United States
Environmental Protection
Agency
Enforcement and
Compliance Assurance
(2201A)
EPA300-R-00-007B
November 2000
www.epa.gov
Office of Environmental Justice (OEJ)
V-/EPA Summary of the Meeting of the
National Environmental Justice
Advisory Council
A FEDERAL ADVISORY COMMITTEE
Omni Hotel at CNN Center
Atlanta, Georgia
May 23 through 26, 2000
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This report and recommendations has been written as a part of the activities of the National
Environmental Justice Advisory Council (NEJAC), a public advisory committee providing extramural
policy information and advice to the Administrator and other officials of the Environmental Protection
Agency (EPA). The Council is structured to provide balanced, expert assessment of matters related
to the Environmental Justice program. This report has not been reviewed for approval by the EPA
and, hence, the contents of this report and recommendations do not necessarily represent the views
and policies of the EPA, nor of other agencies in the Executive Branch of the federal government, nor
does mention of trade names or commercial products constitute a recommendation for use.
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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 fourteen 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
• Arlington, Virginia, July 25 and 26, 1995
• Washington, D.C., December 12 through 14,1995
• Detroit, Michigan, May 29 through 31, 1996
• Baltimore, Maryland, December 10 through 12,1996
• Wabeno, Wisconsin, May 13 through 15,1997
• Durham, North Carolina, December 8 through 10,1997
• Arlington, Virginia, February 23 through 24,1998 (Special Business Meeting)
• Oakland, California, May 31 through June 2, 1998
• Baton Rouge, Louisiana, December 7 through 10,1998
• Arlington, Virginia, November 30 through December 2,1999
• Atlanta, Georgia, May 23 through 26, 2000
The NEJAC also has held other meetings which include:
• Public Dialogues on Urban Revitalization and Brownfields: Envisioning Healthy and Sustainable
Communities held in Boston, Massachusetts; Philadelphia, Pennsylvania; Detroit, Michigan;
Oakland, California; and Atlanta, Georgia in the Summer 1995
• Relocation Roundtable, Pensacola, Florida, May 2 through 4,1996
• Environmental Justice Enforcement and Compliance Assurance Roundtable, San Antonio, Texas,
October 17 through 19, 1996
• Environmental Justice Enforcement Roundtable, Durham, North Carolina, December 11 through
13,1997
• International Roundtable on Environmental Justice on the U.S./Mexico Border, San Diego,
California, August 19 through 21,1999.
As a federal advisory committee, the NEJAC is bound by all requirements of the Federal Advisory Committee
Act (FACA) of October 6,1972. Those requirements include:
• Members must be selected and appointed by EPA
• Members must attend and participate fully in meetings of NEJAC
• Meetings must be open to the public, except as specified by the Administrator
• All meetings must be announced in the Federal Register
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• 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, 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, the 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
(2000)
Designated Federal Official:
Mr. Charles Lee, Associate Director for Policy and
Interagency Liason, EPA Office of Environmental
Justice
Members
Mr. Don Aragon
Ms. Rose Marie Augustine
Mr. Luke Cole
Mr. Fernando Cuevas, Sr.
Mr. Arnoldd Garcia
Dr. Michel Gelobter
Mr. Tom Goldtooth
Ms. Pat Hill Wood
Ms. Jennifer Hill-Kelley
Ms. Annabelle Jaramillo
Ms. Meghan Magruder
Ms. Vemice Miller-Travis
Mr. Harold Mitchell
Chair:
Mr. Haywood Turrentine
Mr. David Moore
Dr. Carlos Padin
Dr. Marinelle Payton
Ms. Rosa Hilda Ramos
Ms. Peggy Shepard
Ms. Jane Stahl
Mr. Gerald Torres
Mr. Bob Vamey
Ms. Jana Walker
Mr. Damon Whitehead
Mr. Jess Womack
Mr. Tseming Yang
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:
environmentel-justice-epa@.epa.gov
Executive Summaries of the reports of the NEJAC meetings are available in English and Spanish on the
Internet at the NEJAC's World Wide Web home page:
http-J/www.epa.gov/oeca/main/ej/nejacfindex.html> (click on the publications icon)
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TABLE OF CONTENTS
Section
CHAPTER ONE SUMMARY OF THE EXECUTIVE COUNCIL
Page
1.0 INTRODUCTION 1-1
2.0 REMARKS 1-2
2.1 Remarks of the Principal Deputy Assistant Administrator, U.S. Environmental
Protection Agency Office of Enforcement and Compliance Assurance 1-3
2.2 Remarks of the Regional Administrator, U.S. Environmental Protection Agency
Region 4 1-3
2.3 Remarks of the Director, U.S. Environmental Protection Agency Office of
Environmental Justice 1-3
2.4 Remarks of the Deputy Administrator, U.S. Environmental Protection Agency 1-5
3.0 PANELS ON ENVIRONMENTAL JUSTICE AND DISCUSSION OF THE
COMMUNITY-BASED ENVIRONMENTAL HEALTH MODEL 1-10
3.1 Panel 1 - Overview: To What Extent Might an Integrated Community-Based Public
Health Model That Includes Assessment, Intervention, and Prevention Contribute to
Disease Prevention and Health Improvement in Environmental Justice
Communities? 1-12
3.2 Panel 2 - Lessons from the Field: What Strategies and Areas of Research Should
Be Pursued to Achieve More Effective, Integrated Community-Based Health
Assessment, Intervention, and Prevention Efforts? 1-14
3.3 Panel 3 - Socioeconomic Vulnerability: How Can Consideration of Socioeconomic
Status and Cultural Factors: (a) Contribute to a Better Understanding of Health
Disparities and Cumulative and Disproportionate Environmental Effects and
(b) Be Incorporated into Community Health Assessments? 1-17
3.4 Panel 4 - Key Federal Initiatives: What Strategies Should Be Developed,
Implemented, and Evaluated so as to Insure Substantial Participation, Integration,
and Collaboration by Federal Agencies, in Partnership with Impacted Communities;
Public Health, Medical, and Environmental Professionals; Academic Institutions;
Philanthropic Organizations; State, Tribal, and Local Governments; and the
Private Sector? . 1-21
4.0 REPORTS AND PRESENTATIONS ..' 1-26
4.1 Report on the Activities of the U.S. Environmental Protection Agency Office of
General Counsel 1-26
4.2 Report on the Activities of the U.S. Environmental Protection Agency Office of
Civil Rights 1-27
4.3 Report on the Activities of the U.S. Environmental Protection Agency Office of
International Activities 1-30
4.4 Presentation on the Creation of the Puerto Rico Subcommittee of the National
Environmental Justice Advisory Council 1-32
4.5 Presentation on Executive Order 13125 1-33
5.0 REPORTS OF THE SUBCOMMITTEES 1-34
5.1 Air and Water Subcommittee 1 -34
5.2 Enforcement Subcommittee 1-35
5.3 Health and Research Subcommittee 1-36
5.4 Indigenous Peoples Subcommittee 1-36
5.5 International Subcommittee 1-37
5.6 Waste and Facility Siting Subcommittee 1-37
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Section
6.0 FOLLOW-UP ON ISSUES RELATED TO ENVIRONMENTAL JUSTICE AND THE
ISSUANCE OF PERMITS 1-38
7.0 CLOSING REMARKS 1-38
8.0 SUMMARY OF APPROVED RESOLUTIONS AND LETTERS FORWARDED TO THE
U.S. ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR 1-39
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Section
CHAPTER TWO SUMMARY OF THE PUBLIC COMMENT PERIODS
Page
1.0
INTRODUCTION 2-1
2.0 GENERAL PUBLIC COMMENT PERIOD HELD ON MAY 23, 2000 2-1
2.1 Elizabeth Crowe, Chemical Weapons Working Group, Berea, Kentucky 2-1
2.2 James Friloux, Louisiana Department of Environmental Quality, Baton Rouge,
Louisiana 2-2
2.3 Farella Esta Robinson, United States Commission on Civil Rights, Kansas City,
Kansas 2-2
2.4 Jerome Baiter, Public Interest Law Center of Philadelphia, Philadelphia,
Pennsylvania 2-3
2.5 Doris Bradshaw, Defense Depot Memphis, Tennessee, Concerned Citizens
Committee, Memphis, Tennessee 2-3
2.6 MaVynee Oshun Betsch, A.L. Lewis Historical Society, American Beach, Florida ... .2-4
2.7 Sarah Craven, Sierra Club, Atlanta, Georgia 2-4
2.8 Jeannie Economos, Farm Worker Association of Florida, Apopka, Florida 2-4
2.9 Chavel Lopez, Southwest Public Workers Union, San Antonio, Texas 2-5
2.10 Marvin Grafter, Wollfolk Citizens Response Group, Fort Valley, Georgia 2-6
2.11 Earnest Marshall, Ombudsman Development Foundation Inc, Atlanta, Georgia 2-6
2.12 Henry Rodriguez, Native American Environmental Protection Coalition, Valley
Center, California 2-6
2.13 Elodia Blanco, Concerned Citizens of Agriculture Street Landfill, New Orleans,
Louisiana 2-6
2.14 Jerilyn Lopez Mendoza, Environmental Defense, Los Angeles, California 2-7
2.15 Donald Brown, People for Environmental Progress and Sustainability, Vallejo,
California 2-7
2.16 Bill Burns, Environmental Awareness Foundation, Atlanta, Georgia 2-7
2.17 Samara Swanston, Sierra Club, Brooklyn, New York 2-8
2.18 Michelle Xenos, Shundahai Network, Las Vegas, Nevada 2-8
2.19 Jay Gilbert Sanchez, Tribal Environmental Watch Alliance, Espanola, New Mexico ... 2-9
2.20 Teresa Juarez, New Mexico Alliance, Chimayo, New Mexico 2-9
2.21 Mark Mitchell, Connecticut Coalition for Environmental Justice, Hartford,
Connecticut 2-9
2.22 Le Vonne Stone, Fort Ord Environmental Justice Network, Marina, California 2-10
2.23 Rabbi Dan Swartz, Children's Environmental Health Network, Washington, D.C. ... 2-10
2.24 Jim MacDonald, Pittsburg Unified School District, Pittsburg, California 2-11
2.25 Jackie Ward, Southern Organizing Committee for Economic and Social Justice,
Brunswick, Georgia 2-11
2.26 Fred Lincoln, Wando Concerned Citizen Committee, Wando, South Carolina 2-11
2.27 Adora Iris Lee, United Church of Christ Commission for Racial Justice,
Washington, D.C 2-11
2.28 Maria Elena Lucas, Farm Worker, Arlington, Texas 2-11
3.0 FOCUSED PUBLIC COMMENT PERIOD HELD ON MAY 24, 2000 2-12
3.1 Mable Anderson, Village Creek Human and Environmental Society, Birmingham,
Alabama 2-12
3.2 Karl Fuller, Pechanga Environmental Program, Temecula, California 2-12
3.3 Cecil Corbin-Mark, West Harlem Environmental Action, New York, New York 2-13
3.4 Michael Lythcott, The Lythcott Company, Marlboro, New Jersey 2-13
3.5 Lionel Dyson, Public Interest Law Center of Philadelphia, Philadelphia,
Pennsylvania 2-13
3.6 Daisy Carter, Project Awake, Coatopa, Alabama 2-14
3.7 Gary Grant, Concerned Citizens of Tillery, Tillery, North Carolina 2-14
3.8 Omar Freilla, New York City Environmental Justice Alliance, New York, New York .. 2-15
3.9 Mildred McClain, Citizens for Environmental Justice, Savannah, Georgia 2-15
in
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Section
3.10 Beverly Wright, Wampanoag Tribe of Gay Head, Aquinnah, Massachusetts 2-16
3.11 Grace Hewell, Health Policy Group, Chattanooga, Tennessee 2-16
3.12 Sandra Jaribu Hill, Center for Constitutional Rights, Greenville, Mississippi 2-17
3.13 James Hill, Scarboro Community Environmental Justice Network, Oak Ridge,
Tennessee 2-18
3.14 Mildred Colen, Private Citizen, Warren, Arkansas 2-18
3.15 Caitlin Waddick, City Planning Program, Georgia Institute of Technology,
Atlanta, Georgia 2-18
3.16 Pat Hartman, Concerned Citizens of Mossville, Westlake, Louisiana 2-19
3.17 Pat Costner, GreenPeace International, Eureka Springs, Arkansas 2-19
3.18 Charlotte Keys, Jesus People Against Pollution, Columbia, Mississippi 2-19
3.19 Ian Zabarte, Western Shoshone National Council, Indian Springs, Nevada 2-20
3.20 Michelle Xenos, Shundahai Network, Las Vegas, Nevada 2-20
3.21 David Baker, Community Against Pollution, Anniston, Alabama 2-20
3.22 Natalie Leverette, PEACE, Richton, Mississippi 2-21
3.23 Nan Freeland, Natural Resources Leadership Institute, Raleigh, North Carolina .... 2-21
3.24 Connie Tucker, Southern Organizing Committee for Economic and Social Justice,
Atlanta, Georgia 2-21
3.25 Edgar Moss, Mclntosh Environmental Justice Taskforce, Inc., Atlanta, Georgia 2-22
3.26 Usha Little, Native American Environmental Protection Coalition, Valley Center,
California 2-22
3.27 Hazel Johnson, People for Community Recovery, Chicago, Illinois 2-22
3.28 Mark Mitchell, Connecticut Coalition for Environmental Justice, Hartford,
Connecticut 2-22
3.29 MaVynee Oshun Betsch, A.L. Lewis Historical Society, American Beach, Florida ... 2-23
3.30 Damu Imara Smith, GreenPeace, International, Washington, D.C 2-23
3.31 Elizabeth Crowe, Chemical Weapons Working Group, Berea, Kentucky 2-23
3.32 Jim MacDonald, Pittsburg (California) Unified School District, Pittsburg, California .. 2-24
3.33 Donnel Wilkins, Detroiters Working for Environmental Justice, Detroit, Michigan 2-24
IV
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Section
CHAPTER THREE SUMMARY OF THE AIR AND WATER SUBCOMMITTEE
1.0 INTRODUCTION 3-1
2.0 REMARKS 3-1
3.0 REVIEW OF THE DECEMBER 1999 MEETING SUMMARY 3-2
4.0 PRESENTATIONS AND REPORTS 3-2
4.1 Public Utilities 3-2
4.1.1 Coal-Fired Power Plants in Georgia 3-2
4.1.2 Regulation of Mercury Emissions from Coal-Fired Power Plants 3-4
4.1.3 Power Plants in Puerto Rico 3-5
4.2 Concentrated Animal Feeding Operations 3-6
4.2.1 U.S. Environmental Protection Agency and the U.S. Department of
Agriculture Regulation of Concentrated Animal Feeding Operations 3-6
4.2.2 Joint Resolution on Concentrated Animal Feeding Operations 3-7
4.3 Guidance for Reducing Toxic Loadings 3-8
4.4 Fish Contamination 3-11
4.5 Urban Air Initiatives 3-12
4.5.1 U.S. Environmental Protection Agency Diesel Retrofit Program 3-12
4.5.2 U.S. Environmental Protection Agency Tier 2 Strategy 3-13
4.5.3 Environmental Justice Concerns in Southern California Related to
Air Pollution 3-14
4.5.4 Partnership for Clean Air Communities 3-14
4.5.5 U.S. Environmental Protection Agency Urban Air Toxics Strategy 3-15
5.0 RESOLUTION AND SIGNIFICANT ACTION ITEMS 3-16
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Section
CHAPTER FOUR MEETING OF THE ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION 4-1
2.0 REMARKS 4-1
2.1 Remarks of the Chair of the Enforcement Subcommittee 4-1
2.2 Remarks of the Principal Deputy Assistant Administrator of the U.S. Environmental
Protection Agency Office of Enforcement and Compliance Assurance 4-1
3.0 STRATEGIC PLANNING PROCESS OF THE ENFORCEMENT SUBCOMMITTEE 4-3
4.0 PRESENTATIONS AND REPORTS 4-5
4.1 Health Theme Discussion: What Health Data and Indicators Should the U.S.
Environmental Protection Agency be Using to Target its Enforcement Efforts and
Resources? 4-5
4.1.1 Presentation on the U.S. Environmental Protection Agency's Enforcement
and Compliance Targeting Activities 4-5
4.1.2 Presentation on Indicator Technology: Utility for Identifying High Risk
Communities — 4-6
4.1.3 Presentation on Environmental Enforcement and Public Health 4-7
4.1.4 Presentation on the Richmond County Health Department Health
Intervention Project 4-8
4.2 Presentation on Concentrated Animal Feeding Operations 4-8
4.3 Update on the U.S. Environmental Protection Agency Guidance Related to Title VI
of the Civil Rights Act of 1964 and Health Effects Associated with Lack of
Enforcement of Title VI 4-10
5.0
RESOLUTIONS AND SIGNIFICANT ACTION ITEMS 4-12
VI
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Section
CHAPTER FIVE MEETING OF THE HEALTH AND RESEARCH SUBCOMMITTEE
INTRODUCTION 5_1
1.0
2.0
3.0
4.0
5.0
REMARKS 5--I
ACTIVITIES OF THE SUBCOMMITTEE 5-1
3.1 Report of the Working Group on Community Environmental Health Assessment on
the Decision Tree Framework for Community-Directed Environmental Health
Assessment 5-2
3.2 Discussion of Federal Facilities 5.3
INTERAGENCY FORUM ON PARTNERSHIPS IN PUBLIC HEALTH 5-3
RESOLUTIONS AND SIGNIFICANT ACTION ITEMS 5-6
VII
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Section
CHAPTER SIX MEETING OF THE INDIGENOUS PEOPLES SUBCOMMITTEE
Page
1.0 INTRODUCTION 6-1
2.0 REMARKS 6-1
3.0 DISCUSSIONS OF THE SUBCOMMITTEE RELATED TO ENVIRONMENTAL HEALTH .... 6-1
3.1 Presentations Environmental Health and Research in Indian Country 6-2
3.2 Presentation on Persistent Organic Pollutants and Persistent Bioaccumulative
Toxins 6-4
4.0 PRESENTATIONS AND REPORTS 6-5
4.1 Summary of the Videotape The Forgotten America - Alaska's Rural Sanitation
Problem" 6-5
4.2 Presentation on the Proposed Gregory Canyon Landfill 6-6
4.3 Public Utility Activities of the U.S. Environmental Protection Agency Region 10 in
Rural Alaskan Villages 6-6
4.4 Nuclear Risk Management Native Program - Radiation Exposure of Shoshone
People 6-6
4.5 Effects of Navy Bombing Range on the Wampanoag Tribe, Nomans Island,
Massachusetts 6-7
5.0 RECOMMENDATIONS ON ENVIRONMENTAL RESEARCH NEEDS IN INDIAN
COUNTRY 6-8
6.0 RESOLUTION AND SIGNIFICANT ACTION ITEMS 6-9
VIII
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Section
CHAPTER SEVEN MEETING OF THE INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION 7^
2.0 REMARKS '. 7.-,
3.0 ACTIVITIES OFTHE SUBCOMMITTEE 7_1
3.1 Updates on the Roundtable on Environmental Justice on the U.S.-Mexico Border 7-1
3.2 Update on the South Africa Work Group 7-2
4.0 PRESENTATIONS AND REPORTS 7-2
4.1 Presentations on Public Health and Exposure to Pesticides 7-3
4.1.1 Improving the Health of Farm Workers: First Hand Accounts of Life as a
Migrant Farm Worker 7.3
4.1.2 Barrio Logan Successful in Closing Methyl Bromide Facility 7-4
4.1.3 Lake Apopka and Farm Worker Health 7.5
4.1.4 Initiatives of the U.S. Environmental Protection Agency Office of Prevention,
Pesticides, and Toxic Substances 7-6
4.1.5 Presentation on Worker Protection Standard, Compliance and Enforcement
Study 7.7
4.2 Update on Activities of the U.S. Environmental Protection Agency San Diego Border
Liaison Office 7,7
4.3 Update on the Activities of the U.S. Environmental Protection Agency Office of
International Activities 7.3
5.0 DIALOGUE WITH THE SOUTH AFRICAN DELEGATION 7-10
6.0 SIGNIFICANT ACTION ITEMS 7-12
IX
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Section
CHAPTER EIGHT MEETING OF THE WASTE AND FACILITY SITING SUBCOMMITTEE
1.0 INTRODUCTION , 8-1
2.0 REMARKS 8-1
3.0 UPDATE ON WORK GROUPS OF THE SUBCOMMITTEE 8-2
3.1 Waste Transfer Stations Work Group 8-2
3.2 Brownfields Work Group 8-3
3.3 Superfund Redevelopment Initiative Work Group 8-4
4.0 PRESENTATIONS AND REPORTS 8-5
4.1 Presentation on International City/County Management Association Activities 8-5
4.2 Presentation on New Bethel Life, Inc. Activities 8-5
4.3 Update on the U.S. Environmental Protection Agency Brownfields Job Training and
Development Demonstration Pilot Program 8-5
4.4 Update on U.S. Environmental Protection Agency Social Siting Booklet 8-6
4.5 Discussion of Socioeconomic Vulnerability 8-6
4.6 Update on U.S. Environmental Protection Agency Superfund Redevelopment
Initiative 8-7
4.7 Status Report on the Relocation Policy and Forum 8-8
4.8 Presentation by the U.S. Department of Transportation on the Uniform
Relocation Act 8-8
4.9 Guidance for Reducing Toxics Loadings 8-8
5.0 SUMMARY OF PUBLIC DIALOGUE 8-10
5.1 The Tri-State Environmental Council, Save Our Community (SOC), Inc 8-10
5.2 The Alabama African-American Environmental Justice Action Network and
the Southern Organizing Committee for Economic and Social Justice 8-11
5.3 Cleanup Standards on Nomans Island, Massachusetts 8-11
6.0
SIGNIFICANT ACTION ITEMS 8-12
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Section Page
CHAPTER NINE SUMMARY OF THE JOINT SESSION OF THE HEALTH AND RESEARCH
AND THE WASTE AND FACILITY SITING SUBCOMMITTEES
1.0 INTRODUCTION 9-1
2.0 REMARKS 9-1
3.0 PRESENTATIONS 9-2
3.1 Review of Findings Presented in the Exposure Investigation: Calcasieu Estuary
(Mossville), Louisiana 9-2
3.2 Report on the Activities of the U.S. Environmental Protection Agency Region 6 in
the Calcasieu Estuary 9-5
3.3 Report on the Exposure Investigation: Calcasieu Estuary (Mossville), Louisiana 9-5
3.4 Report from the Louisiana Department of Health and Hospitals 9-7
3.5 Communication from the Louisiana Department of Environmental Quality 9-8
3.6 Report from the Louisiana Chemical Association .9-8
3.7 Additional Comments of Representatives of GreenPeace, Mossville Environmental
Action Now, and the Calcasieu League for Environmental Action Now 9-9
4.0 QUESTION AND ANSWER PERIOD 9-9
XI
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EXECUTIVE SUMMARY
INTRODUCTION
This executive summary provides highlights of the fifteenth
meeting of the National Environmental Justice Advisory
Council (NEJAC), held May 23 through 26,2000 at the Omni
Hotel at CNN Center in Atlanta, Georgia. Each of the six
subcommittees met for a full day on May 25, 2000. In
addition, on May 23, 2000, members of the NEJAC
participated in a fact-finding tour of several communities in
Anniston, Alabama to learn about environmental issues and
concerns of importance to those communities. The NEJAC
hosted on May 23 a public comment period for general
environmental justice issues. The NEJAC also hosted on
May 24 a second public comment period which focused on
community environmental health and environmental justice
issues. Approximately 536 persons attended the meetings
and the public comment periods.
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. HaywoodTurrentine, Laborers' District Council Education
and Training Trust Fund (an affiliate of the Laborers'
International Union of North America), serves as the chair of
the Executive Council. Ms. Peggy Shepard, Executive
Director, West 'Harlem Environmental Action Inc. and
member of the Health and Research Subcommittee, serves
as the newly appointed vice-chair of the Executive Council of
the NEJAC. Mr. Charles Lee, Associate Director for Policy
and Interagency Liaison, EPA Office of Environmental Justice
(OEJ), serves as the Designated Federal Official (DFO) for
the Executive Council. Exhibit ES-1 lists the chair and DFO
of the executive council, as well as the persons who chair the
six subcommittees of the NEJAC and the EPA staff
appointed to serve as the DFOs for the subcommittees.
OEJ maintains transcripts and summary reports of the
proceedings of the NEJAC meetings. Those documents.are
available to the public upon request. The public also has
access to the executive summaries of reports of previous
meetings, as well as other publications, of the NEJAC
through the World Wide Web at (click on the publications icon).
The summaries are available in both English- and Spanish-
language versions.
Exhibit ES-1
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
CHAIRS AND DESIGNATED
FEDERAL OFFICIALS
Executive Council:
Mr. Hay wood Turrentine, Chair
Ms. Peggy Shepard, Vice-Chair
Mr. Charles Lee, Designated Federal
Official (DFO)
Air and Water Subcommittee:
Dr. Michel Gelobter, Chair
Ms. Annabelle Jaramillo, Vice-Chair
Ms. Alice Walker, co-DFO
Dr. Wil Wilson, co-DFO
Enforcement Subcommittee:
Mr. Luke Cole, Chair
Ms. Savonala Home, Vice-Chair
Ms. Shirley Pate, DFO
Mr. Robert Banks, Alternate DFO
Health and Research Subcommittee:
Dr. Marinelle Payton, Chair
Ms. Rose Marie Augustine, Vice-Chair
Mr. Lawrence Martin, co-DFO
Mr. Chen Wen, co-DFO
Indigenous Peoples Subcommittee:
Mr. Tom Goldtooth, Chair
Ms. Jennifer Hill-Kelley, Vice-Chair
Mr. Daniel Gogal, DFO
Mr. Robert Smith, Alternate DFO
International Subcommittee:
Mr. Arnoldo Garcia, Chair
Mr. Alberto Saldamando, Vice-Chair
Ms. Wendy Graham, DFO
Waste and Facility Siting Subcommittee:
Ms. Vernice Miller-Travis, Chair
Ms. Veronica Eady, Vice-Chair
Atlanta, Georgia, May 23 through 26,2000
ES-1
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Executive Summary
National Environmental Justice Advisory Council
REMARKS
Ms. Sylvia Lowrance, Principal Deputy Assistant Administrator, EPA Office of Enforcement and Compliance
Assurance (OECA), noted that the meeting marked a "tremendously important milestone" in the progress of
the NEJAC and its work with EPA. To address public health problems in communities, Ms. Lowrance
explained, it is essential to have better science with regard to those health and environmental problems that
face communities. She noted that there has been a void in addressing such issues and that the missing link
has been health research. She then expressed her excitement about the program that the NEJAC would be
focusing on during the meeting and made a commitment that EPA would follow-up on the work accomplished
by the NEJAC during the meeting.
Mr. John Hankinson, Deputy Regional Administrator, EPA Region 4, reported that in 1996, EPA Region 4 had
been reorganized dramatically to better serve communities that have environmental justice concerns. Mr.
Hankinson stressed that the reorganization had been designed not only to serve such communities better,
but also to improve the manner by which the region conducts its daily activities related to environmental
justice. In other words, he clarified, the reorganization is structured to ensure that concerns related to
environmental justice become integrated into all activities and across all media programs. He expressed
agreement with Ms. Lowrance that it is extremely important to have the best science possible upon which to
base judgements related to the environmental health of acommunity. Concluding his remarks, Mr. Hankinson
stressed the necessity that EPA work with other agencies and other programs that not only focus on
environmental issues, but also deal with all issues that must be addressed if communities are to be healthy.
Mr. Barry Hill, Director, EPA OEJ, began his presentation by welcoming all participants to the meeting of the
NEJAC on public health, noting that it was appropriate that the meeting be held in Atlanta, Georgia, the home
of the U.S. Department of Health and Human Services' (HHS) Centers for Disease Control and Prevention
(CDCP) and the Agency for Toxic Substances and Disease Registry (ATSDR). Mr. Hill then placed the
meeting in perspective by reminding the participants that the mission of EPA is to protect human health and
to safeguard the natural environment — the air, water, and land upon which all life depends. Therefore, he
declared, the issue of protecting the public health is of great importance to the Agency. Mr. Hill commented
that, while the Agency has made great strides in safeguarding the natural environment, EPA has not been as
successful in protecting human health. That is why, he explained, the EPA Administrator, through OEJ, had
requested that the NEJAC focus a meeting on the issue of public health. The Agency, he emphasized, is
seeking the advice and recommendations of the NEJAC, a multi-stakeholder advisory committee, on how
better to address issues related to public health.
Continuing, Mr. Hill explained that the underlying question the panelists and the members of the NEJAC
should address is whetherthere is a direct correlation between impacts on the environment and public health.
Many people would agree that a direct correlation exists, he noted; adding however, that when asked to
demonstrate the connection, communities, scientists, and public health officials are unable to do so because
the science does not yet exist. Mr. Hill then provided a list of questions related to demonstrating the direct
correlation between the environment and public health that were to be posed over the course of the meeting:
• If not now, when will sound science be available?
• Are [government agencies] making great strides in that direction?
• How far do [government agencies] have to go to satisfy not only the scientists and public health officials,
but also the concerned public?
• What must Federal, state, and local government agencies do to focus their attention and considerable
resources on demonstrating the direct correlation?
• How can communities become more involved in demonstrating the direct correlation by developing and
using community-based health research models?
• How can industry be of assistance in using its considerable resources to participate in the dialogue of
demonstrating the direct correlation?
ES-2
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Mr. Michael McCabe, Deputy Administrator of EPA, expressed his appreciation to Mr. Turrentine for his
leadership of the NEJAC and to the members of the Executive Council for the time and effort they spend on
important issues related to environmental justice. Mr. McCabe then noted that the NEJAC had been providing
crucial and important advice to the EPA Administrator for the past seven years and has had a direct effect on
many of the Agency's initiatives, such as its Brownfields Economic Redevelopment Initiative. Mr. McCabe
stated that he now would request that the NEJAC provide help and guidance related to the role of risk
assessments and the cumulative effects of environmental contamination on communities.
Continuing, Mr. McCabe updated the members of the Executive Council on several activities at EPA related
to environmental justice. He announced that EPA's Office of Civil Rights (OCR) soon was to release two new
draft guidance documents to clarify for government agencies and the public the compliance requirements set
forth under Title VI of the Civil Rights Act of 1964 (Title VI). He then announced the Integrated Federal
Interagency Environmental Justice Action Agenda developed by the Interagency Work Group on
Environmental Justice. Mr. McCabe explained that the goal of the action agenda is to bring together the
resources of 11 of the 17 Federal agencies called upon in Executive Order 12898 on Environmental Justice
to help environmentally and economically distressed communities.
Continuing his remarks, Mr. McCabe explained that, under the leadership of the EPA Administrator, the
Agency had been and would continue to be guided by the vision of a new partnership - economic prosperity
and protection. Mr. McCabe expressed the Agency's belief that economic expansion and environmental
protection are goals that must fbe achieved together. Experience, he noted, has demonstrated that an
investment in the environment is an investment in job creation and in raising healthy children. Over the past
seven years, he emphasized, EPA has been guided by the belief that principles of environmental justice must
be rooted in the understanding that all people share the planet and all share the future; therefore, all must
share the responsibility of environmental protection.
PANELS ON ENVIRONMENTAL JUSTICE AND DISCUSSION OF
THE COMMUNITY-BASED ENVIRONMENTAL HEALTH MODEL
In its continuing effort to provide independent advice to the EPA Administrator in areas related to
environmental justice, the NEJAC focused its fifteenth meeting on a specific policy issue — environmental
justice and its relationship to community-based environmental health research. On Wednesday, May 24,
2000, the members of the NEJAC received a series of presentations from panels comprised of
representatives of various stakeholder groups. The presentations were designed to provide insight into the
issues raised and concerns expressed about the relationship of environmental justice and public health.
Exhibit ES-2 identifies the individuals who participated in the panel discussions.
Mr. Lee began the panel presentations by introducing members of EPA's Science Advisory Board (SAB) and
Children's Health Protection Advisory Committee (CHPAC), who had been invited to participate in the meeting
of the NEJAC. Members representing the SAB were Mr. Henry Anderson, Wisconsin Division of Public Health
and Mr. Hilary Inyang, Center for Environmental Engineering Science and Technology, University of
Massachusetts, Lowell. Members representing CHPAC were Ms. Willa Fisher, Bremerton-Kitsap County,
Washington State Health District and Rabbi Dan Swartz, Children's Environmental Health Network.
The panel presentations included:
*• Panel 1: Overview: To what extent might an integrated community-based public health model that
includes assessment, intervention, and prevention contribute to disease prevention and health
improvement in environmental justice communities?—This panel provided a historical overview of health
issues found in communities that have environmental justice concerns and how a holistic integrated view
of disease prevention and health improvement has evolved.
Atlanta, Georgia, May 23 through 26,2000
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Exhibit ES-2
PANEL PRESENTATIONS ON ENVIRONMENTAL JUSTICE
AND DISCUSSION OF THE COMMUNITY-BASED ENVIRONMENTAL HEALTH MODEL
The fifteenth meeting of the National Environmental Justice Advisory Council focused on Federal efforts to
secure disease prevention and health improvement in communities in which there are health disparities that may
be the result of, or be exacerbated by, disproportionate effects of environmental pollutants and certain
socioeconomic and cultural factors. During the meeting, the members of the National Environmental Justice
Advisory Committee (NEJAC) received comments and information related to environmental justice and public
health from the individuals identified below.
Panel 1 - Overview
To what extent might an integrated community-based public health model that includes assessment,
intervention, and prevention contribute to disease prevention and health improvement in
environmental justice communities?
Robert Bullard, Ph.D. Environmental Justice Resource Center, Clark Atlanta University, Atlanta,
Georgia
Richard Moore Southwest Network for Environmental and Economic Justice, Albuquerque, New
Mexico
Patrick Kinney, Ph.D. Columbia University School of Public Health, New York, New York
Panel 2 — Lessons from the Field
What strategies and areas of research should be pursued to achieve more effective, integrated
community-based health assessment, intervention, and prevention efforts?
Ray Campion Mickey Leland National Urban Air Toxics Research Center, Houston, Texas
David Carpenter, M.D. University of Albany School of Public Health, Rensselaer, New York
Katsi Cook Akwesasne Mohawk Nation, Berkshire, New York
Carlos Porras Communities for a Better Environment, Huntington Park, California
Panel 3 — Socioeconomic Vulnerability
How can consideration of socioeconomic status and cultural factors (a) contribute to a better
understanding of health disparities and cumulative and disproportionate environmental effects; and
(b) be incorporated into community health assessments?
Michael Callahan U.S. Environmental Protection Agency (EPA), Cumulative Risk Technical
Review Panel, Washington, D.C.
Walter Handy, Ph.D Cincinnati Health Department, Cincinnati, Ohio
Samara Swanston, J.D. Greenpoint-Williamsburg Watch Project, Brooklyn, New York
Panel 4—Key Federal Initiatives
Wliat strategies should be developed, implemented, and evaluated so as to insure substantial
participation, integration, and collaboration by Federal agencies, in partnership with impacted
communities; public health, medical and environmental professionals; academic institutions;
philanthropic organizations; state, tribal, and local governments; and the private sector?
Henry Falk,M.D.
Jon Kemer, Ph.D.
Michael Rathsam
Michael Sage
Charles Wells
Harold Zenick
Agency for Toxic Substances and Disease Registry, Atlanta, Georgia
National Cancer Institute, Rockville, Maryland
.Indian Health Services, Manlius, New York
National Center for Environmental Health, Atlanta, Georgia
National Institute of Environmental Health Sciences, Atlanta, Georgia
EPA Office of Research and Development, Research Triangle Park, North
Carolina
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> Panel 2: Lessons from the field: what strategies and areas of research should be pursued to achieve
more effective, integrated community-based health assessment, intervention, and prevention efforts?—
This panel of community-based practitioners presented recommendations based on their experience of
the strategies and targeted research that would most effectively advance at this time an integrated
community-based health assessment, intervention, and prevention model.
*• Panel 3: Socioeconomic vulnerability: how can consideration of socioeconomic status and cultural
factors: (a) contribute to a better understanding of health disparities and cumulative and disproportionate
environmental effects; and (b) be incorporated into community health assessments?— Members of the
panel explored the extent to which socioeconomic vulnerabilities might be incorporated into community
health assessments for populations alreadysuffering health disparities. In addition, members of the panel
offered recommendations about research priorities for the development of policy in areas of
socioeconomic vulnerability, cumulative risk, and disproportionate environmental effects.
> Panel 4: Key Federal initiatives: what strategies should be developed, implemented, and evaluated so
as to insure substantial participation, integration and collaboration by Federal agencies, in partnership with
impacted communities; public health, medical and environmental professionals; academic institutions;
philanthropic organizations; state, tribal and local governments; and the private sector?— Senior officials
from EPA and other Federal public health agencies offered perspectives and provided overviews of their
respective agencies' efforts to address environmental justice and community-based public health needs.
PRESENTATIONS
The Executive Council also heard presentations by the following individuals:
>• Ms. Ann Goode, Director, EPA OCR, updated the members of the Executive Council on the status of the
Title VI Interim Guidance for Investigating Administrative Complaints Which Challenge Permitting
Decisions (interim guidance). She announced that EPA soon would publish in the Federal Register two
new draft guidance documents related to Title VI for public comment review.
>• Mr. Alan Hecht, Principal Deputy Assistant Administrator, EPA Office of International Activities (OIA),
offered a brief overview of issues related to the U.S.-Mexico border to be addressed in the next year. He
also provided an update on activities related to addressing recommendations from the Roundtable on
Environmental Justice on the U.S./Mexico Border held in National City, California in August 1999.
>• Mr. William Muszynski, Deputy Regional Administrator, EPA Region 2, provided an update on the efforts
of EPA Region 2 to improve and protect the environment in Puerto Rico. Mr. Muszynski announced that
the creation of a new NEJAC subcommittee on Puerto Rico had been approved by the EPA Administrator.
> Ms. Maria Hendriksson, Special Assistant to the Director of the Office of Human Resources, EPA Office
of Administration and Resources Management (OARM) reported on Executive Order 13125 on Asian
Americans and Pacific Islanders and the White House initiative on those populations. She explained that
the order had been issued in an effort to improve the quality of life of Asian Americans and Pacific
Islanders in this country through increased participation in Federal programs.
OTHER ACTIVITIES OF THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
On May 23, 2000, members of the NEJAC participated in a fact-finding tour of several communities in
Anniston, Alabama. Such fact-finding 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. In
Anniston, the fact-finding tour focused on community health issues associated with contamination of soil with
polychlorinated biphenyls (PCB) caused by local industry.
On May 25,2000, the members of the Health and Research and Waste and Facility Siting subcommittees of
the NEJAC participated in a joint session to discuss the investigation conducted by ATSDR in November 1999
Atlanta, Georgia, May 23 through 26,2000
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of exposure to hazardous pollutants in Mossville, Calcasieu Parish, Louisiana. The Air and Water and Waste
and Facility Siting subcommittees also held a joint session on May 25,2000, to discuss EPA's draft guidance
on toxic loadings reduction.
In the weeks before the May 2000 meeting of the NEJAC, EPA hosted delegates representing the South
African environmental justice community to an intensive program conducted in the southeastern United
States. The delegates from South Africa also participated in the meeting of the International Subcommittee
of the NEJAC held on May 25, 2000.
PUBLIC COMMENT PERIODS
The NEJAC hosted public comment periods on May 23 and 24, 2000. More than 60 people participated in
the two public comment periods. Significant concerns expressed during the public comment periods included:
* Many commenters continued to request that the NEJAC establish a work group to address environmental
justice issues faced by communities located near Federal facilities. Commenters expressed concern
about the lack of enforcement of environmental laws and regulations by Federal agencies.
*• Several commenters questioned the length of time taken and the amount of analysis conducted by
Federal agencies before a health issue is acknowledged. In addition, commenters expressed concern
about the lack of interim measures taken by Federal agencies to address those health effects on
communities.
> Several commenters continued to express concern about the lack of enforcement of Title VI related to
the siting of facilities. Commenters recommended that EPA examine issues related to Title VI to prevent
discrimination related to health disparities in minority and low-income communities.
>• Several commenters requested that Federal agencies improve funding and other resources allocated to
communities-that are adversely effected by contamination. Commenters recommended that Federal
agencies increase their involvement with communities to establish partnerships. In addition, several
commenters urged that EPA reestablish the Community/University Partnership grant program.
>• Several commenters also recommended that Federal agencies collaborate and coordinate efforts to
ensure that public health issues related to communities adversely effected by environmental
contamination are addressed. Commenters also requested that Federal agencies provide training to
medical professionals on the health effects of environmental contamination, particularly from pesticides.
Commenters also expressed concern about the lack of access to health care.
»• Many commenters expressed serious concern about the continued exposure of migrant farm workers to
pesticides. Commenters suggested that research on pesticides and exposure to pesticides has been
insufficient and requested that EPA examine the process by which pesticides are registered, as well as
research into alternatives to reduce the nation's dependence on pesticides, especially methly bromide.
COMMON THEMES
During the meetings of the Executive Council and its subcommittees, the members of the NEJAC discussed
a wide range of issues related to environmental justice. Specific concerns of and commitments made by the
NEJAC are outlined below. Members:
»• Expressed concern about the apparent lack of involvement by many Federal agencies to address issues
related to environmental justice as required by Executive Order 12898 on Environmental Justice.
>• Questioned the apparent disregard by Federal agencies of community input related to addressing
potential health.effects caused by contamination.
>• Expressed concern about the use of chemicals and their effects on workers.
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Executive Summary
*• Expressed concern aboutthe backlog of administrative complaints filed underTitle VI at EPA. In addition,
members expressed concern about the time frame for submitting comments on the two new draft
guidance documents related to Title VI.
*• Recommended that Federal agencies form partnerships and collaborate to effectively address issues
related to public health and environmental justice.
Members of the NEJAC continued to express frustration at the inability of the NEJAC and EPA to assist those
who have provided testimony at public comment periods of the NEJAC about environmental justice concerns
related to Federal facilities, as well as actions by other Federal agencies. Members expressed concern about
the lack of compliance on the part of other Federal agencies to implement Executive Order 12898 on
Environmental Justice.
Members of the NEJAC questioned why Federal agencies continue to disregard members of the communities'
input related to addressing potential health effects caused by contamination. The members pointed out that
communities are in the best position to inform government agencies of issues related to public health that
effect their communities.
Members of the NEJAC discussed the use of chemicals in the workplace and the effects of exposure on
workers, particularly the use of pesticides and their effects on migrant farm workers. Members expressed
concern about the lack of enforcement of regulations related to pesticide use.
Members of the NEJAC continued to express concern about EPA's ability to process in a timely manner
administrative complaints filed under Title VI. Members urged EPA OCR to accelerate the process and
resolve as many cases as possible before the end of the current Presidential administration. Members of the
NEJAC also expressed concern that community groups may not have sufficient time to read the documents
and provide comments to OCR in an informed manner.
Members of the NEJAC discussed that Federal agencies should form more partnerships to address the public
health issues faced by communities and caused by environmental contamination. Members expressed their
belief that through such partnerships Federal agencies can collectively develop strategies to assess, prevent,
and intervene in matters related to public health problems caused by environmental contamination.
SUMMARIES OF THE SUBCOMMITTEE MEETINGS
Summarized below are the deliberations of the members of the six subcommittees of the NEJAC during their
meetings held on May 25, 2000.
Air and Water Subcommittee
> Members of the subcommittee continued discussions initiated during the December 1999 meeting of the
subcommittee on the effects and regulation of public utilities as related to environmental justice. The
subcommittee agreed to develop a resolution in which the NEJAC recommends that EPA regulate
mercury emissions from coal-fired power plants.
> The subcommittee heard presentations on the environmental and health effects of concentrated animal
feeding operations (CAFO). The subcommittee submitted to the NEJAC a proposed resolution developed
jointly with the Enforcement Subcommittee recommending that EPA commit additional resources to
regulate CAFOs.
> The subcommittee heard presentations and provided input on urban air initiatives around the country.
>• The subcommittee also created a joint work group with the Waste and Facility Siting Subcommittee to
review EPA Office of Solid Waste and Emergency Response's (OSWER) draft guidance on reducing toxic
loadings.
Atlanta, Georgia, May 23 through 26, 2000
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*• Members of the subcommittee also agreed to expand the subcommittee's work group on fish
consumption to include members of the Indigenous Peoples Subcommittee. The work group would
investigate the health effects on indigenous populations of the consumption of contaminated fish.
Enforcement Subcommittee
*• Members received presentations thatfocused on health issues and how health data and indicators should
be used by EPA to target enforcement efforts and resources in communities deem to be the most
vulnerable to exposure. Members of the subcommittee expressed concerns and asked questions about
universal health indicators and targeting enforcement indicators.
>• The Enforcement Subcommittee reviewed and approved amendments, submitted by the Air and Water
Subcommittee, to a proposed resolution on CAFOs. Members also discussed developing a more
comprehensive report that would outline and further describe concerns about and issues related to the
enforcement of the operation of CAFOs.
>• The members of the subcommittee discussed at length the health effects and other environmental justice
issues related to the lack of enforcement of Title VI. Ms. Goode discussed OCR's outreach strategy for
receiving comments on EPA's new draft guidance documents related to Title VI. Noting that the backlog
of administrative cases filed under Title VI continues to increase, members of the subcommittee
discussed options for decreasing the backlog of cases.
Health and Research Subcommittee
> The subcommittee held an Interagency Forum to discuss building collaborations between agencies and
communities to address health care issues. The discussions of the Interagency Forum included clarifying
the role of each agency, establishing areas of priority for research, and identifying a strategic plan to
consider the next steps toward improving public health; implementation, development, and evaluation of
future community-based health assessments; and pollution prevention and intervention issues in minority
and low-income communities.
>- Members of the Community Health Assessment Work Group of the subcommittee presented a report on
their evaluation of the Decision Tree Framework for Community-Directed Environmental Health
Assessment.
>• Members of the subcommittee agreed to prepare for consideration by the Executive Council of the NEJAC
a proposed resolution to make recommendations to EPA for the future development of the decision tree
framework as a priority for EPA.
Indigenous Peoples Subcommittee
*• In response to continued concerns expressed during earlier public comment periods of the NEJAC,
members agreed that policies delineating the authority and jurisdiction of government agencies are
unclear about issues related to environmental health in Indian country. Members discussed the need for
each agency to better define their areas of authority and to exercise increased collaboration to better
protect the health of tribal members in Indian country.
»• Members of the subcommittee recommended that EPA staff responsible for environmental health in
Indian country need increased training related to cultural issues and the unique government structures
in Indian country.
*• Members of the subcommittee discussed the need for applicable baseline data of environmental health
in Indian country. Members agreed that Indian Health Services of HHS must ensure the availability of
data specific to each tribe and involve tribal communities in decisions about environmental health.
Further, tribal communities must understand the benefits of health research, receive accredited training,
and preserve individual confidentiality during the research.
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Executive Summary
*• Related to infrastructure, members of the subcommittee discussed the need for innovative sustainable
technologies in Indian country and the development of proper funding or financial mechanism to provide
training, education, and technical assistance to tribal members in the operation and maintenance of
facilities.
International Subcommittee
*• The members of the International Subcommittees heard presentations from farmworkers about living
conditions of farmworkers; reports on pesticide pollutants and effects on Lake Apopka, Florida; and
reports from representatives of EPA's Office of Pollution Prevention and Toxics (OPPT), and the Office
of Enforcement. Recommendations for improving the health of farmworkers included increasing training
and awareness of pesticides among both farmworkers and people in the medical care industry, enforcing
compliance of pesticide regulations, and involving more agencies and stakeholders in these discussions.
The members of the subcommittee agreed to create a Farmworker Work Group to examine these issues.
>• The members of the International Subcommittee discussed the follow-up activities to the Roundtable on
Environmental Justice on the U.S./Mexico Border meeting held August 1999 in National City, California.
Representatives of EPA regions 6 and 9 provided updates on activities to address the recommendations
that were developed at the meeting. To effectively implement the recommendations, the members of the
International Subcommittee agreed to create a work group.
»• The members of the International Subcommittee participated in an extensive dialogue with a delegation
of representatives from South Africa in which ideas were exchanged related to environmental justice. In
addition, members of the South Africa Work Group of the subcommittee provided updates on the work
group's progress.
Waste and Facility Siting Subcommittee
> Members of the Superfund Redevelopment Initiative Work Group of the subcommittee explained the
purpose of the work group which includes but is not limited to ensuring that principles related to
environmental justice and community outreach efforts are meaningfully incorporated into the Superfund
Redevelopment Initiative policies and plans. In addition, the work group will be asked to provide
recommendations on plans to redevelop Superfund sites for productive and appropriate reuse. The
following concerns were identified by the work group: education of Remedial Project Managers and
others about the opportunities that the program presents and the need for a potentially responsible party
(PRP) representative on the work group.
>• Members of the subcommittee participated in a joint session with the Health and Research Subcommittee
and representatives of Mossville Environmental Action Now (M.E.A.N.), GreenPeace International,
Louisiana Department of Health and Hospitals, ATSDR, Louisiana Chemical Association, and EPA Region
6. The purpose of the discussion was to facilitate the discussion of environmental justice issues in the
City of Mossville, Calcasieu Parish, Louisiana. As a result of discussions in the joint session, community
participants and Federal representatives agreed to work togetherto formulate a plan to further investigate
the possible dioxin exposure of residents in Mossville and neighboring communities.
>• In addition, the members of the subcommittee discussed preparing for consideration by the Executive
Council of the NEJAC the following resolutions: (1) Requestthat EPA intercede with the U.S. Department
of Defense to clean up Nomans Island, Weymouth, Massachusetts and to work with the Wampanoag
Tribe in this process and (2) EPA support the creation of a NEJAC work group to assist ATSDR and EPA
in following public participation protocols and to focus on bringing about resolution to issues of concern
to the Mossville, Louisiana community.
Atlanta, Georgia, May 23 through 26,2000
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National Environmental Justice Advisory Council
SUMMARY OF APPROVED RESOLUTIONS AND
LETTER TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR
This section summarizes resolutions and letter to the EPA Administrator that were discussed by the
subcommittees and approved by the Executive Council of the NEJAC during the meeting. Appendix A
provides the full text of each resolution that was approved by the Executive Council.
The NEJAC approved the following resolutions:
*• The NEJAC recommends that EPA address environmental justice issues related to persistent organic
pollutants (POP) and their effects on indigenous populations.
»• The NEJAC supports EPA's efforts to regulate mercury emissions from coal-fired power plants.
f The NEJAC recommends that EPA work with other agencies to study the incidence of multiple chemical
sensitivity in minority communities and low-income communities, especially those heavily impacted by
environmental pollutants.
>• The NEJAC urges EPA to commit additional resources to remedy pollution and environmental justice
issues associated with the siting and expansion of large-scale CAFOs in low-income communities and
in Indian country.
> The NEJAC requests that EPA approve the creation of a work group of the Executive Council of the
NEJAC to address environmental justice issues related to Federal facilities.
>• The NEJAC request that EPA approve the request of the Health and Research Subcommittee to extend
the term of the subcommittee's working group that has been developing the Decision Tree Framework
for Community-Directed Environmental Health Assessment to maintain continuity of the development of
the framework.
The NEJAC also approved the following letter to the EPA Administrator:
»• The NEJAC urges EPA to address potential health effects caused by the promulgation of Tier 2
regulations.
The NEJAC also approved the following work groups of the International Subcommittee to address issues
related to environmental justice:
»• Farmworker Work Group of the International Subcommittee to address environmental concerns related
to the conditions under which farmworkers work.
> Follow-up to the Roundtable on Environmental Justice on the U.S.-Mexico Border Work Group of the
International Subcommittee to continue to address recommendations developed at the roundtable
meeting held in August 1999 in National City, California.
The members of the Executive Council of the NEJAC also approved the Framework for Community-Directed
Environmental Health Assessment that was developed by the Working Group on Community Environmental
Health Assessment of the Health and Research Subcommittee.
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NEXT MEETINGS
The next meeting of the NEJAC is scheduled for December 11 through 14,2000, at the Hyatt Regency Crystal
City Hotel in Arlington, Virginia. Planned activities will include two opportunities for the public to offer
comments. Exhibit ES-3 identifies the dates and locations of future meetings as well as the issues the NEJAC
plans to address. For further information about this pending meeting visit NEJAC's home page on the Internet
at: orca\\ EPA's toll-free environmental justice hotline
at 1-800-962-6215.
Exhibit ES-3
FUTURE MEETINGS OF
THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Date
December 11-14,2000
July 16-19, 2001
December 3-6, 2001
Location
Arlington, Virginia
Baltimore, Maryland
Seattle, Washington
Issue
Interagency Environmental
Justice Implementation
Environmental Justice and
Pollution Prevention
Subsistence Consumption and
Water Quality Standards
Atlanta, Georgia, May 23 through 26, 2000
ES-11
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MEETING SUMMARY
of the
EXECUTIVE COUNCIL
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 23 through 26, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
^A^~^J
Charles Lee
Office of Environmental Justice
U.S. Environmental Protection Agency
Designated Federal Official
Haywood Turrentine
Chair
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CHAPTER ONE
SUMMARY OF THE
EXECUTIVE COUNCIL
1.0 INTRODUCTION
The fifteenth meeting of the Executive Council of the
National Environmental Justice Advisory Council
(NEJAC) took place on May 23 through 26, 2000 at
the Omni Hotel at CNN Center in Atlanta, Georgia.
Mr. Haywood Turrentine, Laborers' District Council
of Education and Training Trust Fund (an affiliate of
the Laborers International Union of North America),
continues to serve as the chair of the NEJAC. Ms.
Peggy M. Shepard, Executive Director, West Harlem
Environmental Action, Inc. and memberof the Health
and Research Subcommittee, serves as the newly
appointed vice-chair of the NEJAC. Mr. Charles
Lee, Associate Director for Policy and Interagency
Liaison, U.S. Environmental Protection Agency
(EPA) Office of Environmental Justice (OEJ),
continues to serve as the Designated Federal Official
(DFO) for the Executive Council. Exhibit 1-1
presents a list of members of the Executive Council
who were present and identifies those members who
were unable to attend the meeting. Approximately
536 people attended the meeting.
On May 23, 2000, members of the NEJAC
participated in a fact-finding tour of several
communities in Anniston, Alabama. While the fact-
finding tour proceeded from one site to the next,
members of the community of Anniston, who served
as narrators on the tour, presented for the members
of the NEJAC an overview of the public health and
environmental concerns of local residents. The
narrators shared information about the community
and sites of interest and solicited the support of the
NEJAC in seeking resolution of issues confronting
their communities. Exhibit 1-2, on page 1-2,
describes the fact-finding tour.
On May 25, 2000, 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 meeting summary describe
those deliberations. In addition, the members of the
Health and Research and Waste and Facility Siting
subcommittees of the NEJAC participated in a joint
session to discuss the investigation of exposure to
hazardous pollutants in Mossville, Calcasieu Parish,
Louisiana, conducted by the Agency for Toxic
Substances and Disease Registry (ATSDR) in
November 1999. Chapter nine of this meeting
summary describes that joint session.
Exhibit 1-1
EXECUTIVE COUNCIL
Members
Who Attended the Meeting
May 23 through 26,2000
Mr. Haywood Turrentine, Chair
Ms. Peggy M. Shepard, Vice-Chair
Mr. Charles Lee, DFO
Ms. Rose Augustine
Mr. Luke Cole
Mr. Fernando Cuevas
Mr. Amoldo Garcia
Dr. Michel Gelobter*
Mr. Tom Goldtooth
Ms. Jennifer Hill-Kelley
Ms. Patrica Hill-Wood
Ms. Annabelle Jaramillo
Ms. Vernice Miller-Travis
Mr. Harold Mitchell
Mr. Carlos Padin
Dr. Marinelle Payton
Ms. Rosa Hilda Ramos
Ms. Jane Stahl
Mr. Robert W. Varney**
Ms. Jana Walker
Mr. Damon Whitehead
Mr. Jess Womack
Mr. Tseming Yang
Members
Who Were Unable to Attend
Mr. Don J. Aragon
Ms. Meghan Magruder
Mr. Gerald Torres
*'Attended May 23 and 24, 2000 only
**'• Attended May 24, 2000 only
In addition, the Executive Council hosted two public
comment periods, a General Environmental Justice
Issues Public Comment Period on the evening of
May 23 and a Focused Public Comment Period on
the evening of May 24, 2000 that focused on
environmental justice issues related to public health.
Approximately 61 people offered comments during
those sessions. Chapter Two presents a summary
Atlanta, Georgia, May 23 through 26, 2000
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Exhibit 1-2
FACT-FINDING TOUR OF ANNISTON, ALABAMA
On May 23,2000, members of the National Environmental Justice Advisory Council (NEJAC) participated in a fact-
finding tour of several communities in Anniston, Alabama. Such fact-finding 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. In Anniston, the fact-finding tour focused on community health issues associated with contamination of soil
with polychlorinated biphenyls (PCB) caused by local industry. The following summary describes the fact-finding
tour conducted during the meeting of the NEJAC.
Monsanto/Solutia Facility. The Monsanto/Solutia Facility, located in the community of Anniston, Alabama, began
producing and selling PCBs in 1935. In 1975, the U.S. Environmental Protection Agency (EPA) discovered high
levels of PCB contamination throughout Anniston. Community members pointed out that residents of Anniston
suffer from a variety of illnesses, ranging from cancer to learning disabilities. The tour passed by "Mount
Monsanto," a landfill at which the Monsanto/Solutia facility dumped waste. Community members stated that, during
periods of heavy rain, runoff seeps from the mountain and floods their houses, which are located in a flood plain. In
addition, PCBs contaminate Snow Creek, which runs from Anniston into several other communities. The Federal
Emergency Management Agency (FEMA) recently bought several of the homes, but some residents have refused to
relocate. The situation in Anniston further demonstrates that environmental justice issues are not only limited to
minority communities; rather, the environmental justice issues in Anniston affect low-income Caucasian communities
as well.
Other Industrial Sites. The fact-finding tour also passed by a variety of other industrial sites in Anniston, including
scrap and recycling yards, foundries, an underground storage tank yard, and the Anniston Army Depot. Many of the
sites leach chemicals and pollutants and are located on Snow Creek or tributaries of Snow Creek that flow into the
city of Oxford, Alabama. Members of the NEJAC listened to Mr. David Baker, President, Community Against
Pollution (CAP), speak about Monsanto/Solutia and the health problems associated with the actions of those
corporations. Mr. Baker stated that CAP'S goal is to establish a health clinic in Anniston and to conduct health
screening and testing for residents.
of the comments offered during the two public
comment periods.
This chapter, which provides a summary of the
deliberations of the Executive Council, is organized
in eight sections, including this Introduction. Section
2.0, Remarks, presents summaries of the remarks
offered by various speakers. Section 3.0, Panel
Sessions on EnvironmentalJustice and Community-
Based Health Model, provides a summary of the
series of panel sessions presented by various
stakeholder groups. The panelists made
presentations that were designed to provide insight
into the issues and concerns raised with respect to
environmental justice and developing a community-
based health model. Section 4.0, Reports and
Presentations, provides summaries of reports and
presentations made to the Executive Council on
various topics. Section 5.0, Reports of the
Subcommittees, summarizes reports submitted to
the Executive Council about the deliberations of
each of the six subcommittees during their meetings
on May 25, 2000. Section 6.0, Follow-Up Issues
Related to Environmental Justice and the Issuance
of Permits, focuses on several issues related to
environmental justice and the issuance of permits.
Section 7.0, Closing Remarks, presents the closing
remarks of the Director and Associate Director of
EPA OEJ. Section 8.0, Summary of Approved
Resolutions and Letters to the U.S. Environmental
Protection Agency Administrator, provides a
summary of the letter forwarded to the EPA
Administrator by the Executive Council and presents
a summary of the resolutions forwarded to the
Executive Council by the subcommittees of the
NEJAC that the Executive Council subsequently
approved. Appendix A presents the full text of each
resolution that was approved by the Executive
Council. Appendix B presents a list of the members
of the NEJAC. Appendix C provides a list of the
participants in the meeting. Appendix D provides a
copy of the written statement submitted to the
NEJAC during the two public comment periods.
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 of EPA Region
4; the Director of EPA OEJ; and the Deputy
Administrator of EPA.
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2.1 Remarks of the Principal Deputy Assistant
Administrator, U.S. Environmental Protection
Agency Office of Enforcement and
Compliance Assurance
On behalf of EPA, Ms. Sylvia Lowrance, Principal
Deputy Assistant Administrator, EPA OECA,
welcomed the members of the Executive Council
and all the participants to the fifteenth meeting of the
NEJAC. She noted that the meeting marked a
"tremendously important milestone" in the progress
of the NEJAC and its work with EPA.
To address public health problems in communities,
Ms. Lowrance explained, it is essential to have better
science with regard to those health and
environmental problemsthatface communities. She
noted that there has been a void in addressing such
issues and that the missing link has been health
research. She then expressed her excitement about
the program that the NEJAC would be focusing on
during the meeting and made a commitment that
EPA would follow-up on the work accomplished by
the NEJAC during the meeting. Ms. Lowrance then
introduced Mr. John Hankinson, Regional
Administrator of EPA Region 4.
2.2 Remarks of the Regional Administrator, U.S.
Environmental Protection Agency Region 4
On behalf of the staff of EPA Region 4, Mr.
Hankinson expressed pleasure in hosting the
meeting of the NEJAC that had drawn higher
attendance than any previous meeting. In 1996, Mr.
Hankinson then reported, EPA Region 4 had been
reorganized dramatically to better serve communities
that have environmental justice concerns. Mr.
Hankinson also stressed that the reorganization had
been designed not only to serve such communities
better, but also to improve the manner which the
region conducts its daily activities related to
environmental justice. In other words, he pointed
out, to ensure that Concerns related to environmental
justice become integrated into all activities and
across all media programs. Mr. Hankinson also
acknowledged the efforts of activists - such as Ms.
Connie Tucker, Southern Organizing Committee for
Economic and Social Justice and former member of
the Waste and Facility Siting Subcommittee of the
NEJAC; Dr. Mildred McClain, Citizens for
Environmental Justice and former member of the
International Subcommittee of the NEJAC; and Dr.
Robert Bullard, Environmental Justice Resource
Center, Clark Atlanta University and former chair of
the Health and Research Subcommittee of the
NEJAC - who continue to provide leadership and
advice to the region's programs related to
environmental justice. He also attributed the
success of EPA Region 4 activities related to
environmental justice to the leadership of Mr.
Richard Green, Director, Waste Division, EPA
Region 4, who, noted Mr. Hankinson, has worked to
transform the activities of his staff to become more
responsive to community interests and to learn about
the concerns of communities in addressing waste
issues. Mr. Hankinson also recognized the
leadership of Ms. Phyllis Harris, Regional Counsel
and Director of the Environmental Accountability
Division, EPA Region 4, who leads the efforts in the
region to integrate principles of environmental justice
into all the activities of EPA Region 4.
Mr. Hankinson then stated that he was looking
forward to the discussion related to community
health and the means of incorporating
considerations of a community's health needs into
the decision-making process. He expressed
agreement with Ms. Lowrance that it is extremely
important to have the best science possible upon
which to base judgements related to the
environmental health of a community. Concluding
his remarks, Mr. Hankinson stressed the necessity
that EPA work with other agencies and other
programs that not only focus on environmental
issues, but also deal with all issues that must be
addressed if communities are to be healthy.
2.3 Remarks of the Director, U.S. Environmental
Protection Agency Office of Environmental
Justice
Mr. Barry Hill, Director, EPA OEJ, began his
presentation by welcoming all participants to the
meeting of the NEJAC on public health, noting that
it was appropriate that the meeting be held in
Atlanta, Georgia, the home of the U.S. Department
of Health and Human Services' (HHS) Centers for
Disease Control and Prevention (CDC) and ATSDR.
Exhibit 1 -3, on the next page, describes the missions
of those two agencies. Mr. Hill then placed the
meeting in perspective by reminding the participants
that the mission of EPA is to protect human health
and to safeguard the natural environment — the air,
water, and land upon which all life depends.
Therefore, he declared, the issue of protecting public
health is of great importance to the Agency. Mr. Hill
commented that, while the Agency has made great
strides in safeguarding the natural environment, EPA
has not been as successful in protecting human
health. That is why, he explained, the EPA
Administrator, through OEJ, had requested that the
NEJAC focus a meeting on the issue of public
health. The Agency, he emphasized, was seeking
the advice and recommendations of the NEJAC, a
multi-stakeholder advisory committee, on how better
to address issues related to public health.
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Exhibit 1-3
CENTER FOR DISEASE CONTROL AND PREVENTION
The mission of the Center for Disease Control and Prevention (CDC) of the U.S. Department of Health and Human
Services (HHS) is to promote health and quality of life by preventing and controlling disease, injury, and disability.
The CDC pledges to the American people:
• To be a diligent steward of the funds entrusted to it.
• To provide an environment for intellectual and personal growth and integrity.
• To base all public health decisions on the highest quality scientific data, openly and objectively derived.
• To place the benefits to society above the benefits to the institution.
• To treat all persons with dignity, honesty, and respect.
THE AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
The mission of the Agency for Toxic Substances and Disease Registry (ATSDR), also an agency of HHS, is to
prevent exposure and adverse human health effects and diminished quality of life associated with exposure to
hazardous substances from waste sites, unplanned releases, and other sources of pollution present in the environment.
ATSDR is directed by congressional mandate to perform specific functions related to the effect on public health of
hazardous substances in the environment. Those functions include public health assessments of waste sites, health
consultations related to specific hazardous substances, health surveillance and registries, response to emergency
releases of hazardous substances, applied research in support of public health assessments, development and
dissemination of information, and education and training related to hazardous substances.
Continuing, Mr. Hill explained that the underlying
question the panelists and the members of the
NEJAC should address is whether there is a direct
correlation between the environment and public
health. Many people would agree that a direct
correlation exists, he noted; however, when asked to
demonstrate the connection, communities,
scientists, and public health officials are unable to do
so because the science does not yet exist. Mr. Hill
then provided a list of questions related to
demonstrating the direct correlation between the
environment and public health that were to be posed
over the course of the meeting:
• If not now, when will sound science be
available?
• Are [government agencies] making g reat strides
in that direction?
• How far do [government agencies] have to go to
satisfy not only the scientists and public health
officials, but also the concerned public?
• What must Federal, state, and local government
agencies do to focus their attention and
considerable resources on demonstrating the
direct correlation?
• How can communities become more involved in
demonstrating the direct correlation by
developing and using community-based health
research models?
• How can industry be of assistance in using its
considerable resources to participate in the
dialogue of demonstrating the direct correlation?
Mr. Hill then pointed out that the question of whether
or not there is a direct correlation between the
environment and public health is not a new one, but
was posed and discussed by a Roman architect in
the first century B.C. Continuing, Mr. Hill explained
that the question now, moving to the year 2000, is
whether or not residents of minority and low-income
communities deserve clean air, water, and land like
all other Americans. Mr. Hill then asked whether the
health of the residents of those communities should
be the focus of concern of the Federal government
because those residents are exposed
disproportionately to environmental harms and risks.
He stated that the U.S. Secretary of Health and
Human Services and the U.S. Surgeon General had
answered yes to that question by sponsoring the
Healthy People 2010 Initiative. Exhibit 1 -4 describes
the initiative.
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Exhibit 1-4
U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES
HEALTHY PEOPLE 2010
The Office of Disease Prevention and Health
Promotion (ODPHP), U.S. Department of Health and
Human Services (HHS) serves as the coordinator for
the Healthy People 2010 Initiative. The initiative is
the prevention agenda for the United States and is a
statement of national health objectives designed to
identify the most significant preventable threats to
health and to establish national goals to reduce those
threats. Healthy People 2010 is a national health
promotion and disease prevention initiative that
brings together national, state, and local government
agencies; nonprofit, voluntary, and professional
organizations; businesses; communities; and
individuals to improve the health of all Americans
and eliminate disparities in health.
For more information about the initiative, visit the
HHS home page at
.
Mr. Hill explained that the initiative was designed to
achieve two principal goals: (1) to improve the
quality of life and increase the years of healthy life of
all Americans of all ages and (2) to eliminate health
disparities among the various segments of the
population that are identified by race or ethnicity,
education, and income. That second goal, he
pointed out, is the focus of the environmental justice
movement.
Mr. Hill then discussed several statistics, identified in
a report developed under the Healthy People 2010
Initiative, disparities in health among minority racial
and ethnic groups, compared with white Americans:
• The infant mortality rate among African-
Americans remains more than double that for
white Americans.
• The death rate for heart disease is more than 40
percent higher among African-Americans than
among whites.
• The death rate for all cancers is 30 percent
higher among African-Americans than among
white Americans.
• The incidence of prostate cancer among
African-Americans is more,than double that
among white Americans.
• The death rate for African-American women for
breast cancer is higher among African-
Americans than among white women, despite a
mammography screening rate that is higherthan
that for white women.
• Hispanics [constituting only 11 percent of the
total population] accounted for 20 percent of all
new cases of tuberculosis.
• Hispanics have higher rates of high blood
pressure and obesity than non-Hispanic whites.
• The infant death rates among American Indians
and Alaska Natives almost double that for white
Americans.
• The incidence of diabetes among American
Indians and Alaska Natives is more than twice
that among white Americans.
Mr. Hill then explained that, according to the report,
environmental quality was one of the leading health
indicators that explain the disparities. Regarding
environmental quality, the report stated that an
estimated 25 percent of preventable illnesses
worldwide can be attributed to poor environmental
quality, he said. In the United States alone, air
pollution is estimated to be associated with 50,000
premature deaths and an estimated $40 to $50
billion in health-related costs annually, he noted. Mr.
Hill noted further that, despite the mountain of
statistics that particular report included, neither the
U.S. Secretary of Health and Human Services nor
the U.S. Surgeon General had concluded that there
was a direct correlation between the environment
and public health because sound science is not
available. He also said that the report had stated
clearly that, in the United States, ensuring clean
water, safe food, and effective waste management
had contributed greatly to a decline in the threat of
many infections.
Concluding his remarks, Mr. Hill noted that
answering conclusively that underlying question was
beyond the breadth and the scope of the NEJAC
meeting; however, he said that he, on behalf of the
Agency, was looking forward to receiving the
NEJAC's advice and recommendations so that all
stakeholders could move closer to proving the direct
correlation.
2.4 Remarks of the Deputy Administrator, U.S.
Environmental Protection Agency
Mr. Michael McCabe, Deputy Administrator of EPA,
expressed his appreciation to Mr. Turrentine for his
leadership of the NEJAC and to the members of the
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Exhibit 1-5
DELEGATION FROM SOUTH
AFRICA
In May 2000, the U.S. Environmental
Protection Agency (EPA) hosted
delegates representing the South African
environmental justice community to an
intensive program conducted in the
southeastern United States. The picture
to the right shows the members of the
delegation. The delegates spent
approximately 10 days visiting
communities that face environmental
justice challenges similar to those
encountered by communities in South
Africa. Representatives of
environmental justice communities,
including members of the South Africa Work Group of the International Subcommittee of the National
Environmental Justice Advisory Council (NEJAC), spent countless hours working with EPA to prepare for the visit.
A one-day "lessons learned" session covered the experiences of communities in the United States, discussions of
goals that remain to be achieved, and a review of the history of the NEJAC. In addition, the delegates participated in
the meeting of the International Subcommittee held on May 25,2000, during the four-day meeting of the NEJAC in
Atlanta, Georgia. Chapter seven of the summary of that meeting provides a summary of the dialogue between the
members of the International Subcommittee and the delegates from South Africa.
Executive Council for the time and effort they spend
on important issues related to environmental justice.
He then recognized and welcomed the delegation of
environmental justice leaders from South Africa
present at the meeting. Exhibit 1-5 provides further
information about the South African delegation. Mr.
McCabe then noted that the NEJAC had been
providing crucial and important advice to the EPA
Administrator for the past seven years and has had
a direct effect on many of the Agency's initiatives,
such as the Brownfields Economic Redevelopment
Initiative. Mr. McCabe stated that he now would
request that the NEJAC provide help and guidance
related to the role of risk assessment and the
cumulative effects of environmental contamination
on communities.
Announcing that EPA's Office of Civil Rights (OCR)
soon was to release two new draft guidance
documents to clarify for government agencies and
the public the compliance requirements set forth
under Title VI of the Civil Rights Act of 1964 (Title
VI), Mr. McCabe commented that the development
of the documents had been a difficult task.
However, he added, EPA had broken new ground
through the extensive involvement of all
stakeholders in the development of the documents.
Section 4.2 of this chapter provides a detailed
discussion of the draft documents. Mr. McCabe then
expressed EPA's belief that the new documents will
help to address a number of the environmental
justice issues that affect communities. He also
expressed his hope that the NEJAC would review
and provide comments on the draft documents when
they are released.
Updating the members of the Executive Council on
the activities of the Interagency Working Group on
Environmental Justice (IWG), Mr. McCabe
announced the development of the Integrated
Federal Interagency Environmental Justice Action
Agenda (Action Agenda). Exhibit 1-6 describes the
IWG and provides background information about the
Action Agenda.
Mr. McCabe explained that the goal of the Action
Agenda is to bring together the resources of 11 of
the 17 Federal agencies called upon in Executive
Order 12898 on Environmental Justice to help
environmentally and economically distressed
communities. Together, Mr. McCabe stated, the
Federal agencies had identified 15 environmental
justice demonstration projects; it is anticipated that
Federal resources will be used in a targeted manner
to improve the quality of life for members of 15
minority or low-income communities that suffer
disproportionately the effects of environmental
contamination. Exhibit 1 -7, on page 1 -8, provides a
list of the projects.
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Exhibit 1-6
INTERAGENCY WORKING GROUP ON ENVIRONMENTAL JUSTICE'S
INTEGRATED FEDERAL INTERAGENCY
ENVIRONMENTAL JUSTICE ACTION AGENDA
On February 11,1996, President Clinton signed Executive Order 12898 on Environmental Justice, which calls upon
17 Federal agencies and offices of the White House to ensure that principles related to environmental justice are an
integral part of the Agency's mission, to the extent practible and permitted by existing law. The Executive order
mandates objectives for the Federal agencies to achieve in the following areas:
• Identify disproportionately high and adverse human health and environmental effects on minority and low-
income populations.
• Coordinate research and data collection.
• Conduct public meetings.
• Develop interagency model projects.
The Executive order also establishes an Interagency Working Group on Environmental Justice (IWG), composed of
representatives of those agencies and offices, to accomplish the objectives.
In June 1999, the IWG began to develop the concept of an environmental justice action agenda as a way of
incorporating principles of environmental justice in all policies, programs, and activities of Federal agencies. Two
environmental justice listening sessions (the first held on July 11,1998, in Los Angeles, California and the second
held on March 6, 1999, in New York, New York) sponsored by the White House Council on Environmental Quality
(CEQ) and the U.S. Environmental Protection Agency (EPA) Office of Environmental Justice (OEJ) and a national
conference, Environmental Justice: Strengthening the Bridge Between Economic Development and Sustainable
Communities, held June 10 through 12, 1999, in Hilton Head, South Carolina, provided new energy to Federal
interagency efforts to secure a healthy and sustainable environment for all Americans regardless of race, color,
ethnicity, or economic status. The events provided new opportunities for senior Federal officials to respond directly
to affected communities and for meaningful dialogue among all stakeholders.
The Integrated Federal Interagency Environmental Justice Action Agenda (Action Agenda) seeks to build dynamic
and proactive partnerships among Federal agencies to benefit environmental and economically distressed
communities. Increased coordination and cooperation among Federal agencies will enhance identification,
mobilization, and utilization of Federal resources. Increased coordination and cooperation also will enhance the
capability of distressed communities to .improve environmental decision-making and more efficiently access and
leverage initiatives sponsored by the Federal government. The Action Agenda will improve the quality of life for
minority or low-income populations that suffer disproportionate environmental effects. Those populations also may
include indigenous and tribal communities.
The Action Agenda will include examples of interagency environmental justice projects and agency-specific
initiatives to be initiated or implemented by various Federal agencies in 2000. The Action Agenda seeks to build the
constructive problem-solving capacity of communities in partnership with state, tribal, and local governments. The
Action Agenda is not intended to replace or supersede existing Federal, state, tribal, or local government decision-
making processes.
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Exhibit 1-7
INTEGRATED FEDERAL INTERAGENCY ENVIRONMENTAL JUSTICE ACTION AGENDA
ENVIRONMENTAL JUSTICE DEMONSTRATION PROJECTS
Under the Interagency Working Group on Environmental Justice's (IWG) Integrated Federal Interagency
Environmental Justice Action Agenda, 11 Federal agencies have initiated environmental demonstration projects to
help 15 environmentally and economically distressed communities. Communities selected are composed of
predominantly minority or low-income populations that face negative environmental, public health, or socioeconomic
effects because of environmental contamination. The 15 projects and the lead Federal agency for each are:
• Greater Boston Urban Resources Partnership: Connecting Community and Environment (Boston,
Massachusetts) - U.S. Environmental Protection Agency (EPA).
• Camden: City of Children Partnering for a Better Future (Camden, New Jersey) - U.S. Department of Housing
and Urban Development (HUD).
• New York City Alternative Fuel Vehicle Summit (New York, New York) - U.S. Department of Energy (DOE).
• Addressing Asthma in Puerto Rico: A Multi-Faceted Partnership for Results (Puerto, Rico) - U.S. Department
of Health and Human Services (HHS) Health Resources and Services Administration.
• Bridges to Friendship Nurturing Environmental Justice in Southeast and Southwest Washington, D.C.
(Washington, D.C.) - U.S. Department of the Navy, U.S. Department of Defense (DoD).
* Community Cleanup and Revitalization in Arkwright/Forest Park (Spartanburg, South Carolina) - EPA.
• Protecting Children's Health and Reducing Lead Exposure Through Collaborative Partnerships (East St. Louis,
Illinois) - EPA and HUD.
* Bethel New Life Power Park Assessment (Chicago, Illinois) - DOE.
• New Madrid County Tri-Community Child Health Champion Campaign (New Madrid County, Missouri) - EPA
and U.S. Department of Agriculture Natural Resources Conservation Service.
• Easing Troubled Waters: Ensuring Safe Drinking Water Sources in Migrant Farmworker Communities in
Colorado (Colorado) - EPA.
* Environmental Justice and Public Participation Through Technology: Defeating the Digital Divide and Building
Community Capacity (Savannah, Georgia and Fort Belknap Indian Reservation, Montana) - DOE.
• Protecting Community Health and Reducing Toxic Air Exposure Through Collaborative Partnerships in Barrio
Logan (San Diego, California) - EPA.
• Oregon Environmental Justice Initiative (Portland and rural communities, Oregon) - U.S. Department of Justice.
• Metlkatla Indian Community Unified Interagency Environmental Management Task Force (Ketchikan, Alaska) -
DoD.
• Environmental Justice in Indian Country: A Roundtable to Address Conceptual, Political and Statutory Issues
(Albuquerque, New Mexico) - DOE.
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Drawing on the IWG's experiences with the 15
projects, the Federal agencies will endeavor to add
more projects and broaden participation to additional
agencies, Mr. McCabe continued. Emphasizing that
the Action Agenda is a work in progress, he
explained that the IWG would examine how the
agencies work together and how they work with
communities. Concluding his discussion of the
Action Agenda, Mr. McCabe stated that the initiative
is an opportunity for EPA to work with the Agency's
Federal partners to bring new resources to
communities that have environmental justice
concerns.
Continuing his remarks, Mr. McCabe explained that,
under the leadership of the EPA Administrator, Ms.
Carol Browner, the Agency had been and would
continue to be guided by the vision of a new
partnership - economic prosperity and protection.
Mr. McCabe expressed the Agency's belief that
economic expansion and environmental protection
are goals that must be achieved together.
Experience, he noted, has demonstrated that an
investment in the environment is an investment in
job creation and in raising healthy children. Over the
past seven years, he emphasized, EPA has been
guided by the belief that principles of environmental
justice must be rooted in the understanding that all
people share the planet, all share the future;
therefore, all must share the responsibility of
environmental protection.
One important step in that pursuit, Mr. McCabe
pointed out, has been EPA's right-to-know initiatives
that provide people with the information they need to
participate more meaningfully in decision-making
processes that affect their communities.
Therefore, Mr. McCabe stated, EPA has worked
hard to ensure that local communities have the
information they require to safeguard public health
and preserve the environment. He cited as an
example the Toxic Release Inventory (TRI) data
base, which provides citizens with information about
toxic chemicals used, manufactured, treated, or
transported in or near their communities. He
concluded his remarks by noting that EPA has aimed
to facilitate the active and informed participation of
all stakeholders in the public policy process and has
encouraged all citizens to seize the right to guide
EPA's policy and accept the responsibility for doing
so.
Mr. Damon Whitehead, Earth Conservation Corps
and member of the Air and Water Subcommittee of
the NEJAC, expressed disagreement with Mr.
McCabe's statement that EPA "has brought new life
to Title VI." Mr. Whitehead expressed his and the
NEJAC's continued concern about the backlog of
administrative complaints filed under Title VI. Mr.
Whitehead stressed that EPA must not wait to
decide the pending cases until the two new draft
guidance documents become final. In response, Mr.
McCabe noted that the new draft guidance
documents would provide the framework for the
Agency to make decisions about the pending cases.
Mr. McCabe also expressed his belief that, no matter
what the outcome of the presidential elections in
November 2000, EPA had built a solid foundation
and legal basis for action under Title VI.
Mr. Luke Cole, California Rural Legal Assistance
Foundation and chair of the Enforcement
Subcommittee of the NEJAC, commented he also
had been startled when Mr. McCabe remarked that
EPA had made a considerable amount of progress
related to the implementation of Title VI. Mr. Cole
then reviewed several commitments EPA had made
to the NEJAC since 1996 about guidance related to
Title VI, none of which, he pointed, had the Agency
met. Mr. McCabe noted that he understood the
frustration that Mr. Cole and other members of the
NEJAC have felt; however, he said, EPA believes
that the new draft guidance documents will stand up
to assaults by industry and state governments.
Ms. Rose Marie Augustine, Tucsonans for a Clean
Environment and vice chair of the Health and
Research Subcommittee of the NEJAC, expressed
her frustration at the inability of the NEJAC and EPA
to assist those who have provided testimony at
public comment periods of the NEJAC about
environmental justice concerns related to Federal
facilities, as well as actions by other Federal
agencies. Mr. Turrentine then provided Mr. McCabe
with brief background information related to Ms.
Augustine's concern. Noting that there continue to
be a number of people coming before the NEJAC
who report environmental health problems caused by
Federal facilities, Mr. Turrentine stated that the
NEJAC had been frustrated because the council
cannot address those issues adequately because
the Federal agencies do not conduct an active
dialogue with the NEJAC. Mr. McCabe stated that
he understands the frustration felt by the members
of the NEJAC related to lack of participation by other
Federal agencies. Mr. McCabe then stated his hope
that the Action Agenda would prove to be an
opportunity to begin such a dialogue.
Mr. Tom Goldtooth, Indigenous Environmental
Network and chair of the Indigenous Peoples
Subcommittee of the NEJAC, noted that many
Native American communities are concerned about
elevated levels of dioxin, not only in their bodies, but
also in the food they consume. Mr. Goldtooth stated
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that, forthe past six years, his organization had been
requesting that EPA release a report that reassesses
dioxin; he then stated his belief that there is new
information that demonstrates that dioxin causes
cancer. He asked Mr. McCabe when EPA would
release the document to the public. Mr. McCabe
responded that the dioxin reassessment report
currently was under interagency review and said that
he anticipated that the draft document would be
available for release in mid-June 2000. Mr. McCabe
also explained that some of the delay in releasing
the report had occurred because it had been
reviewed by various sectors of the scientific
community, both within and outside EPA.
Continuing, Mr. McCabe also explained that the first
version of the report had been based solely on
animal studies; since then, he pointed out, many
human and epidemiological studies had been
conducted, and those studies provided better
information. Mr. McCabe also noted that the new
report was to state that the risk rate for dioxin, in
terms of causing cancer, is 10 times higher than
previously estimated. Mr. McCabe emphasized one
important finding of the new study that revealed that
steps taken by EPA over the past seven years had
helped to reduce the amount of dioxins released into
the environment by more than 90 percent. He stated
further that a significant amount of dioxin remains in
the environment that must be addressed and
stressed the need to inform the public about the
results of the study and possible ways to reduce
human exposure to dioxin.
Ms. Rosa Hilda Ramos, Community of Catano
Against Pollution and member of the Air and Water
Subcommittee of the NEJAC, expressed her
appreciation for development of the Action Agenda
and requested that representatives of a community
group and an indigenous community group be
included in the membership of the IWG to provide a
"realistic" perspective on the effects of pollution on
communities. In response, Mr. McCabe, assured
Ms. Ramos that representatives of communities
would be involved during the development of the
Action Agenda.
Mr. Fernando Cuevas, Farm Labor Organizing
Committee and member of the International
Subcommittee of the NEJAC, expressed concern
that the Action Agenda does not address the
concerns of agricultural workers and that none of the
15 demonstration projects outlined in the agenda
focuses on such workers. In response, Mr. McCabe
noted that the 15 demonstration projects were being
conducted through interagency coordination and
explained thatthere had been no intention to exclude
agricultural workers. Mr. McCabe agreed to include
that population in future demonstrations projects.
3.0 PANELS ON ENVIRONMENTAL
JUSTICE AND DISCUSSION OF
THE COMMUNITY-BASED
ENVIRONMENTAL HEALTH MODEL
In its continuing effort to provide independent advice
to the EPA Administrator in areas related to
environmental justice, the NEJAC focused its
fifteenth meeting on a specific policy issue -
environmental justice and its relationship to
community-based environmental health research.
On Wednesday, May 24, 2000, the members of the
NEJAC received a series of presentations from
panels of various stakeholder groups. The
presentations were designed to provide insight into
the issues raised and concerns expressed about the
relationship of environmental justice and public
health. Exhibit 1 -8 identifies the panel members who
participated in the discussions. Mr. Lee began the
panel presentations by introducing members of
EPA's Science Advisory Board (SAB) and Children's
Health Protection Advisory Committee (CHPAC),
who had been invited to participate in the meeting of
the NEJAC. Exhibit 1-9, on page 1-12, describes
the SAB and the CHPAC. Members representing
the SAB were Mr. Henry Anderson, Wisconsin
Division of Public Health and Mr. Hilary Inyang,
Center for Environmental Engineering Science and
Technology, University of Massachusetts, Lowell.
Members representing CHPAC were Dr. Willa
Fisher, Bremerton-Kitsap County, State Health
District and Rabbi Dan Swartz, Children's
Environmental Health Network. Mr. Lee explained
that the inclusion of representatives of other EPA
advisory committees in the NEJAC's activities is a
continuing effort of the Agency to coordinate the
advice and activities of committees that address
similar issues. He added that the NEJAC's
discussion on issues of public health in an
environmental justice context is related closely to
similar work of the SAB and CHPAC.
Mr. Lee further remarked that the meeting of the
NEJAC had been organized according to the views
and advice of members of the NEJAC; EPA offices,
such as the Office of Research and Development
(ORD) and the Office of Pesticides, Pollution
Prevention and Toxics (OPPT); and Federal
agencies such as ATSDR, the National Institute for
Environmental Health Sciences (NIEHS), and the
National Center for Environmental Health (NCEH).
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Exhibit 1-8
PANEL PRESENTATIONS ON ENVIRONMENTAL JUSTICE
AND DISCUSSION OF THE COMMUNITY-BASED HEALTH MODEL
The fifteenth meeting of the National Environmental Justice Advisory Council (NETAC) focused on Federal efforts
to secure disease prevention and health improvement in communities in which there are health disparities that may be
the result of, or be exacerbated by, disproportionate effects of environmental pollutants and certain socioeconomic
and cultural factors: During the meeting, the members of the NEJAC received comments and information related to
environmental justice and public health from the individuals identified below.
Panel 1 — Overview: To what extent might an integrated community-based public health model that includes
assessment, intervention, and prevention contribute to disease prevention and health improvement in
environmental justice communities? _____________________________________________________________
Robert Bullard, Ph.D.
Patrick Kinney, Ph.D.
Richard Moore
Environmental Justice Resource Center, Clark Atlanta University, Atlanta, Georgia
Columbia University School of Public Health, New York, New York
Southwest Network for Environmental and Economic Justice, Albuquerque, New
Mexico
Panel 2 — Lessons from the Field: What strategies and areas of research should be pursued to achieve more
effective, integrated community-based health assessment, intervention, and prevention efforts? _________
Ray Campion
David Carpenter, M.D.
Katsi Cook
Carlos Porras
Mickey Leland National Urban Air Toxics Research Center, Houston, Texas
University of Albany School of Public Health, Rensselaer, New York
Akwesasne Mohawk Nation, Berkshire, New York
Communities for a Better Environment, Huntington Park, California
Panel 3 — Socioeconomic Vulnerability: How can consideration of socioeconomic status and cultural factors
(a) contribute to a better understanding of health disparities and cumulative and disproportionate environmental
effects and (b) be incorporated into community health assessments? _______________________________
Michael Callahan
Walter Handy, Ph.D
Samara Swanston, J.D.
U.S. Environmental Protection Agency (EPA), Cumulative Risk Technical Review
Panel, Washington, D.C.
Cincinnati Health Department, Cincinnati, Ohio
Greenpoint-Williamsburg Watch Project, Brooklyn, New York
Panel 4 — Key Federal Initiatives: What strategies should be developed, implemented, and evaluated so as to
insure substantial participation, integration, and collaboration by Federal agencies, in partnership with impacted
communities; public health, medical, and environmental professionals; academic institutions; philanthropic
organizations; state, tribal, and local governments; and the private sector? ____________________________
Henry Falk, M.D.
Jon Kerner, Ph.D.
Michael Rathsam
Michael Sage
Charles Wells
Agency for Toxic Substances and Disease Registry, Atlanta, Georgia
National Cancer Institute, Rockville, Maryland
Indian Health Services, U.S. Department of Human and Health Services, Manlius,
New York
National Center for Environmental Health, Atlanta, Georgia
National Institute of Environmental Health Sciences, Atlanta, Georgia
Atlanta, Georgia, May 23 through 26,2000
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Exhibit 1-9
SCIENCE ADVISORY BOARD
In 1978, the U.S. Congress established the Science
Advisory Board (SAB) under the Environmental
Research, Development, and Demonstration
Authorization Act to provide independent scientific
and engineering advice to the Administrator of the
U.S. Environmental Protection Agency related to the
technical nature of its regulations. The SAB
functions as a technical peer review panel. The SAB
also conducts its business in public view and benefits
from receiving public comments during its
deliberations. For more information about the SAB,
please visit:
CHILDREN'S HEALTH PROTECTION
ADVISORY COMMITTEE
The EPA Administrator announced EPA's National
Agenda to Protect Children's Health in September
1996, and, in May 1997, EPA established the Office
of Children's Health Protection (OCHP). EPA also
established the Children's Health Protection Advisory
Committee, a Federal advisory committee, to provide
advice to the EPA Administrator about matters related
to children's health.
For more information about the committee, please
visit:
.
Mr. Lee then repeated that the meeting would focus
on Federal efforts to secure disease prevention and
health improvement in communities in which there
are health disparities that may be the result of, or be
exacerbated by, disproportionate effects of
environmental pollutants and certain socioeconomic
and cultural factors, in particular:
• What strategies and areas of research should
be pursued to achieve more effective, integrated
community-based environmental health
assessment, intervention, and prevention
efforts?
• How should those strategies be developed,
implemented, and evaluated so as to insure
substantial participation, integration, and
collaboration among Federal agencies, in
partnership with: impacted communities; public
health, medical, and environmental
professionals; academic institutions; state, tribal,
and local governments; and the private sector?
• How can consideration of socioeconomic status
and cultural factors: (1) contribute to a better
understanding of health disparities and
cumulative and disproportionate environmental
effects and (2) be incorporated into community
health assessments?
The following sections provide summaries of each of
the various panel presentations on environmental
justice and public health.
3.1 Panel 1 - Overview: To What Extent Might an
Integrated Community-Based Public Health
Model That Includes Assessment,
Intervention, and Prevention Contribute to
Disease Prevention and Health Improvement
in Environmental Justice Communities?
Mr. Lee initiated the first panel discussion, an
overview of environmental justice and public health,
by explaining that the panelists were to offer different
perspectives about the question, to what extent
might an integrated community-based public health
model contribute to the prevention of disease and
the improvement of health in environmental justice
communities. Exhibit 1-10 presents the problem
statement that Panel 1 addressed.
Exhibit 1-10
PANEL 1 - PROBLEM STATEMENT
This panel provided a historical overview of health
issues in environmental justice communities and how
a holistic, integrated view of disease prevention and
health improvement had evolved. The three
overview presentations focused on the social science
perspective to address what might constitute the
elements of a unified community-based public health
model that includes assessment, intervention, and
prevention; the environmental science perspective,
examining the way that the model has enhanced the
work of a university-based environmental science
program; and the community perspective to ensure
understanding of solution-oriented approaches to
environmental health challenges confronting
communities.
Dr. Bullard began his presentation by declaring that
the principle of environmental justice embraces the
concept that all communities are entitled to equal
protection of environmental health, housing,
transportation, as well as protection under civil rights
laws. Dr. Bullard noted that all communities are not
created equal and that, if a community happens to
be poor, working class, or a community of color, it
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receives less environmental protection and less
access to health care and medical services. He
stated that the environmental justice movement
always had included community health as a central
theme of its struggle. He stated that the dominant
paradigm of environmental protection
institutionalizes unequal protection under laws -
because it trades human health for profits. Dr.
Bullard stated that the burden of proof is placed on
the victims of environmental contamination.
Continuing, he explained that that paradigm also
creates an industry that focuses on risk analysis and
risk assessment, rather than pollution and disease
prevention.
Dr. Bullard also explained that it is not always a
matter of having the facts and science to solve
problems. For example, he stated, government
agencies have 30 years of documentation of lead
poisoning, yet lead still is found in housing today and
is poisoning children. Dr. Bullard declared that it is
a matter of government agencies having the
resolution and commitment necessary to end that
problem.
Continuing, Dr. Bullard pointed out that locally
unwanted land uses (LULU) are not distributed
randomly among communities; therefore, the effects
of those LULUs are not distributed randomly, as well.
Therefore, he explained, government agencies must
develop targeted enforcement and intervention
strategies to begin to eliminate the health disparities
that affect people of color and low-income
communities.
Turning his attention to the response by government
agencies to these problems, Dr. Bullard
acknowledged that EPA has responded to many
communities. However, he also pointed out that
EPA "cannot do it all." Dr. Bullard called for
extensive interagency cooperation and collaboration,
not only on the part of Federal agencies, but also on
the part of state agencies and local and county
health departments.
Concluding his remarks, Dr. Bullard stated that,
when a community strategy is developed for pollution
and disease prevention, the community must be at
the forefront. He also noted that there remain many
data gaps and that it is not sufficient for government
agencies to say, "Well, we just don't know that."
Government agencies, he stated, must pursue a
strategy for intervening and preventing
environmental health hazards and environmental
degradation. Because environmental justice and
public health are intertwined, he said, it is important
that the NEJAC focus on community health and the
role of communities in solving and resolving such
problems.
Dr. Patrick Kinney, Division of Environmental Health
Sciences, Columbia University School of Public
Health, explained that he would provide an overview
of Columbia University's growing involvement in
community-based participatory research. He stated
that, when universities develop research proposals,
the community should be brought into the process
immediately. Dr. Kinney stated that some of the best
ideas — from both a scientific and a community
perspective — for conducting research arise from the
community because members of the community are
in a better position than outside researchers to
understand what the issues are. Dr. Kinney then
acknowledged the efforts of the NIEHS in initiating
two programs. The first, the Environmental Justice
Research Community Outreach and Education
Program, he explained provided an infrastructure for
the conduct of community-based research. The
second, he continued, was the solicitation of
proposals for environmental health centers that
focus specifically on community-based problems.
Dr. Kinney then discussed the process of conducting
community-based research. He explained that the
process is fairly simple and should provide clear
benefits to both the community and the researcher.
An advantage for the community is that the project
should provide science and data that can be used to
advocate policy and help provide funding to train
young people and educate the wider community. Dr.
Kinney also identified some useful mechanisms for
promoting community-based research, including:
• Obtain small scale funding to form partnerships
to generate initial data.
• Ensure the availability of ongoing and
dependable long-term funding because it takes
time to develop partnerships between
researchers and the community.
• Consider soliciting support from various
agencies to fund centers that specifically focus
on community-based participatory research.
• Provide funding to train undergraduate and
graduate students to focus on community-based
environmental health problems.
Mr. Richard Moore, Southwest Network for
Environmental and Economic Justice and former
chair of the Executive Council of the NEJAC, offered
a grassroots community perspective on community-
based health research and environmental justice.
He began by explaining that all stakeholders must
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understand that, when the relationship between
environmental justice and health is discussed, the
concepts of health and environmental justice cannot
be separated because they are inclusive of one
another. Therefore, Mr. Moore explained further,
when addressing the effects of industry on
communities from a health standpoint, one would
see cancer clusters and children being born with
severe deformities. Mr. Moore also declared that it
is an insult to people of color and low-income
communities when scientists and researchers cite
the causes of such illnesses as a person's diet or
level of education.
The reality of the situation, Mr. Moore declared, is
that low-income communities and people of color are
being poisoned and that the integrity of communities
is being challenged by the scientific community,
which blames their poor health on the food they eat.
Mr. Moore then explained that communities have
been conducting their own research as it related to
the health issues for many years. Members of
communities have gone door to door in their
neighborhoods identifying the symptoms and
illnesses of each resident in an affected area, only to
have the research rejected by government agencies
as illegitimate. Mr. Moore stated that he wished to
make it very clear to government agencies that
communities are "tired" of having their research
rejected. Mr. • Moore explained that such
communities do not want to be treated differently,
they just want to be treated fairly.
Ms. Vernice Miller-Travis, Partnership for
Sustainable Brownfields Redevelopment and chair of
the Waste and Facility Siting Subcommittee of the
NEJAC, thanked the panelists for providing the
introduction to the development of community-based
environmental health models. She added to Dr.
Kinney's presentation about the partnership
established between Columbia University and West
Harlem Environmental Action, Inc. for community-
based research by noting that the partnership had
been extraordinary; however, she pointed out,
success was not achieved overnight. Ms. Miller-
Travis explained thatthe community of West Harlem
struggled for more then 10 years before obtaining
support for its efforts. Ms. Miller-Travis stressed that
it should not take another 10 years before
government agencies and other institutions
recognize that people in communities are dying.
Agreeing, Dr. Bullard explained that it was through
great effort on the part of many grassroots
organizations and environmental justice
academicians working with NIEHS that the
community partnership and environmental justice
grant programs were developed and the agency
convinced that community-based research was
legitimate. Also agreeing with Dr. Bullard and Ms.
Miller-Travis, Dr. Kinney stated that it had taken a
long time to attract the attention of scientists and
that, more broadly, it continues to take a long time to
convince the larger scientific community of the value
and significance of community-based health
research. Dr. Bullard then strongly recommended
that EPA reestablish funding for the Community-
University Grant (CUP) program to continue
community-based projects.
Ms. Augustine expressed outrage at the cost in low
productivity and illnesses that is attributable to
environmental pollution. She also expressed
concern about poor communities that do not have
the resources to provide adequate health care.
Many people do not have the money to buy
medicines, she pointed out. Ms. Augustine stated
that the NEJAC should begin to consider what kind
of health care agencies can provide to people.
Mr. Lee agreed with the members of the panel that
community-based health research is an effective
method of obtaining the type of data needed to
address environmental justice issues. He also said
that the data would be instrumental in building a
better understanding of the relationship between
environmental pollution and disease in communities
that are affected by environmental justice concerns.
3.2 Panel 2 - Lessons from the Field: What
Strategies and Areas of Research Should Be
Pursued to Achieve More Effective,
Integrated Community-Based Health
Assessment, Intervention, and Prevention
Efforts?
Mr. Lee introduced the second panel, explaining that,
since 1994, a wealth of experience related to
community-based health research in the area of the
environment has been accumulated. The panelists
would present their experiences and
recommendations for strategies for advancing the
development of an integrated community-based
health assessment intervention and prevention
model, he continued. Exhibit 1-11 presents the
problem statement that the members of the panel
addressed.
Mr. Carlos Porras, Communities for a Better
Environment and member of the Health and
Research Subcommittee of the NEJAC, focused his
presentation on three particular areas: conducting
community-based and driven research; identifying
and filling data gaps; and developing prevention and
intervention strategies from an organized community
perspective. He provided the results of the research
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Exhibit 1-11
PANEL 2 - PROBLEM STATEMENT
The Institute of Medicine report, Toward
Environmental Justice: Health Research, Education
and Policy Needs, concluded that "Environmental
health sciences research can contribute to
environmental justice most effectively by identifying
hazards to human health, evaluating adverse health
effects, and developing interventions to reduce or
prevent risks for all members of society.
Environmental justice research bears a social
relationship to the communities being studied,
requiring unusual degrees of collaboration if it is to
be scientifically valid as well as policy relevant and if
the findings are to be effectively implemented."
Since 1994, a wealth of experience and knowledge
with regard to community-based health research in
the area of environmental justice has been
systematically accumulated. Some focus on
communication, partnerships, and capacity-building;
others focus on community assessments; still others
focus on intervention and prevention strategies. This
panel of community-based practitioners will present
recommendations based on their experience for
strategies and targeted research that would most
effectively advance at this time an integrated
community-based health assessment, intervention,
and prevention model.
he conducted in Los Angeles, California through the
award of a NIEHS grant to form a partnership with a
local university. Mr.. Porras, using maps of Los
Angeles County, California, showed the members of
the NEJAC the locations of facilities that report
information to the TRI data base, a national data
base. Explaining that the TRI data base is only one
tool that he uses to show adverse effects, he stated
that such a national emissions inventory data base
does not provide the complete picture of emission
releases in a community. The next step, Mr. Porras
explained, was to use data bases that contained
regional and local information about emission
releases for the area of concern. By closing data
gaps, Mr. Porras explained further, a community can
begin to build an argument for cumulative
exposures. Data gaps, however, still existed for the
area of concern, he explained. Mr. Porras stated
that, to fill the remaining data gaps, members of the
community conducted a physical inventory for which
community members "walked the streets" to
document and list everything in a quarter-mile radius
of the area of concern. Community members
discovered, Mr. Porras continued, that 70 percent of
the industries and facilities located in the area were
not reporting any information to a regulatory agency.
On the basis of its research, the community was able
to convince the South Coast Air Quality Management
District to reevaluate its policies related to threshold
levels for toxics.
Concluding his comments, Mr. Porras commended
EPA and the other agencies participating in the
meeting of the NEJAC. However, he reminded the
Federal agencies and the NEJAC, environmental
justice communities are not yet treated equally. He
stated that government programs being
implemented are market-based, expressing his
concern that the "market" has never been sensitive
to poverty.
Ms. Katsi Cook, Akwesasne Mohawk Nation,
stressed the importance of continuing to hold
meetings, such as that of the NEJAC, to discuss
issues and find solutions to health problems. She
explained that Akwesasne is one of the many
communities of the Mohawk Nation that straddle the
U.S.-Canadian border at the 45th parallel. She
explained further that tribal communities use their
relationship to the natural world as a source of their
health and well-being. Ms. Cook stated that
indigenous peoples see how, in this industrial
society, those relationships are being severed by
toxic contamination of the natural world and of
human beings. She also stated that the
contamination of the natural world reflects yet one
more compromise of the rights of indigenous
peoples.
Continuing, Ms. Cook informed the NEJAC that, in
1983, EPA designated her community a Superfund
site because of contamination with polychlorinated
biphenyls (PCB) that had been dumped. She
explained that her community began to make
connections with academia and state institutions to
form partnerships to address the adverse health
effects the contamination was causing.
Ms. Cook then discussed one of the principal
strategies that was used in Akwesasne, a
multidisciplinary approach to the conduct of the
research. She explained that wildlife pathologists,
epidemiologists, and biochemists had investigated
the contamination of the food chain with toxics.
Expressing agreement with Mr. Porras, Ms. Cook
stressed that agencies must work together, making
use of each agency's expertise, to focus on
addressing and preventing- environmental
contamination in environmental justice communities.
She also explained that, under an environmental
justice grant from NIEHS, the Akwesasne
community had been able to establish a partnership
with the University of Albany to investigate • the
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relationship of human health and toxic contamination
and the effect of such contamination on the way of
life of an indigenous people.
In addition, Ms. Cook emphasized that government
agencies must better understand principles related
to environmental justice and how those principles
can maintain the sustainability of communities.
Further, Ms. Cook strongly encouraged EPA to
refund the CUP grant program to further community-
based research. She concluded her marks by
encouraging EPA and other agencies to look beyond
"what is hot in science" and provide funding for
efforts that are significant and meaningful to
communities.
Dr. David Carpenter, University of Albany, School of
Public Health, informed the NEJAC that the
University of Albany and the New York State
Department of Health have been working together
since the mid-1980s, he pointed out, before the
terms "environmental justice" and "community-based
research" became popular. He explained that the
Akwesasne community is located on a relatively
small reservation on the St. Lawrence River in New
York. Continuing, he explained that, in addition to a
former General Motors foundry site adjacent to the
reservation, two aluminum foundries are located
upriver from the reservation. Continuing, Dr.
Carpenter explained that all three facilities had used
PCBs in hydraulic fluids and that the fluids had
caused contamination of the traditional fishing
grounds of the Mohawk Nation.
He explained that it is important to communities to
have information so that they can make decisions for
themselves, for example, information that explains
which species of fish may not exhibit high levels of
PCBs. Dr. Carpenter noted that, when state
agencies made recommendations, the elders and
chief of the tribe advised the community to stop
eating fish, and the community did so~at a price to
their culture, he pointed out, but nevertheless
resulting in improvement in their health.
Continuing his discussion, Dr. Carpenter
emphasized the great value of the experience of the
academic community and the community affected by
environmental contamination working together and
sharing information. Dr. Carpenter then pointed out
three basic principles for achieving successful work
between the academic community and the affected
community:
• Respect: Respect is recognizing the humanity
of individuals, as well as understanding that
people in the community have a better sense of
the health problems the community faces.
• Equity: Equity means that, if a researcher is
going to collaborate with a community, the
researcher should truly involve the community by
employing members of the community and
training them to work on the project.
• Empowerment: Empowerment means that a
researcher works toward the goal of being
"unnecessary" to the community because the
researcher should be providing the community
with the tools necessary to take charge of their
own affairs.
Concluding his remarks, Dr. Carpenter emphasized
the urgency of addressing environmental justice
issues related to PCB contamination. He explained
that the issue of subsistence fishing in waters
contaminated with PCBs affects African-American
communities in urban areas, as well as indigenous
peoples in rural areas. While PCBs do not cause
immediate death, he added, the chemicals do cause
cancer, disrupt the immune system, and cause
learning disabilities among children. In conclusion,
Dr. Carpenter stated that communities must be
informed so that they can make their own decisions
about their health.
Dr. Ray Campion, President, Mickey Leland National
Urban Air Toxics Research Center, began his
presentation by providing a brief overview of his
organization. He explained that the center was
authorized under the Clean Air Act Amendments of
1990 (CAAA) to provide data to EPA to conduct risk
assessments for monitoring controls that had been
in place for 10 years for air toxics. Dr. Campion then
explained that all research conducted at the center
is thoroughly peer reviewed to ensure acceptance by
the scientific and medical public health communities
and, more important, in court cases. He explained
that most of the nine studies the center currently was
undertaking are community-based efforts. The focus
of the studies, he continued, is the development of
methodologies to assess "personal" exposures to
various contaminants.
Continuing, Dr. Campion explained that the center's
support base is a congressional appropriation as
part of the budget of EPA's ORD. He added, that, to
date, the relationship between the center and EPA
had been positive and that the research of the
organizations had been complimentary.
Dr. Marinelle Payton, Harvard School of Public
Health and chair of the Health and Research
Subcommittee of the NEJAC, thanked the panel
members fortheir valuable advice about the need for
community-based environmental health research.
She asked each panel member what areas of
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research each would consider to be important to
further pursue a more collaborative integrated
community-based health assessment intervention
and prevention program.
In response, Dr. Campion noted that he believed that
the research area related to personal exposure was
an important methodology for analyzing air quality
that is consistent with public health effects. Dr.
Campion also noted that the use of devices that are
user-friendly in his experience had been a key to
success. He also stressed the need to provide the
results of community-based health research back to
the community that is being studied. Dr. Carpenter
responded that additional emphasis should be
placed on conducting research on children to
determine long-term effects of environmental
contamination.
Mr. Porras explained that conducting community-
based environmental health assessments would
prompt other areas of research that are necessary
and crucial in assessing the health of a community.
He also remarked that it was important to recognize
the limits of science and that data gaps exist.
Dr. Michel Gelobter, Rutgers University and chair of
the Air and Water Subcommittee of the NEJAC,
asked how peer reviewers in the scientific
community view community participation in research
and, on behalf of the communities, what kind of
community review was necessary. Dr. Campion
responded that the question Dr. Gelobter had raised
has been very difficult to resolve. He explained that
many scientists continue to be suspect of involving
members of the affected community during reviews
of data collected because of the fear that the
community members would come to the table with
their minds made up. He stated that many scientists
also do not feel comfortable allowing communities to
participate during the formulation of a study because
the view of the scientists is that the community
already has drawn its final conclusion.
Dr. Carpenter responded that he would take a
slightly different point of view on Dr. Gelobter's
question. Dr. Carpenter agreed that the "average"
academic does not relate to community-based
research; however, he stated, government agencies
should require the involvement of the affected
community as a criterion for obtaining funding. He
also noted that community-based research need not
"cut corners" related to scientific methods. He then
stated his belief that no one is advocating that the
quality of research be compromised. In conclusion,
Dr. Carpenter commented that research should be
conducted in a way that encourages the community
to "buy-in" to the effort and supports the application
of contemporary research criteria in the resolution of
problems that are of concern to the community.
Mr. Tseming Yang, Vermont Law School and
member of the International Subcommittee of the
NEJAC, asked when the panel members would
believe that enough research had been conducted to
perform a valid analysis of the situations. Dr.
Carpenter responded thatthe question is, when does
research translate to intervention, which he stated he
believes is a very important question because
"enough" data never would be collected. However,
he said, there would be a point at which intervention
activities become crucially necessary. Dr. Carpenter
stated that, many disadvantaged communities have
an urgent need for intervention, and that intervention
should not be delayed until all the research has been
completed.
Ms. Shepard commended Mr. Porras for showing
the members of the NEJAC how he was able to use
his research and data to influence public policy
related to his community. She then asked whether
other panel members had had similar experiences in
how data collected through a community-based
approach had an effect on policy. Responding, Dr.
Carpenter explained that many scientists believe
there is a line between being a scientist and being an
advocate for policy changes. Many scientists, he
continued, are fearful of losing funding and being
labeled as advocates rather than "objective"
scientists. He expressed his belief, however, that
scientists have a responsibility to document health
effects to place pressure on government agencies to
find solutions to such problems.
3.3 Panel 3 - Socioeconomic Vulnerability: How
Can Consideration of Socioeconomic Status
and Cultural Factors: (a) Contribute to a
Better Understanding of Health Disparities
and Cumulative and Disproportionate
Environmental Effects and (b) Be
Incorporated into Community Health
Assessments?
Mr. Lee explained that Panel 3 would discuss the
relationship between physical and Socioeconomic
factors as important elements in understanding
cumulative risks and health disparities. Exhibit 1-12,
on page 1-18, describes the problem statement
examined by Panel 3. Mr. Lee also informed the
members of the Executive Council that OEJ, in
collaboration with representatives of industry serving
on the NEJAC, had searched extensively for a
panelist representing the industrial sector. However,
Mr. Lee explained, that industry has not focused on
that area of research. Ms. Samara Swanston,
Atlanta, Georgia, May 23 through 26,2000
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National Environmental Justice Advisory Council
Exhibit 1-12
PANEL 3 - PROBLEM STATEMENT
Reduction of health disparities by the year 2010 is a
significant national goal. The goal is potentially
relevant for minority, low-income, or indigenous
communities that suffer health disparities that may be
the result of, or be exacerbated by, exposure to
environmental pollutants and certain racial, ethnic,
and socioeconomic vulnerabilities. How does
socioeconomic vulnerability contribute to health
disparities or disproportionate environmental effects
in environmental justice communities? This panel
will explore the extent to which socioeconomic
vulnerabilities might be incorporated into community
health assessments for populations already suffering
health disparities. Panelists will make
recommendations about research priorities for the
development of policy in areas of socioeconomic
vulnerability, cumulative risk, and disproportionate
environmental effects.
Executive Director, Greenpoint-Williamsburg Watch
Project, informed the subcommittee that
socioeconomic vulnerabilities, health disparities, and
disproportionate environmental health effects
strongly resonated in her community, Greenpoint-
Williamsburg, Brooklyn, New York, a community of
color. She explained that the measures most
commonly used to evaluate socioeconomic status
are income, education, and occupational prestige;
however, she pointed out that such measures are
limited in that they do not capture significant
components of social stratification that . could
influence health status. She then identified other
measures of socioeconomic status, including the
conditions in which an individual lives;
intergenerational transfers of wealth, since
inheritance of wealth occurs less frequently among
minorities; and race. Ms. Swanston explained
further that socioeconomic status does not have the
same meaning in communities of color as it does in
other communities. For example, she said, racism
affects the quantity and quality of medical care
received. Continuing, she reported that studies have
shown that African-Americans and other minorities
are twice as likely as white Americans to receive
routine medical care in hospital clinics and
emergency rooms where it is impossible to see the
same care provider for each visit; therefore, she
said, they cannot achieve continuity of medical care.
Ms. Swanston also noted that racism directly affects
the health status of minorities, as shown in several
studies that established an association between
reported racial discrimination and hypertension.
According to experts on cancer, socioeconomic
status plays a role in the use of various screening
tests; higher socioeconomic status was correlated
with more frequent use of screening tests and more
aggressive therapy and therefore, a greater chance
of surviving cancer. Ms. Swanston also stated that
socioeconomic status plays a role in obesity that
could lead to diabetes, and that a variation in
utilization rates among socioeconomic groups is
connected strongly to health status. For example,
Ms. Swanston stated, diabetes was nonexistent
among the Native American population until many
members of that population were forced to change
their traditional diets because of the effects of
pollution and relocation.
Continuing, Ms. Swanston explained that poverty
and the lack of health insurance (because of
poverty) also increase the risk of health disparities.
She also pointed out that poverty exposes people to
environmental pollution in a variety of ways that
generally are not recognized. As an example, Ms.
Swanston noted that poor people often heat their
homes with kerosene heaters, a practice that results
in a substantial increase in indoor concentrations of
particulate matter, sulfates, and nitrates.
Referring to a 1998 report released by HHS, Ms.
Swanston pointed out that the report found that
health in America is tied unambiguously to income
and education. The report found that adults who
have less education die at a younger age and have
higher death rates for all major causes of death, she
said. Noting that socioeconomic status influenced
the health of children, the report stated that low birth
rate and infant mortality rates are higher among the
children of less educated mothers, she explained.
Ms. Swanston also discussed a NIEHS study of 314
children, of whom 88 percent were African-
American, 9 percent were Hispanic, and 2 percent
were white. The study, she continued, found that the
calcium intakes of African-American and Hispanic
children were significantly below the daily
recommended levels. She noted that the low
calcium intakes were in part attributable to lactose
intolerance, a condition reported by many African-
Americans. She noted further that nutritional
deficiencies are a result of poverty and that such
deficiencies increase the effects of exposures to
pollution. Poor diet during childhood likely was not
overcome by the achievement of a higher
socioeconomic status later in life, she observed
further.
Ms. Swanston also stated that racism plays a role in
disparate exposures. She stressed the importance
of the community that people lived in and stated that
cultural barriers, as well as language barriers, race,
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gender, location of residence, and location of
workplace, should be considered in determining
socioeconomic status.
Dr. Walter Handy, Cincinnati Health Department,
expressed agreement with Ms. Swanston that
people for whom the rates of death, illness, and
disability are higher than those among other
segments of the population tend be concentrated in
the poorest enclaves of society and that that pattern
had been observed in communities around the
world. He noted that the observations made by
researchers revealed that inadequate medical care,
low income, poor health habits, unemployment, race,
and hazardous living conditions are factors related to
the relationship of poverty and disparate health
effects. Dr. Handy noted that social support and
coping style also may offer "keys" to examining the
most difficult social contexts of health status, as well
as lead to the development of more effective
partnerships to reduce pollution and identify effective
coping strategies and social support mechanisms
among residents of such communities.
Continuing, Dr. Handy noted that prevention theory
and the construct of public health practice are
inventions of the twentieth century, both of which rest
on three elements, "what we believe causes ill-
health, how we measure health, and who gets
measured for health." He remarked that the models
used to develop and analyze prevention and public
health principles and practices have grown more
complex as scientists have come to understand the
greater complexity of the relationships that affect
health outcomes. In addition, Dr. Handy explained,
the scientists' beliefs about the causes of death and
health status have become more complex as well.
Where as an individual's health status once may
have been identified as dead or alive, he pointed out,
that status now can be described through concepts
such as morbidity, comorbidity, disability, wellness,
quality of life, socioeconomic behavior, and
environmental health. Because of those new
concepts, Dr. Handy stated, government agencies
and other health organizations now think in terms of
risk factors. Prevention, he continued, as a way of
viewing public health, emerged from dissatisfaction
with the effectiveness of available treatment options.
Turning his attention to issues related to
environmental justice and public health, Dr. Handy
stated that the intent of incorporating socioeconomic
vulnerabilities into community health assessments
for populations already suffering health disparities
was to prevent disparate effects. During discussions
about enforcing Title VI in the area of addressing
and preventing disparate effects on health, Dr.
Handy noted, a number of options have been
considered, such as primary and secondary
prevention efforts to prevent industry from polluting
excessively by requiring industries to comply with
existing permitting laws and prevent such situations
from occurring. For some, however that option is not
sufficient, he stated. He noted further that many
such options had been built upon risk assessment,
describing one option developed by Mr. Jerome
Baiter, Public Interest Center of Philadelphia,
Pennsylvania. Dr. Handy stated that, in May 1998,
Mr. Baiter developed an environmental justice
protocol for EPA to use in the Agency's guidance on
the implementation of Title VI. Dr. Handy stated that
the protocol used available health statistics, such as
age-adjusted total mortality, cancer mortality, and
infant mortality rates. He explained that Mr. Baiter
had proposed to use the health statistics as an
alternative to risk assessment as a simple way of
understanding the health status of a community, and
allowing local and state agencies to make permitting
and siting decisions on the basis of that information.
He also described another alternative, comparative
risk analysis, that uses scientific information and
"blends" the values and attempts to render
community decisions about environmental and
health factors.
Dr. Handy concluded his presentation by providing
the following research and policy recommendations
to the NEJAC:
• Acknowledge that the number of problems that
face communities are excessive and too large
for a single stakeholder group to address;
therefore, options for collaboration and training
to allow stakeholder groups to work more
effectively together should be developed.
• Observe people who have developed effective
social systems and coping strategies that have
seemed to "inoculate" themselves against some
of the adverse health effects caused by
environmental contamination.
• Examine the notion of the interaction of sources
of morbidity or ill health, such as mental health
problems associated with lifestyle choices or
work or family settings that are likely to be
exacerbated by physical health problems
(diabetes, cancer, and a variety of other health
problems), which in turn are intensified by
pollution.
• Increase research efforts to develop baseline
data to be used in protocols that can be applied
to permitting decisions.
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Mr. Michael Callahan, EPA Cumulative Risk
Technical Review Panel, announced EPA's intent to
establish guidelines for conducting cumulative risk
assessments. He explained that the cumulative risk
assessment guidelines are divided into two parts,
one for developing a framework document for
cumulative risk and the second for developing the
guidelines for conducting a cumulative risk
assessment. Mr. Callahan defined cumulative risk
as the combined risks from two or more agents or
stressors, with repeated exposures overtime, effects
of prior and current exposures, and the effects of
one stressor on the toxicity of another.
Continuing, Mr. Callahan also explained that this
document would be scientific rather than a policy
document. He explained that cumulative risk
approaches require a different mindset than do
traditional risk assessments. Historically, Mr.
Callahan stated, when EPA was created in 1970,
pollution was more visible. The main goal of the
Agency, he said, was to stop the entry of the
pollution into the environment, a chemically-focused
assessment. Cumulative risk is a different type of
operation; it is a population-focused assessment, Mr.
Callahan pointed out. He noted that EPA and other
government agencies must develop new and
efficient approaches for collecting the necessary
data to conduct cumulative assessments.
Another challenge, Mr. Callahan observed, is the
concept of vulnerability, not only as asocioeconomic
factor but as a biological factor, as well. Describing
vulnerability, Mr. Callahan explained that different
people who undergo the same rate of exposure to
chemicals respond differently. He stated the issue
arises in cumulative risk assessment, rather than in
the traditional approach.
Concluding his remarks, Mr. Callahan stated that the
framework document should be available for review
by September 2001. He requested that the NEJAC
participate in the development of the document.
Ms. Miller-Travis asked whether the cumulative risk
assessment framework document will give EPA the
ability to address and investigate the concept of
synergistic effects of cumulative and multiple
chemical exposures. Responding to Ms. Miller-
Travis, Mr. Callahan noted that cumulative and
multiple chemical exposures would be a major focus
of the guidance documents. . Dr. Fisher asked
whether the framework document would include the
full life span of exposures, such as the fetal stage
and breast feeding, to focus on exposures children
face. Mr. Callahan noted that the guidance
documents would discuss the issue in the sense of
special populations that differ from the average
adult.
Ms. Patricia Hill Wood, Georgia Pacific Corporation
and member of the Waste and Facility Siting
Subcommittee of the NEJAC, asked Dr. Handy
whether he had identified a list of key factors that
were crucial for the baseline data needed to
understand public health concerns. In response, Dr.
Handy explained that Mr. Baiter's protocol on
environmental justice was built on an assumption
that local and state public health agencies have
"research-grade" health statistics; however, he said,
most health departments do not possess such
statistics. He explained that different physicians may
have different tendencies toward diagnosing a
particular illness as primary, secondary, or tertiary.
To obtain good health statistics, Dr. Handy stated,
interaction among physicians is necessary to provide
uniformity so that diagnoses can be analyzed across
a population rather than only in individuals. As a
follow-up question, Ms. Wood asked Dr. Handy
whether there were any efforts underway to reach a
consensus among members of the medical public
health community about the baseline data, to which
Dr. Handy replied that he was not aware of any such
results.
Mr. Whitehead asked the panel whether a study has
been conducted on the relationship of diet and
chemical exposures. Ms. Swanston noted that diet
and chemical exposure are interrelated, stating that
a good diet may not prevent deadly diseases;
however, the poor diet that results from poverty may
increase a person's susceptibility to diseases from
environmental exposures, she said.
Mr. Goldtooth asked Mr. Callahan how the
framework document for the cumulative risk
assessment would capture the cultural and spiritual
values of American Indian and Alaskan Native tribes.
Mr. Callahan responded that stressors such as
cultural issues would be addressed in the document,
most likely as an area that requires additional
research. Dr. Handy added that a fair amount of
research has been conducted on psychological
stressors that can produce changes in the body's
physiology that increase the individual's susceptibility
to chemical agents.
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3.4 Panel 4 - Key Federal Initiatives: What
Strategies Should Be Developed,
Implemented, and Evaluated so as to Insure
Substantial Participation, Integration, and
Collaboration by Federal Agencies, in
Partnership with Impacted Communities;
Public Health, Medical, and Environmental
Professionals; Academic Institutions;
Philanthropic Organizations; State, Tribal,
and Local Governments; and the Private
Sector?
Introducing the fourth panel, Mr. Lee stressed the
need for increased coordination and collaboration
among Federal agencies to address public health
issues in environmental justice communities. Panel
4, he pointed out, is made up senior officials of
various Federal agencies that address public health
issues who were to discuss the types of strategies
needed to resolve these issues. Exhibit 1-13
describes the problem statement Panel 4 addressed.
Exhibit 1-13
PANEL 4 - PROBLEM STATEMENT
This panel will offer perspectives of senior officials
of the U.S. Environmental Protection Agency and
other Federal public health agencies. The officials
will provide overviews of their respective agencies or
office's efforts to address environmental justice and
community-based public health needs. During this
session and throughout the meeting of the National
Environmental Justice Advisory Council, they will
explore recommendations for determining what
strategies should be developed, implemented, and
evaluated to ensure participation, integration, and
collaboration by Federal agencies in partnership with
all affected stakeholders.
Dr. Henry Falk, Assistant Administrator, ATSDR,
noted that he had met with the Health and Research
Subcommittee of the NEJAC during its December
1999 meeting to discuss some of the activities being
conducted at ATSDR that are related to
environmental justice.
Dr. Falk provided a brief overview of ATSDR by
explaining that ATSDR is headquartered in Atlanta,
Georgia and works closely with EPA, because the
agency was created under the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA). Therefore, the mission of
the agency is to work with EPA to resolve health
issues related to Superfund and other hazardous
waste sites.
Turning his attention to the charge of the panel, Dr.
Falk explained that he would address the questions
posed in terms of the strengths and limitations of
ATSDR in addressing environmental justice issues
related to public health. In terms of strengths, Dr.
Falk expressed his belief that, because of ATSDR's
focus on working on specific sites, the agency is well
prepared to address community issues. Principles
related to environmental justice, he noted, are woven
into the fabric of ATSDR because, he said, 'There is
no other way for us [ATSDR] to work at sites." Dr.
Falk also informed the NEJAC about ATSDR's
diverse workforce and the diversity training that is
provided to staff.
In addition to site activities, Dr. Falk stated that
ATSDR participates in scientific activities to build the
agency's capacity to address issues that may arise
at sites. For example, he explained, ATSDR has
developed community toxicology profiles and health
education materials for communities.
Describing the limitations of ATSDR related to
addressing environmental justice, Dr. Falk explained
ATSDR is a Federal agency and that change is not
always easy. However, many at ATSDR, he pointed
out, attempt to develop creative and resourceful
strategies to address issues. Dr. Falk also explained
that the service ATSDR provides is not simple. For
example, the agency provides services, exposure
assessments, where the knowledge is limited, he
said. In addition, Dr. Falk pointed out the mandate
of ATSDR is narrow in scope, for example, ATSDR
cannot provide health care to communities.
Concluding his remarks, Dr. Falk provided the
following recommendations:
• Improve how Federal agencies develop
partnerships with communities.
• Increase coordination and colloboration among
Federal agencies to develop "holistic" solutions
to public health issues.
• View ATSDR as a catalyst for developing
solutions.
Dr. Charles Wells, Director of Environmental Health
Services, Office of Director NIEHS, began his
presentation by providing a brief overview of NIEHS.
He noted that NIEHS is located in Research Triangle
Park, North Carolina and that its mission is to
prevent disease associated with environmental
causes and to reduce the burden of such diseases
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by defining the relationship of environmental
exposure and adverse health effects, individual
differences in susceptibility to such exposures, and
changes in susceptibility with age. Exhibit 1-14
describes the mission of NIEHS. He also noted that
the prevention of disease is one of the most
important services that a government agency can
provide to its citizens. Dr. Wells then explained
NIEHS' definition of environmental justice. NIEHS,
he said, empowers people who live in areas in which
there are high concentrations of pollution, by
providing them information and instruments for
addressing those issues, while also providing them
with technical assistance directly or through
academic institutions in addressing problems that
result from pollution or other environmental issues.
Exhibit 1-14
NATIONAL INSTITUTE OF
ENVIRONMENTAL HEALTH SCIENCES
Human health and human disease result from three
interactive elements: environmental factors,
individual susceptibility and age. The mission of the
National Institute of Environmental Health Sciences
(NIEHS) is to reduce the burden of human illness and
dysfunction from environmental causes by
understanding each of those elements and how they
are interelated. The NIEHS achieves its mission
through multidisciplinary biomedical research
programs; prevention and intervention efforts; and
communication strategies that encompass training,
education, technology transfer, and community
outreach.
Because communities must develop a better
understanding of the effects and risks to human
health from exposure to environmental
contamination, NIEHS decided to establish new
mechanisms at the agency to educate the public
about environmental health issues and to support
community involvement in the identification and
investigation of environmental health concerns, he
pointed out. Dr. Wells explained that NIEHS
conducts two types of research programs, public
health and translational. Issues of environmental
justice are addressed under the agency's
translational research programs, he said.
Translational research can be defined as a
conversion of findings from basic, clinical, or
epidemiological environmental science research into
information, resources, or tools that health care
providers and community residents can apply to
improve public health outcomes in at-risk
populations, Dr. Wells explained. He then identified
the objectives of environmental translational
research programs related to environmental justice:
• Improve understanding of how physical and
socioenvironmental factors affect human health.
• Develop better means of preventing health
problems related to environmental conditions.
• Promote partnerships among scientists, health
care providers, and community members to
address public health issues.
Dr. Wells then described several translational
research programs at NIEHS that are related to
community-based prevention and intervention
research. He explained that the community-based
prevention and intervention research was developed
to implement culturally relevant prevention and
intervention activities in economicallydisadvantaged
and underserved populations that are affected
adversely by environmental contaminants. He noted
further that the program is intended not only to foster
the refinement of scientifically valid intervention
methods, but also to strengthen the participation of
affected communities in decision-making processes
at NIEHS. Dr. Wells also stated that the community-
based prevention and intervention research projects
were designed to expand NIEHS' knowledge and
understanding of the potential causes and solutions
of disorders related to environmental conditions and
to enhance the capability of communities to
participate in the development of research
approaches and intervention strategies. He
explained that the research projects are conducted
in a manner that reinforces collaboration between
community members and research institutions. Dr.
Wells noted that, the relevant results therefore are
made available to the community in a clear and
useful manner.
Turning his attention to NIEHS' Environmental
Justice Partnership for Communications program,
established by NIEHS several years ago, Dr. Wells
explained that the program was established to
"bridge" the communication gap so that affected
communities would have a role in identifying and
defining problems and risks related to the
community's environmental health. He noted that
the research grant for the program and for the
environmental justice community-based program
were developed in a manner designed to empower
disadvantaged communities with resources to effect
healthful changes.
Dr. Jon Kerner, Assistant Deputy Director, Research
Dissemination and Diffusion, Division of Cancer
Control and Population Sciences, National Cancer
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National Environmental Justice Advisory Council
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Exhibit 1-15
NATIONAL CANCER INSTITUTE
The National Cancer Institute (NCI) leads the nation's
fight against cancer by supporting and conducting
ground-breaking research in cancer biology,
causation, prevention, detection, treatment, and
survivorship. Decades of work by scientists
supported by NCI have produced real gains. The rate
of new cancer cases declined an average almost one
percent each year between 1990 and 1996, while the
cancer death rate fell, on average, 0.6 percent per year
during that same period. Powerful new technologies
are enabling NCI to detect and diagnose more cancers
at an earlier stage, before they have had the chance to
spread. And many people who have cancer are living
longer, and with a better quality of life.
Even so, cancer continues to be a major health
problem; for many Americans, it remains the most
feared of diseases. In addition, the burden of cancer
falls disproportionately on certain racial, ethnic, and
socioeconomic groups. Although NCI has made real
and lasting progress against the disease, it is crucial
that NCI reach the ultimate goal of preventing and
curing all forms of cancer.
To more rapidly achieve that goal, NCI has
developed the following plan:
• Sustain at full measure proven, productive
research programs.
• Seize extraordinary scientific opportunities made
possible by our previous research discoveries.
• Create and sustain mechanisms that build the
capacity to allow the scientific community to
apply rapidly evolving discoveries and emerging
technologies for the benefit of human health.
Institute (NCI), began his presentation by providing
a brief overview of the organization of NCI. Exhibit
1-15 describes the mission of NCI. Dr. Kerner
explained that all Federal health agencies face a
challenge in their efforts to eliminate health
disparities. Before discussing NCI's approach to
eliminating health disparities, Dr. Kerner expressed
his belief that conducting studies and research in
laboratories are not "hard science;" it is "easy
science." He explained that the studies conducted
in laboratories are relatively easy because there are
experimental controls. When scientists "go out into
the real world," he observed, and work with people
who are being exposed throughout their life spans to
many different factors, such as race, income, and
education, that becomes hard science. Therefore,
he explained, one of the goals at NCI is to
understand the causes of disparities in cancer rates
and to develop effective intervention strategies to
eliminate those disparities. Continuing, Dr. Kerner
explained that NCI needs new centers for population
research and should collaborate more closely with
other government agencies to expand its ability to
fund and monitor cancer-related health disparities.
Concluding his remarks, Dr. Kerner informed the
members of the NEJAC about a new initiative of
NCI, CDC, and the American Cancer Society (ACS)
that brings together the different strengths of each
organization to better serve communities. The
program, Translating Research Into Improved
Outcomes (TRIO), will focus on how agencies can
work together to promote the adoption of good
scientific evidence-based cancer control and
intervention at all levels, particularly in underserved
communities, he said.
Mr. Michael Sage, Deputy Director, NCEH, CDC,
informed the members of the NEJAC that NCEH
works in the area of preventing disease and does not
conduct efforts to control disease, except in
emergency situations. Exhibit 1-16 describes the
NCEH.
Exhibit 1-16
NATIONAL CENTER FOR ENVIRONMENTAL
HEALTH
National Center for Environmental Health (NCEH)
works to prevent illness, disability, and death from
interactions between people and the environment.
The agency is committed to safeguarding the health
of populations that are particularly vulnerable to
certain environmental hazards-children, the elderly,
and people with disabilities.
NCEH seeks to achieve their mission through
science, service, and leadership. NCEH conducts
research in the laboratory and in the field to
investigate the effects of the environment on health.
The agency tracks and evaluates environment-related
health problems through surveillance systems.
NCEH also helps domestic and international agencies
and organizations prepare for and respond to natural,
technologic, humanitarian, and terrorism-related
environmental emergencies.
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Mr. Sage explained that NCEH focuses on
environmental factors that may affect health
outcomes in people. He remarked further that the
strength of the agency lies in its division into four
areas: the Emergency and Environmental Health
Services Division; the Environmental Hazards and
Health Effects Division; the Laboratory Sciences
Division; and the Birth Defects, Child Development,
and Developmental Disabilities Division. Mr. Sage
explained that the strength that each division brings
are related to biomonitoring efforts. He stated that,
over the past few years, NCEH has increased the
development of technology and expertise in
measuring substances in people. Over the next few
years, NCEH plans to increase the effort to develop
the first national profile and possibly community-
based profiles of the exposure of people to various
substances.
Mr. Sage also stated that NCEH has broad expertise
in conducting epidemiological studies and the
application of community needs assessment tools.
He then mentioned several prevention programs
developed by NCEH, including a childhood lead
poisoning prevention program and a national asthma
program.
Mr. Sage then noted several barriers that NCEH
faces in working with communities. Mr. Sage
explained that NCEH's funding is disease-and issue-
specific. Funding allocated for lead poisoning
prevention cannot be used for any other issue, he
said. He stated that, because most of NCEH's
programs are implemented through state and local
health departments, very few of NCEHs' efforts are
truly community-based. Identifying a lack of effective
communication, Mr. Sage explained further that
there is a lag time between translation of the science
and its use in community education and prevention.
He also expressed his concern about the lack of
understanding of cultural issues at NCEH.
Mr. Sage then recommended broad-based funding
for CDC and state and local health departments be
encouraged, so that those entities would be able to
deal with all public health concerns and with the
relationships among those concerns. He also
suggested the need to commit to program-specific
projects to address environmental justice concerns.
In addition, he recommended that NCEH spend
more time and effort on issues related to developing
health communication and .strategies among
communities, other health agencies, and NCEH.
Mr. Michael Rathsam, Indian Health Services (IHS),
HHS, began his presentation by stating that IHS has
addressed environmental health disparities and has
provided direct health care services to tribes for 45
years. He stated that the mission of IHS, in
partnership with American Indians and Alaskan
Native people, is to raise the physical, mental, social,
and spiritual health of those populations to the
highest level. He also explained that the goal of IHS
was to ensure comprehensive and culturally
acceptable personal and public health services are
available and accessible to all American Indians and
Alaskan Native people. Mr. Rathsam also explained
that the fundamental purpose of IHS is to uphold the
Federal government's obligation to promote healthy
American Indian and Alaskan Native communities
and cultures and to honor and protect the inherent
sovereign rights of tribes.
Over the past 45 years, Mr. Rathsam stated, IHS
has made significant progress in achieving its
mission and goals. Since 1955, he continued,
ambulatory medical care visits have increased by
1,200 percent, and, since 1973, infant mortality rates
have decreased by 54 percent. He also noted
decreases in mortality rates for tuberculosis,
gastrointestinal disease, unintentional injuries,
pneumonia and influenza, homicide, alcoholism, and
suicide. However, despite such successes, he said,
health disparities still remain. For example, Mr.
Rathsam pointed out, life expectancy of Native
populations is 71, five years less than the national
average; tuberculosis occurs at a rate six times
greater than the rate for all races; alcoholism occurs
at a rate seven times greater than the rate for the
U.S. general population; the suicide rate is twice the
national average. In addition, Mr. Rathsam pointed
out that, in Indian country, there are 79 percent fewer
nurses, 60 percent fewer dentists, and 45 percent
fewer physicians, compared with the national
averages. He identified several underlying causes
for such disparities, including the social and cultural
disruption of traditional Native societies, lack of
education and economic opportunities, and high
levels of unemployment and poverty.
Mr. Rathsam then provided a brief overview of IHS's
Office of Environmental Health and Engineering
(OEH&E), which is responsible for addressing
environmental health disparities related to
environmental justice in Indian country. Exhibit 1-17
describes the three divisions of OEH&E.
Turning his attention to the successes of IHS, Mr.
Rathsam explained that reducing health disparities
is possible when basic public health programs
became a part of the infrastructure of a community.
For example, he noted, the percentage of Indian
homes that have safe water and sanitary liquid waste
disposal systems increased from 15 percent in 1955
to 90 percent in 1998 because of the determined
efforts of tribes and IHS. At the same time, Mr.
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Exhibit 1-17
INDIAN HEALTH SERVICES
OFFICE OF ENVIRONMENTAL HEALTH AND
ENGINEERING
The Office of Environmental Health and Engineering
(OEH&E) of Indian Health Services (IHS), U.S.
Department of Health and Human Services (HHS), is
responsible for addressing environmental health
disparities related to environmental justice in Indian
country. OEH&E has three divisions:
• The Division of Environmental Health Services
provides expertise to tribes for environmental
health programs that include indoor and outdoor
air quality, toxic and solid waste management
programs; community injury prevention,
groundwater contamination, pesticides, food
protection, and occupational health programs.
• The Division of Sanitation Facilities
Construction is changed with the design and
construction of water, sewer, and solid waste
management systems.
• The Division of Facilities Engineering focuses
on the construction and maintenance of IHS and
tribal hospitals, clinics, and health stations.
Rathsam continued, the age-adjusted death rate
from gastrointestinal disease among American
Indians and Alaska Natives decreased by 91
percent. In addition, in the mid-1980s, IHS assisted
several remote and impoverished tribes in the
development of self-sustaining, fee-for-service, solid
waste management programs that provided door-to-
door collection service, thereby reducing the
opportunity for disease to spread from decomposing
waste dumped in residential areas, he said. Mr.
Rathsam noted that each of the programs he had
discussed continues to operate successfully and
now as a stable component of the community's
infrastructure.
Continuing, Mr. Rathsam discussed one very
important limitation faced by IHS, the lack of
complete funding. Mr. Rathsam then recommended
that more adequate, sustainable funding be provided
to further reduce health disparity in Indian country.
He cited the need for frequent and routine
communication, between tribes and agencies that
fund tribal environmental programs and those
agencies that provide direct comprehensive
environmental health services. He also suggested
that, to better use resources, Federal agencies avoid
duplication of services.
Dr. Harold Zenick, Acting Deputy Assistant
Administrator for Science, EPA ORD, began his
presentation by providing a brief overview of EPA's
three interrelated elements. He explained that the
first element of EPA is the Agency's program offices,
such as the Office of Air and Radiation (OAR), Office
of Water (OW), Office of Solid Waste and
Emergency Response (OSWER), and OPPT, that
through congressional and legislative mandates,
have missions to carry out to ensure that people
have clean water, air, and land. He then stated that
the second element of EPA is the Agency's 10
regional offices that interact with the states and
communities to carry out the regulations and
decisions that are developed at EPA. Dr. Zenick
then explained that the third element is support
offices, such as OECA, the Office of Information,
and ORD.
Dr. Zenick then noted that the various panelists had
established that environmental factors are only one
of the many elements faced by communities that
lead to health disparities. Other factors, he pointed
out, include race and socioeconomic status. Dr.
Zenick expressed his belief that the ability of Federal
agencies to effectively ensure healthy communities
is dependent upon those agencies being able to take
a more integrated approach to examining the
dynamics among all factors. He also stated that it is
essential that the public health and medical
community recognize that environmental conditions
are a major ecological factor related to health status.
Lacking that acknowledgment, Dr. Zenick continued,
very little progress will be made in eliminating health
disparities that are caused by environmental factors.
He also stated that other key players must be
engaged.
For example, Dr. Zenick expressed his appreciation
that the U.S. Department of Transportation (DOT) is
becoming involved more actively by including an
environmental justice component in its decisions
related to land use. He also stated that it is crucial to
engage the U.S. Department of Housing and Urban
Development (HUD) to realize its mandate to
address environmental and health issues, as well.
He also stressed the importance of renewing the
Federal government's commitment to and
recognizing the inextricable link between
environmental health, public health, and the
provision of health care.
Continuing, Dr. Zenick stressed the importance of
conducting additional research and developing better
tools to increase understanding of issues related to
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public health and environmental justice. He
recommended for consideration the development of
a diagnostic action-oriented model, which, he noted,
is not particularly different from the model currently
in the medical community. Under such a model, Dr.
Zenick explained, government agencies should
consider how to combine expertise when studying a
community in an attempt to improve the health of the
community. Dr. Zenick proposed developing a
"SWAT" team approach under which a group of
experts would work with the community to conduct a
"diagnostic" test of the community to determine its
health status.
Ms. Shepard asked the panel what types of methods
of interventions truly work to reduce health
disparities. In response, Dr. Kerner stated that CDC
has developed many intervention strategies;
however, many are not targeted to underserved
communities, he added. He also commented that
"community-placed" research interventions do not
work as well as "community-based participatory"
research interventions. Dr. Wells also expressed
agreement with Ms. Shepard, noting that the
intervention programs and strategies of N1EHS were
developed by the community in concert with
academia or governments. In addition, intervention
strategies developed without the participation of the
affected community would be ineffective, he
observed.
Mr. Rathsam remarked that the lessons IHS has
learned through preventing injuries in Native
American communities were the necessity of sound
scientific data collection and analysis and the
importance of advocacy in explaining scientific data
to the community. He also stressed the need for
community mobilization or coalition-building and
development of intervention within the community
and the need for the collection and analysis of
scientific data to measure the success of
interventions. Dr. Falk stressed further the
importance of dialogue between the communities
and Federal agencies and the active participation of
the community.
Ms. Augustine expressed her belief that ATSDR
should develop a better understanding of the culture
of the community that the agency interacts with. In
response, Dr. Falk stated that he recognized that
there are some situations in which members of the
community are approached in a less than sensitive
way. He made a commitment to rectifying such
situations in the future. He also noted the difficulties
that arise in working with diseases that have
numbers of potential causes, and acknowledged her
concerns, and pledged better performance in future
situations.
Mr. Cole expressed his appreciation that the various
representatives of Federal agencies were present to
discuss issues related to environmental justice. Mr.
Cole also expressed his concern that the past
policies and practices of some of the agencies
represented had been barriers to social justice. For
example, Mr. Cole pointed out, ATSDR has a
credibility problem among communities. In
response, Dr. Falk noted that ATSDR works with
some 500 sites around the country and
acknowledged that cases might arise in which
communities were not happy with the work done by
ATSDR. Dr. Falk then stated, however, that he does
not believe that to be the general prevailing situation
throughout the country. He also made a
commitment to correct such problems.
Dr. Gelobter asked the panel members about the
priority given to community-based research in their
respective agencies and what importance is given to
research that focus on communities affected by
disease caused by environmental contamination. In
response, Dr. Zenick explained that EPA was
attempting to challenge scientists in the Agency to
provide a sense of the effects of the research being
conducted and to determine whether any
mechanism had been established to distribute that
information to consumers. He also noted that EPA
is building stronger relationships with its regional
offices, since it is the regional offices that come into
daily contact with communities and state officials. In
addition, he explained, ORD established a
Community Science Council to review the work that
the office currently is undertaking and to identify
opportunities for existing programs to benefit
communities.
4.0 REPORTS AND PRESENTATIONS
This section summarizes reports and presentations
related to a number of issues the NEJAC had
considered in its deliberations during previous
meetings, as well as during the current meeting.
4.1 Report on the Activities of the U.S.
Environmental Protection Agency Office of
General Counsel
Mr. Lee informed the members of the Executive
Council that OEJ had invited Mr. James Nelson and
Mr. Anthony Guadagno of the EPA Office of General
Counsel (OGC); however, because of flight
cancellations, neither was to attend, Mr. Lee
explained. Mr. Lee also pointed out that it had been
intended that the presentation serve as a follow-up
to issues discussed at the meeting of the NEJAC
held in December 1999 that focused on how to
better integrate principles related to environmental
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justice into permitting decisions. On behalf of Mr.
Nelson and Mr. Guadagno, Mr. Lee continued, Mr.
Hill would provide information about the activities of
OGC. Mr. Hill then reported that OGC is completing
work on a legal memorandum that examines the
legal authorities under which OW, OSWER, and
OAR operate to identify opportunities to consider
environmental justice under environmental
regulations. The memorandum, he announced, was
to be available within a few weeks following the
meeting. Mr. Lee then reminded the members of the
Executive Council that it has been the position of
OEJ that issues related to environmental justice are
not just an outgrowth of the Executive order on
environmental justice but are "embedded" in the
statutes under which the Agency operates. He
expressed his belief that the memorandum is an
important milestone that will ensure that that position
becomes a reality.
4.2 Report on the Activities of the U.S.
Environmental Protection Agency Office of
Civil Rights
Ms. Ann Goode, Director, EPA OCR, updated the
members of the Executive Council on the status of
the Title VI Interim Guidance for Investigating
Administrative Complaints Which Challenge
Permitting Decisions (Interim Guidance). She
announced that within 7 to 10 work days, EPA was
to publish in the Federal Register the Agency's
revised policies related to administering Title VI.
Ms. Goode described the process related to the
development of the new draft guidance documents
by explaining that the Agency had received more
than 115 sets of written comments on the Interim
Guidance since the document was released for
review in February 1998. In March 1998, she
reminded the members, OCR had established a
Federal advisory committee on Title VI under EPA's
National Advisory Council for Environmental Policy
and Technology (NACEPT). She also noted that
many members of the NEJAC also served on that
committee.
Ms. Goode continued the discussion by describing
the various steps of outreach OCR had taken over
the past year to obtain comments on the Interim
Guidance and information pertinent to it. In
September 1998, she explained, OCR had convened
a small group of stakeholders to discuss policy
options for addressing the major concerns
expressed by stakeholders related to the
implementation of the Interim Guidance. OCR then
had .solicited from individuals in that "mixed"
stakeholder group comments about potential policy
options, she said. In October 1999, Ms. Good
continued, the first draft of the revised guidance was
completed, the documents having undergone
approximately eight or nine iterations since the first
draft.
In addition, Ms. Goode pointed out, OCR conducted
a vigorous internal review process throughout the
development of the guidance, and the documents
have been reviewed by senior managers at the
Agency. In addition, OCR also met with Mr. Bill Lann
Lee, U.S. Department of Justice (DOJ), Civil Rights
Division and Ms. Lois Schiffer, DOJ Environmental
Division, on several occasions to ensure that the
revised guidance could be implemented. Ms.
Goode expressed her belief that EPA has listened to
the concerns of all stakeholder groups throughout
the revision process.
Continuing, Ms. Goode informed the members that
OCR has planned a "robust" outreach process in
conjunction with the release of the new draft
guidance documents. Once the draft documents
have been published in the Federal Register, she
continued, a 60 day public comment period will be
provided for citizens to offer comments on the
documents. The documents also will be available on
the OCR Internet home page, she added. In
addition, before the draft documents are made
publicly available, OCR will conduct briefings with
members of Congress, the NEJAC, and the
Environmental Council of the States (ECOS) to
ensure their "buy in" on the new draft documents,
she said. Ms. Goode also assured the members of
the Executive Council that OCR will mail hard copies
of the documents to more than 3,000 stakeholders,
using OEJ's mailing list. To answer and address
concerns of stakeholders, OCR will hold five public
listening sessions across the country, she continued.
Ms. Goode made a commitment that she would
attend as many meetings as possible to ensure she
has opportunity, and provides to the public, the
opportunity for dialogue in small group settings.
Turning her attention to the differences between the
Interim Guidance and the new draft documents, Ms.
Goode explained that the primary difference is the
physical layout of the documents. The initial Interim
Guidance document was a 13-page document, while
the revised document will be approximately 100
pages, she said. The increase in the size of the
documents, she pointed out, was that result of an
effort to be more responsive to concerns expressed
by stakeholders about providing definitions about the
processes by which EPA handles complaints filed
under Title VI. Ms. Goode then described the
contents of the new draft documents. Exhibit 1-18,
on page 1 -28, provides a description of the new draft
documents. Ms. Goode stressed that OCR made all
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Exhibit 1-18
U.S. ENVIRONMENTAL PROTECTION AGENCY
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
GUIDANCE DOCUMENTS
On June 27,2000, the U.S. Environmental Protection Agency (EPA) Office of Civil Rights (OCR) will publish in the
Federal Register two draft guidance documents related to Title VI of the Civil Rights Act of 1964 (Title VI). EPA
will receive public comments for 60 days, until August 28, 2000. The draft documents are titled:
Draft Title VI Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs
( "Draft Recipient Guidance ").
• Draft Revised Guidance for Investigating Title VI Administrative Complaints Challenging Permits ( "Draft
Revised Investigation Guidance ").
Title VI prohibits discrimination based on race, color, or national origin by any entity that receives Federal financial
assistance. When entities (such as state environmental agencies) receive financial assistance from EPA, they accept
the obligation to comply with Title VI and with EPA's Title VI implementing regulations. Persons who believe
recipients of EPA funds are administering their programs in a discriminatory manner may file an administrative
complaint with EPA.
In 1998, EPA issued its Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits
("Interim Guidance") for public comment. The Interim Guidance provided an initial framework by which EPA
OCR processes complaints filed under Title VI that allege discriminatory environmental and health effects from
environmental (pollution control) permits issued by recipients of EPA financial assistance.
EPA has revised the Interim Guidance on the basis of a robust stakeholder comment process, as well as the public
comments received on the Interim Guidance. EPA convened an advisory group to provide recommendations and has
conducted numerous meetings with a variety of stakeholders over the past two years.
What is the purpose of the documents?
The Draft Recipient Guidance is intended to offer suggestions to assist state and local recipients of EPA financial
assistance develop approaches and activities that address potential concerns related to Title VI. Examples include
fostering effective public participation; conducting assessments of potential adverse impacts; developing geographic,
area-wide pollution reduction programs; and using informal resolution techniques. Recipients are not required to
adopt or implement any of the Title VI approaches or activities described in the Draft Recipient Guidance.
The Draft Revised Investigation Guidance describes procedures EPA staff may use to perform investigations of
administrative complaints under Title VI that allege adverse, disparate effects caused by permitting decisions.
In response to comments received by EPA, the Draft Revised Investigation Guidance differs from the Interim
Guidance by providing more detail and clarity. The new guidance presents more detailed explanations of the various
steps in an investigation and the actions that may be considered at each stage (such as, how it is expected a finding of
adverse impact will be reached or when an allegation likely will be dismissed). In addition, both guidance
documents define terms through examples and a glossary.
More than 120 written comments on the Interim Guidance were received from a broad range of interested parties.
Community groups, environmental justice organizations, state and local governments, industry, academia, and other
interested stakeholders also contributed to the development of the draft guidance documents through the Title VI
Implementation Advisory Committee established by EPA, as well as through many other meetings with stakeholders
during the past two years.
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possible attempts to make the documents as user-
friendly as possible, not only in format and
organization, but also by using "plain English."
The new documents also clearly outlines the step-
by-step approach EPA uses to determine whether
there will be an adverse impact, she said. The
specifics of every case, Ms. Goode pointed out, also
will be crucial in terms of allegations made by the
complainant and the resulting facts unearthed by
EPA's investigation.
Ms. Goode concluded her presentation by briefly
reviewing the time frame for issuing final guidance
on Title VI. After the 60 day public comment period,
Ms. Goode explained, OCR would analyze the
comments received and sign the final guidance
before the end of the current administration.
Mr. Whitehead expressed his concern that the
burden of proof continues to be placed on individual
complainants to demonstrate that violations are
being committed by recipients of Federal funds. Mr.
Whitehead explained further that he believes EPA
need not wait to investigate recipients of Federal
funds until an individual complaint is received. He
also requested that information be provided to the
NEJAC about the number of independent reviews
the Agency has conducted of a recipient's entire
program before waiting for an individual complaint to
be filed with EPA under Title VI.
Continuing, Mr. Whitehead also addressed the issue
of the number of backlogged cases that OCR has
not processed. He declared that EPA should not rely
on guidance to enforce the law. He recommended
that during the remaining months of the current
administration, the revised guidance be released,
and decisions made about some of the cases that
have been on the books for the past six to seven
years.
In response to Mr. Whitehead's concerns, Ms.
Goode discussed three major points: burden of
proof, program compliance review, and the issue of
backlogged Title VI cases. She stated that the new
guidance is very clear in stating that the burden of
proof is on EPA. Continuing, she stated that it is not
the burden of the complainants and that EPA has the
responsibility relative to receiving information from
the complainant to determine whether Federal
money is being spent inappropriately. Ms. Goode
then addressed the concern related to program
compliance review, agreeing with Mr. Whitehead that
there have been cases in which a complaint has
been rejected; but, EPA has continued to receive a
number of complaints in that area, suggesting that
there may be something "awry" in the program. She
informed Mr. Whitehead that the new guidance also
outlines EPA's authority to conduct reviews of
delegated programs. Finally, Ms. Goode addressed
the issue of backlogged cases, agreeing that the
backlog is a very real problem and stating that the
Agency is researching ways to increase resources to
address the issue.
Mr. Cole expressed his appreciation to Ms. Goode
for attending the meeting of the Enforcement
Subcommittee on the previous day; he then
reiterated several points that were discussed during
that meeting with Ms. Goode for the benefit of the
Executive Council. He expressed the importance of
community involvement related to the new
documents and also related to conducting reviews of
delegated programs.
Mr. Cole expressed concern the community groups
may not have sufficient time to read the documents,
digest them, work with technical advisors, and then
provide comments to OCR in an informed manner.
Ms. Goode addressed his concern by stating that all
community groups should have at least three weeks
to review the documents.
Ms. Goode also made a commitment to adding a
session at the end of July in Los Angeles, California.
She added that she would consider adding another
session in the final stages of the process in the
Washington, D.C. area to ensure that stakeholders
have adequate time to review the documents.
Mr. Cole then expressed similar concern and
frustration related to cases backlogged at EPA. He
expressed concern about EPA's ability to process
the existing 47 cases, while, he pointed out, the
Agency continues to receive new administrative
complaints. Mr Cole strongly urged Ms. Goode to
accelerate the process and resolve as many cases
as possible before the end of the current
administration. In response, Ms. Goode explained
that OCR does not have sufficient resources to
resolve the cases. She expressed her continued
commitment to the effort to resolve the resource
issue. The issues involved in resolving Title VI
complaints are extremely complex and require hours
of coordination among Federal agencies, Ms. Goode
pointed out.
Mr. Yang also expressed concern about the brief
time remaining to accomplish results related to Title
VI before the end of the current administration. He
then inquired about activities, other than those
related to Title VI, that OCR conducts to ensure
compliance with civil rights laws. Many issues and
concerns expressed by community groups, he
emphasized, cannot be addressed through the Title
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VI process. Ms. Goode informed Mr. Yang that OCR
is responsible not only for compliance with Title VI,
but also for the employment discrimination program
under Title VII of the Civil Rights Act of 1964, as well
as the Agency's affirmative employment program. In
the areas covered by those two programs, she
continued, OCR had made strides over the
preceding two years in improving its ability to provide
guidance, support, and oversight for the Agency's
affirmative employment and discrimination
complaints process. In addition, Ms. Goode stated,
OCR had initiated an alternative dispute resolution
pilot process as a means of encouraging informal
resolution of issues related to Title VII. Continuing,
she explained that the affirmative employment
program at EPA was being "retooled" to evaluate
more than just the numbers of people, but to include
job status, as well. Ms. Goode stated that OCR had
done a good job not only in improving the
representation of women and people of color, but
also in improving their numbers in policy-making
positions and senior-level ranks. She also informed
the NEJAC that OCR was working to ensure the
establishment of detailed accountability processes
and training and support mechanisms to address the
quality-of-life concerns of personnel at EPA.
Mr. Yang asked whether OCR was taking active
steps to investigate compliance, rather than waiting
for the finding of a-complaint. Ms. Goode responded
that there have been no compliance reviews related
to Title VI because, before 1994, EPA did not focus
on the issue, she continued, no guidance for the
conduct of compliance reviews has been developed.
Ms. Miller-Travis also .expressed concern about the
time frame for preparing the new draft guidance.
Ms. Goode again emphasized that OCR would work
diligently to complete the guidance. She explained
that OCR will use contractor support to summarize
the comments made on it and noted that she has the
support of senior managers for the effort to complete
that task as soon as possible.
4.3 Report on the Activities of the U.S.
Environmental Protection Agency Office of
International Activities
Mr. Alan Hecht, Principal Deputy Assistant
Administrator, EPA Office of International Activities
(OIA), began his discussion by emphasizing the
importance of the current meeting for environmental
justice on an international level. For the preceding
two weeks, he noted, OIA had hosted a delegation
from South Africa that had come to the United States
to learn about activities related to environmental
justice. During the delegation's two-week tour, its
member visited cities in the southeast, had the
opportunity to meet with officials in Atlanta, and
participated in the meeting of the International
Subcommittee of the NEJAC, he continued.
Mr. Hecht then offered a brief overview of issues
related to the U.S./Mexico border to be addressed in
the next year. He explained that EPA and several
other Federal agencies implement the Border XXI
program, which is at the end of its five-year life;
therefore, when the new administrations in both
Mexico and the United States have been elected, the
agencies will develop the next phase of the program,
he said. Mr. Hecht stressed that the Border XXI
program is a crucial initiative for communities along
the borderfrom San Diego, California to Brownsville,
Texas. Along the border, he explained, there are
two problems: (1) a legacy problem, specifically a
problem of neglect of issues related to the
environment, urban development, and natural
resources and (2) the explosive growth of border
communities, the fastest growing segment of the
population in both the United States and Mexico,
with a population projected to doubled by 2020. The
population increase, Mr. Hecht pointed out, will be
accompanied by an increase in urban development.
If urban planning is inadequate, he continued, such
development could further erode natural resources,
potentially causing conflict between the United
States and Mexico. EPA has made a commitment
to working with the Mexican government, a
particularly important step because a new
administration is to be elected, Mr. Hecht added.
Mr. Hecht reminded the members of the NEJAC that
OIA and the International Subcommittee of the
NEJAC had sponsored the Roundtable on
Environmental Justice on the U.S./Mexico Border
held in August 1999, in National City, California.
Exhibit 1-19 describes the activities conducted during
the roundtable meeting. At the end, OIA had been
presented with more than 100 recommendations to
act upon. Several developments had taken place as
a consequence of that meeting, Mr. Hecht continued.
First, he said, EPA regions 6 and 9 have increased
specific community-level activities and addressed
community problems identified at the meeting. Both
regional offices have developed an action plan for
addressing the needs identified during the roundtable
meeting, he said.
Continuing, Mr. Hecht explained that one or two
priority issues among the many that had been
identified are symbolic of the relationship between
the United States and Mexico, and also the
relationship between the environmental justice
communities on both sides of the border. One such
symbolic issue, Mr Hecht said, is the case of
abandoned contaminated sites in Mexico near the
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Exhibit 1-19
ACTIVITIES OF THE ROUNDTABLE
ON ENVIRONMENTAL JUSTICE
ON THE U.S7MEXICO BORDER
The Roundtable on Environmental Justice on the
U.S./Mexico Border was held in National City,
California August 19 through 21,1999.
Recommendations developed during the conference
included:
• Establishing an environmental justice border
commission.
• Identifying vacancies on border advisory
committees.
Applying the U.S. Environmental Protection
Agency (EPA) Region 9 Campo Tribal Model
for other areas.
• Increasing participation by local governments
and community groups in the decision-making
process.
An important part of the roundtable meeting was the
concurrent work group sessions that focused on
environmental justice and labor justice; immigration,
trade, and environment; indigenous peoples and
border justice; and environmental health issues along
the U.S.flvIexico border.
border, that once were operated by U.S. industries
and companies. Those sites, which have become
hazardous to communities living near them, have
become a symbol of the failure of government,
specifically a failure of society, to address an obvious
injustice, he said. Participants at the roundtable
meeting had urged EPA to cleanup those sites. Mr.
Hecht announced that EPA was pursuing every legal
means available to ensure that the sites are
restored; however, he noted, EPA has very limited
authority to take action related to sites that are
located in Mexico. Therefore, he continued, the
Agency had begun to think more broadly about other
possible approaches to the cleanup of those sites,
he said. EPA had turned to many industries in the
United States that redevelop brownfields properties,
he said. Without the impetus of the successful
roundtable meeting, Mr. Hecht explained, such
innovative thinking about how to address such
issues probably would not have occurred. He also
assured the members that such initiatives would
include community involvement components.
Mr. Hecht also explained that one of the
recommendations developed by participants in the
roundtable meeting requested a formal structure,
such as an advisory committee, through which
members of communities that have concerns about
environmental justice could play a role in the
development of the next phase of the Border XXI
program. Mr. Hecht stated that EPA would use
existing mechanisms and create new ones, if
necessary, to ensure community involvement. He
also pointed out the EPA has an existing Federal
advisory committee that was created specifically to
address environmental and infrastructure issues
related to the U.SVMexico border, frie Good
Neighbor Environmental Board (GNEB). Exhibit 1-
20 describes the mission of the GNEB. Mr. Hecht
then announced that Mr. Jose Bravo, Southwest
Network for Environmental and Economic Justice
and former member of the International
Subcommittee of the NEJAC, recently had been
appointed to serve as a member of the GNEB.
Exhibit 1-20
GOOD NEIGHBOR ENVIRONMENTAL
BOARD
The Good Neighborhood Environmental Board
(GNEB) was created by the Enterprise for the
Americas Initiative Act of 1992 (EAIA) (7 United
States Code Section 5404) to advise the President
and the Congress about environmental and
infrastructure issues and needs in the states
contiguous to Mexico. The statute requires that the
GNEB submit an annual report to the President and
the Congress. The GNEB submitted reports in
October 1995, April 1997, and July 1998. The
GNEB's 1997 and 1998 report translated into Spanish
and disseminated widely on both sides of the border.
The act requires that the membership of the board
include representatives of appropriate U.S.
government agencies; the governments of Arizona,
California, New Mexico, and Texas; and private
organizations, including community development,
academic, health, environmental, and other
nongovernment entities that have expertise on
environmental and infrastructure problems along the
southwest border.
A presidential Executive order delegates
implementation authority to the administrator of the
U.S. Environmental Protection Agency (EPA). The
GNEB, which operates under the Federal Advisory
Committee Act (FACA), meets three times annually
at locations along the U.S./Mexico border.
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Concluding his remarks, Mr. Hecht emphasized that
the roundtable meeting had been an important
milestone focused on specific environmental justice
issues and concerns along the border.
Mr. Arnoldo Garcia, Urban Habitat Program and
chair of the International Subcommittee of the
NEJAC, expressed his appreciation to Mr. Hecht for
his report and for the commitment of OIA. Mr.
Garcia pointed out that one of the priority issues EPA
must address is toxic waste sites, specifically those
located in Tijuana, Candados Prestos, and
Tamaulipas. He stated that EPA must do additional
work in those areas. Mr. Garcia also informed the
NEJAC that another priority recommendation
requested the formation of a border environmental
justice commission that would play a role with EPA
in providing oversight and monitoring of the
implementation of the EPA regional and border
environmental justice plans.
Continuing, Mr. Garcia explained that the issue of
"legacy" wastes is significant because the border
region has been affected by contamination left
behind by departing industries and other entities, as
have so many other low-income and communities of
color. He expressed his belief that EPA faces many
challenges in addressing the legacy issue.
Therefore, Mr. Garcia pointed out, the creation of a
border commission on environmental justice would
be a crucial step ensuring that communities have
their own venue through which to voice their
concerns and participate in decision-making
processes. Mr. Garcia concluded his remarks by
expressing his appreciation to the staff of EPA
regions 6 and 9 for their efforts following the
roundtable meeting.
Mr. Goldtooth commented that the International
Subcommittee had requested that the Indigenous
Peoples Subcommittee also participate in the
roundtable meeting. He explained that the Fort
Mojave Tribe, as well as a consortium of five tribes
that live along the Columbia River, had requested
that EPA Region 9 arrange a meeting with the
governor of California about potential groundwater
contamination from the proposed Ward Valley dump
for low-level radioactive material. He asked whether
there had been any developments in this area. In
addition, Mr. Goldtooth stated that EPA must
conduct better outreach to tribal citizens living along
the border and involve them in decision-making
processes.
Mr. Hecht responded by stating that EPA Region 9
had been working diligently to identify
recommendations developed by the participants in
the roundtable meeting, but that he would follow-up
to determine whether the region had been
successful in arranging a meeting with the governor.
Addressing Mr. Goldtooth's other concern, he
explained that the definition of "tribal" differs in the
United States and Mexico. However, he noted, EPA
is committed to working with the Mexican
government to encourage public participation at all
levels.
4.4 Presentation on the Creation of the Puerto
Rico Subcommittee of the National
Environmental Justice Advisory Council
Mr. William Muszynski, Deputy Regional
Administrator, EPA Region 2, provided an update on
the efforts of EPA Region 2 to improve and protect
the environment in Puerto Rico. He explained that
EPA Region 2 includes the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, and the states of New
York and New Jersey, as well as seven Federally
recognized tribes. Mr. Muszynski then announced
that the creation of a new NEJAC subcommittee on
Puerto Rico had been approved by the EPA
Administrator. Exhibit 1-21 provides a list of the
members of the subcommittee who have been
appointed to date. Mr. Muszynski explained that the
subcommittee would have 12 members and that Dr.
Carlos Padin, Dean of the Metropolitan University of
San Juan, Puerto Rico, was to be the first chair of
the new subcommittee. Ms. Teresita Rodriguez,
EPA Region 2 Caribbean Environmental Protection
Division in Puerto Rico, would serve as the DFO for
the subcommittee, he said. The members, he
continued, represent a variety of backgrounds,
including academia; grassroots and community-
based organizations; government; and industry.
Exhibit 1-21
MEMBERS OF
PUERTO RICO SUBCOMMITTEE
Dr. Carlos Padin, Chair
Teresita Rodriguez, DFO
Rosa Corrada
Eris Del Carman Galan-Jimenez
Iris Cuadrado Gomez
Juan C. Gomez-Escaree
Jennifer Mayo
Graciela Ramirez-Toro
Rosa Hilda Ramos
Efrain Emmanueli Rivera
Jose Cruz Rivera
Rafael Robert
Michael Szendry
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Mr. Muszynski then explained that Puerto Rico has
unique geopolitical, cultural, language,
socioeconomic, and environmental concerns;
therefore, unique and creative approaches will be
necessary to resolve those concerns, he continued.
The island is densely populated, having
approximately 3.6 million residents, he said. Mr.
Muszynski also stated that the residents of Puerto
Rico and local government agencies have had
difficulty working together to address the
environmental and environmental justice issues that
affect communities. He expressed his hope that the
creation of the new subcommittee of stakeholders
from Puerto Rico would increase the representation
of such stakeholders and the meaningful
involvement in the environmental decision-making
process that affects their communities. He also
expressed his belief that the new subcommittee
would serve as a vehicle for a more collaborative
effort by bringing together government, industry,
academia, and residents of Puerto Rico to identify
and resolve environmental concerns and
environmental justice issues.
In addition, EPA Region 2 had embarked on a
continuous expansion of the Agency's on-site
presence in Puerto Rico and the Virgin Islands,
continued Mr. Muszynski. He announced that the
region's Caribbean field office had been elevated to
the Carribean Environmental Protection Division. Its
staff had been increased from approximately 20 in
1995 to 47, with the continuing hope of expanding
the staff to 60, he said. EPA Region 2, he continued,
also had established a new EPA field office in the
Virgin Islands.
Finally, Mr. Muszynski described the development of
the region's translation policy, which focuses on the
translation of documents into Spanish. The goal of
the program is to increase community involvement
and understanding, he stated.
Mr. Lee explained that the creation of the
subcommittee represents EPA's Region 2 long-term
and substantial commitment to addressing
environmental justice issues in Puerto Rico. Mr. Lee
then welcomed Dr. Padin as a new member of the
Executive Council of the NEJAC. Dr. Padin
expressed his hope that the new subcommittee will
open channels of communication among
government agencies, industry, academia, and
communities to resolve the environmental issues
that affect Puerto Rico.
4.5 Presentation on Executive Order 13125
Mr. Lee informed the members of the NEJAC that
President Clinton recently had issued Executive
Order 13125 on Asian Americans and Pacific
Islanders. Mr. David O'Connor, Deputy Assistant
Administrator, EPA Office of Administration and
Resources Management (OARM), was unable to
attend, Mr. Lee said. However, Ms. Maria
Hendriksson, Special Assistant to the Director Off ice
of Human Resources, EPA OARM, was to provide
the report on the Executive order as well as the
White House Initiative on those populations, he
explained.
Ms. Hendriksson described Asian Americans and
Pacific Islanders as an emerging population that is
"slowly but surely" gaining political, economic, and
community consciousness. In January 2000, Ms.
Hendriksson stated Los Angeles, California, had
established the first official Thai Town" in the United
States because 75 percent of all local businesses in
that community are Thai-owned. Ms. Hendriksson
also stated that the 2000 census had been the first
time the Federal government had collected
nationwide data on Asian Americans and Pacific
Islanders. Previously, the population group, she
explained, had been listed on the census form in the
"Other" category, thereby creating a large data gap,
she said.
The population group faces many challenges, she
continued. For example, 75 percent of Asian
Americans and Pacific Islanders in this country are
foreign-born, and fifty percent do not speak English
as their primary language, she continued. Ms.
Hendriksson explained that EPA has found Asian
Americans and Pacific Islanders are not involved
because they believe they are not affected adversely
by environmental and health problems. Rather, she
said, they lack awareness of environmental health
issues and refrain from exercising a political voice.
The challenge of conducting sufficient outreach is
made even more difficult, she noted, because many
individuals in the population group have only limited
proficiency in English.
Continuing, Ms. Hendriksson explained the
significance of the particular Executive order. She
stated that the order had been issued in an effort to
improve the quality of life of Asian Americans and
Pacific Islanders in this country through increased
participation in Federal programs. It is the most
significant and comprehensive Executive order ever
issued for that minority group, she said. The
Executive order also is comprehensive, she said,
because it involves social, health, transportation, civil
rights, commerce, and environmental services~the
gamut of Federal programs.
The goals of the Executive order, she pointed out,
are to (1) increase participation in Federal programs
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in which the Asian American and Pacific Islander
community is underserved; (2) to collect and
maintain statistical data on such populations and
subpopulations; (3) to increase the public-sector,
private-sector, and community involvement in the
health and well-being of Asian Americans and
Pacific Islanders; and (4) to foster research and data
collection on the health of the entire community. The
White House Initiative on Asian Americans and
Pacific Islanders, which evolved from the Executive
order, established two distinct bodies, a private and
a public sector group, she noted. The public-sector
group, she explained, is made up of the deputy
secretaries of various Federal agencies, and the
private-sector group is the Presidential Advisory
Commission, which is made up 15 Asian American
and Pacific Islander leaders representing businesses
and community groups.
Ms. Hendriksson then announced that EPA currently
was conducting an inventory of all EPA activities that
are related to Asian Americans and Pacific Islanders.
Using the results of the inventory, she explained,
EPA was to develop a implementation plan for fiscal
year 2001 that would describe the future actions by
which the Agency plans to address the needs of that
particular population. She also explained that the
two products will be examined, along with other
information about relevant activities of other Federal
agencies to determine the state of Asian Americans
and Pacific Islanders in the United States.
Ms. Hendriksson requested that the NEJAC give
greater emphasis to focus issues related to Asian
Americans and Pacific Islanders in its deliberations.
Concluding her remarks, Ms. Hendriksson identified
several activities that she suggested the Federal
government should implement: (1) conduct a needs
assessment of the environmental and health effects
on Asian Americans and Pacific Islanders; (2)
understand the underlying socioeconomic and
cultural dynamics of the population; (3) increase
participation of the population in decision-making
processes; (4) compile a directory of Asian American
and Pacific Islander community groups and business
associations; and (5) conduct additional outreach to
such communities.
Mr. Yang urged that EPA continue to conduct
outreach to Asian Americans and Pacific Islanders
because it is an underserved community. However,
he explained, there are several other important
reasons to undertake such an effort. First, he
explained, language barriers are a key issue to
greater involvement and the delivery of services to
Asian American and Pacific Islander communities
because of the different levels of understanding in
communities about benefits, government services,
and the dangers of toxic and hazardous chemicals.
For example, he pointed out, a person who is unable
to read a warning label is unable to take the
necessary precautions the label prescribes.
In addition, Mr. Yang stressed the importance of
addressing issues related to the consumption of
contaminated fish. He expressed concern because
many refugee, immigrant, and low-income
communities rely on substance fishing to supplement
their diets. Mr. Yang also emphasized the issue of
occupational health, stating that minority workers are
being targeted for jobs that involve the handling of
toxic and hazardous chemicals. Ms. Miller-Travis
asked whether there was a plan in place to keep the
NEJAC informed about activities conducted under
the White House initiative. Mr. Lee responded that
OEJ currently was working on a strategy to continue
to coordinate efforts. In addition, Mr. Lee explained,
OEJ was working to arrange briefings for EPA
environmental justice coordinators on the issue.
5.0 REPORTS OF THE SUBCOMMITTEES
On May 25, 2000, each subcommittee met for a full
day. 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. Appendix A of this
meeting summary presents the full text of the
resolutions that were approved by the Executive
Council. Chapters three through eight present
detailed summaries of the deliberations of each of
the subcommittees.
5.1 Air and Water Subcommittee
Ms. Annabelle Jaramillo, Office of the Governor,
State of Oregon and vice chair of the Air and Water
Subcommittee of the NEJAC, reported on the
activities of the Air and Water Subcommittee. Ms.
Jaramillo requested that the Executive Council
consider and approve a proposed resolution on
mercury emissions. Mr. Whitehead explained that
the proposed resolution requests that the NEJAC
recommend to the EPA Administrator that the
Agency make a determination to regulate mercury
emissions from coal-fired electrical power plants. He
also explained that coal-fired electrical power plants
are the nation's largest source of mercury emissions
and that such emissions are unregulated. In
addition, Mr. Whitehead declared that such mercury
emissions primarily affect people of color and
indigenous populations because the emissions
eventually contaminate fish tissue. The two
populations, Mr. Whitehead pointed out, consume
fish from contaminated lakes and rivers much more
frequently than other populations. The members of
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the Executive Council approved the resolution with
one abstention.
Continuing, Ms. Jaramillo explained that the Air and
Water Subcommittee was to create a joint work
group with the Waste and Facility Siting
Subcommittee to review EPA OSWER's draft
guidance on reducing toxic loadings. She also
stated that the members of the subcommittee had
agreed to expand the subcommittee's work group on
fish consumption to include members of the
Indigenous Peoples Subcommittee. The work
group, she said, would investigate the health effects
on indigenous populations of the consumption of
contaminated fish.
5.2 Enforcement Subcommittee
Mr. Cole requested that the Executive Council
consider and approve a proposed resolution on
multiple chemical sensitivity. Mr. Cole explained that
multiple chemical sensitivity is a condition that
affects thousands of people in which there has been
some type of trigger exposure to a chemical that
then makes people extremely susceptible to what
other people would consider low-level exposures to
chemicals. In those individuals, he continued, such
exposures cause a variety of symptoms. The
proposed resolution, Mr. Cole explained, requests
that the NEJAC recommend that EPA work with
other agencies to study the incidence of multiple
chemical sensitivity in minority communities and low-
income communities, especially those heavily
affected by environmental pollutants. Mr. Goldtooth
offered an amendment to the resolution to add tribes
to the list of the affected populations. The Executive
Council approved the resolution as amended.
Mr. Cole then discussed the proposed resolution on
concentrated animal feeding operations (CAFO). He
explained that, during public comment periods over
a period of two years, the Executive Council and the
Enforcement Subcommittee had heard extensive
testimony about adverse health effects caused by
the operations of CAFOs and environmental justice
concerns related to them. Mr. Cole made several
points about the resolution: (1) the proposed
resolution represented only the beginning of the
NEJAC's advice and recommendations to the EPA
on CAFOs; (2) the Enforcement Subcommittee was
to develop a report to the Agency that will provide
recommendations; and (3) the resolution had been
revised in light of a presentation on CAFOs made to
the Air and Water Subcommittee.
Ms. Jane Stahl, Deputy Assistant Commissioner,
Connecticut Department of Environmental
Protection, expressed concern about the new points
in the resolution because of the language used,
particularly the request to aggressively "crack down"
on states. She suggested that the Executive Council
postpone the vote on the resolution until the more
extensive report Mr. Cole had referred to had been
developed. Ms. Wood also expressed concern
about how states were addressed. The NEJAC
should encourage states to address environmental
justice issues, she said, she believes that the tone of
the resolution did not convey this message. Mr. Cole
declared that he understood such concerns. He
then stated his belief that the issues could be
resolved in the planned report that was to set forth a
stronger and broader policy statement. The
members of the Executive Council approved the
resolution on CAFOs, with two votes against it.
Mr. Cole then presented a resolution to the
Executive Council to create a work group of the
Enforcement Subcommittee to research and
investigate, environmental justice issues related to
Federal facilities, and provide recommendations to
the NEJAC. The Executive Council approved the
resolution by creating a work group of the Executive
Council to address environmental justice issues at
Federal facilities.
Mr. Cole then asked that Mr. Turrentine forward to
the EPA Administrator a letter that addresses EPA's
implementation of the clean fuels program. He
noted that the Enforcement Subcommittee pointed
out to OAR on several occasions that there are ways
to undertake the process of retrofitting refineries,
which most often are located in communities of
color, that reduce emissions. It is predicted, Mr.
Cole pointed out, that the retrofits that refineries
currently are undertaking to produce cleaner fuels
will increase emissions at those refineries. The
Executive Council approved the request that Mr.
Turrentine forward the letter to the EPA
Administrator.
Ms. Shirley Pate, Office of Enforcement Capacity
and Outreach, EPA OECA, and DFO of the
Enforcement Subcommittee, then reported on the
activities of the Enforcement Subcommittee. She
began her presentation by stating that the
Enforcement Subcommittee had met with Ms.
Lowrance and received a commitment from Ms.
Lowrance to involve the members of the
subcommittee in various stages of OECA's strategic
planning process.
The public health focus of the agenda addressed the
general theme of identifying health data or indicators
EPA should use to improve its enforcement targeting
resources, continued Ms. Pate. She reported that
the subcommittee also heard presentations from Dr.
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Maureen Lichtveld, CDC; Ms. Juanita Burney, a
nurse from Richmond County, Georgia; and Dr. Tim
Aldrich, South Carolina Department of Environment
and Control. All three presentations focused on
improving health indicators, she noted.
In addition, Ms. Pate stated that the subcommittee
had heard a presentation on CAFOs by Dr. Steve
Wing, University of North Carolina, and Mr. Gary
Grant, Concerned Citizens of Tillery County. The
presentation, Ms. Pate explained, deepened the
subcommittee's concern that environmental justice
issues related to CAFOs should be addressed.
Ms. Pate concluded her report by stating that the
members of the subcommittee had conferred with
Ms. Goode about EPA's implementation of Title VI.
The subcommittee, Ms. Pate stated, agreed to
produce a report on Title VI that was to include a
discussion of the difficulties encountered by
communities that file administrative complaints
under Title VI. The report also will provide a
chronological description of EPA's lack of progress
in the processing of Title VI cases, she said. The
report also will make recommendations to the
Agency for improvements in Title VI guidance, she
added.
5.3 Health and Research Subcommittee
Dr. Payton reported on the activities of the Health
and Research Subcommittee. In December 1999,
the Health and Research Subcommittee had
recommended that the May 2000 meeting of the
NEJAC focus on public health issues related to
environmental justice.. As part of the subcommittee's
agenda, an interagency forum was held to discuss
how Federal agencies could better coordinate and
collaborate to develop an integrated public health
agenda, she reported.
Dr. Payton requested that the Executive Council
consider and approve a resolution on the decision
tree framework for community-directed
environmental health assessment developed by the
Working Groupon Community Environmental Health
Assessment of the Health and Research
Subcommittee. She explained that the working
group had met for the second time and developed
recommendations related to community-directed
environmental health assessments. She expressed
her belief that the decision tree framework is an
important tool that will help to empower and educate
environmental justice communities about issues
related to community environmental health
assessment, intervention, and prevention strategies.
The resolution also requested that the NEJAC
recommend that EPA provide funding for the design
and development of the decision tree framework and
requested that the terms of the work group members
be extended to complete the framework. The
members of the Executive Council voted to approve
the resolution, with one abstention.
In addition, Dr. Payton stated that the members of
the subcommittee were to be prepare for
consideration by the Executive Council a resolution
that would recommend that EPA include criteria in
the Agency's permitting processes to protect
communities that have comparatively poor health
from the approval of the siting of additional pollution-
releasing facilities in such communities. Dr. Payton
also stated that the subcommittee was to develop a
resolution that would recommend that EPA establish
an effective national facility registry system for all
operating facilities that emit hazardous chemicals.
Concluding her report, Dr. Payton announced that
the subcommittee was to be develop a resolution to
support the creation of a work group of the NEJAC
to address issues of concern related to the Mossville
community in Louisiana.
5.4 Indigenous Peoples Subcommittee
Mr. Goldtooth began the subcommittee report by
requesting that the Executive Council consider and
approve a proposed resolution recommending that
the United States support the elimination of
unintentional byproducts of dioxin. The proposed
resolution, he explained, had three key points: (1)
encourage EPA in its negotiation of the global treaty
on persistent organic pollutants (POP) to support
language in the treaty that emphasizes reduction,
pollution prevention, and a gradual phase-out of
dioxin-producing materials and technologies, with the
ultimate aim the elimination of the dioxin; (2) request
that EPA support language in the treaty that supports
rapid phase-out of all remaining uses of PCBs and
the cleanup of soils and sediments contaminated by
PCBs and other POPs; and (3) request that the EPA
treaty negotiation team consult with all American
Indian and Alaskan Native tribes before and
throughout the entire international negotiation
process about the important issue that affects the
health, welfare, environment, and overall survival of
tribal nations in the United States and indigenous
peoples throughout the world. Members of the
Executive Council approved the resolution, with one
abstention.
Ms. Jana Walker, Law Office of Jana L. Walker and
member of the Indigenous Peoples Subcommittee of
the NEJAC, then reported on the activities of the
Indigenous Peoples Subcommittee. She announced
that the subcommittee had agreed to coordinate with
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the Waste and Facility Siting Subcommittee's work
on two environmental justice issues that involve
Native groups and tribes: the proposed Gregory
Creek landfill, located near six Indian reservations,
and the continued use of a bombing site on Nomans
Island, near the Wampanoag Tribe of
Massachusetts.
In addition, Ms. Walkerstated that the subcommittee
had distributed a revised draft of the Guide on
Consultation in Public Participation with Tribes. She
stated that the comments on the draft were due by
August 15, 2000. She explained that the guide had
been developed because of the unique political
status of Indian tribes, their govemment-to-
government relationship with the Federal
government, and the Federal government's trust
responsibility to them. The guide, she explained, is
intended to help government agencies participate in
a meaningful consultation process with tribes.
The Indigenous Peoples Subcommittee, she
continued, also was to continue to coordinate with
the International Subcommittee's follow-up efforts
related to the Roundtable on Environmental Justice
on the U.S./Mexico Border. The members of the
subcommittee also had approved a letter addressed
to Mr. Hill that reaffirms a request made by the
subcommittee in 1998 that a meeting of the NEJAC
be held in Alaska to address the wide range of
issues of concern to Alaska Natives.
5.5 International Subcommittee
Mr. Garcia requested that the Executive Council
approve the creation of two new work groups, of the
subcommittee. He requested that a work group be
created to address environmental concerns related
to the conditions that farm workers work under and
that a second work group be created to ensure
follow-up related to the Roundtable on
Environmental Justice on the U.S./Mexico Border, so
that recommendations developed at the meeting will
be addressed. The Executive Council approved
both work groups.
Mr. Cuevas then began the discussion of the
activities of the International Subcommittee. He
began by stating that the meeting had focused on
issues related to the enforcement of pesticide
regulations and the conditions related to the use of
pesticides that farm workers must work under. The
subcommittee, Mr. Cuevas explained, had heard
presentations on improving the health of farm
workers; the success story of Barrio Logan, San
Diego, California; Lake Apopka, Florida and farm
worker health; initiatives undertaken by the EPA
Office of Prevention, Pesticides, and Toxic
Substances (OPPTS); and a report offered by EPA
Region 10 on the effects of farm worker protection
standards.
Mr. Yang continued the discussion of the activities of
the International Subcommittee by addressing future
agenda items. The subcommittee, he explained,
had had a productive meeting with Mr. Hecht on
areas within the responsibility of OIA in which the
subcommittee can offer assistance. Those areas,
he pointed out, range from events aiong the
U.S./Mexico Border and potential work on OlA's
influence on multilateral development banks to
human rights issues and trade and the environment.
Mr. Yang also stated that the subcommittee had
conducted extensive discussion of significant follow-
up issues related to the U.S./Mexico Border. Mr.
Yang concluded his report by highlighting issues
discussed during a dialogue session between the
members of the subcommittee and the delegation
from South Africa.
5.6 Waste and Facility Siting Subcommittee
Ms. Miller-Travis reported on the activities of the
Waste and Facility Siting Subcommittee. Ms. Miller-
Travis noted that the subcommittee and EPA
OSWER remain committed to continue their work
with the Waste Transfer Stations (WTS) Work
Group of the subcommittee on the development of a
draft status report, EPA's Municipal Solid Waste
Transfer Station Action Strategy. She reminded the
members of the Executive Council that, in March
2000, the NEJAC approved and forwarded to the
EPA Administrator the work group's report, The
Regulatory Strategy for Siting and Operating Waste
Transfer Stations. Continuing, she explained that
Mr. Timothy Fields, Jr., Assistant Administrator of
EPA OSWER, had responded quickly to the
recommendations set forth in the report of the work
group. Included in the action strategy, she
continued, are specific action items related to WTSs
that EPA regions 2 and 3 should undertake.
In addition, she explained that the subcommittee had
agreed to provide OSWER with points of contact to
inform the subcommittee of OSWER's
implementation of best management practices
related to WTSs. One of the commitments included
in the action strategy is the development of a guide
to best management practices related for WTSs for
local and state governments, said Ms. Miller-Travis.
The members of the Waste and Facility Siting
Subcommittee, she explained, also recommended to
the NEJAC that a mechanism be developed to
ensure the participation of the NEJAC in EPA's
development of risk assessments.
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Continuing, Ms. Miller-Travis informed the Executive
Council of a request the subcommittee had received
from communities living in East Liverpool, Ohio near
an incinerator operated by WTI. The members of
the subcommittee had asked Mr. Michael Shapiro,
Deputy Assistant Administrator of EPA OSWER, to
specifically address the concerns expressed by the
community and to work with EPA Region 5 to ensure
that compliance issues related to the ongoing
operations of the incinerator in East Liverpool, Ohio
are resolved, she said. In addition, she continued,
the members of the subcommittee also had received
assurances from EPA regions 4 and 6 that they
would develop statistical information on permit
compliance and enforcement actions taken in the
states of Alabama, Georgia, Mississippi, and Texas
and that they would provide that information to the
Alabama African-American Environmental Justice
Action Network and the Southern Organizing
Committee for Economic and Social Justice.
Continuing her report, Ms. Miller-Travis explained
thatthe subcommittee would address environmental
justice concerns associated with issues related to
Federal facilities that had been raised by the
Wampanoag Tribe of Massachusetts regarding
operations conducted by the Department of the Navy
(Navy) at Nomans Island, Massachusetts. She
explained that the Office of the Secretary of the
Environment of the State of Massachusetts and the
Massachusetts Department of Environmental
Protection had requested that the subcommittee
address, in conjunction with EPA, environmental
justice issues related to the ongoing use of Nomans
Island as a bombing site.
Ms. Miller-Travis then addressed three items related
to Mossville, Louisiana. Members of the
subcommittee had agreed to meet with
representatives of EPA and ATSDR to formulate a
plan for conducting a public health response to the
exposure investigation of dioxins conducted by
ATSDR at Mossville, Louisiana, she said. The
subcommittee, she explained, also had agreed to
work with staff of EPA Region 6 and the residents of
Mossville to resolve various issues of concern
related to the community. Finally, Ms. Miller-Travis
stated thatthe subcommittee would recommend that
a resolution be developed to support the creation of
a work group of the NEJAC to assist ATSDR and
EPA in ensuring that government agencies follow
environmental justice public participation principles
and to focus on the resolution of issues of concern to
the community of Mossville, Louisiana.
Concluding her report, Ms. Miller-Travis requested
that the members of the Executive Council obtain a
copy of EPA's Social Aspects of Siting Resource
Conservation and Recovery Act [RCRA] Hazardous
Waste Facilities. She recommended that the
members and the public review the document.
6.0 FOLLOW-UP ON ISSUES RELATED TO
ENVIRONMENTAL JUSTICE
AND THE ISSUANCE OF PERMITS
In its continuing efforts to provide independent
advice to the EPA Administrator in areas related to
environmental justice, the NEJAC focused its
fourteenth meeting held in December 1999 in
Arlington, Virginia on permitting and environmental
justice. As chair of the special work group created
by the NEJAC on permits, Ms. Miller-Travis
announced that through a mail ballot conducted
before the current meeting, the members of the
Executive Council had approved a report that
provided recommendations to the EPA Administrator
for integrating the principles of environmental justice
into the permitting process. She enumerated the
crucial recommendations included in the report: (1)
the need to clarify the legal authority the permit writer
has to address environmental justice issues in
permitting; (2) the need to clarify substantive permit
criteria, including cumulative effects, degree of risk,
community demographics and disproportionality of
risk; (3) the need to consider community involvement
in the decision-making process as it is related to
permitting decisions; (4) the need to ensure
enforcement of permits; and (5) the need to consider
the relationship between land use zoning and
environmental decisions.
Ms. Wood asked how comments she had submitted
on the report had been integrated into the document.
Mr. Turrentine explained that he and OEJ had
received the comments after the report had been
completed. Ms. Wood requested that her comments
be entered into the record of the NEJAC. Mr. Hill
responded that the letter would be entered into the
record.
7.0 CLOSING REMARKS
Mr. Hill explained that many communities lack
resources to address environmental justice issues.
Therefore, he announced, OEJ had established the
Community Internship Program to supervise student
training opportunities in grassroot organizations to
learn how these organizations address
environmental problems. Mr. Hill then identified the
15 organizations students are training with. Exhibit
1-22 lists these 15 organizations.
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National Environmental Justice Advisory Council
Executive Council
Exhibit 1-22
U.S. ENVIRONMENTAL PROTECTION
AGENCY ENVIRONMENTAL JUSTICE
COMMUNITY INTERN PROGRAM FOR
SUMMER 2000
This list presents the community organizations that
received grants to provide students training
opportunities.
O.N.E./C.H.A.N.E., Hartford, Connecticut
Comite Timon de Calidad Ambiental, Manati,
Puerto Rico
Jesus People Against Pollution, Columbus,
Mississippi
• Southern Organizing Committee for Economic
and Social Justice, Atlanta, Georgia
• Harambee House/Citizens for Environmental
Justice, Savannah, Georgia
Indigenous Environmental Network, Bemidji,
Minnesota
• People Organized in Defense of Earth and her
Resources, Austin, Texas
• Citizens Against Contamination, Mossville,
Louisiana
• Front Range Earth Force, Denver, Colorado
• Colorado's People's Environmental and
Economic Network, Denver, Colorado
• Native Action, North Cheyenne Indian
Reservation, Lame Deer, Montana
• International Institute for Indigenous Resource
Management, Denver Colorado
• Red Rock Foundation, Carefree, Arizona
• Resources for Sustainable Communities,
Bellingham, Washington
Mr. Lee concluded the meeting of the NEJAC by
announcing that approximately 540 participants had
attended. Mr. Lee pointed out the "real connection"
experienced during the meeting between
government agencies and communities that have
environmental justice concerns. He also expressed
his hope that lessons learned in the planning for the
meeting will be applied in preparing for future
meetings. He concluded with an announcement that
the December 2000 meeting of the NEJAC to be
held in Arlington, Virginia, was to focus on
interagency implementation of environmental justice.
8.0 SUMMARY OF APPROVED
RESOLUTIONS AND LETTERS
FORWARDED TO THE
U.S. ENVIRONMENTAL PROTECTION
AGENCY ADMINISTRATOR
This section presents a summary of the letter to the
EPA Administrator and summarizes resolutions that
were discussed by the subcommittees and approved
by the Executive Council of the NEJAC during the
meeting. Appendix A provides the full text of each
resolution.
The NEJAC approved the following resolutions:
• The NEJAC recommends that EPA address
environmental justice issues related to POPs.
• The NEJAC supports EPA's efforts to regulate
mercury emissions from coal-fired power plants.
• The NEJAC recommends that EPA work with
other agencies to study the incidence of multiple
chemical sensitivity in minority communities and
low-income communities, especially those
heavily impacted by environmental pollutants.
• The NEJAC urges EPA to commit additional
resources to remedy pollution and environmental
justice issues associated with the siting and
expansion of large-scale CAFOs in minority and
low-income communities and in Indian country.
• The NEJAC request that EPA approve the
creation of a work group of the Executive
Council of the NEJAC to address environmental
justice issues related to Federal facilities.
• The NEJAC request that EPA approve the
request of the Health and Research
Subcommittee to extend the term of the
members of the Working Group on Community
Environmental Health Assessment to maintain
continuity of the development of the Decision
Tree Framework.
The NEJAC also approved the following letter to the
EPA Administrator:
• The NEJAC urges EPA to address potential
health effects caused by the promulgation of
Tier 2 regulations.
Atlanta, Georgia, May23 through 26,2000
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Executive Council
National Environmental Justice Advisory Council
The NEJAC also approved the following work groups
of the International Subcommittee to address issues
related to environmental justice:
• Farmworker Work Group of the International
Subcommittee to address environmental
concerns related to the conditions that
farmworkers work under.
• Follow-up to the International Roundtable on
Environmental Justice Work Group of the
International Subcommittee to continue to
address recommendations developed at the
roundtable meeting held in August 1999 in
National City, California.
The members of the NEJAC also approved the
Decision Tree Framework for Community-Directed
Environmental Health Assessment that was
developed by the Working Group on Community
Environmental Health Assessment of the Health and
Research Subcommittee.
1-40
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-------
MEETING SUMMARY
of the
PUBLIC COMMENT PERIODS
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 23 and 24, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
'•-£*
Charles Lee Haywood Turrentine
Office of Environmental Justice Chair
U.S. Environmental Protection Agency
Designated Federal Official
-------
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-------
CHAPTER TWO
SUMMARY OF THE
PUBLIC COMMENT PERIODS
1.0 INTRODUCTION
During its meeting in Atlanta, Georgia, the Executive
Council of the National Environmental Justice
Advisory Council (NEJAC) held two public comment
periods, the first on Tuesday evening, May 23,2000
and the second on the evening of Wednesday, May
24, 2000. During the two sessions, 61 individuals
offered comments.
This chapter presents summaries of the testimony
the Executive Council of the NEJAC received during
the public comment periods and the comments and
questions that the testimony prompted on the part of
the members of the Executive Council. Section 2.0,
General Public Comment Period Held on May 23,
2000, summarizes the presentations on general
environmental justice issues offered on that date,
along with the dialogue those presentations
prompted. Section 3.0, Focused Public Comment
Period Held on May 24, 2000, summarizes the
testimony offered related to community
environmental health and environmental justice
issues during the public comment period held on that
date and the dialogues between the presenters and
the members of the Council that followed those
presentations.
Opening the fifteenth meeting of the NEJAC, Mr.
Haywood Turrentine, Executive Director, Laborers
Education and Training Tru'st Fund (an affiliate of the
Laborers International Union of North America) and
chair of the Executive Council of the NEJAC,
thanked the members of the council and the public
who had traveled considerable distances to attend
the meeting. Mr. Turrentine requested that
commenters adhere to the specified guidelines to
ensure that everybody on the schedule would have
an opportunity to speak. He also asked that
members of the Executive Council to focus on
expressing questions and observations in response
to the issues presented. Mr. Turrentine added that
members of the council would be welcome to ask
questions intended to clarify a comment offered.
2.0 GENERAL PUBLIC COMMENT PERIOD
HELD ON MAY 23, 2000
This section summarizes the comments presented
to the Executive Council during the general public
comment period held on May 23, 2000, along with
the questions and observations those comments
prompted among members of the Executive Council.
Comments are summarized below in the order in
which they were offered.
2.1 Elizabeth Crowe, Chemical Weapons
Working Group, Berea, Kentucky
Ms. Elizabeth Crowe, Chemical Weapons Working
Group (CWWG), Berea, Kentucky, stated that her
organization is a national coalition that works to
ensure the safe disposal of chemical weapons in the
continental United States and U.S. territories located
in the Pacific. Ms. Crowe noted that she had spoken
at the previous meeting of the NEJAC, held in
Arlington, Virginia in December 1999. At that time,
she said, she had discussed environmental
injustices within the U.S. Department of Defense's
(DoD) chemical weapons disposal program and
chronic problems associated with the U.S.
Department of the Army's (Army) chemical weapons
incinerators in the Pacific and in Utah. The Army
has illogically insisted on constructing additional
incinerators in minority communities located in
Oregon, Alabama, and Arkansas, continued Ms.
Crowe, despite the availability of safer, more
acceptable non-incineration disposal technologies.
Ms. Crowe stated that, since the December meeting
of the NEJAC, Mr. Gary Harris, a former employee
of the Utah incinerator, had alleged that, to maintain
the Army's operating permits, the Army and its
contractor intentionally falsified information
submitted to the state of Utah. Those allegations
corroborate handwritten statements and
memorandums released to the CWWG by Mr. Steve
Jones, safety manager at the Utah incinerator, she
stated.
On Monday, May 8, 2000, she continued, when
chemical agents were released from the incinerator
smokestack, the Army waited four hours before
notifying county officials. The public was not notified
until Wednesday, May 10, she added. Further, she
pointed out, requests for basic information about the
incident made by citizens during a public meeting
were ignored.
Ms. Crowe stated that the U.S. Environmental
Protection Agency (EPA) is poised to grant the Army
a permit to burn shipping tubes laden with
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polychlorinated biphenyls (PCB) in the incinerators.
The permit is applicable to any chemical weapons
incinerator, including the one in Anniston, Alabama,
she said, but a public hearing was held only in Utah.
Ms. Crowe pointed out that minority communities
should not be subjected to the risks that incinerators
capable of releasing live chemical agents pose when
safer non-incineration technologies have passed
demonstration tests successfully.
Ms. Crowe then expressed her belief that the
existing subcommittees of the NEJAC are not well
equipped to handle issues related to Federal
facilities. She requested support from the NEJAC in
"pulling" permits for chemical weapons incinerators
in favor of safer, non-incineration technologies.
Mr. Tom Goldtooth, Indigenous Environmental
Network and chair of the Indigenous Peoples
Subcommittee of the NEJAC, stated that he was
aware of several of the facilities Ms. Crowe referred
to. Mr. Goldtooth noted that the incinerator at
Umatilla Army Depot, Utah, burns toxic materials.
That issue already had been identified as an
environmental justice one, he said. He asked Ms.
Crowe to verify whether the Umatilla Tribe has
opposed the facility since its initial siting. Ms. Crowe
verified that the tribe had expressed a number of
concerns about the site, adding that over the
preceding few months, several problems had arisen
at the site. Ms. Crowe stated that 63 percent of the
stockpiled chemical weapons in Oregon are identical
to those stored in Maryland, where they currently
have a pilot plan under construction for
neutralization. A number of people in that affected
community, including, members of nearby tribes,
favor that neutralization technology for use in
Oregon, she added. Mr. Goldtooth also asked Ms.
Crowe whether the Utah facility still was in operation.
Ms. Crowe said that the incinerator had been shut
down, on May 8, until the cause of the release of the
chemical agents could be determined.
Ms. Annabelle Jaramillo, Oregon Office of the
Governor and Vice Chair of the Air and Water
Subcommittee of the NEJAC, asked Ms. Crowe what
types of chemicals are involved in causing the
problems. Ms. Crowe said that the types of
chemicals involved are lethal chemical agents, nerve
agents, and mustard agents.
2.2 James Friloux, Louisiana Department of
Environmental Quality, Baton Rouge,
Louisiana
Mr. James Friloux, Louisiana Department of
Environmental Quality (LDEQ), Baton Rouge,
Louisiana, reminded the members of the NEJACthat
they had toured the community of Norco, Louisiana
during the meeting held by the NEJAC in Baton
Rouge, Louisiana in December 1998. During that
week, he continued, several industrial companies
had alerted the community to a possible chemical
release. Citizens of Norco attended the meeting of
the NEJAC and, during one of the public comment
sessions, expressed their concerns about living next
to the Norco industrial complex, he continued.
Following that meeting, Mr. Friloux said, he had
formed a panel consisting of 30 members of the
community and representatives of five industries.
Topics discussed by the panel have included
emergency response, evacuation routes, health
issues, and job training, stated Mr. Friloux. Mr
Friloux expressed his view that the meetings had
been very productive to date and that the formation
of the panel has fostered an open dialogue between
the citizens of the community and their industrial
neighbors.
Ms. Rosa Hilda Ramos, Community of Catano
Against Pollution and member of the Air and Water
Subcommittee of the NEJAC, asked Mr. Friloux what
efforts the state had made to engage affected
communities early in the Title V permitting process
under the Clean Air Act (CAA). Mr. Friloux
responded that information is shared primarily
through a public hearing process. Ms. Ramos added
that the Title V process is a very complicated one
that citizens find difficult to comprehend and that it is
necessary that the state share information to
educate communities about the permits. Ms. Ramos
then asked whether the state would be willing to
extend the comment periods for some of the Title V
permits that have passed without community
participation. Mr. Friloux stated that the state had
extended comment periods several times at the
request of citizens.
2.3 Farelia Esta Robinson, United States
Commission on Civil Rights, Kansas City,
Kansas
Ms. Farelia Esta Robinson, United States
Commission on Civil Rights, Kansas City, Kansas,
stated that her organization had been examining
environmental justice issues in Louisiana since the
early 1990s. The commission, she said, currently is
responsible for conducting fact-finding studies and
hearings on civil rights developments and issues
across the country. In 1993, the U.S. Commission
on Civil Rights released a report, The Battle for
Environmental Justice in Louisiana ... Government,
Industry, and the People, which examined
environmental concerns in Louisiana. The
commission, she continued, currently is conducting
a follow-up study because the problems in Louisiana
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National Environmental Justice Advisory Council
Public Comment Periods
continue to exist. One of the recommendations
made in the report was that EPA, state, and local
officials consider Title VI of the Civil Rights Act of
1964 (Title VI) as an element of environmental
justice and prohibit discrimination based on race.
She invited the members of the NEJAC to a public
hearing to assess successes and problems that
continue following efforts made to implement the
recommendations setforth in the commission's 1993
report.
2.4 Jerome Baiter, Public Interest Law Center of
Philadelphia, Philadelphia, Pennsylvania
Stating that he is an attorney who performs
environmental work, Mr. Jerome Baiter, Public
Interest Law Center of Philadelphia, Philadelphia,
Pennsylvania, noted that all his clients are
community groups formed by minority populations
who are experiencing problems with existing
polluting facilities or proposed facilities. Mr. Baiter
explained that, since EPA releases its Title VI Interim
Guidance for Investigating Administrative Complaints
Which Challenge Permitting Decisions, he has been
addressing issues related to Title VI. In his opinion,
he continued, EPA's interim guidance does not
address the disparities in health conditions that exist
in this country. The guidance does not seek any
information about the health of the community in
which the siting of a facility has been proposed, he
added. In response to that lack of information, the
Law Center of Philadelphia developed an alternative
guidance system, or an environmental justice
protocol, he explained. The protocol is based on the
philosophical concept that, if a community already
has a disparately poor.health record, it should not be
made to endure the presence of another polluting
facility.
Mr. Baiter explained that the law center examines
the health of a community on a comparative basis.
All data used for comparative analysis are extracted
from official state health data, he noted. While a
community may not be familiar with the intricacies of
the toxic chemicals, its members are familiar with
their health, he explained. Mr. Baiter stated that a
system based on health should be implemented to
replace EPA's proposed impact analysis and
cumulative impact analysis, which do not address
the protection of communities.
Dr. Marinelle Payton, School of Public Health,
Harvard University Medical School and chair of the
Health and Research Subcommittee of the NEJAC,
observed that the Health and Research
Subcommittee would like to consider the issue
raised by Mr. Baiter. Ms. Ramos then suggested
that Mr. Baiter engage in the process of commenting
on EPA regional environmental justice policies.
Each EPA region must develop an environmental
justice policy, she explained, suggesting that Mr.
Baiter work with the region to incorporate the
concepts he had described into that policy.
2.5 Doris Bradshaw, Defense Depot Memphis,
Tennessee, Concerned Citizens Committee,
Memphis, Tennessee
Observing that a complaint system for Federal
facilities is needed, Ms. Doris Bradshaw, Defense
Depot Memphis, Tennessee, Concerned Citizens
Committee, Memphis, Tennessee, stated that
emergency response and preparedness are not
addressed when removals of chemical weapons are
carried out in her community. The community, which
consists primarily of older people, is adjacent to a
60-acre landfill called Dunn Field from which the
U.S. Defense Logistics Agency (DLA) is removing
chemical test kits that contain mustard and nerve
gases, DLA selected the emergency preparedness
plan for the community, which is to "stay in place" in
a worst-case scenario, she explained. The plan is
not adequate, she continued, because the people
live on a dead-end street with a 40 foot wall located
at the end of the street making it impossible for
those people to be rescued by air lift in this "stay in
place" scenario. Further, she explained that DLA
chose the middle of June to remove the chemical
test kits; at a time when the weather is hot and
humid. This "stay in place" scenario requires that
residences stop using air conditioning, "stuff' towels
under doors, and hang plastic sheets over windows
to avoid contact with the air, Ms. Bradshaw stated.
She expressed fear that such procedures would
cause high incidents of heat related deaths.
According to Ms. Bradshaw, the more the members
of the community approach DLA, the more retaliation
the community is subjected to. EPA also had been
unresponsive, she added.
Ms. Bradshaw requested that EPA and the NEJAC
implement a complaint system for Federal facilities
so community voices can be heard. Mr. Turrentine
acknowledged Ms. Bradshaw's recommendation and
noted that the issue would be addressed by the
subcommittees during the week. Mr. Turrentine
stated that more research on the Federal facilities
issue would be needed before it could be determined
which direction the NEJAC should take, but added
that the subcommittees would meet with
representatives of the Memphis community to
determine how they can act on the issues Ms.
Bradshaw had raised. Ms. Ramos then asked what
role the local emergency planning committee had
played in Ms. Bradshaw's community, noting that
complaints can be filed with that body. Ms.
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Bradshaw responded that the local emergency
response committee had informed DLA that the
team was not prepared to deal with a chemical
weapons emergency. Ms. Bradshaw told the
members of the council that she would give them a
letter explaining the situation that had been
submitted to the highest-level official of DLA. Ms.
Ramos noted that the law requires that a local
emergency planning committee be maintained that
includes a representative of the community and that
it is important that the council address the lack of
community involvement in local emergency planning
in Ms. Bradshaw's community.
2.6 MaVynee Oshun Betsch, A.L. Lewis
Historical Society, American Beach, Florida
Ms. MaVynee Oshun Betsch, A.L. Lewis Historical
Society, American Beach, Florida, began her
presentation by noting that she is the great-
granddaughter of A.L. Lewis, who was Florida's first
black millionaire. A.L. Lewis founded American
Beach, a black beach community, in 1935, she said.
Ms. Betsch pointed out that there are three
telecommunications towers in the community. In
addition, she continued, the community is
surrounded by beach resorts, two paper mills,
several military bases, and a coal-fired plant.
Therefore, she stated, the air pollution is unbearable.
Black males in northeast Florida are more likely than
any other population to develop lung cancer, she
continued, and, blacks in general have a death rate
2.5 times higherthan that for whites. Developers are
building seven new condominiums and placing the
sewage treatment plant right in her community, Ms.
Betsch said.
Ms. Betsch concluded by emphasizing that American
Beach is a very special and historical place. Ms.
Betsch requested that the Health and Research
Subcommittee of the NEJAC encourage EPA to
investigate air pollution cause by the towers. She
stated thatthe telecommunications towers "are going
up like cancer" that primarily affect black
communities.
2.7 Sarah Craven, Sierra Club, Atlanta, Georgia
Ms. Sarah Craven, Sierra Club, Atlanta, Georgia,
informed the members of the council that she would
be discussing some examples of how the current
regulatory processes and state agencies delegated
authority by EPA are failing the communities they are
designed to protect. Before the current year, she
said, Alabama had no regulations governing
concentrated animal feeding operations (CAFO) for
hogs. The Alabama Department of Environmental
Management (ADEM) allowed the CAFO industry to
recommend regulations, which the public then was
allowed to comment on, she explained. ADEM
appointed an environmental committee to provide
recommendations about CAFOs to ensure the
protection of public health and environmental quality,
but ADEM subsequently neglected to accept any of
the significant recommendations, she stated. As a
result, she continued, the regulations were written by
the corporations they were intended to regulate,
which has resulted in CAFOs operating 100 feet
from people's homes.
In Amelia, Louisiana, LDEQ issued a permit for
hazardous waste incinerator operated by GTX
without establishing any rules or regulations to
govern the operations of the incinerator, Ms. Craven
continued. The agency gave the public an
opportunity to voice concerns about the issuance of
the permit, but no agency decision maker was
present during that event, she stated. Ms. Craven
explained that the public was given only six weeks to
read an excessive amount of technical information,
learn to interpret that information, and provide
comments. All the critical EPA health impact studies
that demonstrate that the facility poses health risks
were hidden from the public throughout the comment
period, she said.
Ms. Craven pointed out that permit processes place
the expression of views by citizens at the mercy of
the agency, while the state agency justifies its
decision on the basis of information provided by the
corporation seeking the permit. Agencies are
charged with protecting the public, she stated, but
they cater instead, to the permitted industry.
Communities therefore are forced to use the court
system as their only recourse, and affordable
representation is rarely available, she said. Ms.
Craven stated that agencies should perform risk
assessments, impact studies, and health studies
before the permit process begins.
Mr. Luke Cole, Center on Race, Poverty, and the
Environment and chair of the Enforcement
Subcommittee of the NEJAC, informed Ms. Craven
that the Enforcement Subcommittee was to hear a
presentation on CAFOs during its meeting on the
following day and welcomed her participation in that
meeting.
2.8 Jeannie Economos, Farm Worker
Association of Florida, Apopka, Florida
Stating that her organization represents more than
7,000 farm workers in Florida, Ms. Jeannie
Economos, Farm Workers Association of Florida,
Apopka, Florida, expressed concern for the well-
being of farm workers because of the nation's
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dependency on pesticides. Farm worker health is
jeopardized by exposure to pesticides, she said.
Despite the warnings set forth by Rachel Carson in
her book Silent Spring (Houghton Mifflin Company,
Boston, Massachusetts, 1962), the pesticide
situation is worse today than it was when that book
was published, she stated, with thousands of new
pesticides being approved every year.
Methyl bromide is one of the most toxic pesticides
and one of the most widely used today, Ms.
Economos continued. Even though use of methyl
bromide had been scheduled to be phased out by
2001, lobbying by "agribusiness" pushed the date
back to 2005, she said. Ms. Economos pointed out
that methyl bromide is 50 times more potent than
chlorofluorocarbons in destroying the ozone layer,
which leads to increased cancer rates. Instead of
pursuing sustainable alternatives like soil
solarization, integrated pest management, or crop
rotation, agribusiness is looking for a "quick-fix," she
stated. The Farm Workers Association currently is
protesting the use of toluene-2, which is being
proposed by agribusiness to replace methyl bromide,
she said.
Ms. Economos requested that EPA examine the
pesticide registration process and research into
alternatives to reduce the nation's dependence on
pesticides, especially methyl bromide. Mr. Cole then
pointed out that methyl bromide has a
disproportionate effect on residents of homes and
students in schools located near the fields on which
it is used. Mr. Cole stated that a Title VI
administrative complaint had been filed at EPA
because of exposure .to methyl bromide in a Latino
community in California, but, he said, the Agency
had taken no action. Mr. Arnoldo Garcia, Urban
Habitat Program and chair of the International
Subcommittee of the NEJAC, stated that the issue
was to be discussed during the meeting of the
International Subcommittee on the following day.
Mr. Fernando Cuevas, Farm Labor Organizing
Committee and member of the International
Subcommittee of the NEJAC, noted that a friend of
his suffered a coma in 1979 after three days of
exposure to methyl bromide while working in
strawberry fields. Ms. Ramos pointed out the
possibility of a catastrophic accident while
transporting methyl bromide and stated that the
NEJAC should not overlook the issue.
2.9 Chavel Lopez, Southwest Public Workers
Union, San Antonio, Texas
Representing the Southwest Network for
Environmental and Economic Justice, Mr. Chavel
Lopez, Southwest Public Workers Union, San
Antonio, Texas, stated that people of color
throughout the Southwest are organizing to create
healthy communities. The Southwest Network is
composed of more than 70 grassroots organizations,
trade unions, and student groups throughout the
southwestern United States and Mexico, he
explained. For years, he continued, their
communities have been treated as expendable
members of society and have been exposed to toxic
contaminants. Health care institutions do not know
how to deal with the sicknesses that are a result of
exposure to toxic contaminants, Mr. Lopez said.
Mr. Lopez pointed out that low-income, working class
communities of color live in neighborhoods that are
affected disproportionately by environmental
hazards. In Los Angeles, California, a much higher
percentage of Latinos and African-Americans than
whites live in areas in which levels of air pollution are
dangerously high. In addition, he continued, rates of
lead poisoning and asthma among African-
Americans and Chicanes are higher than among
whites. For Navajo teenagers, cancer rates are 17
times the national average, while uranium spills from
mining activities on Navajo land occurfrequently and
have contaminated their water, soil, and air, he said.
U.S. farm workers, a majority of whom are
minorities, are poisoned every year by pesticides, he
added. The disproportionate siting of polluting
industries and hazardous dumps in communities of
color has contributed to the poisoning of their people,
land, and air, he stated.
Mr. Lopez called upon the NEJAC to ensure that this
health crisis becomes a priority for EPA and all other
Federal agencies responsible for protecting people's
health and the environment. He then submitted a
summary of a "health symptoms survey" that was
conducted in San Antonio, Texas in communities
contaminated by pollutants originating from Kelly Air
Force Base. He stated that representatives of the
Southwest Network had a productive meeting with
Mr. Gregg Cooke, Regional Administrator of EPA
Region 6, and Mr. Jerry Clifford, Deputy Regional
Administrator of EPA Region 6, to discuss the
contaminated areas in Texas.
Ms. Vernice Miller-Travis, Partnership for
Sustainable Brownfields Development and chair of
the Waste and Facility Siting Subcommittee of the
NEJAC, asked Mr. Lopez what response his
organization has received from the Air Force. Mr.
Lopez stated that the Air Force did not accept the
health symptoms survey. The Agency for Toxic
Substances and Disease Registry (ATSDR)
conducted a health assessment and found high
cancer rates in certain areas, but did not attribute the
sicknesses to contamination originating from the Air
Atlanta, Georgia, May 23 and 24,2000
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Force Base, he said. Ms. Rose Augustine,
Tucsonans fora Clean Environment and Vice Chair
of the Health and Research Subcommittee of the
NEJAC, asked about the need for adequate health
care. Mr. Lopez responded that the community does
not have adequate health care and that a majority of
the people of the community cannot afford to meet
their medical needs.
2.10 Marvin Grafter, Wollfolk Citizens Response
Group, Fort Valley, Georgia
Mr. Marvin Crafter, Wollfolk Citizens Response
Group, Fort Valley, Georgia, first stated that five
minutes is insufficient time for representatives of
communities affected by the problems created over
the past 100 years to set forth their concerns. He
then expressed a lack of trust in the NEJAC and
EPA, stating that those entities had not done enough
to reverse the problems affecting minority
communities today. The NEJAC has the reputation
of being "two-sided," he said, leaving the community
out of important decision-making processes. EPA is
supposed to protect people, he continued, but the
record of what has been done over the past 15 years
shows that it has not done so, he stated.
Mr. Crafter informed the members of the council that
he recently had requested a list of recommendations
that the NEJAC had made to EPA, but that he had
not received the information. That experience, he
said, demonstrates to him that the actions of the
NEJAC have been inadequate to meet the needs of
communities affected by environmental justice
issues.
Mr. Crafter stated that communities are tired of being
assessed, when immediate action is necessary.
Requests for health care have fallen on deaf ears,
he said. Mr. Crafter requested that the scope of the
NEJAC be expanded to include a group of
consultants to affected communities from each EPA
region who would serve as a conduit between the
NEJAC and communities to assist in the
identification and addressing of the needs of those
communities. He also suggested that a series of
pre-NEJAC national committee meetings and other
outreach tools would facilitate the addressing of
community needs. Mr. Crafter then stated that too
much money is spent to analyze research. The
money would have been better spent on health care
for people in communities affected by contamination
originating from Superfund sites and Federal
facilities. He requested that the NEJAC recommend
EPA expand its relationship with ATSDR to provide
health care funding for communities affected by
contamination originating from sites on the National
Priority List (NPL) and Federal facilities.
2.11 Earnest Marshall, Ombudsman
Development Foundation inc, Atlanta,
Georgia
Mr. Earnest Marshall, Ombudsman Development
Foundation Inc., Atlanta, Georgia, mentioned that
environmental conditions in several neighborhoods
in Atlanta, Georgia are causing numerous illnesses.
The University of Georgia's wastewater treatment
facility discharges waste into the Oconee River and
there is questionable dumping of radiation feed for
chickens, supposedly to make their chickens bigger,
he said. Members of minority communities who live
in close proximity to a former General Motors site
that once manufactured munitions are becoming ill,
but they do not understand why, he added. ATSDR
and EPA examined that site, but nothing was done
beyond some research, he said.
Justice should be sought under Executive order
12898 on environmental justice, Mr. Marshall said.
Georgians have been told that they can no longer
eat fish from the Savannah River because of tritium
contamination, he pointed out. If EPA Region 4 is to
gain credibility, he stated, the region must deal with
the state of Georgia and with contaminated sites in
the region, he stated.
2.12 Henry Rodriguez, Native American
Environmental Protection Coalition, Valley
Center, California
Stating that he is a resident of the La Jolla
Reservation in north San Diego County, California,
Mr. Henry Rodriguez, Native American
Environmental Protection Coalition, Valley Center,
California, informed the members of the council that
a landfill had been sited next to a river on that
reservation. The proposed landfill would be located
adjacent to Medicine Mountain, where coming of age
ceremonies are held, he explained. Mr. Rodriguez
questioned the wisdom of siting a landfill adjacent to
a river. At a recent meeting in California, he added,
engineers had discussed the technical aspects of the
landfill, but did not consider its effect on the
community. Mr. Rodriguez requested that the
NEJAC examine the issue.
2.13 Elodia Blanco, Concerned Citizens of
Agriculture Street Landfill, New Orleans,
Louisiana
Stating that her community overlies a toxic landfill,
Ms. Elodia Blanco, Concerned Citizens of Agriculture
Street Landfill, New Orleans, Louisiana, described
the development of her African-American
community. The U.S. Department of Housing and
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Urban Development (HUD) had approved funds
under a Federal grant to allow the city of New
Orleans to build the community on top of a toxic
landfill, she explained. She pointed out that no
efforts were made to inform new homeowners about
the landfill underlying their property when they
purchased the homes. The Agriculture Street
Landfill covers 100 acres and was in use from 1910
until 1960, she stated. Exposure to more than 150
toxins, heavy metals, and carcinogens has led to
elevated incidences of birth defects and breast
cancer in her community, she added.
Ms. Blanco, stated that several attempts had been
made to recommend that EPA Region 6 support
relocation of the community, but those attempts were
ignored. The remediation plan proposed by EPA will
clean only 10 percent of the site and will increase the
risk of broken water lines, she said. Ms. Blanco
urged the council to take the necessary steps to
request that EPA consider a relocation plan. Ms.
Miller-Travis suggested that representatives of Ms.
Blanco's organization speak with Mr. Kent Benjamin,
Outreach and Special Project Staff, EPA Office of
Solid Waste and Emergency Response (OSWER),
and Designated Federal Official (DFO) of the Waste
and Facility Siting Subcommittee.
2.14 Jerilyn Lopez Mendoza, Environmental
Defense, Los Angeles, California
Ms. Jerilyn Mendoza, Environmental Defense, Los
Angeles, California, stated that her organization
focuses on ensuring equal access to clean parks
and schools for children, ensuring transportation
equity, and alleviating exposure to toxics. Several
ongoing campaigns in Los Angeles are related
specifically to environmental justice, she said.
Expansion of the Los Angeles International Airport
will have direct effects on the neighboring
community, Inglewood, she stated. Airport traffic is
projected to almost double by the year 2020, she
explained, which would increase the environmental
degradation already suffered in the predominantly
African-American community, which includes noise
pollution and air pollution related to diesel emissions
from airplanes and trucks. Environmental Defense,
in conjunction with a number of other organizations,
is attempting to persuade airport authorities to
address environmental equity and justice issues in
their planning, she said. Ms. Mendoza said that
Environmental Defense also is working to encourage
those authorities to promote participation by
communities in the planning process.
In addition, Environmental Defense is working with
environmental and community groups to increase
the amount of green space for children in Los
Angeles, she said. Ms. Mendoza explained that, in
Los Angeles, there is a vast disparity in green space
in communities; that disparity, she pointed out, is
related directly to race and income. Chinatown, a
predominantly Asian section of Los Angeles, has no
open space, no parks, and no schools, she stated.
Environmental Defense is working to persuade the
city to commit a 47-acre plot of unused land in the
community for use for schools and parks. Ms.
Mendoza stated that she would appreciate speaking
with anyone on the council who had any insight into
these issues she had raised.
2.15 Donald Brown, People for Environmental
Progress and Sustainability, Vallejo,
California
Mr. Donald Brown, People for Environmental
Progress and Sustainability, Vallejo, California,
stated that there is a need to clearly define
environmental justice and the relationship of that
concept to the civil rights movement. He added that
there is a communication gap between industry and
the communities in matters related to environmental
justice. He pointed out that representatives of
industry never attend meetings of the NEJAC. Mr.
Brown stated that our country focuses many of its
resources on problems that occur abroad; that focus
limits what is done about contaminated communities
in our country. While the global economy is moving
forward rapidly, he continued, the problems that
existed in minority communities years ago persist
today. Mr. Brown emphasized that the time to act is
now and that people must "stick together" and trust
each other to effectively achieve their goals.
Ms. Patricia Hill Wood, Georgia Pacific Corporation
and member of the Waste and Facility Siting
Subcommittee of the NEJAC, stated that a number
of industry representatives were in attendance at the
meeting. Those representatives she said, are
concerned about environmental justice issues. Ms.
Wood stated that several members of the NEJAC
are industry representatives. Mr. Brown responded
that he hoped Ms. Wood would make resources
available to cleanup communities. He stated that
industry pays for remediation when a certain incident
occurs but does not change processes or actions.
2.16 Bill Burns, Environmental Awareness
Foundation, Atlanta, Georgia
Stating that his organization addresses household
health hazards, Mr. Bill Burns, Environmental
Awareness Foundation, Atlanta, Georgia, stated that
lead poisoning is a significant problem in the state of
Georgia. According to Mr. Burns, the city of Atlanta
does not have a telephone contact that people in the
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National Environmental Justice Advisory Council
city can call to obtain information about lead
poisoning, a situation that his organization would like
to change, he stated. He said that the
Environmental Awareness Foundation had gathered
statistics and facts that demonstrate that lead
contamination and asthma are significant problems
in communities in Atlanta. Mr. Burns asked for
advice from the NEJAC about how he can obtain
information, funding, and resources to allow the
community to address the issue.
Dr. Payton asked Mr. Burns whether there is a lead
poisoning prevention program in the state of
Georgia. Mr. Burns responded that Georgia had
reimplemented its lead poisoning program, but noted
that the program is not reaching the community. Ms.
Peggy Shepard, West Harlem Environmental Action;
member of the Health and Research Subcommittee
of the NEJAC; and Vice Chair of the Executive
Council, suggested that the Environmental
Awareness Foundation consider applying for an EPA
environmental justice grant to acquire resources to
undertake a community education campaign.
2.17 Samara Swanston, Sierra Club, Brooklyn,
New York
Noting that she would be speaking on behalf of two
organizations, Ms. Samara Swanston, Sierra Club,
Brooklyn, New Y9rk, stated that the National Sierra
Club is opposed to the National Association of Home
Builders (NAHB) bill. The NAHB bill is brownfields
legislation that would permit owners to build homes
on contaminated land and would abrogate EPA's
enforcement authority under the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA) in a situation in which
imminent and substantial danger exist because a
home builder wanted to construct homes on
contaminated land, she said. Under current law, she
continued, EPA has the authority to order a polluter
to stop a release or a threatened release and to
impose fines if the polluter fails to cooperate. The
proposed NAHB bill weakens Federal provisions
under CERCLA that protect communities from
economic, health, and environmental consequences
resulting from inadequate cleanup of Superfund
sites, she explained. Ms. Swanston stated that
under the NAHB bill, the ability of EPA and the public
to provide oversight of brownfields sites is impeded
by provisions that allow the state to withhold the
names and locations of facilities undergoing
voluntary cleanup.
Ms. Swanston stated that the Sierra Club would like
to propose stringent cleanup standards to protect
human health, retention of Federal enforcement
authority, and provision of financial assistance to
help communities assess and remediate brownfields
properties. She also pointed out that substantive
public participation should be provided for early in
the brownfields redevelopment process.
Ms. Swanston then stated that she also was
speaking on behalf of Minority Environmental
Lawyers who represent a community group in Dobbs
Ferry, New York that is working to protect a
historical, indigenous site. According to Ms.
Swanston, the site qualifies for listing on the National
Register of Historic Sites. The state of New York is
allowing the destruction of cultural sites like the one
she had described, she said. Ms. Swanston read a
letter prepared by the director of the community
group that stated that the sacred site had been
desecrated by the siting there of a demolition landfill
and the construction of townhouses. Ms. Swanston
added that, every year, a bill is brought before the
New York state legislature to protect such sites that
are not on a reservation, but the legislation never
passes, she said. The NEJAC and the U.S.
Department of the Interior (DOI) should take action
against the state of New York if the state continues
to allow the destruction of archaeological sites, she
declared.
Ms. Miller-Travis asked Ms. Swanston about the
status of the NAHB bill in Congress. Ms. Swanston
replied that EPA supports the bill and that it probably
would be introduced.
2.18 Michelle Xenos, Shundahai Network, Las
Vegas, Nevada
Noting that she had spoken at the meeting of the
NEJAC in Arlington, Virginia, in December 1999, Ms.
Michelle Xenos, Shundahai Network, Las Vegas,
Nevada, stated that she lives an hour south of the
Nevada Nuclear Test Site, where the proposed
Yucca Mountain high-level nuclear waste dump is to
be located. There is a lack of monitoring of Federal
facilities, she pointed out, and the public does not
have access to U.S. Department of Energy (DOE) or
DoD information about environmental effects. Ms.
Xenos explained that she grew up on an island on
which more than 3,000 nuclear weapons were
located and near a location at which millions of
gallons of radioactive waste had been dumped into
Pearl Harbor. Breast cancer rates in that area are
10 times higher than average, she stated. The
environmental effects of nuclear weapons are felt
throughout the process of nuclear development,
from uranium mining to detonation, she continued.
Ms. Xenos requested that the NEJAC establish a
subcommittee to examine the operations of Federal
facilities because, she stated, "they are not held
accountable for anything."
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2.19 Jay Gilbert Sanchez, Tribal Environmental
Watch Alliance, Espanola, New Mexico
Mr. Jay Gilbert Sanchez, Tribal Environmental
Watch Alliance, Espanola, New Mexico, stated that
he lives near the Los Alamos National Laboratory.
Mr. Sanchez acknowledged that EPA does not have
the authority to monitor DoD and DOE, both of
which, he charged, operate without considering the
effects of those operations on human health and the
environment. Stating that he also is the chairman of
the People of Color Disenfranchised Communities,
Mr. Sanchez explained that the effect of Federal
facilities extends beyond the United States to
adversely affect people in Puerto Rico, U.S. western
territories, and the Pacific Ocean.
Mr. Sanchez discussed the fire at the Los Alamos
National Laboratory that had been burning for 14
days. He explained that air quality is declining,
stating that the air pollution caused by the fire "will be
around forever." Mr. Sanchez asked that the
members of the NEJAC address the issue of Federal
facilities and the effects of their operations.
Mr. Goldtooth asked Mr. Sanchez whetherthere was
evidence of radioactive contamination outside the
facility that could have been released into the
atmosphere during the burn. Mr. Sanchez
responded that the flora and fauna around the
laboratory are contaminated. Mr. Clifford stated that
the New Mexico environmental department had
asked EPA Region 6 to conduct additional air
sampling, beyond that performed by DOE. There
was concern not only about plutonium in the
concrete vaults, he continued, but also about the
solid waste management units throughout the site
that are contaminated with chemical and radioactive
wastes. Data from 20 air monitors, Mr. Clifford said,
indicated no increase in radiation as a result of the
fire. Mr. Clifford confirmed that air monitors did not
begin operating until several days after the fire
began. Mr. Sanchez pointed out that the wind had
not been blowing in the direction of the monitors. Mr.
Sanchez reiterated that he has firsthand proof that
there is contamination on the site. How can the
government be trusted, he stated, when it is obvious
that its representatives are not being honest with
American citizens.
2.20 Teresa Juarez, New Mexico Alliance,
Chimayo, New Mexico
Ms. Teresa Juarez, New Mexico Alliance, Chimayo,
New Mexico, expressed her dismay about the variety
of issues and concerns in communities described by
cornmenters who had preceded her. She then
explained that she lives near the Los Alamos
controlled burn site that had been burning out of
control for days. "Nobody knows what kinds of
contaminants are being released into the air people
are breathing," she said, pointing out that many of
the burned houses also contain asbestos. People
were told that plutonium at the Los Alamos
Laboratory was enclosed in concrete vaults and that
there was nothing to worry about, she said, but,
months earlier, a meeting was held at which 450
workers expressed concern about contamination
buried around the site and elevated cancer rates.
Ms. Juarez demanded of the council that a
subcommittee be established to address issues
related to Federal facilities.
Ms. Juarez pointed out that a majority of the
firefighters on site were Native Americans and
Hispanics and that they were not properly protected.
"When the government can prove to us that there is
no contamination, then we will be satisfied," she
said. Mr. Cole stated that it is not credible that a fire
of such magnitude can burn without increasing the
level of chemicals in air. Mr. Clifford then stated in
clarification that the levels of chemical and
radioactive contamination the monitoring indicated
were no higher than those that would be found
during a typical forest fire.
2.21 Mark Mitchell, Connecticut Coalition for
Environmental Justice, Hartford,
Connecticut
Mr. Mark Mitchell, Connecticut Coalition for
Environmental Justice, Hartford, Connecticut, stated
that his group provides assistance to local
organizations in Connecticut. A few years earlier, he
continued, the group formed the Hartford
Environmental Justice Network. Hartford is 78
percent black and Latino, he pointed out, and
incomes in the city are very low in a state that is very
wealthy. Hartford has more waste disposal facilities
than any other city in the state of Connecticut, the
largest sewage treatment plant and sewage sludge
incinerator in Connecticut, and the largest trash
incinerator in the state, he said. The trash
incinerator has an average of 100 fire calls per year,
as well as a major explosion or fire approximately
once a month, he added. Eight regional waste
facilities and four power plants are located in the
eight-square-mile area surrounding the community,
he said.
Mr. Mitchell pointed out that the Hartford
Environmental Justice Network has had several
successes, including the removal of a power plant
that was built without any public notification or
hearings. In addition, he said, the organization
persuaded the city council to ban a ninth regional
waste facility. Mr. Mitchell stated that the group is
very concerned about the city's asthma rates, which,
Atlanta, Georgia, May 23 and 24, 2000
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Public Comment Periods
National Environmental Justice Advisory Council
he said, are the highest in the country. Forty-one
percent of the community's children have asthma, he
explained. He requested that the NEJAC address
the asthma epidemic in Hartford's communities and
that EPA fund research into alternative waste
disposal technologies that would eliminate
hazardous air pollutants.
Ms. Miller-Travis asked Mr. Mitchell whether he had
conversed with Ms. Jane Stahl, Assistant
Commissioner of the Connecticut Department of
Environmental Protection and member of the Health
and Research Subcommittee. Mr. Mitchell stated
that representatives of his organization had spoken
with Ms. Stahl and that the organization has a good
relationship with her department. Ms. Miller-Travis
informed Mr. Mitchell that Ms. Stahl is a member of
the NEJAC, suggesting that he discuss with Ms.
Stahl the specific initiatives and actions he would like
the NEJAC to take. Mr. Mitchell stated that some of
the research should be funded on the Federal level,
stating that such funding was the purpose for which
he had brought the issue to the NEJAC. Ms.
Shepard asked what relationship the organization
has with the state Department of Environmental
Protection's Office of Environment Equity. Mr.
Mitchell stated that the organization worked closely
with that office, but that progress is slow.
Mr. Charles Lee, Associate Director for Policy and
Interagency Liaison, Office of Environmental Justice
(OEJ), EPA Office of Enforcement and Compliance
and Assurance (OECA) and DFO of the Executive
Council, requested that Mr. Mitchell elaborate on the
recommendation that the NEJAC examine the
asthma epidemic. Mr. Mitchell responded that there
is a link between air pollution and respiratory
illnesses. EPA should address those relationships,
he said. Mr. Lee pointed out to the members of the
NEJAC that one approach to addressing health
issues related to environmental justice is to examine
specific diseases and illnesses. Mr. Mitchell pointed
out that, in the United States, asthma is an epidemic
that affects urban areas and minorities
disproportionately.
222 Le Vonne Stone, Fort Ord Environmental
Justice Network, Marina, California
Noting that she had spoken before the NEJAC
several years earlier, Ms. LeVonne Stone, Fort Ord
Environmental Justice Network, Marina, California,
explained that Fort Ord is one of the largest
Superfund sites in the country. The goal of her
organization when she spoke before the NEJAC
earlier was to secure help for affected communities
through the establishment of health clinics and
through testing for contamination, she explained.
She said that smoke from emissions, detonations,
and large burns aggravates respiratory problems,
especially in sensitive children and adults. Even the
Federal workers are concerned about the safety of
their work environment, she pointed out. The
communities have seen their economic base
deteriorate because of the closing of massive
facilities, she continued. Those areas must be
cleaned up to ensure the safety of communities, she
stated. The local Army environmental division has
spent more than $350 million on the cleanup of Fort
Ord since 1993, but no health clinics have been
established in affected communities, she explained.
Ms. Stone stated that she wants to see the site
cleaned up and that the community should be
involved in the process. Mr. Turrentine explained
that, before the end of the current meeting, the
NEJAC hoped to develop a process for dealing with
issues related to Federal facilities. He stated that
the NEJAC hoped to establish a working group that
will initiate interaction with members of affected
communities. Ms. Stone indicated that she also
would like to see an end to the intimidation and
harassment of individuals in the community who
bring up health issues.
2.23 Rabbi Dan Swartz, Children's
Environmental Health Network, Washington,
D.C.
Rabbi Dan Swartz, Children's Environmental Health
Network, Washington, D.C., explained that the same
forces that exploit people for racial or economic
reasons also exploit children because of their lack of
political and economic power. Rabbi Swartz said he
recently had attended a private seminar on children's
environmental health sponsored by the
Congressional Research Service. He expressed
concern about policies that might result from the
meeting, pointing out that many of the participants
were representatives of polluting industries who
claim that the public already is protected by existing
environmental standards. No minorities attended the
seminar, he added, and the issue of environmental
justice would not have been brought up if he had not
done so.
Rabbi Swartz pointed out that many of the
protections currently implemented on behalf of
children may disappear, including the abolition of the
Office of Children's Environmental Health Protection
in two years. It is time to think about the future, he
stated, and to plan for our children's health,
especially that of those who suffer from
environmental discrimination.
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National Environmental Justice Advisory Council
Public Comment Periods
2.24 Jim MacDonald, Pittsburg Unified School
District, Pittsburg, California
As an elected official of the Pittsburg Unified School
District, Mr. Jim MacDonald, Pittsburg Unified School
District, Pittsburg, California, stated that it is his
responsibility to look after the health and welfare of
the children in his district. Mr. MacDonald pointed
out that state and Federal agencies are rewriting
what constitutes an environmental justice
community. He explained that the California Energy
Commission requires that a community have a
population of at least 130,000 before they will
consider environmental justice. His city has a
population of 60,000, he continued. Even though
that population is 70 percent minority, the community
is not considered a minority community for purposes
of consideration of environmental justice, he said.
The Pittsburg Unified School District requested that
EPA Region 9 designate the city an environmental
justice community, Mr. MacDonald said. He pointed
out that there are four major power plants and four
minor power plants, a major chemical facility, and
several refineries in the city. EPA responded that
the Agency does not have the authority to designate
environmental justice communities, he said. The
Pittsburg Unified School District filed a complaint
against EPA Region 9 with EPA's Office of Civil
Rights (OCR) for violation of Title VI, he stated. EPA
is at fault, Mr. MacDonald continued, because the
Agency is supposed to enforce environmental justice
regulations. Environmental impact reports should be
required in minority and low-income school districts
and should be presented to the school district, not to
EPA, he said.
2.25 Jackie Ward, Southern Organizing
Committee for Economic and Social
Justice, Brunswick, Georgia
Ms. Jackie Ward, Southern Organizing Committee
for Economic and Social Justice, Brunswick,
Georgia, read a letter sent to Ms. Connie Tucker,
Southern Organizing Committee for Economic and
Social Justice, Brunswick, Georgia and former
member of the Waste and Facility Siting
Subcommittee of the NEJAC, by Reverend Zack
Lyde, Save the People, Brunswick, Georgia.
Reverend Lyde explained that his mother had fallen
ill because of toxic shock. Her illness originally had
been misdiagnosed as liver cancer, he wrote.
Toxicity in a community is not taken into
consideration when performing a medical diagnosis,
he stated. Reverend Lyde stated that the NEJAC
should investigate lack of health insurance and
misdiagnosis of illnesses in contaminated
communities. He also recommended that the
NEJAC establish a pollution victims compensation
fund to receive revenue from a pollution tax on all
releases reported to the Toxic Release Inventory
(TRI). Such a tax also would serve to encourage
industries to reduce toxic discharges, he wrote.
2.26 Fred Lincoln, Wando Concerned Citizen
Committee, Wando, South Carolina
Stating that he lives in a small African-American
community, Mr. Fred Lincoln, Wando Concerned
Citizen Committee, Wando, South Carolina,
explained that the community has been inundated
with pollution from chemical plants and steel mills.
According to Mr. Lincoln, no environmental impact
study was performed and no community hearing was
held when a chemical plant recently was sited "right
in the middle of the community." Currently, a railroad
route is proposed that would run through the
community, displacing 30 percent of the homes, he
said. The community was not notified of the
meetings held between the U.S. Army Corps of
Engineers (USAGE), EPA, and the port authority of
South Carolina, he stated. Mr. Lincoln stated that
EPA is supposed to protect citizens and that the
community should have been notified about the
railroad before the decisions became final.
Members of the community are concerned that their
community was chosen arbitrarily to be destroyed
when there is vacant property nearby that could have
been used to house the facilities, he said.
2.27 Adora Iris Lee, United Church of Christ
Commission for Racial Justice,
Washington, D.C.
Rev. Adora Iris Lee, United Church of Christ
Commission for Racial Justice, Washington, D.C.,
submitted a written report to the Executive Council.
For 60 years, the U.S. Navy has used the island of
Vieques, Puerto Rico as a target range, causing
human health problems and environmental
degradation, she said. The United Church of Christ
Commission for Racial Justice urged the council to
investigate EPA's plans to cleanup the affected
areas, investigate health-related problems in
Vieques, and continue to deny the U.S. Navy
permission to conduct bombing activity that results
in discharges into the water, she stated.
2.28 Maria Elena Lucas, Farm Worker, Arlington,
Texas
Ms. Maria Elena Lucas, farm worker, Arlington,
Texas, stated that she has been a migrant farm
worker all her life and that therefore she has suffered
lifelong exposure to many chemicals and pesticides.
In 1988, she continued, she experienced an
accidental exposure that had a lasting effect on her
memory and a variety of other neurological functions.
Atlanta, Georgia, May 23 and 24,2000
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National Environmental Justice Advisory Council
Ms. Lucas explained that she continues to have
numerous problems. She stated further that hers is
not an isolated case. She pointed out that migrant
camps are located next to the fields on which
pesticides are applied. Research on pesticides and
exposure to pesticides has been insufficient, she
said.
Mr. Garcia noted that Ms. Lucas was to attend the
meeting of the International Subcommittee, and that
she was to make a presentation to that body. He
reiterated that there are thousands of cases like that
of Ms. Lucas today.
Closing the public comment period for the evening,
Mr. Turrentine referred to the videotape "Eyes on the
Prize," noting that issues that were focused on
during the civil rights movement are still at play
today. It is troubling, he observed, that communities
must come begging to the NEJAC to make their
problems known, he said. He stated that the NEJAC
must begin to realize results. Ms. Augustine stated
that there is a need to evaluate whether the NEJAC
is accomplishing its goals and whether the NEJAC is
representative of the people it is supposed to
represent. Mr. Cole then stated that such remarks
should be presented to the Administrator to
encourage EPA to begin to respond to the advice the
NEJAC gives the Agency.
3.0 FOCUSED PUBLIC COMMENT PERIOD
HELD ON MAY 24, 2000
This section summarizes the comments presented
to the Executive Council during the public comment
period on May 24, 20.00, along with the questions
and observations those comments prompted among
members of the Executive Council.
Comments are summarized below in the order in
which they were offered.
3.1 Mable Anderson, Village Creek Human and
Environmental Society, Birmingham,
Alabama
Indicating that she would discuss two issues, Ms.
Mable Anderson, Village Creek Human and
Environmental Society, Birmingham, Alabama,
stated that she recently had returned to Alabama to
lead her community in the battle against
environmental injustice. She stated that water in
Village Creek, polluted as a result of agricultural and
industrial activities, tends to flood people's homes.
In 1997, she said, the Federal Emergency
Management Agency (FEMA) provided a buyout of
$5 million for relocation of 125 homes. However,
she continued, people still have cancer, asthma, and
other health problems to deal with. Ms. Anderson
complained that universities and other groups that
study contamination in the community neglect to
inform the community of the types of studies they are
doing, charging that such groups do not know what
the community's health problems are. Ms. Anderson
informed the NEJAC that her organization needs
funding to implement a health proposal developed by
the community. She requested the NEJAC's help in
funding such a proposal and informing other Federal
agencies about it.
Ms. Anderson added that her organization also was
requesting the NEJAC's help in conducting a creek-
bank restoration project intended to improve water
flow. One high school is located on the bank of the
creek, and another is under construction on the
bank, she stated. She noted that school authorities
do not know that the waters are contaminated with
agricultural and industrial wastes. Ms. Anderson
stated that the community wishes to reclassify the
area of the creek bed from industrial and agricultural
use to residential use.
3.2 Karl Fuller, Pechanga Environmental
Program, Temecula, California
Mr. Karl Fuller, Pechanga Environmental Program,
Temecula, California, a resident of the Pechanga
Indian Reservation, stated that a draft environmental
impact statement had been prepared to build a
landfill in Gregory Canyon, California. Five Indian
reservations lie in the immediate vicinity of the
proposed landfill site, he said. The landfill would
affect Indian tribes disproportionately, he explained,
because the tribes do not generate large amounts of
waste; therefore, the effect the facility would have on
the tribes cannot be justified, he declared.
Mr. Fuller pointed out that important village and
ancestral sites of the Pala Band of Mission Indians
are found in Gregory Canyon and Mount Gregory
and that these sites are sacred for the Luiseno Tribe.
The environmental impact statement addresses that
issue to some extent, he said, and the proposed
project includes the preservation of areas at
relatively high elevations on Mount Gregory.
However, Mr. Fuller explained, the sacred
ceremonies are conducted at sites at all elevations,
not solely at the top of the mountain. Odors and
other undesirable effects of a waste facility would
desecrate the site, no matter what efforts might be
taken to mitigate those effects, he said.
Another issue the impact statement does not
address sufficiently, he stated, are the potential
effects the proposed landfill might have on
groundwater in the area. Water from Gregory
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Canyon, he continued, can be dispersed to many
different water supplies, such as the San Luis Rey
Water Basin. He explained that the mitigation
measure intended to protect the water supply puts a
limit on the quantity of water that the applicant is
liable for if contamination should occur; he then
expressed the opinion that the limit is too low. In
conclusion, Mr. Fuller stated that enforcement also
is included in the environmental impact statement as
a mitigation measure, observing that enforcement is
not an adequate form of mitigation.
3.3 Cecil Corbin-Mark, West Harlem
Environmental Action, New York, New York
Mr. Cecil Corbin-Mark, West Harlem Environmental
Action, New York, New York, stated that, despite
substantial improvements in the nation's health,
minorities still fare worse than their white
counterparts. Disparities in health status persist, he
explained, and communities of color suffer
disproportionately from a variety of illnesses.
Current disparities demonstrate the need for the
development of strategies to address the health
problems of minority communities, he said. He
pointed out that the development of strategies to
reduce such health disparities require that
policymakers be educated about environmental
conditions in minority communities and that the
social environment of such communities be
examined.
West Harlem Environmental Action has worked for
the past five years to promote community-based
research for the benefit of the Northern Manhattan
Community Reserve, said Mr. Corbin-Mark. That
effort is being accomplished through collaborative
partnerships, he explained. The first study
conducted by the group involved exposure to diesel
fuel exhaust and lung function among adolescents in
Harlem, he stated. The study, he pointed out,
showed that 76 percent of participating students had
been exposed to detectable levels of diesel fuel
exhaust. By presenting air monitoring data to
policymakers, the group hopes to help bring about a
change in policies that affect air quality in minority
communities, he explained. He noted that, after 13
years of fighting, New York City finally is beginning to
use clean-fuel buses to reduce diesel exhaust. Mr.
Corbin-Mark requested that the NEJAC examine
some of the models produced under West Harlem
Environmental Action's partnerships and call upon
EPA to provide more funding for the research and
approaches those models demonstrate. In addition,
Mr. Corbin-Mark recommended that EPA reestablish
the Community-University Partnership grant
program.
3.4 Michael Lythcott, The Lythcott Company,
Marlboro, New Jersey
Mr. Michael Lythcott, The Lythcott Company,
Marlboro, New Jersey and Relocation Advisor for
Citizens Against Toxic Exposure, Pensacola, Florida,
provided the Executive Council of the NEJAC an
update on the progress of the national Superfund
relocation pilot project underway in Pensacola,
Florida. Since the meeting of the NEJAC in
Arlington, Virginia in December 1999, he said,
representatives of EPA Region 4 have demonstrated
due diligence in responding to and investigating
every allegation and problem brought to their
attention, he said. Mr. Lythcott then pointed out that
the relocation differential payment remains a crucial
issue. He explained that, after property has been
appraised, the resident searches for a house at a
comparable price in a clean neighborhood. Such
houses almost always cost more than the appraised
value of the contaminated property. There is money
available to make up the difference between the
appraised value and the cost of the replacement
housing, he continued. However, he pointed out,
owners who do not reside at the affected property
are not eligible to receive any of that money. That
policy, he said, is discrimination, noting that property
owners, who do not live at the affected property,
should not suffer financially because of relocation.
Mr. Lythcott also stated that some residents remain
"trapped" at the Escambia Arms Apartment complex
because they are unable to afford the move
themselves, and EPA and the USAGE will not offer
those residents any help until Escambia Arms comes
to agreement with the government. Escambia Arms
Apartments are located in Pensacola, Florida, near
the Superfund site associated with the abandoned
Escambia Wood Treating Company. Residents
there are living in toxic conditions, he stated, and
they suffer from numerous health problems. In
addition, he continued, babies are being born with
birth defects. Mr. Lythcott requested access to the
negotiations between Escambia Arms Apartments
and EPA so that he can inform the residents of the
status of the relocation process. He also requested
that the NEJAC help him obtain a copy of a report
being prepared by HUD on the living conditions in
the apartment complex that is to be used in pressing
for a quick settlement.
3.5 Lionel Dyson, Public Interest Law Center of
Philadelphia, Philadelphia, Pennsylvania
Mr. Lionel Dyson, Public Interest Law Center of
Philadelphia, Philadelphia, Pennsylvania, began his
comment by declaring that the development of a
substantive national environmental justice policy that
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incorporates public health criteria is essential to
bringing about meaningful change. The NEJAC's
handout, Community-Based Health Model
Discussion, he pointed out, states that one should
not treat minority, low-income communities through
an "all things being equal approach," stating that it is
obvious that there is currently no equality in terms of
the baseline health status of communities of color
and low-income communities. Whether or not the
substandard health of a community is a result of
toxic exposures or inequities in socioeconomic
opportunities and educational attainment is
irrelevant, he pointed out. He explained that health
considerations are linked inextricably to the search
for solutions to problems related to environmental
justice, he explained. Mr. Dyson stated that EPA's
Title VI Interim Guidance for Investigating
Administrative Complaints Which Challenge
Permitting Decisions is fundamentally flawed
because it excludes public health considerations.
The Law Center of Philadelphia has proposed an
alternative policy called the Environmental Justice
Protocol and tested that policy for the city of
Philadelphia, continued Mr. Dyson. The protocol, he
explained, requires the parametric mapping of four
health criteria in Philadelphia: noncancer mortality,
cancer mortality, infant mortality, and low birth
weight. In addition, he continued, spacial analysis of
demographic data is incorporated into the analysis.
The rationale of the protocol is that, if certain
population groups already are experiencing
substandard health, those groups should not be
subjected to further environmental depredation, he
stated. He pointed out that, in Philadelphia, 94
percent of those living in the areas in which health
statistics are poorest are minorities. Mr. Dyson
stated that, if his organization can develop a health-
based method for securing environmental justice in
the city of Philadelphia, the EPA, with all of the
available resources of the Federal government,
should be able to devise a policy to ensure the
protection of the entire nation. Mr. Dyson urged the
NEJAC to take action now, stating that the
integration of health considerations into an
environmental justice policy begins with the NEJAC.
3.6 Daisy Carter, Project Awake, Coatopa,
Alabama
Ms. Daisy Carter, Project Awake, Coatopa,
Alabama, told the members of the Executive Council
that her community needs help in acquiring funding
to improve its water system. She stated that the
county in which her community is located is the site
of a large hazardous waste dump that has been
receiving waste for more than 30 years from
50 states and 17 countries. Members of the
community are concerned that waste is leaking from
trenches into the aquifer that provides the
community's water, she explained, and the town is
unable to purchase the equipment necessary to
bring the water system up to date. Ms. Carter noted
that she recently had called the appropriate state
department about the water system, and that
department had informed her that the system
currently was being cited for a violation. Ms. Carter
pointed out that the citizens of the community suffer
from a variety of health problems, including rashes,
cancers, and kidney problems.
Ms. Carter stated further that water from the aquifer
is salty, which can lead to hypertension and high
blood pressure in individuals who consume that
water. Every citizen has a right to safe drinking
water, she stated. She asked that the NEJAC
provide her community with some financial
assistance or advise the community about applying
for a grant. Mr. Robert Varney, New Hampshire
Department of Environmental Services, Concord,
New Hampshire and member of the Enforcement
Subcommittee of the NEJAC, stated that his
department had worked with several communities to
improve their public water systems. One source of
funding, he explained, is the U.S. Department of
Agriculture's rural development program, which
provides grants, and low-interest loans to
communities. He added that low-interest loans also
are available under the state revolving fund (SRF)
low-interest loan program, which, he noted, is
available in Alabama. Ms. Ramos asked Ms. Carter
whether any agencies had tested the water in her
community. Ms. Carter replied that members of the
community had been buying test tubes and sending
water for analysis themselves, but that no agencies
had performed testing for them. Ms. Ramos
declared that the issue was an urgent matter that
EPA should address immediately.
3.7 Gary Grant, Concerned Citizens of Tillery,
Tillery, North Carolina
Addressing the issue of cesspools in rural America,
Mr. Gary Grant, Concerned Citizens of Tillery, Tillery,
North Carolina, stated that vertically integrated
industries raising confined animals are entering
predominantly African-American communities in
rural America. Many of those communities rely on
well water, he said, and no guidelines are
established to govern the digging of cesspools for
the CAFOs. Waste from cesspools seeps into
groundwater and eventually migrates to well water,
explained Mr. Grant. North Carolina has no
requirements governing the design of cesspools, he
continued, and no permit is required for their use.
The odor is offensive, and respiratory problems are
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elevated in areas in which people live near CAFOs,
he stated. The industry recently has learned how to
mask the odor, he said, but members of the affected
communities still must breathe the harmful airborne
agents.
Mr. Grant stated that EPA is working to develop
standard guidelines for cesspools. EPA, he noted,
does not know what communities are being exposed
to because "they don't live where we do," said Mr.
Grant. He added that environmental justice issues
are not confined to urban America alone; rural
America has such issues, as well. Mr. Cole stated
that Mr. Grant was to attend the meeting of the
Enforcement Subcommittee on the following day; the
subcommittee was scheduled to discuss the issue
further, noted Mr. Cole.
3.8 Omar Freilla, New York City Environmental
Justice Alliance, New York, New York
Mr. Omar Freilla, New York City Environmental
Justice Alliance, New York, New York, stated that his
organization focuses on low-income communities of
colorthat suffer from asthma epidemics. He pointed
out that low-income communities of color have some
of the highest asthma rates in the country. Mr.
Freilla noted that he would discuss two factors that
are blocking the adequate assessment of
environmental injustices in New York City.
First, Mr. Freilla stated, environmental impact studies
performed in New Ydrk City do not take into account
actual effects on a neighborhood. He pointed out
that such studies consider environmental effects
citywide, but not the local effects. Many projects are
approved, he explained, because the focus of the
study is much broader than on the actual area that
would be affected. Mr. Freilla asked that the NEJAC
encourage EPA in turn to urge New York City to
address the issue adequately. An example of such
problems, he continued, is the battle over interim
garbage export contracts in New York City. Tens of
thousands of trucks are proposed to export garbage
from the city through primarily low-income
communities of color, he explained. The impact
study for the proposal examines the impact on the
city as a whole, instead of the individual routes
traveled, he pointed out.
The second issue, he continued, is that the
metropolitan planning organization for the greater
New York City area has failed to monitor compliance
with Title VI. The agency has established no
procedures for identifying disparate effects on low-
income communities of color, he said. Each of the
agencies that make up the organization is required
to file its own Title VI report, he stated, but there is
no coordination among the agencies on the issue.
The reports, he charged, are "completely vague" and
are designed to create an impression that there is
equity how the transit systems operate. Other
problems in New York City that should be addressed
include waste transfer stations and access to
parklands, he explained, but those issues receive
little attention from EPA Region 2. Mr. Freilla urged
that the NEJAC advise Region 2 to improve its
regulatory performance.
Ms. Miller-Travis suggested that Mr. Freilla
reexamine the New York City Environmental Justice
Alliance's research framework, stating that it is not
only low-income communities of color that are
affected by the placement of facilities, but all
communities of color.
3.9 Mildred McClain, Citizens for Environmental
Justice, Savannah, Georgia
Representing the People of Color and
Disenfranchised Communities Environmental Health
Network, Dr. Mildred McClain, Citizens for
Environmental Justice, Savannah, Georgia,
reminded the members of the Executive Council that
she had spoken at the previous meeting of the
NEJAC in December 1999 about Federal facilities.
Environmental justice, she stated, calls for universal
protection from nuclear testing and extraction,
production, and disposal of toxic wastes and poisons
that threaten the fundamental right to clean air, land,
water, and food. Environmental justice demands an
end to the production of toxins, hazardous waste,
and radioactive materials, she continued, and all
producers must be held strictly accountable for
remediation. Workers have the right to a safe and
healthy work environment without being forced to
choose between an unsafe livelihood and
unemployment, she added. Dr. McClain stated that
victims of environmental injustice have the right to
receive full compensation and reparations for
damages, as well as quality health care.
Dr. McClain explained that there are African-
Americans at the Savannah River site, one of 165
Federal facilities that must be cleaned up, who have
been exposed excessively to contamination and are
being denied the right to health care. She stated
further that DOE had held a workers hearing at the
Los Alamos National Laboratory that was attended
by more than 400 people who had been exposed to
contamination. Workers claimed that records had
been falsified to cover up exposures at the facility.
DoD and DOE should help to formulate policy, she
declared.
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Continuing, Dr. McClain stated that, to ensure that
risk assessments are meaningful, the community
should be involved from the initial stages and those
performing the assessment should have an
understanding of the health background of the
community. Dr. McClain called upon the NEJAC to
establish a subcommittee to address environmental
justice issues at Federal facilities.
Mr. Lee stated that the Health and Research
Subcommittee would serve as the point of contact
for the NEJAC for issues related to Federal facilities
and that OEJ will work with EPA's Federal Facilities
Enforcement Office (FFEO) to follow-up on issues at
facilities identified during public comment periods, he
said. Federal facility issues fall within the
responsibilities of several branches of EPA, he
explained; it is necessary to coordinate plans with
those offices before a working group or
subcommittee is established.
Dr. McClain asked the Executive Council how
community-based organizations can help to
influence matters related to the issues that the
NEJAC addresses at its sessions. Issues related to
Federal facilities are discussed continually, she said,
and it is made clear that the Health and Research
Subcommittee is the point of contact, but people do
not know how to influence what that subcommittee
does and discusses during its meeting session. Ms.
Shepard responded that such organizations as Dr.
McCIain's are influencing the process and that the
Executive Council considers all the information it
hears. Mr. Barry Hill, Director, EPA OEJ, noted that
the commenters have been heard by the NEJAC and
by EPA, and that the NEJAC will address the Federal
facility issue.
Mr. Turrentine stated that the NEJAC takes under
advisement all information it hears. He stated that it
would be unfair to ask Mr. Lee or Mr. Hill to make a
commitment about the formation of a Federal
facilities subcommittee before they have the
opportunity to speak with representatives of the
various program offices within EPA that have an
interest in Federal facilities.
3.10 Beverly Wright, Wampanoag Tribe of Gay
Head, Aquinnah, Massachusetts
Ms. Beverly Wright, Wampanoag Tribe of Gay Head,
Aquinnah, Massachusetts, informed the Executive
Council that her tribe lives on Martha's Vineyard
Island and has been Federally recognized since
1987. She explained that, with Federal recognition,
the tribe had received money for education and
health services and protection of natural resources.
Between 1940 and 1994, she continued, the U.S.
Department of the Navy (Navy) conducted bombing
practices on the Island of Normans Land located five
miles off the coast of Martha's Vineyard. When the
Navy decided it no longer wanted the island, she
said, the tribe applied for access to it, but that
access was denied because the U.S. Fish and
Wildlife Service (FWS), DOI, wanted to use the
island as a refuge. Ms. Wright pointed out that,
under the Indian policy of the FWS, Native
Americans are not to be denied access to their
traditional homelands.
Last year, continued Ms. Wright, the state of
Massachusetts performed a cancer study that
indicated that residents of the reservation had a 93
percent higher cancer rate than other residents of
Massachusetts. She stated that she would like to
reassess the island, noting that she cannot prove
that contamination on the island causes cancer, but
stating she would like to determine whether that is
the case. She asked the NEJAC for assistance in
nominating the Island of Nomans Land for a grant
under CERCLA. She added that the reservation is
building a fish hatchery to spawn a variety of
species, noting that production of seafood is the
basis of the tribe's economy. Contamination of the
water, she explained, would create "a vicious cycle
of cancer." Ms. Wright urged that the NEJAC help
the tribe obtain funding, which is available because
it is a Federally recognized tribe, to support a cancer
study.
Ms. Miller-Travis noted that Ms. Wright would be
attending the meeting of the Waste and Facility
Siting Subcommittee to discuss how the NEJAC can
provide assistance in resolving the issues Ms.
Wright had raised. Ms. Miller-Travis stated that Mr.
Timothy Fields, Jr., Assistant Administrator of EPA
OSWER, who has responsibility for oversight of the
implementation of CERCLA, would be present at that
meeting, as well. Mr. Goldtooth mentioned that the
Indigenous Peoples Subcommittee would be
interested in working with the Waste and Facility
Siting Subcommittee to ensure that the issue is
pursued.
3.11 Grace Hewell, Health Policy Group,
Chattanooga, Tennessee
Dr. Grace Hewell, Health Policy Group,
Chattanooga, Tennessee, expressed her interest in
learning how she can help the NEJAC solve civil
rights issues. She stated that she has a variety of
degrees in public health and social work and noted
that much of the discussion during the meeting of
the NEJAC had focused on community health. Dr.
Hewell said that she had performed public health
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work in many areas of the country, including Queens
and Harlem, New York.
Dr. Hewell expressed her disappointment that the
NEJAC has not yet accepted her long-standing
invitation to hold a meeting in Chattanooga,
Tennessee. She also requested that the NEJAC
provide environmental health education in
Chattanooga, since few people in that area are
knowledgeable about that subject. Dr. Hewell then
stated that people must be educated about
environmental justice. With today's technology, she
added, people must be given access to information.
Mr. Cole stated that, in 1996, Dr. Hewell had
requested that the NEJAC hold a meeting in
Chattanooga. In 1997, he continued, the NEJAC
passed a resolution to meet in Chattanooga, but a
transition in leadership at OEJ had brought the
NEJAC to Atlanta, Georgia, instead. Mr. Cole
apologized to Dr. Hewell for the NEJAC's failure to
schedule a meeting in Chattanooga.
3.12 Sandra Jaribu Hill, Center for Constitutional
Rights, Greenville, Mississippi
Speaking on behalf of the Mississippi Workers
Center, Ms. Sandra Jaribu Hill, Center for
Constitutional Rights, Greenville, Mississippi,
informed the Executive Council that she would
discuss an issue that, she declared, has not yet been
addressed adequately by government agencies.
That issue, she said, is "dying to make a living."
Every year, continued Ms. Hill, numerous workers in
the United States are killed as a result of hazards in
the workplace. She explained that, while some of
those workers were victims of fatal accidents, many
were poisoned by toxic substances. Segregated
workplaces are found throughout the country, she
pointed out, especially in the southern region, where
workers of color often are assigned the dirtiest, most
dangerous jobs.
Ms. Hill recounted a story about a man who worked
at a Tyson Foods, Inc. poultry plant. When the
worker, who used chlorine to clean processing
machines, became sick and approached his
supervisor, said Ms. Hill, the worker was told to quit
if he did not like the work. The worker contacted the
Occupational Safety and Health Administration
(OSHA), which performed an on-site inspection. The
worker later was fired, continued Ms. Hill. She
added that, because of health problems that arose
while he was working at the Tyson plant, the man
involved currently is unable to work a steady job.
Ms. Hill then described another incident that
occurred in 1992, when 25 workers were killed after
a boiler exploded at a poultry plant located in
Hamlet, North Carolina. The fire doors had been
locked to prevent workers from stealing chickens,
she pointed out. When officials of the Food and
Drug Administration (FDA), U.S. Department of
Health and Human Services (HHS), inspected the
plant before the accident occurred, workers had told
them about the unsafe work conditions. The
officials, however, were concerned only about the
cleanliness of the plant, she said.
Ms. Hill recommended that the NEJAC facilitate the
establishment of an EPA and OSHA task force to
address the chemical poisoning of workers and
environmental racism. Ms. Ramos stated that
community leaders should be encouraged to file
complaints with OSHA on behalf of mistreated
employees. Ms. Hill responded that her community
had filed complaints with OSHA, adding that workers
do not have the right to sue an employer for
compensation for injuries. In response to Ms.
Augustine's question, whether Ms. Hill's organization
works with welfare workers trained to work in
hazardous conditions, Ms. Hill responded that the
welfare workers are forced to work in toxic conditions
without any hazardous waste training.
Ms. Augustine asked Mr. Turrentine whether, as an
environmental issue, OSHA's failure to protect
workers would fall under the jurisdiction of the U.S.
Department of Labor (DOL). Ms. Hill responded that
it would seem that the proper agencies with which to
collaborate on the issue are EPA and OSHA, since
they both acknowledge hazards that affect workers.
Mr. Tseming Yang, Vermont Law School and
member of the International Subcommittee of the
NEJAC, noted that such issues are related to
matters that were to be discussed during the
meeting of the International Subcommittee; he
therefore invited Ms. Hill to attend that meeting. Mr.
Yang asked Ms. Hill whether the problem is lack of
enforcement, lack of adequate laws, or lack of
employee education. Ms. Hill responded that OSHA
does not cover farm workers or domestic workers
who work with dangerous cleaning materials. The
number of OSHA inspectors is insufficient to assess
sites, she stated, and enforcement is an issue, as
well. Mr. Turrentine suggested that Ms. Hill join
forces with a local or national labor union that has
resources and capital to invest. Ms. Hill stated that
her organization had been working with unions, but
that government accountability is needed to protect
workers.
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3.13 James Hill, Scarboro Community
Environmental Justice Network, Oak Ridge,
Tennessee
Stating the he is president of the Oak Ridge Branch
of the National Association for the Advancement of
Colored People (NAACP), Mr. James Hill, Scarboro
Community Environmental Justice Network, Oak
Ridge, Tennessee, noted that the predominantly
African-American community of Scarboro is located
500 yards from the Y-12 nuclear weapons plant.
The state of Tennessee was called upon to
investigate why so many children in the community
were suffering from health problems, he stated, but
that the state of Tennessee refused to take action.
For the past two years, the Scarboro Community
Environmental Justice Network has been meeting
with local, state, and Federal officials to establish
leadership in the community and to conduct health
examinations, he said. The results of those
examinations indicate that asthma rates are higher
than the national average, he pointed out. The
community currently is discussing with DOE the
performance of additional soil sampling, since an
initial sampling showed high levels of contamination
in the community, he said. In addition, Mr. Hill
continued, EPA had presented a sample plan to the
community and provided the community an
opportunity to comment on the plan. Mr. Hill stated
that he wished to inform the NEJAC that many
activities were underway in Scarboro, but that "there
is no closure yet."
3.14 Mildred Colen, Private Citizen, Warren,
Arkansas
Ms. Mildred Colen, a private citizen, Warren,
Arkansas, stated that there are five lumber
companies located in Warren, one of which is
located adjacent to the residences of many families
in the community. She explained that many people
in the community had died of cancer, cardiovascular
disease, or diabetes because they used water from
contaminated wells. She pointed out that city water
was not available to the community until the 1970s.
For more than three decades, the lumber industry
discharged and dumped its wastes on residents'
property, she said. Recent sampling by EPA
revealed the presence of 15 heavy metals in soil,
including arsenic at a level of 17.2 parts per million,
she said, pointing out that the maximum
contamination limit is 0.05 parts per million. Other
testing revealed the presence of nine volatile organic
chemicals that are identical to chemicals used bythe
hardwood industry in the manufacturing of its
products, she stated. The chemicals are known to
cause cancer, kidney and liver problems, and
circulatory disorders, she said, but EPA tells the
community there is no need for concern.
The Arkansas Department of Environmental Quality
(ADEQ), EPA, ATSDR, and the Arkansas
Department of Health are all aware that there is an
illegal landfill created by the industry in the
community, Ms. Colen said. Runoff from the landfill
flows from a stream onto the properties of residents
of the community, she stated. She stated that an
investigator had examined the landfill after she had
offered comments at an environmental justice
enforcement roundtable meeting of the NEJAC in
San Antonio, Texas in 1996. After the examination
of the landfill in her neighborhood, she continued,
and of another landfill in a white neighborhood,
cleanup of the landfill in the white neighborhood was
ordered within weeks.
Ms. Colen added that she since had filed two
administrative complaints with EPA's OCR under
Title VI. She noted that those charges were against
the city of Warren for participating in the pollution of
the neighborhood and ADEQ for issuing a permit
under the National Pollutant Discharge Elimination
System (NPDES) that authorized industry to
discharge effluent onto private property without
monitoring. Not only were the complaints denied,
she said, but OCR also violated her privacy rights by
turning the complaints over to the agencies against
which she had filed them. Since then, she stated,
she had experienced several forms of harassment.
Ms. Colen asked the members of the Executive
Council for any advice they could provide about her
predicament.
Dr. Michel Gelobter, Rutgers University and chair of
the Air and Water Subcommittee of the NEJAC,
asked Ms. Colen what role EPA Region 6 had played
during the proceedings she had described. Ms.
Colen responded that representatives of Region 6
had visited her community several times to
investigate conditions, but that no action had
resulted from those visits. Dr. Gelobter suggested
that Ms. Colen speak with him after the public
comment session to determine how the Air and
Water Subcommittee of the NEJAC can be of
assistance to her community.
3.15 Caitlin Waddick, City Planning Program,
Georgia Institute of Technology, Atlanta,
Georgia
Speaking on behalf of her professor, Ms. Caitlin
Waddick, City Planning Program, Georgia Institute of
Technology, Atlanta, Georgia, introduced to the
members of the Executive Council that program's
research on multiple chemical sensitivity. She noted
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that the Enforcement Subcommittee of the NEJAC
had prepared a draft resolution on multiple chemical
sensitivity that requested that EPA review a host of
issues. Ms. Waddick stated that representatives of
the university's city planning program had reviewed
the resolution and suggested that Item 7 of the
proposed resolution be amended to read as follows,
"The EPA should devise and adopt a reasonable
accommodation policy for affected persons who
work and/or attend meetings held at or sponsored by
the EPA. This should include the identification and
provision of EPA work places and EPA meeting
places which are non-toxic and suitable, a fragrance-
free policy for EPA offices in internal and external
meetings, and other actions to accommodate
multiple chemical sensitivity, disabled workers, and
meeting participants." (Appendix A of this meeting
summary provides the full text of the resolution that
was approved by the Executive Council on May 26,
2000.) For example, she stated, several people had
been unable to attend the public comment period
because the room was not fragrance-free.
Ms. Waddick stated that studies indicate that
multiple chemical sensitivity in the United States
could affect from 16 to 32 percent of the population.
Such persons are so sensitive to chemicals that the
condition is very disruptive in their lives, she said.
Ms. Waddick stressed the importance of passing the
resolution on multiple chemical sensitivity. Action
should be taken now, she said, to prevent more
individuals from becoming sensitized to chemicals.
She explained that people can become sensitized by
exposure to pesticides, indoor air pollutants, and
new carpeting, for example. Mr. Cole stated that Ms.
Waddick should give any recommended changes in
the resolution to him, so that the members of the
Enforcement Subcommittee can discuss those
changes during their meeting.
3.16 Pat Hartman, Concerned Citizens of
Mossville, Westlake, Louisiana
Ms. Pat Hartman, Concerned Citizens of Mossville,
Westlake, Louisiana, stated that, a few years earlier,
the city of Mossville had experienced a toxic spill that
caused several illnesses and deaths among
members of the community. The people of Mossville
filed a class action lawsuit, she said, but she
characterized the settlement reached as unfair. In
addition, there are refineries throughout the
community that contaminate the.land, air, and water,
she said. State and Federal agencies have not
provided any assistance, she stated. Many people
in the community continue to be sick, she explained,
from cancer and other illnesses resulting from the
spill. Ms. Hartman asked that the NEJAC help the
people of Mossville in their effort to have a health
clinic established in their community. Doctors do not
understand that the illnesses are caused by
chemical contamination, and they prescribe
medication that is unaffordable, she explained. Ms.
Hartman noted that the community has united with
other minority communities in Louisiana and around
the country to address the environmental injustices
that occur in their respective communities. Ms.
Shepard stated that residents of Mossville were to
meet with members of the Health and Research and
Waste and Facility Siting subcommittees to discuss
the issues further on the following day.
3.17 Pat Costner, GreenPeace International,
Eureka Springs, Arkansas
Dr. Pat Costner, GreenPeace International, Eureka
Springs, Arkansas, introduced Mr. Damu Smith,
GreenPeace International, Washington, D.C., and
stated that Mr. Smith would present the opening
comments of her presentation. Mr. Smith reminded
the Executive Council that, at the December 1999
meeting of the NEJAC, he had discussed an
investigation of dioxin exposure that ATSDR had
conducted in Mossville. ATSDR had completed that
investigation, he said, adding that Dr. Costner would
provide a critique of the scientific evidence related to
the dioxin crisis.
Dr. Costner stated that the 28 people who were
tested in Mossville during the investigation had levels
of dioxin and PCBs in their blood at three times the
background level for the population of the United
States. Those levels fall within the range at which
adverse health effects have been identified in both
laboratory animals and humans, she said. That
finding suggests that there are unique local sources
of dioxin and PCBs in Mossville, she added. ATSDR
also analyzed a sample of breast milk that contained
levels of dioxin and PCB that were 30 percent higher
than average, she pointed out. In addition, she said,
dioxin levels in soil in people's yards in Mossville are
17 times higher than levels found in rural areas of
the United States. On the basis of those findings,
she continued, the citizens of Mossville recommend
that the NEJAC make it a priority to identify and
eliminate the source of contamination of dioxin and
PCBs in Mossville. Not only must the facilities be
dealt with, she declared, but the dumps and landfills
also must be remediated.
3.18 Charlotte Keys, Jesus People Against
Pollution, Columbia, Mississippi
Stating that she has personal experience with local
public health issues arising from exposure to
contamination, Ms. Charlotte Keys, Jesus People
Against Pollution, Columbia, Mississippi, stated that
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the only true remedyfor many such issues is to bring
all agency resources together. She pointed out that
sites being remediated under the Resource
Conservation and Recovery Act (RCRA) and
Superfund, Federal facilities, pesticide sites, and
similar sites often are the source of the same public
concerns. Most of the sicknesses in minority
communities result from environmental pollution, not
poverty, she noted. Ms. Keys recommended that the
NEJAC work to enact or enforce existing policies to
make it mandatory for agencies to foster
partnerships with communities to develop corrective
measures through a joint effort involving all agency
resources. DoD, DOE, HUD, HHS, the U.S.
Department of Transportation (DOT), EPA, and
other agencies should resolve public health issues
through the use of existing funds and develop new
funds so that communities can receive health care
services, she said. In addition, she continued,
medical professionals should undergo training in the
effects of toxic contaminants on health so that they
can make accurate diagnoses of illnesses related to
exposure to contamination.
3.19 Ian Zabarte, Western Shoshone National
Council, Indian Springs, Nevada
Mr. Ian Zabarte, Western Shoshone National
Council, Indian Springs, Nevada, stated that
environmental racism in policy practiced by agencies
of the government, such as the U.S. Department of
Justice (DOJ) and EPA, is killing the Western
Shoshone people. The Western Shoshone have
filed documents in U.S. courts that present an
analysis and critique of Federal plenary power over
Indians, he said. The doctrine of U.S. Federal
trusteeship that is asserted over American Indians
originated in an era of racial discrimination, he
explained, and is unacceptable in modern society.
The Federal government asserts that it has plenary
power and trusteeship over the Western Shoshone,
he said. From the government's perspective, he
said, such a position means that the government can
exert unlimited administrative control over the
Western Shoshone people and their property. The
policy destroys the Western Shoshone language,
culture, and tradition, he pointed out. The Federal
government maintains that Western Shoshone
territory was taken, and that money has
compensated them for such taking, but at no time
have the Western Shoshone relinquished title to their
lands, he added. Further, they have refused
payment for claims on their territory, said Mr.
Zabarte. The foundation cases of U.S. Federal
Indian law are grounded on principles of supremacy
that date back to the 15th century, he stated. Mr.
Zabarte pointed out that the cases that the United
States uses to justify its policies are based on
distinctions between Christians and heathens that
penalized Indians for not believing in Christianity.
Today, that unjust posture of Christian right
continues to influence the government's dealings
with Native Americans, he stated, and is used to
justify the ongoing theft of land and natural
resources.
Mr. Zabarte noted that the United States has
detonated 924 nuclear weapons within Shoshone
territory and buried 828 such weapons underground.
Radiation is entering the groundwater, he said.
Native Americans also have been targeted for a
proposed high-level nuclear waste repository at
Yucca Mountain, Nevada, he added. Mr. Zabarte
stated that Native American communities have
compiled research to deal with such problems and
representatives of those communities were to
present that research at the meeting of the
International Subcommittee.
3.20 Michelle Xenos, Shundahai Network, Las
Vegas, Nevada
Ms. Xenos explained that the definition of health
discussed during the public comment periods had
excluded mental and spiritual health. Mental and
spiritual health are equally important, she pointed
out, and manifest physical health. People are linked
with other people and their environment, she
continued; what happens to one person affects other
people, as well. Ms. Xenos noted that the people of
her community believe there are flaws in the
methodologies used in the conduct of health studies
and that people have difficulty accepting the way the
results of such studies are interpreted. She stated
that a profit-driven society will not be healthy,
because profit is generated through exploitation of
the earth. Not only is the environment exploited, she
continued, but Native Americans and African-
Americans also are mistreated. Ms. Xenos stated in
conclusion that EPA and the NEJAC should protect
the resources that create profit.
3.21 David Baker, Community Against Pollution,
Anniston, Alabama
Thanking the NEJAC for visiting Anniston on its fact-
finding tour the day before, Mr. David Baker,
Community Against Pollution, Anniston, Alabama,
stated that three and one-half million tons of PCBs
currently are buried in the neighborhood of Anniston,
Alabama. A number of industries have assaulted
that city, he said. The community has been working
with EPA, he continued, and the results to date had
been satisfactory. Mr. Baker stated that, on the
preceding day, a judge in one of the litigation cases
had informed Monsanto Company that the
corporation must alleviate the contamination in
Anniston, he stated. Yet, three and one-half million
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tons of PCBs remain buried in the community, he
reiterated. The community requested that EPA
relocate people or remove the mountain of PCBs, he
stated. Mr. Baker asked for the assistance of the
NEJAC in addressing the Issue, adding that the
community also needs assistance in arranging the
establishment of a health clinic.
3.22 Natalie Leverette, PEACE, Richton,
Mississippi
Ms. Natalie Leverette, PEACE, Richton, Mississippi,
stated that all the households in her predominantly
black community experience some type of health
problem. Members of the community had requested
information from DOE about the chemical
companies in the community, believing that those
facilities could be causing the health problems, she
explained. The community discovered that wells in
their neighborhoods were contaminated with high
levels of chloride, sodium, strontium, and boron, she
said. Members of the community reviewed some
water reports of the U.S. Geological Survey (USGS),
DOI, she continued, and discovered that their wells
consistently showed high levels of contamination
year after year, while wells in nearby neighborhoods
did not show any contamination. The chemical
companies and DOE both deny any involvement in
the contamination of their community, she stated.
Ms. Leverette mentioned that the community also
had discovered that their water supply comes from
a separate system from that supplying other
communities nearby. In 1993, she continued, the
community learned that there were traces of arsenic
in the water, but the state environmental department
of Mississippi denied that finding, she said! The
contaminated well recently had been sealed, she
stated. Ms. Leverette requested that the NEJAC
arrange for EPA to help the community test the
sealed well to identify contaminants its citizens have
been exposed to. In addition, she said, the
community needs health facilities to address the
medical problems of its people.
3.23 Nan Freeland, Natural Resources
Leadership Institute, Raleigh, North
Carolina
Ms. Nan Freelandj Natural Resources Leadership
Institute, Raleigh, North Carolina, expressed concern
about fish consumption advisories and how they are
related to environmental justice. In North Carolina,
she stated, fish consumption advisories rarely are
posted in areas in which poor people and African-
Americans will see them. Advisories typically are
posted in areas to which people who have fishing
boats go, she explained, but rarely in areas in which
people fish without boats. Children often play in the
water, as well, she stated, adding that fish advisories
sometimes are not posted until after dead fish have
been found. Streams and tributaries affected by
advisories often run through communities, she
pointed out, but the advisories are not placed in
communities in which people work and live. North
Carolina has had a significant problem with pollution
of streams and rivers, she stated, and it is important
that fish consumption advisories be posted. Fish are
dying and disappearing in places in which they once
were plentiful, she said. Ms. Freeland stated that,
when fish consumption advisories are issued, they
should be highly publicized, not merely posted in
recreational areas. Citizens also should be educated
about what fish advisories mean, she said. Dr.
Gelobter pointed out that Ms. Freeland was to attend
the meeting of the Air and Water Subcommittee on
the following day. He added that such issues are
relevant in Indian country, as well.
3.24 Connie Tucker, Southern Organizing
Committee for Economic and Social
Justice, Atlanta, Georgia
Ms. Connie Tucker, Southern Organizing Committee
for Economic and Social Justice, Atlanta, Georgia,
explained that on May 5 and 6, 2000,
representatives of 15 communities in EPA Region 4
attended a citizens training forum. The goals of the
forum were to educate citizens about the structu re of
the NEJAC, discuss public health issues that affect
low-income and minority communities, and discuss
recommendations related to policy for addressing
public health issues, she said. The forum focused
on a community-based public health model to elicit
the views of representatives of affected
communities, she stated. A planning committee
subsequently was formed to identify major issues
and policy recommendations gathered during the
forum, she said. The major issues identified, she
pointed out, were children's health, air and water
pollution, Superfund and brownfields sites, Federal
facilities, and commercial agriculture. The planning
committee is preparing a document that sets forth
policy recommendations on assessment,
intervention, and prevention. The document will be
presented to the NEJAC when it is completed, she
stated.
Ms. Tucker suggested to the Executive Council that
each region that hosts a meeting of the NEJAC
should provide funding for environmental justice
organizations to conduct similar forums so that those
organizations can present a list of recommendations
to the NEJAC before the meeting begins. She
added that EPA should provide adequate funding to
foster community participation and allow
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communities to obtain technical assistance. Ms.
Tucker also stated that the NEJAC should develop
a process for reviewing and adopting
recommendations provided during public comment
periods. Concluding her statement, she requested
that the NEJAC begin to concentrate on the failure of
EPA to provide oversight of enforcement and
compliance responsibilities delegated to states.
3.25 Edgar Moss, Mclntosh Environmental
Justice Taskforce, Inc., Atlanta, Georgia
Noting that he was a retired worker for Ciba-Geigy
Chemical Corporation, Mr. Edgar Moss, Mclntosh
Environmental Justice Taskforce, Inc., Atlanta,
Georgia, 'stated that the African-American
community of Mclntosh is located on the f enceline of
facilities of the Ciba-Geigy and Olin Corporation
Chemical Divisions. Ciba-Geigy produces pesticides
that cause cancer and developmental problems in
children, he explained. He pointed out that the
companies contaminated the basin of the
Tombigbee river, creating a Superfund site. Mr.
Moss indicated that the rates of cancer and other
illnesses are high among workers in the community,
and children surfer from learning disabilities. He
pointed out that no state or Federal agencies have
intervened or provided help to the community. Mr.
Moss requested that the NEJAC intervene and
investigate the need for relocation in Mclntosh.
3.26 Usha Little, Native American Environmental
Protection Coalition, Valley Center,
California
Noting that some of, her colleagues had spoken
previously about the Gregory Canyon Landfill, Ms.
Usha Little, Native American Environmental
Protection Coalition, Valley Center, California,
informed the Executive Council that the proposed
landfill would cover 1,770 acres of canyon land, part
of which is the watershed of the San Luis Rey River,
which replenishes groundwater sources in southern
California. The habitat includes a diverse population
of native plants and animals, she stated, and the
area is adjacent to the lands of six Indian tribes. The
landfill site would have a significant effect on the
livelihood of a minority population whose voices are
unheard, and whose resources are already limited,
she explained.
The site proposed forthe Gregory Canyon Landfill is
Medicine Mountain, which is a Native American
place of worship, she stated. Medicine Rock, a
location on the mountain, has been a part of Indian
culture through many generations, she said, adding
that it is a place where Native Americans can
connect with their ancestors' religious and spiritual
knowledge. There are 22 prehistoric and historic
sites on the mountain, Ms. Little added, and three
types of vegetation present there are listed in the
California Environmental Quality Act. She pointed
out that traffic will increase significantly, and air
pollution will affect six reservations. Ms. Little
requested that the NEJAC contact and advise the
agencies responsible for issuing the landfill permit.
She closed her statement by reiterating that the
Gregory Canyon Landfill is an environmental and
cultural disaster, and is a desecration in the eyes of
Native American people. Ms. Little submitted a
videotape to the NEJAC that documented comments
from tribal leaders and community members who
had been unable to attend the meeting. Mr.
Goldtooth noted that the Waste and Facility Siting
and the Indigenous Peoples subcommittees would
follow-up on the issue.
3.27 Hazel Johnson, People for Community
Recovery, Chicago, Illinois
Pointing out that she is a former member of the
NEJAC, Ms. Hazel Johnson, People for Community
Recovery, Chicago, Illinois, stated that her
community is affected by heavy toxic contamination.
Instead of asking the state or the health department
to perform a health study, Ms. Johnson said, she is
requesting that the NEJAC help train residents to
conduct their own health study. Residents then
would not be concerned about being misled by the
government, Ms. Johnson explained.
After PCBs were discovered in the community, its
citizens filed a class action lawsuit against the public
housing authority because the authority had
neglected to inform residents of the toxic living
conditions before they moved in, she said. Several
people in the community are dying of a variety of
illnesses, she explained, and health care is too
expensive for residents of the community to afford.
Similar problems are occurring around the country,
she stated, and it is time that agencies take action.
Ms. Johnson also requested that the NEJAC help
provide training for medical personnel because they
are not skilled in diagnosing illnesses caused by
toxic contamination.
3.28 Mark Mitchell, Connecticut Coalition for
Environmental Justice, Hartford,
Connecticut
Mr. Mitchell stated that his organization had
performed some community-based, community-
driven research on contamination in Hartford,
Connecticut. Hartford has the highest documented
rate of asthma in the United States, as demonstrated
by a study conducted by the Connecticut Children's
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Medical Center that indicated that 41 percent of the
city's children have asthma, he said. Mr. Mitchell
pointed out that it is important to examine the high
rates of asthma and the relationship of such rates to
air toxins. Trash and sewage sludge in the
community account for 2,000 tons of airtoxins a year
that are not reported to the TRI, he stated.
Mr. Mitchell informed the Executive Council that his
organization had documented a new kind of medical
condition called chronic recurrent respiratory ailment
that occurs in Hartford and other urban areas around
the country. Such respiratory illnesses, he
explained, have symptoms similar to those of minor
colds and last several months. Studies show that
the incidence of the condition is not distributed
evenly through the city, he said, adding that it is
concentrated in areas in which rates of air pollution
are higher than those in areas in which the incidence
is relatively low.
Mr. Mitchell stated that asthma is a two-step process
that involves an initiator and a promoter. Toxins are
the initiators, he explained, and other air pollutants,
such as allergens or dust mites, are promoters of
asthma, once it has developed. Mr. Mitchell stated
that hormonal mimics, such as RGBs and dioxins,
should be studied because they may cause allergies
and autoimmune conditions. Mr. Mitchell stated that
community-based organizations should be
represented on NEJAC subcommittees. He added
that people should be tested to determine whether
there is a relationship between the increase in
chemical contaminants and the increases in disease
rates. Such testing should focus on health
outcomes, rather than.engineering controls, he said,
and diseases related to environmental conditions
must be addressed.
3.29 MaVynee Oshun Betsch, A.L. Lewis
Historical Society, American Beach, Florida
Ms. Betsch informed the Executive Council that
there are three dump sites in Jacksonville, Florida
that should be addressed by EPA. Representatives
of Jacksonville had been unable to attend the
meeting, she stated, but the information they wished
to bring to the attention of the NEJAC had been
provided to the Executive Council.
Continuing, Ms. Betsch stated that she is a survivor
of environmental injustice. She then recommended
that the NEJAC form a work group of people who
have survived such injustice. She stated that she
once lived in London, England where the air pollution
caused by coal-fired plants was so heavy that she
had found it necessary to wear surgical masks. Ms.
Betsch explained that she lives a very healthy
lifestyle, even though she has colon cancer. She
pointed out that illnesses caused by contamination
can be treated with the right diet and medications.
People should listen to folklore, she stated, because
there is a chance that folk remedies can cure their
ailments. She pointed out that understanding the
culture of a community and talking to members of
communities on their level will enhance the ability to
treat their ailments.
3.30 Damu Imara Smith, GreenPeace,
International, Washington, D.C.
Mr. Smith discussed environmental justice issues
affecting the community of Mossville, Louisiana that
were to be addressed during the scheduled joint
meeting of the Waste and Facility Siting
Subcommittee and the Health and Research
Subcommittee. He noted that, while the meeting
would focus on the health and dioxin crisis in
Mossville, he also wanted the NEJAC to examine the
policy implications of the government's dealings with
the community. It is important to examine
Mossville's situation to determine how other
communities in similar circumstances would be dealt
with, he stated. Mr. Smith noted that his
organization would demonstrate the seriousness of
the dioxin crisis in Mossville and discuss the
responses of state and Federal agencies. State and
Federal agencies have taken a series of actions to
frustrate the communities' efforts to obtain
environmental justice and to undermine the work of
Mossville Environmental Action Now, the
organization that has been mobilizing the community
for three years, he stated. Mr. Smith requested that
the Executive Council provide advice on the most
effective way to follow-up health studies. In addition,
he continued, the communities would like to address
the proper role of Federal agencies in cases in which
state agencies fail to act.
3.31 Elizabeth Crowe, Chemical Weapons
Working Group, Berea, Kentucky
Noting that there were some points that had been
missed in discussions of community-based health
assessments, Ms. Crowe pointed out that there had
been no mention of alternative assessment in
discussions of shifting the burden of proof to industry
and the military. A justice-based, community-based
health assessment is not feasible until EPA and
other agencies stop presuming that industries are
innocent until proven guilty, she stated. It should be
assumed that chemicals are harmful, she explained,
until industry can prove otherwise. A precautionary
principle states that, when science cannot fill data
gaps, even because of a lack of evidence, it is
imperative to err on the side of precaution and public
Atlanta, Georgia, May 23 and 24, 2000
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Public Comment Periods
National Environmental Justice Advisory Council
health, she said. A protective model linked with a
precautionary principle is the alternative assessment
that, if implemented, dictates that, if an action is too
dangerous it will be unacceptable from a public
health standpoint, she explained. Lacking such an
assessment, she continued, EPA provides little
incentive for the development and use of cleaner
technologies. Ms. Crowe then stated that, in the
case of the issue of community health assessment,
the burden of proof continues to be placed on
communities like Mossville. The people of such
communities are the people who are dying, she
declared, and they should not be expected to prove
that they are being harmed.
3.32 Jim MacDonald, Pittsburg (California)
Unified School District, Pittsburg, California
Mr. MacDonald stated that EPA has made many
decisions that make environmental justice
impossible. Industry can bypass most of the
programs instituted by EPA simply by saying that it
is not creating adverse effects, he explained. The
argument about cause and effect can go on for
years, he said. EPA must recognize that
environmental justice is a civil rights matter, he
stated, and that everyone has the right to breathe the
same quality air. The placement of industry in
African-American neighborhoods is brought about by
the same mechanism that caused the segregation of
public education, he said. Zoning practices arose
from racism and discrimination, he stated.
Mr. MacDonald pointed out that a minority of people
"run this country" because so many individuals
choose not to vote. City councils have more control
than most people understand, he said. It is
important that communities understand their city
council, because those bodies often are controlled
by big business and commercial interests, he stated.
Mr. MacDonald suggested that, before voting for
politicians, people should ask those politicians
whether they intend to support new industries or
sources of pollution if they are elected.
3.33 Donnel Wilkins, Detroiters Working for
Environmental Justice, Detroit, Michigan
Noting that EPA's mission ensures the protection of
health, Ms. Donnel Wilkins, Detroiters Working for
Environmental Justice, Detroit, Michigan, recounted
the story of a 15-year-old girl who died of an asthma
attack. A common-sense approach must be taken
to address the health effects on communities and
the issues of concern to those communities, she
said. She suggested that a remedial education
project should be developed that includes
representatives of local, state, and Federal agencies,
and of communities, as well. There is an
assumption, she continued, that communities do not
understand the issues they face, and there is
disregard for the knowledge members of
communities possess. Existing laws should be
enforced, and health must be placed first in
importance, she stated. Also needed is a reversal in
the trend that places the burden on communities to
prove that health disparities exist, she added.
Ms. Wilkins discussed a recent battle against a
hospital in her community that had a medical waste
incinerator that was not in compliance with
applicable regulations. The community learned that
rates of asthma were higher in areas adjacent to the
facility, and it was successful in shutting down the
facility, she explained. Before that was done, she
stated, the community was required to prove that the
health problems of its members were linked to
emissions from the incinerator. Ms. Wilkins pointed
out that the answers to some environmental
problems exist, but more interaction among
agencies and sharing of resources are necessary to
effectively implement such solutions. She noted as
well the need for a better understanding of
cumulative effects and the health risks they pose.
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MEETING SUMMARY
of the
AIR AND WATER SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 25, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
Alice Walker
Office of Water
U.S. Environmental Protection Agency
Co-Designated Federal Official
Wil Wilson
Office of Air and Radiation
U.S. Environmental Protection Agency
Co-Designated Federal Official
Michel Gelobter
Chair
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CHAPTER THREE
SUMMARY OF THE
AIR AND WATER SUBCOMMITTEE
1.0 INTRODUCTION
The Air and Water Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a one-day meeting on Thursday, May 25,
2000, during a four-day meeting of the NEJAC in
Atlanta, Georgia. Dr. Michel Gelobter, Graduate
Department of Public Administration, Rutgers
University, continues to serve as chair of the
subcommittee. Ms. Alice Walker, U.S.
Environmental Protection Agency (EPA) Office of
Water (OW), and Dr. Wil Wilson EPA Office of Air
and Radiation (OAR), continue to serve jointly as the
Designated Federal Officials (DFO) for the
subcommittee. Exhibit 3-1 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 Air and Water Subcommittee, is
organized into five sections, including this
Introduction. Section 2.0, Remarks, summarizes the
opening remarks of the chair of the subcommittee.
Section 3.0, Review of the December 1999 Meeting
Summary, summarizes the comments made by
members of the subcommittee on the preliminary
draft of the summary of the subcommittee's meeting
in December 1999. Section 4.0, Presentations and
Reports, presents an overview of each presentation
and report delivered during the subcommittee
meeting, as well as a summary of the questions
asked and comments offered by members of the
subcommittee. Section 5.0, Resolution and
Significant Action Items, summarizes the resolution
forwarded to the Executive Council of the NEJAC for
consideration and the significant action items
adopted by the subcommittee.
2.0 REMARKS
Dr. Gelobter began the subcommittee meeting by
welcoming the members present and Ms. Walker
and Dr. Wilson to the third meeting of the Air and
Water Subcommittee. He introduced Ms. Annabelle
Jaramillo, Citizens' Representative, Oregon Off ice of
the Governor, as the new vice-chair of the
subcommitee. He announced that Ms. Jaramillo
would serve as subcommittee chair should it be
necessary for him to leave the meeting during the
day. Dr. Gelobter then asked the members of the
subcommittee and speakers at the meeting table
and the representatives of EPA in the audience to
Exhibit 3-1
AIR AND WATER SUBCOMMITTEE
Members
Who Attended the Meeting
May 25,2000
Dr. Michel Gelobter, Chair
Ms. Annabelle Jaramillo, Vice Chair
Ms. Alice Walker, co-DFO
Dr. Wil Wilson, co-DFO
Dr. Bunyan Bryant
Ms. Daisy Carter
Ms. Rosa Hilda Ramos
Mr. Leonard Robinson
Mr. George Smalley*
Mr. Damon Whitehead
Ms. Marianne Yamaguchi
Members
Who Were Unable to Attend
Dr. Elaine Barron
Ms. Clydia Cuykendall
Dr. Daniel Greenbaum
* Mr. George Smalley served as a proxy for Ms.
Clydia Cukendall
introduce themselves. Mr. George Smalley,
Manager, Constituency and Community Relations,
Equiva Services LLC, served as a proxy for Ms.
Clydia Cukendall, JC Penney. Dr. Carlos Padin,
School of Environmental Affairs, The Metropolitan
University and chair of the Puerto Rico
Subcommittee of the NEJAC, a new member of the
NEJAC, was observing the various subcommittees.
Dr. Gelobter concluded his opening remarks by
stating that, although meetings of the subcommittee
are not fully open to audience participation,
members of the audience would be given the
opportunity to ask questions if time permitted and if
an issue was pressing.
Atlanta, Georgia, May 25,2000
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Air and Water Subcommittee
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3.0 REVIEW OF THE DECEMBER 1999
MEETING SUMMARY
Members of the subcommittee began by reviewing
the preliminary draft of the summary of the
December 1999 meeting of the subcommittee.
To clarify a point of information, Ms. Dana Minerva,
Deputy Assistant Administrator, EPA OW, stated that
Mr. Will Hall, EPA OW, had made a presentation on
concentrated animal feeding operations (CAFO)
during the December 1999 meeting of the
subcommittee.
Ms. Daisy Carter, Director, Project Awake, asked
about the status of EPA's response to her request,
cited at the bottom of page 3-8 of the preliminary
draft, that called for EPA to develop a time frame for
accomplishing its goals under its economic incentive
program (EIP), programs state agencies can
implement under the Clean Air Act (CAA) to improve
air quality. EPA did not provide a response. Ms.
Jaramillo asked that Ms. Carter's request be added
to the list of action items for the present meeting of
the subcommittee.
Dr. Gelobter moved that revisions discussed be
incorporated into the draft summary. Ms. Marianne
Yamaguchi, Director, Santa Monica Bay Restoration
Project, seconded the motion, and the motion
passed.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Air and Water
Subcommittee, including discussions that took place
during a joint session with the Waste and Facility
Siting Subcommittee of the NEJAC on reducing toxic
loadings.
4.1 Public Utilities
Members of the subcommittee continued
discussions initiated during the December 1999
meeting of the subcommittee about the effects and
regulation of public utilities, as related to
environmental justice.
Dr. Gelobter stated that Dr. Daniel Greenbaum,
Health Effects Institute, is the chair of the
subcommittee's Public Utilities Work Group. On
behalf of Dr. Greenbaum, Dr. Gelobter then
presented an update on the progress of the work
group. He summarized the discussion of public
utilities that took place during the December 1999
meeting of the subcommittee. He reported that
nationwide, 80 percent of the harmful effects on air
quality result from energy use. Dr. Gelobter stated
that the primary focus of the work group is to involve
the NEJAC in policy decisions associated with the
regulation of air emissions from public utilities. He
added that a secondary goal of the work group is to
examine the local, regional, and national
environmental effects of the energy industry on
environmental justice communities. Dr. Gelobter
reported that Dr. Greenbaum and the Public Utilities
Work Group are committed to an aggressive
agenda.
Dr. Gelobter then introduced two presentations
related to public utilities.
4.1.1 Coal-Fired Power Plants in Georgia
Ms. Felicia Davis Gilmore, Director, Georgia
AirKeepers Campaign Director, Ozone Action, and
Ms. Connie Tucker, Executive Director, Southern
Organizing Committee for Economic and Social
Justice and former member of the Waste and
Facility Siting Subcommittee of the NEJAC,
presented concerns about the health and
environmental effects of coal-fired power plants in
Georgia.
Ms. Tucker stated that the Southern Organizing
Committee for Economic and Social Justice
represents communities that have environmental
justice concerns in Georgia that are affected by dirty
power plants. She said that the organization felt
compelled to become involved in the national clean
aircampaign because asthma is an epidemic among
African Americans and Latino Americans. She
reported that Atlanta is in noncompliance with the
requirements of the CAA. She stated that, on certain
days, local citizens actually can smell the ozone in
the air. She then introduced Ms. Gilmore, a long-
time community-based activist, to make a
presentation on the effects of public utilities on the
health of environmental justice communities in
Georgia.
Ms. Gilmore stated that the right to breathe clean air
is among the fundamental rights of humans. She
stated that the citizens of Georgia are primarily
concerned about cars and their contributions to air
pollution; there is little concern about the effects of
power plants on air pollution, she pointed out. She
reported that coal-burning power plants in Georgia
play a significant role in the state's "smog crisis."
Ms. Gilmore discussed the current levels and health
effects of pollution from coal-fired power plants,
citing the following statistics: 23 percent of nitrogen
oxides that form smog, 82 percent of sulfur dioxide
that form particulate pollution and acid rain, 42
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percent of the greenhouse gas carbon dioxide, and
approximately one-third of toxic mercury emissions
in Georgia are generated by coal-fired power plants.
She reported that Georgia derives 64 percent of its
electricity from 11 coal-fired power plants in the
state. Nuclear power (30 percent), hydroelectric
power (5 percent), natural gas (0.4 percent), and oil
(0.3 percent) make up the remaining power sources
in Georgia.
Ms. Gilmore said that coal-fired power plants pollute
at rates up to nine times higher than the CAA allows
for new power plants. She explained that, when the
CAA was being revised, industry lobbyists convinced
members of Congress that power plants in existence
before 1980 were to be phased out soon and
replaced with more efficient systems. She stated
that the industry lobbied for exemption from
requirements for the installation of the best available
technology, which consisted of selective catalytic
reduction systems for nitrogen oxides and scrubbers
for sulfur dioxide. However, she reported, all 11
coal-fired power plants in Georgia are still in
operation more than 20 years later. She estimated
that, if Georgia's existing coal-fired power plants
were to meet the same standards imposed upon
new coal-fired power plants, emissions of nitrogen
oxide and sulfur dioxide would be reduced by 68
percent and 78 percent, respectively. She stated
thatthose reductions in emissions were equivalent to
the reductions that would be achieved by removing
4.8 million cars from the road.
Ms. Gilmore then discussed a comparison of the
cost of cleaning up the existing coal-fired power
plants in Georgia with the cost associated with
maintenance of the status quo. Acknowledging that
the way a company chooses to spend its money is
rooted in its priorities, she described Southern
Company, owner or co-owner of the 11 coal-fired
power plants in Georgia. The company, she said,
has spent over $3.4 billion dollars on investment
outside its traditional southeast service area and
asked the Public Service Commission to raise its
rates so that the company could spend up to $4
billion more. Ms. Gilmore explained that the Public
Service Commission regulates the rates that
customers pay for utilities. She stated that the
money could have been invested in statewide
cleanup. Ms. Gilmore then reported that clean air
specialists had estimated a conservative cost for
bringing Georgia's 11 coal-fired.power plants up to
modern-day standards of approximately$156 million
per year for 15 years for nitrogen oxide controls and
$222 million per year for 15 years for sulfur dioxide
controls. She added that, in 1999, Southern
Company reported a revenue of $11.4 billion and a
net income of $977 million.
Ms. Gilmore then reported on the estimated cost to
society if the existing coal-fired power plants are not
cleaned up. According to Research Atlanta, an
independent public policy group, the cost of
nonattainment of Federal air quality standards for
ozone and particulates in the Atlanta area will be
higher than the cost of cleanup. She then cited
several reasons to support that finding, such as poor
air quality makes Georgia less attractive to new
businesses and limits the state's prospects for
economic development. The economy also suffers
when the benefits of new technology, such as
renewable energy are ignored, she continued. She
stated that the decrease in agricultural productivity
as a result of high levels of ozone in Georgia is
estimated to be draining $250 million from Georgia's
economy each year, adding that health costs also
are high. It is estimated, she pointed out, that
billions of dollars included in the nation's annual
health costs are associated with outdoor airpollution.
Ms. Gilmore added that other health costs
associated with air pollution include increases in
health-care insurance premiums because of the
increasing number of visits to emergency rooms and
doctors' offices and more widespread use of asthma
medications.
Ms. Gilmore stated that the solution to such
problems must be arrived at on the Federal level.
She reported that the proposed Clean Smokestacks
Act of 1999 is the most comprehensive bill so far
that addresses the air emissions problems related to
coal-fired power plants. She explained that the act
mandates that 30-year-old power plants meet the
standards under the CAA that govern new power
plants. It also sets standards for mercury and
carbon dioxide, which currently are unregulated
under the CAA, she said. She stated that
Representatives John Lewis (D-Ga.) and Cynthia
McKinney (D-Ga.) are co-sponsors of the bill. She
asked that members of the subcommittee and the
audience also urge their representatives to support
the legislation.
Ms. Gilmore also discussed the need for a public
education campaign to inform lower-income and
minority communities about the effects of coal-fired
power plants in Georgia. She urged the
subcommittee to pass a resolution to support such
a campaign. She explained that many families are
unaware of the health effects because they cannot
actually see the pollution.
Ms. Rosa Hilda Ramos, Community Leader,
Community of Catano Against Pollution, asked
whether the proposed Clean Smokestacks Act
applies to oil-fired power plants. Ms. Giimore
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explained that the bill pertains exclusively to coal-
fired power plants.
Ms. Eileen Gauna, Professor of Law, Southwestern
University of Law, asked how many of the 11 coal-
fired power plants in Georgia are located in or near
low-income communities of color. She also asked
which kind of air pollution - including nitrogen oxide,
sulfur oxide, and carbon dioxide pollution - have
localized effects. Third, Ms. Gauna asked whether
power plants continue operating by identifying
process changes as maintenance and repair, rather
than modifications.
In response to Ms. Gauna's first question, Ms.
Gilmore stated that her organization had been
examining the demographics of communities in the
vicinity of the power plants. She stated that, to date,
the results of the examination had shown no
disparate effect of air pollution from the coal-fired
power plants on environmental justice communities.
She said that the entire population seems to be
affected equally by the pollution. That fact, she
noted, is a "wonderful twist to the environmental
justice opportunity" because it brings together
traditional environmental groups and environmental
justice groups. Ms. Gilmore did acknowledge a
disparity in rates of asthma in minority communities
because such groups generally experience a higher
incidence of respiratory problems than higher-
income groups.
Mr. John Sertz, Director, EPA OAR at Research
Triangle Park, explained that the existing power
plants have grandfathered rights and therefore are
not required to meet many current standards, under
the CAA. He pointed out that EPA does not have the
authority to shut down power plants. However, he
noted, EPA can mandate the use of best available
technologies to mitigate air pollution.
Ms. Yamaguchi stated that, in Los Angeles, smog
reports are issued like weather reports. She asked
Ms. Gilmore about the reporting of air pollution in
Atlanta. Ms. Gilmore said that similar advisories are
issued in Atlanta, but that knowledge in the lower-
income communities about the health problems
associated with those advisories is insufficient. She
added that more affluent residents relocate away
from the city or are sufficiently aware of the problem
to stay indoors when such advisories are issued.
Families in lower-income communities, on the other
hand, often are not able to relocate to an area where
the air is cleaner or are unaware of the health
problems air pollution causes, she said. Ms. Gilmore
reemphasized her organization's position that lower-
income communities must be educated about the
health problems associated with air pollution.
Dr. Gelobter suggested to Ms. Gilmore that Georgia
Air Keepers participate in the subcommittee's Public
Utilities Work Group. Ms. Gilmore agreed. Dr.
Gelobter then stated that a public education
campaign on coal-fired power plants should be on
the work group's agenda. Mr. Damon Whitehead,
Earth Conservation Corps, referred to a mercury
study by the National Academy of Sciences (NAS)
that Mr. Tom Goldtooth, Indigenous Environmental
Network and chair of the Indigenous Peoples
Subcommitee of the NEJAC, had discussed during
the meeting of the Executive Council of the NEJAC
on the previous day. Mr. Whitehead requested that
the Public Utilities Work Group obtain a report on
that study. Dr. Bunyan Bryant, Professor, School of
Natural Resources and Environment, University of
Michigan, requested a copy of the Clean
Smokestacks Act of 1999 that Ms. Gilmore had
discussed.
4.1.2 Regulation of Mercury Emissions from
Coal-Fired Power Plants
Ms. Ellen Brown, EPA OAR, asked the members of
the subcommittee for their views on whether EPA
should regulate mercury emissions from coal-fired
power plants. She reported that EPA is required to
make a finding no later than December 15,2000, on
whether it is appropriate and necessary to regulate
hazardous air pollutants (HAP), including mercury,
from coal-fired power plants. She stated that, if EPA
decides to regulate, the Agency faces a deadline
under law to propose a regulation by December
2003. She added that a final regulation would be
issued in December 2004 and implemented fully by
the end of 2007.
Ms. Brown presented some background information
about the issue of whether mercury emissions from
coal-fired power plants should be regulated. In
February 1998, she reported, EPA published a report
to Congress on HAPs generated by electric power
plants. In the report, EPA identified mercury
emissions from coal-fired power plants as the HAP
of greatest concern as a public health issue.
Continuing, Ms. Brown stated that coal-fired power
plants are the largest source category of mercury
emissions in the United States, accounting for one
third of anthropogenic emissions to the air. Merci)ry
emissions are transported through the air and
deposited to water and land, she explained. Once
mercury enters the water, either through air
deposition, run-off from the land, or directly, it can
bioaccumulate in fish and animal tissue as methyl
mercury, a highly toxic form of mercury, she said.
Ms. Brown reported that human exposure to mercury
occurs primarily through consumption of
contaminated fish. Exposure to high levels of
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Air and Water Subcommittee
mercury has been associated with serious
neurological and developmental effects in humans,
she pointed out, noting that EPA disseminates
information about mercury to the public primarily
through fish consumption advisories.
Ms. Brown stated that, beginning in 2000, EPA is
requiring electric utilities to report their mercury
emissions to the Toxics Release Inventory (TRI).
She explained that, in the past, few such facilities
have reported mercury releases to the TRI because
the reporting threshold was too high to capture
releases from many facilities.
Ms. Brown stated that, because the decision that
EPA must make this year will not require a
regulation, there was to be no public comment
period. However, she asked that the subcommittee
provide comments to assist EPA in making the
decision. In clarification, Dr. Gelobter stated that
EPA merely wants a simple "yes" or "no"
recommendation from the subcommittee. Mr. Seitz
added that the members of the subcommittee have
an opportunity to share their knowledge about
mercury and share their views with EPA as part of
the Agency's data collection process. Dr. Bryant
observed that EPA already has the data it needs,
stating that he did not understand why EPA needs
help in making the decision.
Ms. Carter asked why, if mercury emissions are not
a problem, EPA is alarming citizens about mercury.
She added that, if mercury does pose a threat of
detrimental effects on the health of citizens, EPA
should not require a commitment on the part of the
subcommittee for the need to regulate mercury
emissions. Mr. Seitz responded that EPA must
consider science and listen to all views. He
emphasized that there are numerous stakeholders
who have different views about whether mercury
emissions are a problem. Ms. Carter added that, at
one time, dioxin was not regarded as a problem, but
now it is regarded as highly toxic. She expressed
anticipation that a similar change in views will occur
in relation to the issue of mercury emissions.
Ms. Jaramillo stated her understanding that the
impetus for EPA is notto determine whether mercury
is a problem. Instead, she said, EPA wants to hear
about the health effects of mercury on people around
the country. Ms. Jaramillo noted that the mercury
issue is "already on the table."
Ms. Minerva stated that the effects of mercury
emissions are disproportionate because certain
populations eat more fish than other groups. Dr.
Gelobter agreed. He then stated that, while the
locations of mercury emission sources do not cause
disproportionate effects, the health effects are
disproportionate as a result of higher fish
consumption levels among certain groups.
Mr. Whitehead moved that the subcommittee adopt
a resolution to support EPA's regulation of mercury
emissions from coal-fired power plants, adding that
the decision whether to regulate mercury was "a no-
brainer." Dr. Gelobter agreed that the subcommittee
should adopt Mr. Whitehead's suggestion. Ms.
Yamaguchi also stated that she hoped the
subcommittee would adopt a strong resolution
supporting EPA's regulation of mercury emissions.
She asked that EPA report to the subcommittee on
its decision on the matter at the next meeting of the
NEJAC.
Mr. Whitehead agreed to draft the resolution to urge
EPA to regulate mercury emissions from coal-fired
power plants. Dr. Gelobter told the representatives
of EPA that the subcommittee also would like to be
involved actively in the process after the
determination has been made, including involvement
in rulemaking. Mr. Whitehead added that, in addition
to urging EPA to make a positive decision to regulate
mercury emissions and becoming involved in
subsequent rulemaking, the subcommittee would
like some assurance that the science (for example,
the results of NAS research on mercury) will
consider environmental justice issues.
4.1.3 Power Plants in Puerto Rico
Dr. Gelobter reminded the members of the
subcommittee about the resolution concerning EPA's
regulation of power plants in Puerto Rico that was
approved by the Executive Council at the December
1999 meeting. Ms. Ramos said that states and
territories have the alternative to choose which
strategy to use in dealing with air pollution in
nonattainment areas. She reported that Puerto Rico
had chosen a sulfur-free fuel strategy that requires
the use of 1.5 percent sulfur fuel. She stated that
Puerto Rico had eliminated limitations on emissions
that are set forth in the CAA. In the resolution, she
reminded the members of the subcommittee, the
NEJAC had recommended that EPA review Puerto
Rico's strategy to reduce toxic air emissions. Ms.
Ramos expressed her dissatisfaction with the
response of EPA Region 2, stating that the Agency
had made false statements about the issue. She
asked that the NEJAC arrange an urgent meeting
with Mr. Seitz; Mr. Robert Brenner, Acting Deputy
Assistant Administrator, EPA OAR; and
representatives of EPA Region 2, observing that the
issue easily could prompt a lawsuit. Ms. Ramos
asserted that she and her fellow Puerto Ricans were
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ready to file suit but would prefer to resolve the
conflict otherwise. She added that she has evidence
that EPA Region 2 had misled the citizens of Puerto
Rico on the issue. Dr. Gelobter asked that the
subcommittee's Public Utilities Work Group help
organize the dialogue.
4.2 Concentrated Animal Feeding Operations
The subcommittee heard presentations on the
environmental and health effects of CAFOs. The
subcommittee submitted to the Executive Council for
consideration a proposed resolution, developed
jointly with the Enforcement Subcommittee of the
NEJAC, that recommends that EPA commit
additional resources to the regulation of CAFOs.
4.2.1 U.S. Environmental Protection Agency
and the U.S. Department of Agriculture
Regulation of Concentrated Animal
Feeding Operations
Mr. Louis Eby, Attorney-Advisor, Permits Division,
EPA Office of Wastewater Management, provided
information about CAFOs, the proposed National
Pollutant Discharge Elimination System (NPDES)
permitting guidance on the regulation of CAFOs, and
the joint EPA and U.S. Department of Agriculture
(USDA) unified national strategy for animal feeding
operations (AFO):
He explained that under 40 Code of Federal
Regulation (CFR) 122.23 and Appendix B, CAFOs
include all AFOs having more than 1,000 animal
un'rts, as well as all AFOs having more than 300
animal units, if such a facility has an artificial
conveyance or discharges directly into water bodies
that cross the property. In addition, Mr. Eby stated
that a CAFO is exempted if the discharge occurs
only during a 25-year, 24-hour storm event. Mr. Eby
then explained that the primary problems associated
with CAFOs are overenrichment of a water body,
pathogens, and contamination of drinking water
sources. He reported that some 80 percent of
CAFOs are located in just 16 states: Alabama,
Arkansas, California, Delaware, Georgia, Indiana,
Iowa, Maryland, Minnesota, Mississippi, Nebraska,
North Carolina, Oklahoma, Pennsylvania, Texas,
and Virginia. He added that, of the more than
375,000 AFO facilities in the United States, almost
13,000 are classified as CAFOs.
Mr. Eby described EPA's NPDES permitting
guidance proposed in August 1999, noting that the
guidance is expected to be made final by late spring
2000. The guidance states that CAFOs that have a
potential to discharge must apply for an NPDES
permit that addresses land application of waste at
the facility. The guidance also specifies that CAFOs
are to develop comprehensive nutrient management
plans (CNMP) that ensure compliance with the
requirement for no discharge, except in a 25-year,
24-hour storm.
Mr. Eby also described the EPA-USDA unified
national strategy for AFOs, which focuses on
protection of water quality. The strategy includes
USDA technical guidance on developing CNMPs and
revises NPDES permitting rules and effluent
limitation guidelines to address CAFOs. Mr. Eby
stated that the proposed revised regulations are
expected to be made final by December 2000, with
final regulations to be issued two years thereafter.
Mr. Eby stated that, to support EPA OW in issuing
the NDPES guidance and implementing the EPA-
USDA strategy, it is important to identify where
CAFOs are located. He referred to the proposed
NEJAC resolution that was to be discussed further
and presented some preliminary comments on
several provisions of the proposed resolution, as
follows:
• With regard to the suggestion of a moratorium
on all animal waste lagoons and land application
fields, Mr. Eby stated that EPA has no regulatory
authority to declare such a moratorium. While
EPA is revising its regulations to include more
protective standards, it cannot restrict all land
applications. He emphasized the distinction
between good agricultural practices and
discharge practices, stating that it is possible to
operate animal waste lagoons in an acceptable
manner that incorporates good farming
practices.
• In response to the concern expressed that EPA
is issuing permits to facilities that are not
applying manure properly, Mr. Eby stated that
EPA is focusing on facilities that have the
potential to discharge.
• With regard to regulation of poultry litter, Mr. Eby
said that EPA will include such provisions in its
guidance, specifically related to the application
of dry poultry litter on land.
• With regard to siting requirements to protect
waterways, he explained that EPA generally
does not dictate where facilities can be located.
However, he said, in its guidance, the Agency
will attempt to relate the location of facilities to
environmental effects.
« With regard to the expansion of public notice
and public comment opportunities in the permit
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National Environmental Justice Advisory Council
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application process for CAFOs, he stated
that EPA included such expanded efforts
into the guidance at specific points in the
application process.
• Referring to the call for unannounced
inspections, Mr. Eby stated that EPA already
conducts such inspections.
• With regard to the use of new technologies, he
stated that revised regulations to be proposed in
December 2000 will encourage the use of new
technologies to mitigate the effects on the
environment of discharges from CAFOs.
• With regard to new regulations to address new
land uses for areas that are phased out of CAFO
use, he stated that EPA is examining options to
rededicate those lands.
• With regard to the suggestion that new
regulations impose stringent penalties for
noncompliance, Mr. Eby explained that the
current regulations allow states to impose a
$25,000-per-day fine.
4.2.2 Joint Resolution on Concentrated Animal
Feeding Operations
Ms. Nan Freeland, Natural Resources Leadership
Institute and a proxy member of the Enforcement
Subcommittee of the NEJAC, made a presentation
on CAFOs located in North Carolina. She also
described the latest proposed draft resolution jointly
developed by the Enforcement and Air and Water
subcommittees, which urges EPA to commit more
resources to the regulation of CAFOs.
Ms. Freeland stated that she had noticed a parallel
between energy and utility companies and large
agricultural companies in North Carolina. She said
that those large businesses are wealthy and have
easy access to members of Congress. They have a
strong voice in Congress, while smaller community
groups only have forums like the NEJAC to express
their concerns, she noted.
Ms. Freeland referred to the proposed joint
resolution on CAFOs prepared by the Air and Water
and Enforcement subcommittees. She said that the
resolution addresses most of the problems
associated with CAFOs. Specifically, she reported,
North Carolina has an unprecedented history of large
swine operations. She said that those facilities pose
the threat of a variety of adverse health effects,
ranging from bad odor to groundwater
contamination. She stated that most people in North
Carolina depend on well water. Therefore, she
pointed out, any amount of contamination in the
groundwater would compromise the quality of their
drinking water. Ms. Freeland added that most of the
CAFOs in North Carolina are located in the eastern
part of the state, where the water table is generally
high and the wells therefore are not very deep. She
explained that any seepage or leaching from the
waste lagoons likely would easily enter the
groundwater.
Ms. Freeland then introduced Dr. Steve Wing,
Department of Epidemiology, University of North
Carolina-Chapel Hill, who conducted a study which
found that CAFOs generally are located near African
American churches and schools. Ms. Freeland
explained that, in the south, having a CAFO near a
church is tantamount to having one in a backyard,
since churches play a significant role in people's
lives. The church, she said, is a community center
for people who live in rural areas.
Dr. Wing then described the animal waste lagoons
and how they are used. The animal waste is flushed
into open pits surrounded by dams. Because the
pits will overflow during heavy rainfall, farmers must
empty the pit when rain is forecast, he continued. In
such cases, the raw, untreated waste is applied
directly to the fields. The fields usually are not lined
because, in North Carolina, many fields were once
wetlands that were drained by subsurface pipes, he
explained. As a result, moisture from the fields
literally is piped to surface water bodies, he said.
Dr. Wing then reported that, in Fall 1999, the North
Carolina Department of the Environment and the
Department of Natural Resources allowed farmers to
apply significant quantities of waste to their fields
because of the series of hurricanes that had
occurred at the time. Environmental groups brought
lawsuits against the state, he continued, but the state
allowed the North Carolina Pork Council to mount a
defense on its behalf. Dr. Gelobter commented that
the situation described by Dr. Wing appeared to be
a case of complete negligence on the part of the
state. He asked that the CAFO resolution reflect two
levels of enforcement, specifically enforcement
against negligence by states and enforcement by
Federal authorities.
Ms. Freeland commended EPA for its efforts to
address the issue, but stated that the guidance
should be strengthened. She expressed her opinion
that EPA's revised permitting regulations fail to meet
the objectives of curbing the water pollution
problems associated with CAFOs. She urged EPA
to pass permitting guidance that at least requires
regular testing of groundwater and surface water.
She also urged that monitoring of odor and use of
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buffer strips around land application fields to protect
the neighboring communities be included in
regulations.
Ms. Minerva responded that EPA's enforcement
program had been rigorous in meeting its
responsibilities. She referred to the efforts of Mr.
Samuel Coleman, Director, Compliance Assurance
and Enforcement Division, EPA Region 6, in
Oklahoma. Mr. Coleman then reported that, two
weeks earlier, EPA had performed inspections atf ive
CAFO facilities and one rendering plant in
Oklahoma. At all the facilities, he continued, EPA
Region 6 had identified various violations, including
lagoons that had been built in areas that may have
been filled wetlands, exceedences in the amount of
liquid waste applied to the land, and animal
carcasses that had been disposed of improperly.
Mr. Coleman stated that his staff was preparing a
cease-and-desist order for the confirmed violations,
and that corrective actions would be taken. Mr.
Coleman added that many of the facilities inspected
were operated by the same owner.
Ms. Minerva stressed thatthe proposed new NPDES
permitting guidance is as strong as current
regulations and that EPA is taking as aggressive a
position as the law allows. She emphasized that
EPA has expanded its view. She reinforced Mr.
Eby"s statement • that EPA does not have the
authority to impose a moratorium on animal waste
lagoons and land applications, also adding that EPA
does not have clear authority to address emissions
of odors by CAFOs.
Ms. Yamaguchi asked whether the odor problem
associated with CAFOs could be addressed under
the CAA. Mr. Seftz stated that EPA does not have
authority underthe CAA to address the odor problem
cited in the proposed resolution. He explained that
it generally has been the responsibility of state and
local governments to deal with odor issues.
However, he stated, EPA's involvement can be
triggered if certain constituents in the air, such as
ammonia or sulfur, contribute to the odor. He added
that EPA also would become involved if particulates
in the air are a problem.
Ms. Carter asked whether it is possible to require
farmers to locate their farms at least 25 to 50 miles
from the nearest residence or neighborhood. She
recommended that a statement related to proximity
be incorporated into the proposed resolution to
protect neighboring communities. Ms. Minerva
responded that EPA does not have legal authority to
impose a distance requirement. Mr. Gary Grant,
Concerned Citizens of Tillery, commented that, in his
opinion, it seemed that "justice is just for
corporations." He stressed that, if EPA does not
have jurisdiction over siting, people in other parts of
the country will suffer as the citizens of North
Carolina have. Mr. Grant then stated that siting is an
environmental justice issue.
Mr. Whitehead asked that an analysis be performed
of EPA OW's legal authority under the Clean Water
Act (CWA). He commented that EPA is very
conservative about its authority, perhaps rightly so,
he noted. He asked, however, whether the
subcommittee could receive a simple and broad
description of the authority of EPA OW.
Dr. Bryant suggested that EPA develop a geographic
information system (GIS) data base of CAFOs to
facilitate monitoring. Ms. Minerva stated that, since
the facilities obtain permits under the new NPDES
permitting guidance, their locations will be known
and they can be mapped. Mr. Eby noted that data
on the exact locations of CAFOs currently are
limited. Dr. Gelobter asked that EPA consider
providing the subcommittee with some maps based
on the approximate locations of the known CAFOs.
He asked that such maps be made available to the
subcommittee at the next meeting of the NEJAC.
Ms. Freeland recommended that EPA solicit from
residents of rural areas information about the
locations of CAFOs; those people will know where
the facilities are, she observed. Mr. Whitehead
asked that demographic information about
communities located in the vicinity of CAFOs also be
included in the GIS data base. Dr. Padin stated that
most states have GIS maps of their jurisdiction that
include information about land use. He added that
the USDA funds agricultural activities and therefore
should have information about the locations of
CAFOs. He commented that, since USDA provides
funding for such activities, that agency may be a
source of financing for the adoption of alternative
technologies for use by the facilities to mitigate
discharges.
Ms. Freeland and Dr. Gelobter made final revisions
in the proposed CAFO resolution after receiving
comments from both subcommittees.
4.3 Guidance for Reducing Toxic Loadings
The Air and Water Subcommittee held a joint
session with the Waste and Facility Siting
Subcommittee to discuss EPA's draft guidance for
the efforts of local areas to reduce the levels of
toxics.
Mr. Timothy Fields, Jr., Assistant Administrator,
EPA Office of Solid Waste and Emergency
Response (OSWER), acknowledged the efforts of
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Ms. Minerva and Mr. Brenner to reduce toxic
loadings in overburdened areas. He introduced a
draft guidance proposed by EPA that is intended to
provide ideas and incentives to help states and
localities reduce the levels of toxics in their
communities. He explained that the guidance
describes a priority process for approval of state
implementation plans (SIP) that include toxic
reduction plans, financial support for programs under
which environmental justice issues are addressed,
and Federal recognition of state and local programs
intended to reduce levels of toxic pollutants. He
added that the guidance also includes an appendix
that describes ways in which state and local
governments can work together to reduce pollution
in their communities.
Mr. Fields asked members of the two
subcommittees for their comments. He asked that
they provide their opinions about whether the
guidance is adequate and complete and whether the
administrative benefits are sufficient to encourage
state, local, and tribal governments to participate in
achieving reductions in levels of toxics. He also
asked for additional incentives that may encourage
various sectors to participate. He asked that the
subcommittee review the guidance and provide
comments to Ms. Jenny Craig, EPA OAR, by June
30, 2000. Mr. Fields added that EPA would then
revise the guidance in response to comments
received and present the revised version to the
subcommittee for the next meeting of the NEJAC.
Ms. Mary Nelson, Bethel New Life, Inc., and member
of the Waste and Facility Siting Subcommittee of the
NEJAC, commented that the incentives currently
listed in the draft guidance "sound wonderful," but
stated that she would expect that many governments
will not participate. She asked whether there were
any regulatory mechanisms that could be used to
encourage participation. Mr. Fields responded that
the effort must be voluntary, since there currently is
no regulatory mandate to participate. He added that
EPA therefore must provide good incentives.
Ms. Ramos asked why the guidance covers only
hazardous ortoxic substances. Ms. Craig explained
that each EPA program uses a different definition of
hazardous and toxic substances. She stated that, in
the guidance, those terms have a general meaning.
Ms. Craig added that the definitions of those terms
would be stated in the guidance..
Mr. Mervyn Tano, President, International Institute
for Indigenous Resource Management and member
of the Waste and Facility Siting Subcommittee of the
NEJAC, stated that, as EPA reviews risk factors
associated with toxic substances, the successes and
failures of reduction efforts can be measured.
Mr. Smalley asked what sources of funding are
available to local municipalities for the replacement
of diesel buses with buses that run on alternative
fuels, an action recommended in the guidance. Ms.
Craig responded that EPA currently does not have
grant money available for that or other activities
described in the guidance. She emphasized that
good incentives are the key to making the voluntary
program work. Ms. Yamaguchi added that
resources are the greatest incentive. She suggested
that pilot studies be used to "kickstatf the program,
technical assistance training be provided to
governments on implementing the program, and that
efforts be made in direct outreach to specific
communities that are interested in the program. Ms.
Nelson asked that EPA consider encouraging the
pooling of the resources of various government
programs, for example, through Agency
partnerships. Mr. Fields agreed that the suggestions
made by the members of the subcommittees were
valuable.
Ms. Ramos commented that most of the pollution in
affected communities likely originates in industries
that probably would not participate in such programs.
Mr. Seitz responded that he is encouraged by the
positive outcome of the 3350 program, which was
the precursor of the TRI voluntary reporting program.
Mr. Leonard Robinson, TAMCO, expressed
agreement with Mr. Seitz.
Referring to local efforts to develop goals and
measure progress, Ms. Gauna asked that additional
guidance be provided to overburdened areas that
may need more aggressive strategies for reducing
levels of toxics than other communities. Mr. Fields
agreed that areas that are overburdened may require
more aggressive plans.
Ms. Patricia Wood, Senior Manager, Federal
Regulatory Affairs, Georgia-Pacific Corporation and
member of the Waste and Facility Siting
Subcommittee of the NEJAC, stated that she
understood the objective of examining existing
statutes and enforcing environmental justice
elements in those statutes. However, she
questioned the applicability of the guidance to any
particular region; it would be "in the eye of the
beholder" or the resident who lives in an area, she
said, whether his or her community is overburdened.
Ms. Wood added that perhaps EPA should focus the
guidance on assessing the relative burden of
pollution in the communities.
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Ms. Vemice Miller-Travis, Executive Director,
Partnership for Sustainable Brownfields
Redevelopment and chair of the Waste and Facility
Siting Subcommittee of the NEJAC, commented on
the retrofitting of diesel engines in New York City.
She reported that she had worked with EPA Region
2 and the state of New York to encourage use of
alternative fuels by making public funding available.
However, she explained, the Metropolitan
Transportation Authority (MTA) had blocked their
progress. She said that she would like to use
regulatory tools to bring representatives of MTA to
the table, but does not wish to create incentives to
help the agency take an action it had failed in the
past to take to comply with the law. Referring to the
pilot studies as suggested by Ms. Yamaguchi, Ms.
Miller-Travis also acknowledged that it is difficult to
find a source of funding, but financial help should not
be provided to MTA to take an action that should be
required of it. The money should be directed toward
implementation of innovative technologies, she
suggested.
To clarify the issue, Ms. Craig stated that the
guidance and financial support are not intended to
help industry comply with existing laws. She said
that they are meant to encourage voluntary efforts to
"go above and beyond" existing regulations, adding
that compliance with existing laws is assumed.
Ms. Veronica Eady, Executive Office of
Environmental Affairs, Commonwealth of
Massachusetts and member of the Waste and
Facility Siting Subcommittee of the NEJAC, said that
her state had used provisions of the National
Environmental Policy Act (NEPA) to prompt the
transit authority to use alternative fuels.
Ms. Minerva addressed the issue of voluntary rather
than regulatory programs. She presented the
example of EPA OW's total maximum daily loads
(TMDL) program, which asks states to identify water
bodies that do not meet water quality standards.
Exhibit 3-2 defines TMDLs. She explained that EPA
OW envisioned that, as states identified their
impaired water bodies, they would take regulatory
steps to ensure that the water bodies meet water
quality standards and take additional voluntary steps
to manage future growth in neighboring
communities. She stated that regulatory compliance
and voluntary efforts should work together.
Mr. Johnny Wilson, Clark Atlanta University and
member of the Waste and Facility Siting
Subcommittee of the NEJAC, reported that while
EPA laboratory reports may indicate that water
quality in an area meets the maximum contaminant
level (MCL), he had noticed during his inspections of
Exhibit 3-2
TOTAL MAXIMUM DAILY LOAD
A total maximum daily load (TMDL) is a calculation
of the maximum amount of a pollutant that a
waterbody can receive and still meet water quality
standards, accompanied by an allocation of that
amount to the sources of the pollutant.
A TMDL is the sum of the allowable loads of a
single pollutant from all contributing point and
nonpoint sources. The calculation must include a
margin of safety to ensure that the waterbody can be
used for the purposes the state, tribe, or territory has
designated. The calculation also must account for
seasonable variation in water quality.
Section 303 of the Clean Water Act establishes
water quality standards and TMDL programs.
drinking-water supplies in various Georgia counties
that the results are contradictory. He said that he
had been told by a technician for a drinking water
unit that the water was contaminated, but the
concentrations of the contaminants were not high
enough to be considered a problem. Yet, an African
American woman in that same community drew
water from the faucet that bubbled in her glass. Ms.
Minerva responded that MCLs and TMDLs fall under
different EPA OW programs. She and Mr. Wilson
agreed to discuss the issue further after the
subcommittee meeting.
Ms. Minerva stated the EPA OW would be interested
in helping communities conduct a pilot study.
However, she acknowledged that funding is an
issue. She added that her office's incentives
primarily would encourage early response to issues.
Dr. Geiobter asked about financial help through the
NPDES program or state revolving funds. Ms.
Minerva responded that EPA had not given
extensive consideration to the possible use of those
sources.
Mr. Tano noted that there are similarities between
the goals of the guidance and those of national and
international standard-setting organizations, such as
the International Standards Organization (ISO). He
suggested that there should be links between the
programs of such organizations and Federal
procurement policies, through which a local
government can become eligible for Federal
procurement if it receives a form of "certification."
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4.4 Fish Contamination
Ms. Jaramillo, chair of the subcommittee's Work
Group on Fish Consumption, presented the following
questions to be addressed by the work group.
• What are the health risks of consuming non
commercial fish, that is, the risks of engaging in
subsistence fishing?
• Are fish advisories working?
• Are communities responding to fish advisories?
If not, why?
• Is there consistency in the responses of state,
local, and tribal governments to advisories? If
not, why?
• Is EPA using the process of the Interagency
Working Group on Environmental Justice to
collaborate with other Federal agencies - for
example, the U.S. Department of Health and
Human Services (HHS), USDA, the U.S.
Department of the Interior (DOI), and the U.S.
Department of Energy (DOE) - in addressing
issues related to subsistence fishing?
• Are EPA OAR and OW integrating their civil
rights responsibilities in mitigating the adverse
effects of consumption of contaminated fish?
• What and where are the "teeth" in the CWA that
can support the effort to address fish
consumption?
Ms. Jaramillo presented the work group's plan of
action, which included requesting of EPA a
presentation on fish consumption focused on effects
on public health; soliciting the perspective of the
environmental justice community on subsistence
fishing; and developing recommendations and
resolutions for consideration by the Executive
Council of the NEJAC. The work group also was to
develop a work plan for the remainder of 2000 and
for 2001, she noted.
To achieve the work group's first goal of obtaining
information from EPA about fish consumption, Ms.
Jaramillo introduced Mr. Thomas Armitage,
Standards and Applied Science Division, EPA OW,
to discuss EPA's National Fish and Wildlife
Contamination Program. Mr. Armitage explained
that the program provides technical assistance to
state, Federal, and tribal agencies on matters related
to health risks associated with exposure to chemical
contaminants in fish and wildlife. Activities
conducted under the program include the
preparation of national guidance documents and the
conduct of outreach; the maintenance of national
data bases; sponsorship of national conferences and
workshops; provision of grants for sampling and
analysis; the conduct of special studies on fish
consumption; and the provision of assistance in
issuing advisories.
Mr. Armitage described two examples of national
guidance documents developed under the program.
The Guidance for Assessing Chemical
Contamination Data for Use in Fish Advisories
consists of four volumes that are updated every two
years, he said. The guidance takes a risk-based
approach, provides advice on population-specific
advisories, and presents new default fish
consumption rates, he pointed out. The Guidance
for Conducting Fish and Wildlife Consumption
Surveys presents methods of identifying populations
that consume large amounts of fish and presents
recommendations for determination of the need for
advisories on the basis of data on "high-end
consumers," he continued.
Mr. Armitage described three examples of EPA
OW's outreach efforts. In a letter to health-care
providers targeted through a national mailing to
pediatricians, obstetricians and gynecologists, family
physicians, and staff of state and tribal health
agencies, EPA sought to increase awareness of
contaminants in sport and subsistence-caught fish.
EPA also has produced brochures in English,
Spanish, and Vietnamese on reducing health risks
from fish consumption, he continued. The brochures
are distributed nationally to health care providers and
state and tribal health agencies, among other
recipients, he noted. EPA also has designed a tool
kit for health-care providers that is intended to
increase awareness among nurses, nurse
practitioners, and midwives of health issues related
to fish consumption. The tool kit was featured at a
meeting of the American College of Nurse-Midwives
in May 2000.
Mr. Armitage introduced to the subcommittee a data
base that provides a national-level list of fish and
wildlife advisories that is updated annually. The data
base is available on the Internet at
and includes all state, tribal,
and Federal advisories in the U.S. and Canada.
EPA also has developed a national mercury tissue
data base, said Mr. Armitage.
Continuing, Mr. Armitage reported that EPA has
hosted several national conferences and work
groups on fish consumption. The National Forum on
Contaminants in Fish, sponsored by EPA through
the American Fisheries Society, is an annual
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meeting conducted to discuss national issues related
to contaminants in fish. The forum includes
participants representing all 50 states and as many
as 35 tribes, he said. In 1997 and 1999, EPA hosted
work groups on the development of advisories for 35
tribal representatives. A 2000 work group is
planned, he added. EPA also has hosted national
technical conferences on polychlorinated biphenyls
(PCB), mercury, and bioaccumulation, Mr. Armitage
said.
Mr. Armitage described several special studies
related to the issue, including a subsistence study
conducted in Cook Inlet, Alaska; a study conducted
along the Columbia River; a national study of
chemical residues in fish; a comparative dietary risk
project; and an evaluation of the effectiveness and
awareness of advisories, specifically focusing on
mercury.
In terms of grants for sampling and analysis to
support advisories, EPA has solicited proposals to
support state and tribal advisory programs. The
selection criteria included areas of suspected
subsistence activities. Mr. Armitage stated that EPA
had issued four grants, to California, Delaware,
Virginia, and Texas. Three grants are planned for
fiscal year 2000.
Mr. Armitage requested that members of the
subcommittee provide their views on the following
areas: (1) identifying organizations that represent
high-risk groups and individuals to help conduct a
National Risk Communication Workshop; (2)
reviewing the National Report on State Consistency
as it is pertinent to fish consumption issues; and (3)
making recommendations about how EPA can work
with states to achieve consistent protection of high-
risk groups.
Ms. Jaramillo commented that, in sampling efforts to
support fish advisories, random sampling generally
is used. She expressed her concern that random
sampling may miss clusters of affected populations,
including environmental justice communities. She
suggested that EPA consider incorporating targeted
sampling or subsampling into its methodology.
Dr. Bryant commended Mr. Armitage on a very
thorough presentation. He stated that it was obvious
that much research was being undertaken. He
asked how EPA evaluates whether communities are
complying with the advisories. Mr. Armitage stated
that the data available was insufficient to provide an
answer to that question. He referred to a special
study that specifically targeted the issue noting that
the study should be completed in 2001. The results
of the study will be available to all the states, he said.
He added that the National Risk Communication
Workshop can serve as a means of reaching out to
various affected groups. Dr. Bryant stated that, while
advisories may be successful in reaching
communities, affected groups may not respond
adequately. He urged EPA to do the best research
possible to determine whether citizens are
responding; if not, a new strategy must be
developed, he said. Dr. Bryant also urged that EPA
focus on the people and the effectiveness of the
message.
Ms. Yamaguchi stated that, in the Los Angeles area,
her organization had been working closely with the
American Petroleum Institute on the fish
consumption issue, primarily on contamination
resulting from Superfund activities. She reported
that state fish consumption advisories issued since
1990 have worked well in English-speaking
communities, but not as well in English-as-a-second
language (ESL) communities such as Cambodian,
Vietnamese, and Chinese communities. Ms.
Yamaguchi noted that reaching out to those specific
communities and communicating with them in their
own language had proven beneficial. Ms.
Yamaguchi stated that providing funding for
communities to educate themselves also has proven
successful, since it is the community itself that
determines the best form of outreach.
Ms. Ramos stated that, through discussions with
community members in Oakland, California, she
received the recommendation that such universal
languages as signs be used when fish consumption
advisories are posted. She asked that EPA explore
that form of outreach. Ms. Ramos then stated that
she recently had learned that contaminated fish have
been found in some areas in Puerto Rico. Mr.
Armitage said that Puerto Rico had not been
included in the studies he had discussed. Ms.
Jaramillo asked that it be noted that EPA may find it
necessary to consider doing so.
4.5 Urban Air Initiatives
The subcommittee heard presentations and provided
comment on urban air initiatives around the country.
4.5.1 U.S. Environmental Protection Agency
Diesel Retrofit Program
Mr. Gregory Green, Director of the Office of
Transportation and Air Quality, EPA OAR, described
EPA's voluntary diesel retrofit program, which is
being implemented to boost the efforts of existing
regulatory air programs. He explained that diesel
engines are high emitters of air pollution, especially
in urban areas. He reported that diesel emissions
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constitute 49 percent and 24 percent of the nation's
nitrogen oxide and particulate matter inventories,
respectively. Mr. Green added that a study
conducted by the South Coast Air Quality
Management Division in California attributes 70
percent of all cancer deaths in the area from
exposure to air toxics of diesel particulate matter
emissions.
Mr. Green stated that a voluntary program to retrofit
diesel engines will provide immediate reductions in
air pollution. He said that the program will address
emissions from existing fleets, establish a process
for new technology verification, and provide
incentives to obtain credits for SIPs under EPA's
Voluntary Measures Program. He presented several
examples of retrofitting a diesel engine, including
using a catalyst or filter; conducting an engine
upgrade; early replacement of the engine; using a
cleaner fuel or additive; or implementing a
combination of the above-mentioned examples.
According to Mr. Green, EPA's goal forthis year is to
retrofit 10,000 diesel engines. He clarified that
success will be measured by obtaining at least
commitments to retrofit, not necessarily actual
retrofits. Mr. Green stressed that the voluntary
program will establish strong, positive partnerships
between EPA, state and local agencies, industry
(including engine manufacturers and users),
environmental organizations, and the members of
the public.
Mr. Green directed the subcommittee to the following
web site for additional information on EPA's
voluntary measures program at
Mr. Whitehead asked about the emissions trading
component of the voluntary measures program.
Mr. Green responded that EPA has not yet decided
on how exactly to implement that component. Mr.
Smalley recommended that for short-term results,
public transportation should be well-maintained so
that diesel emissions are minimized and Mr. Green
agreed.
Dr. Gelobter asked how much of the diesel
emissions in New York City result from trucks and
construction vehicles. He also asked if EPA is taking
steps to phase out diesel gasoline. Mr. Green
reported that about 60 to 65 percent and about 40
percent of diesel emissions in New York City come
from trucks and construction vehicles, respectively.
He stated that until a replacement fuel for diesel is
developed or found, it would be difficult to phase out
the fuel. He explained that about 10 million pieces of
equipment in the United States currently require
diesel. He reported that EPA is working with a forum
on diesel fuel to develop a much cleaner fuel.
4.5.2 U.S. Environmental Protection Agency
Tier 2 Strategy
Mr. William Harnett, Acting Director, EPA OAR,
provided an update on EPA's Tier 2 strategy and a
status report on two issues that the subcommittee
had requested EPA investigate at the December
1999 meeting, (1) measurement of disparate effects
and (2) analysis of the locations of all facilities that
pollute the air.
Mr. Harnett reported that under the Tier 2 strategy,
EPA has begun compiling the locations of every
refinery in the United States and their emissions
(including nitrogen and sulfur oxides). He stated that
a national emissions inventory is being developed
and soon will be available. He said that EPA also is
developing a brochure for the general public on each
refinery (about 115) that will describe the Tier 2
program and the changes that will be made to
refineries to meet EPA's regulations. Mr. Harnett
ensured the members of the subcommittee that he
will solicit their comments on the first drafts of each
brochure.
Mr. Harnett stated that EPA also is preparing a
document that will identify steps that a refinery can
take to reduce its nitrogen and sulfur oxide
emissions. He acknowledged that while EPA does
not have the authority to enforce those steps, the
Agency can strongly encourage each refinery to
cooperate. He stated that the likelihood of a faster
and smoother permitting process can be an effective
incentive.
Ms. Gauna commented that to assess disparate
effects, it would be helpful to examine the proximity
of the refineries to environmental justice
communities. She asked if it might be possible for
multiple facilities to collectively increase emissions in
an area to harmful levels, but not enough of an
increase to prompt a new source review of the
individual facilities. Mr. Harnett responded that while
EPA is compiling many pieces of information, the
Agency currently is not conducting a comprehensive
analysis to make that determination. He stated that
EPA is examining regions on a county level with a
focus on the southern region and other areas where
refineries are concentrated.
Mr. Smalley asked for a clarification on whether the
public is being involved in the regulation of sulfur
dioxide under the Tier 2 strategy. Mr. Harnett
responded that because sulfur currently is being
removed from fuels, permits involving sulfur
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emissions go through the public comment period.
He added that two public comment periods may be
necessary if the permit is reviewed under the Tier 2
strategy and for sulfur dioxide provisions separately.
4.5.3 Environmental Justice Concerns in
Southern California Related to Air
Pollution
Ms. Rachel Morello-Frosch, Post-Doctoral
Researcher, School of Public Health, University of
California at Berkeley, presented information on the
distribution of air toxics and associated cancer risks
among various communities in southern California.
She reviewed traditional approaches that have been
used in environmental justice research on air
pollution, including (1) evaluating the location of
emission sources relative to environmental justice
communities; (2) assessing emissions loadings from
those sources (for example, by examining data from
the TRI); and (3) evaluating the distribution of
ambient concentrations of criteria pollutants,
including nitrogen and sulfur oxides; particulate
matter; ozone; carbon monoxide; and lead. She
stated that there has been little research conducted
on the 188 air toxics listed under the CAA because
of the lack of consistent monitoring.
Ms. Morello-Frosch discussed new opportunities to
assess environmental justice concerns through
examination of data collected under EPA's
Cumulative Exposure Project (CEP). She said that
the data can allow modeling of long-term ambient
concentrations of the 148 HAPs, which are
estimated for all 2,600 census tracts in southern
California. She added that the data includes mobile
and non-mobile emission sources. She explained
that the CEP focuses on southern California
because that region constitutes some of the most
challenging air pollution problems in the country,
including adverse health effects.
Ms. Morello-Frosch reviewed how cancer risk
estimates based on inhalation unit risk for individual
pollutants are calculated. She reported that the
estimated lifetime cancer risk in southern California
ranges from 6.9 to 591 per 100,000 people and has
a mean of 59 per 100,000. She added that nearly
8,000 excess cancer cases are estimated in the
region, with the following five pollutants accounting
for about 80 percent of the excess, polycyclic organic
matter; 1,3-butadiene; formaldehyde; benzene; and
chromium.
Ms. Morello-Frosch then reported that 25 percent
(3.5 million) of the population resides in census
tracts with the highest risk of cancer. She stated that
68 percent of the population are people of color,
while 32 percent of the population are Anglos. She
added that the probability of a person of color living
in the high risk tract is one in three rather than one in
seven for an Anglo resident.
Ms. Morello-Frosch stated that race and ethnicity
play a persistent explanatory role in the distribution
of estimated cancer risks associated with outdoor
HAPs while controlling for economics, land use, and
other factors. She said that the bulk of cancer risks
in the region are attributable to transportation and
small area source emissions. She added that
cancer risks from HAPs overall exceed the CAA goal
of one in a million by at least one to three orders of
magnitude. Ms. Morello-Frosch ended by presenting
several policy implications of the findings. She said
that emission source allocation results raises
challenges for developing effective emission
reduction strategies. She stated that area sources
are smaller and widely dispersed with diverse
production characteristics, making uniform
approaches difficult. She reported that proliferation
of mobile sources continues to steadily erode the
gains made from emission reduction efforts. She
recommended that future environmental justice
research approaches emphasize how changing land
use patterns, suburbanization, and transportation
development affect pollution streams and the
distribution of risks among diverse communities and
the poor.
Ms. Gauna noted that formaldehyde was one of the
five chemicals that Ms. Morello-Frosch had identified
as a pollutant of concern. She asked whether
formaldehyde has a strong synergistic effect with the
other chemicals. Ms. Laura McKelvey, EPA OAR,
responded that formaldehyde is one of the pollutants
that EPA is examining that may transform into other
harmful products. She stated that the transformation
and synergy among chemicals is an area identified
by EPA as requiring additional research to
understand the cumulative effects of multiple
pollutants.
4.5.4 Partnership for Clean Air Communities
Mr.T.J. Roskelley, Northeast States for Coordinated
Air Use Management (NESCAUM), presented
information on NESCAUM's Partnerships for Clean
Air Communities project, which is exploring the use
of emissions trading to curb air pollution in urban
communities. He reported that emissions trading
has saved billions of dollars in environmental
compliance costs. However, he stated that major
policy issues must be addressed if emissions trading
is to remain a viable policy tool. Specifically, he
explained that (1) EPA must close loopholes by
regulating every polluter; (2) cost-savings must result
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in environmental benefits either through more
stringent regulation or through mechanisms that
redirect the savings into environmental investments;
and (3) environmental equity concerns must be
adequately addressed through policies and initiatives
that focus on discrete communities instead of the
aggregate pollution.
Mr. Roskelley explained that the Partnerships for
Clean Air Communities project focuses on the third
point, which explores whether emissions trading can
be used to the advantage of urban communities. He
presented the following key objectives of the project:
• Build a diverse coalition to reduce urban air
pollution with a focus on participation by local
community groups.
• Implement discrete clean air strategies to reduce
local urban air pollution.
• Develop a framework for using emissions
trading to enhance urban air quality.
• Develop long-term, sustainable models for
funding clean air initiatives.
• Create a policy model that will be easily
transferable to any urban area.
Mr. Roskelley reported that ConEd will provide the
initial funding for the project, which will focus on
maximizing the environmental health benefits in the
New York City area. Upcoming activities for the
product include public outreach and an initial press
announcement in May 2000 through mid-summer;
development of criteria and a process for selecting
projects by late Summer 2000; and announcement
of a request for proposal (RFP) and the full launch of
the program in Fall 2000.
Mr. Roskelley called upon the subcommittee to help
in developing criteria for the project. He stated that
NESCAUM's ultimate goal is to apply the project
nationally. He announced a meeting in New York
City this summerforthose interested in collaborating
on the project.
Dr. Gelobter stated that he is on the steering
committee for the project. He observed that one of
the problems that environmental justice communities
face is a lack of resources to purchase credits. He
stated that the RFP process will involve creating a
two-step process to purchase credits and
coordinating with various parties to secure funding
sources. He stated that he would like the NEJAC,
particularly the Air and Water Subcommittee, to
consider how communities of color can purchase
credits and what kinds of credits they could
purchase.
4.5.5 U.S. Environmental Protection Agency
Urban Air Toxics Strategy
Ms. McKelvey provided an update on EPA's urban
air toxics strategy and the national air toxics
assessment. She reviewed the purpose of an EPA
OAR working group on urban air toxics that has
been formed to determine how state, local, and tribal
governments can reduce health risks from urban
pollution in their jurisdictions. She mentioned that
Dr. Bryant, Dr. Ellen Barren, Paso Del Norte Air
Quality Task Force, and Dr. Greenbaum have
attended and participated in previous meetings of
the working group. She stated that the next working
group meeting will be held June 14 and 15, 2000 in
Washington, D.C., followed by another meeting in
August 2000 to finalize the group's plan of action.
Ms. McKelvey reported that, as part of EPA's
National Air Toxics Assessment (NATA) program,
additional data will be collected on loadings of
specific pollutants in local areas. Exhibit 3-3
describes the NATA program. She explained that
the assessment aims to lay out a more effective
approach to monitoring air toxics, based on results
of four pilot cities around the country. She stated
Exhibit 3-3
U.S. ENVIRONMENTAL PROTECTION
AGENCY'S NATIONAL AIR TOXICS
ASSESSMENT PROGRAM
The National Air Toxics Assessment (NATA)
program, one of four components identified in the
U.S. Environmental Protection Agency's (EPA)
Office of Air and Radiation (OAR) Integrated Urban
Air Toxics Strategy to reduce air toxics. The NATA
program will help EPA identify areas of concern,
characterize risks, and track progress in achieving
the Agency's overall goals for the air toxics
programs. Activities under NATA include
expanding of air toxics monitoring, improving and
periodically updating emissions inventories,
national- and local-scale air quality, multi-media and
exposure modeling, continued research on health
effects and exposures to both ambient exposure and
assessment tools. The activities will provide EPA
with improved characterizations of risk posed by air
toxics and risk reductions that result from the
imposition of emissions control standards and the
adoption of initiatives for stationary and mobile
source programs.
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that the pilot projects are helping EPA to understand
the spatial distributions of air pollution sources in
urban areas. She reported that EPA hopes to have
ambient concentrations collected and available for
public review by late June 2000. She stated that in
addition to ambient air modeling, EPA is expanding
the project by plugging data into an exposure model
and conducting a risk characterization. Ms.
McKelvey projected that the results of the modeling
and risk characterization will be available for peer
review in late August, with finaiization of the report
targeted for December 2000.
Ms. Yamaguchi commented that there appears to be
opportunities for community-based monitoring
activities as part of the national air toxics
assessment. She stated that a good incentive to
encourage communities to attend public meetings on
the issue is to promise training on how to conduct air
monitoring. Dr. Bryant emphasized the importance
of developing a manual on public participation and
research.
5.0 RESOLUTION AND SIGNIFICANT
ACTION ITEMS
This section summarizes the resolution forwarded to
the Executive Council of the NEJAC for
consideration and the significant action items
adopted by the Air and Water Subcommittee.
The members discussed a resolution in which the
NEJAC requests that EPA regulate mercury
emissions from coal-fired power plants.
The members also adopted the following significant
action items:
/ Recommend that the NEJAC establish under
joint sponsorship of the Air and Water and
Waste and Facility Siting subcommittees a work
group to (1) review and comment by June 30,
2000, on the Draft Guidance to Reduce Toxic
Levels issued by EPA OSWER (2) to continue
dialogue on reductions in levels of toxics.
S Recommend that the Executive Council of the
NEJAC establish under joint sponsorship of the
Air and Water and Indigenous subcommittees a
work group to examine issues related to fish
consumption.
S Recommend that the Executive Council of the
NEJAC organize an urgent meeting between
representatives of EPA OAR and EPA Region 2
to discuss air pollution from power plants in
Puerto Rico to follow up the resolution on the
issue approved at the December 1999 meeting
of the NEJAC.
S Agree to review EPA OW's National Report on
State Consistency, which addresses issues
related to fish consumption.
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MEETING SUMMARY
of the
ENFORCEMENT SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 25, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
Shirley Pate
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
Designated Federal Official
Robert Banks Luke Cole
Office of Enforcement and Compliance Assurance Chair
U.S. Environmental Protection Agency
Alternate Designated Federal Official
-------
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CHAPTER FOUR
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 Thursday, May 25,
2000, during a four-day meeting of the NEJAC in
Atlanta, Georgia. Mr. Luke Cole, Center on Race,
Poverty, and the Environment, continues to serve as
chair of the subcommittee. Ms. Shirley Pate, 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. Mr. Robert Banks,
EPA OECA, serves as the alternate 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 Enforcement Subcommittee, is
organized in five sections, including this Introduction.
Section 2.0, Remarks, summarizes the opening
remarks of the chair of the subcommittee and the
Principal Deputy Assistant Administrator of EPA
OECA. Section 3.0, Strategic Planning Process of
the Enforcement Subcommittee, summarizes the
discussions about the draft strategic plan of the
Enforcement Subcommittee. Section 4.0,
Presentations and Reports, presents an overview of
each presentation and report, as well as a summary
of relevant questions asked and comments offered
by members of the subcommittee. Section 5.0,
Resolutions and Significant Action Items,
summarizes the resolutions forwarded to the
Executive Council of the NEJAC for consideration
and the significant action items adopted by the
subcommittee.
2.0 REMARKS
This section summarizes the opening remarks of the
chair of the subcommittee and of the Principal
Deputy Assistant Administrator of EPA OECA, as
well as the discussion among the members of the
subcommittee that those remarks prompted.
Exhibit 4-1
ENFORCEMENT SUBCOMMITTEE
Members
Who Attended the Meeting
May 25,2000
Mr. Luke Cole, Chair
Ms. Shirley Pate, DFO
Mr. Robert Banks, Alternate DFO
Mr. Delbert Dubois
Ms. Rita Harris
Ms. Nan Freeland *
Ms. Zulene Mayfield
Ms. Lillian Mood
Mr. Gerald Torres
Mr. Robert Varney
Members
Who Were Unable To Attend
Ms. Savonala (Savi) Home, Vice-Chair
Ms. Meghan Magmder
* Ms. Freeland served as a proxy for Ms. Home.
2.1 Remarks of the Chair of the Enforcement
Subcommittee
Mr. Cole opened the subcommittee meeting by
welcoming the members present and Ms. Pate. Mr.
Cole explained that comments of observers would
be taken throughout the meeting at the discretion of
the chair. At Mr. Cole's request, the members of the
subcommittee then introduced themselves.
2.2 Remarks of the Principal Deputy Assistant
Administrator of the U.S. Environmental
Protection Agency Office of Enforcement
and Compliance Assurance
Ms. Sylvia Lowrance, Principal Deputy Assistant
Administrator, EPA OECA, discussed EPA's
enforcement and compliance targeting activities,
noting that EPA had invested various efforts in
targeting activities and those efforts have improved
over the past five years, helping the Agency to
identify nonreporters and areas in need of more
regulatory attention. Ms. Lowrance declared that
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targeting "is paying off and that OECA had found
numerous cases of noncompliance through its
targeting efforts.
Ms. Lowrance then discussed combined sewer and
sanitary overflows. She stated that many sewer
systems are poorly maintained and are in need of
improvement. Mr. Cole agreed, stating that sewer
overflows are a major environmental justice issue,
as well. Ms. Lowrance touched briefly on the major
media programs and stated that air and water are
the focus of many of these programs.
Turning her attention to budget matters, Ms.
Lowrance stated that a major battle over the
enforcement budget is expected. Ms. Lowrance
explained that the U.S. House of Representatives
will consider the budget first, and then the U.S.
Senate will do so. It is expected that approximately
200 inspectors and agents, as well as some
laboratory personnel maybe eliminated under some
congressional proposals.
Turning herattention to state enforcement programs,
Ms. Lowrance described a study by the National
Academy of Public Administration (NAPA) that will
report on state enforcement methods. Past reports
on the status of state enforcement programs have
shown that the measurement of results should be
examined more closely. Mr. Cole asked about the
difference between reports prepared by the EPA
Inspector General (IG) and byorganizations, such as
the Environmental Council of States (ECOS) and
NAPA on state enforcement programs. Ms.
Lowrance explained that reports by ECOS and
NAPA are somewhat more qualitative than EPA IG
reports, which are more data oriented.
Mr. Cole pointed out that enforcement of Title VI of
the Civil Rights Act of 1964 (Title VI) remains an
issue. He asked whether Ms. Lowrance could move
EPA to take more vigorous action in the area of Title
VI. Ms. Lowrance suggested that the Enforcement
Subcommittee pay close attention to the issues that
Ms. Ann Goode, Director of EPA's Office of Civil
Rights (OCR), was to discuss later in the meeting
and examine the cases Ms. Goode was to present.
Ms. Lowrance suggested that the subcommittee
judge EPA according to the Agency's actions over
the next 6 to12 months and noted that Ms. Goode
likely would discuss the challenges facing EPA's
OCR.
Mr. Cole then turned his attention to EPA's Tier 2
Clean Fuels Initiative. Exhibit 4-2 describes the Tier
2 Clean Fuels Initiative. He explained that the
subcommittee had drafted a letter to the EPA
Administrator that will discuss an example of the
implementation of a clean fuels program in
California. The letter will discuss good neighbor
agreements that cover reductions in fugitive
emissions from refineries, he continued. Mr. Cole
stated that the California program should be used by
EPA as a national model.
Exhibit 4-2
TIER 2 CLEAN FUELS INITIATIVE
In December 1999, the U.S. Environmental
Protection Agency (EPA) announced new general
emission standards (Tier 2 standards) for passenger
cars, light trucks, and larger passenger vehicles. The
program is designed to focus on reducing the
emissions most responsible for the ozone and
paniculate matter effect from those vehicles. The
program also will, for the first time, apply the same
set of Federal standards to all passenger cars, light
trucks, and medium-duty passenger vehicles.
The other part of the Tier 2 Clean Fuels Initiative will
reduce average gasoline sulfur emission levels
nationwide. Refiners will install advanced refining
equipment to remove sulfur during the production of
gasoline. Importers of gasoline will be required to
import and market only gasoline meeting the sulfur
limits.
Ms. Rita Harris, Community Living in Peace, Inc.,
then asked Ms. Lowrance for an update on EPA's air
program in light of the many new air quality
requirements, which Ms. Harris noted, will cause
many facilities to be in noncompliance. Ms. Harris
asked Ms. Lowrance to make the air program
requirements available on EPA's Internet home
page. Ms. Lowrance stated that enforcement of air
requirements is difficult at both the state and Federal
level, explaining that capital technology changes for
facilities must be studied to detect this compliance.
She then stated that EPA's air program information
and various enforcement alerts are available on
EPA's OECA Internet home page. She explained
further that press releases and new cases are
uploaded to OECA's Internet home page within afew
weeks of their initiation, but she noted that funding
problems do hinder the prompt placement of
information on the web site.
Ms. Lillian Mood, South Carolina Department of
Health and Environmental Control, referred to
enforcement cases that had been brought up during
public comment periods of the NEJAC and stated
that the NEJAC was working to bring attention to the
enforcement process. She then asked Ms.
Lowrance how EPA responds to enforcement issues
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that are discussed during meetings of the NEJAC.
Ms. Lowrance stated that the majority of EPA's
various regions have deputy regional administrators
or environmental justice coordinators present at the
NEJAC meeting to document the issues discussed.
Those issues, Ms. Lowrance explained, are studied
and discussed at the regional level and at the state
level, as well. The states then discuss progress on
the issues with the communities concerned. To
ensure that progress is made, continued Ms.
Lowrance, state and EPA regional representatives
must perform oversight of facilities that are involved
in enforcement issues. Ms. Lowrance stated her
belief that fines and penalties enhance the impact of
enforcement cases; however, she also added, there
is frustration with inaction and a lack of resources for
some cases. Ms. Mood then stated that, in some
cases, there are questions of authority. In response,
Ms. Lowrance admitted that interagency work is "not
consistent with success" because the concerns of
agencies differ for various sites. She explained that
some successes have been achieved because a
number of agencies have met with community
groups to initiate action. Mr. Cole then stated that
interagency work is an issue, but that EPA should
follow up more assertively on enforcement issues at
the local level. Ms. Harris then asked whether follow
up investigations become criminal investigations and
whether there is a telephone number that members
of communities can call to offer tips and register
complaints. The members of the subcommittee, she
explained to Ms. Lowrance, need such a telephone
number. Ms. Lowrance responded that although a
telephone number would be useful to the
development of criminal investigations, EPA does
not have resources to initiate one.
The discussion then turned to compliance
assistance issues. Mr. Robert Varney, New
Hampshire Department of Environmental Services,
stated that enforcement at the state level had
undergone a 'Very positive elevation." Two key
strategies involved are pollution prevention and
compliance assistance, he said. Mr. Varney then
asked Ms. Lowrance for an update on compliance
assistance. Ms. Lowrance explained that 10
compliance assistance centers currently are in
operation, providing assistance to small businesses
and industry groups. Exhibit 4-3 describes
compliance assistance centers. EPA currently was
working on a two-year plan to provide compliance
assistance and was establishing a national
clearinghouse that can coordinate compliance
material for states, schools, and Federal agencies.
More and more often, she continued, targeted
compliance assistance is not effective without
enforcement. Ms. Lowrance then noted as an
example that metal finishers have had compliance
assistance provided to them over a five year period;
yet, she noted, compliance in that industry had not
improved. Therefore, she continued, EPA was to
begin targeting enforcement actions to metal
finishers. Ms. Lowrance explained further that
Federal measures of compliance assistance
currently were under review. Mr. Varney then
suggested that targeted enforcement and
compliance assistance be performed in tandem. Ms.
Lowrance suggested that a targeted strategy for
compliance assistance be outlined by industrial
sector. Finally, Ms. Mood noted that both state and
EPA efforts in compliance assistance require
improvement in terms of community involvement.
Exhibit 4-3
COMPLIANCE ASSISTANCE CENTERS
The U.S. Environmental Protection Agency (EPA)
created the Compliance Assistance Centers to
provide comprehensive easy-to-understand
compliance information targeted specifically to
industry sectors. Compliance Assistance Centers
seek to promote partnerships between the small
business community and their technical and
regulatory providers. Through plain-English guides,
consolidated checklists, and other tools, Compliance
Assistance Centers seek to minimize waste
production and maximize environmental
performance. There are Compliance Assistance
Centers for the following sectors, automotive; metal
finishing; agricultural; printed wiring board
manufacturers; printing; transportation; painters and
coatings; and chemical manufacturers.
3.0 STRATEGIC PLANNING PROCESS OF THE
ENFORCEMENT SUBCOMMITTEE
In August 1999, the Enforcement Subcommittee of
the NEJAC developed a strategic plan to make the
subcommittee's work more focused and to create
tools to evaluate the effectiveness of the NEJAC's
advice to EPA. The goal of the strategic plan is to
enable the subcommittee to ensure that
environmental justice principles become
institutionalized in all enforcement activities of EPA.
The subcommittee currently is gathering data on,
analyzing, and providing recommendations for
improving EPA's activities in the four areas outlined
below:
• Target EPA enforcement resources on the areas
in which the levels of pollution are the highest.
• Focus on other enforcement options, including
state and tribal enforcement and citizen suits, to
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ensure that they include consideration of the
principles of environmental justice and to
increase the level of resources devoted to
enforcement of environmental laws.
• Ensure that the principles of environmental
justice are made integral to all EPA's
compliance alternatives, including economic
incentive programs (EIP); performance
partnership agreements; and pollution
prevention initiatives, such as the XL program
and the Common Sense Initiative.
• Continue to insist that EPA have a real, credible
civil rights enforcement policy and presence,
including confrontation of the Agency with
evidence of gaps and flaws in its implementation
of Title VI and recommendation of ways to
strengthen EPA processes.
Before discussing the strategic plan in detail, Mr.
Cole led a discussion about whether the
subcommittee should make a change from providing
resolution-based advice to providing report-based
advice to the EPA Administrator through the
Executive Council. Mr. Cole suggested that a report
format be used for issues that deal heavily with
policy. Mr. Varney indicated that the Federal
Advisory Committee Act (FACA) committee that he
had chaired did-not operate with resolutions, but
instead wrote letters to EPA and had paragraphs to
summarize concerns and recommendations; EPA
then would send a response letter mirroring the letter
that summarized the Agency's responses to each
concern and recommendation. He suggested that
there sometimes is a formality and aggressiveness
associated with resolutions that make them
inappropriate when the primary purpose of the
document is to advise the EPA Administrator. Mr.
Cole noted that there are three types of solutions:
political (for which the subcommittee expects action,
ratherthan response), communitysupport (for which
there should be a focus on resources), and policy
(for which in-depth discussions would be most
helpful). The members of the subcommittee should
consider the use of letters or resolutions and let
other members know their opinions, he suggested.
The members of the subcommittee then discussed
the progress of the subcommittee related to
addressing the first section of the Strategic Plan
related to targeting EPA enforcement actions. The
first section of the Strategic Plan is divided into six
subsections: Communities of Color and Low-income
Communities; Enforcement by EPA's Regional
Offices; Federal Facilities; Supplemental
Environmental Projects (SEP) and Community
Benefit; Concentrated Animal Feeding Operations
(CAFO); and Bad Actors.
Communities of Color and Low-Income Communities
Ms. Mood and Ms. Zulene Mayfield, Chester
Residents Concerned for Quality Living, were to
work on incorporating community views into the
determination of enforcement priorities. Ms.
Mayfield suggested that enforcement fines assessed
in minority and nonminority areas be compared,
since, she noted, there often is disparity between the
two. Mr. Cole and Ms. Mayfield were to draft a letter
to the Agency to request an updated analysis to
ensure that fines are fair in both minority and
nonminority areas.
Enforcement by EPA's Regional Offices
Mr. Cole indicated that he had been working with Ms.
Pate to schedule a conference call with regional EPA
offices to discuss the creation of an "enforcement
report card" to focus on outstanding performance
and enforcement underachievement by the regions.
Mr. Cole and Ms. Pate were to prepare a revised
report card on regional enforcement and present it to
the EPA Administrator and the 10 EPA regional
administrators.
Federal Facilities
Mr. Cole directed his attention to the section of the
Strategic Plan on Federal facilities. He indicated that
a work group of the NEJAC was being established to
analyze and take action on environmental justice
issues related to Federal facilities. Mr. Cole asked
whether any members of the subcommittee would
serve on the proposed work group. Ms. Harris then
volunteered to join the Federal facilities work group
of the NEJAC.
Supplemental Environmental Projects (SEP) and
Community Benefit
Mr. Cole indicated that the subject of SEPs was
open for public comment. He then asked Ms. Pate
to make the Federal Register citation on SEPs
available to Mr. Gerald Torres, University of Texas
School of Law, Ms. Mayfield, and himself. Mr. David
Nielsen, Director of the Resource Conservation and
Recovery Act (RCRA) Enforcement Division, Office
of Regulatory Enforcement (ORE), EPA OECA, was
asked to make publications on SEPs available
directly to the members of the subcommittee, while
Mr. Varney was asked to provide examples of SEPs
to the subcommittee.
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Concentrated Animal Feeding Operations
Ms. Harris suggested that the subcommittee submit
a report on CAFOs, rather than a resolution,
because, she said, the topic requires a much more
detailed discussion. Mr. Cole also proposed that a
larger report be prepared. The subcommittee
discussed the forwarding of a proposed resolution on
CAFOs to the Executive Council of the NEJAC and
the subsequent submittal of a larger report on
CAFOs at a later date. Members of the
subcommittee had agreed to forward a proposed
resolution on CAFOs to the Executive Council for
consideration.
Bad Actors
This subsection of the plan discusses a small
percentage of permit holders that are responsible for
a large percentage of permit violations and
enforcement actions. Ms. Mayfield and Ms. Harris
were asked to work on that section. Ms. Harris was
to investigate whether states observe those facilities.
Ms. Mayfield was to prepare a list of potentially
responsible parties, targeting the lop ten" bad actors
or the "dirty dozen." Mr. Cole asked about EPA's
policy on dealing with bad actors. Ms. Pate agreed
to determine whether there is a list of model
regulations for bad actors. Mr. Varney will assist Ms.
Harris and Ms. Mayfield in gathering information
about bad actors from state agencies.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made to
the Enforcement Subcommittee on issues related to
enforcement and compliance assurance. Mr. Cole
introduced the theme of the meeting as: What
health data should EPA use to target enforcement
resources at the most vulnerable communities, and
how should resources be gathered to support
effective efforts? A panel discussion on the health
theme was presented. Other presentations were
made on CAFOs and the status of EPA's activities
related to Title VI.
4.1 Health Theme Discussion: What Health Data
and Indicators Should the U.S.
Environmental Protection Agency be Using
to Target its Enforcement Efforts and
Resources?
Ms. Mood moderated a panel of four speakers who
discussed health data and indicators as they are
related to enforcement and environmental justice.
The presentations made on the theme of the
meeting are summarized below.
4.1.1 Presentation on the U.S. Environmental
Protection Agency's Enforcement and
Compliance Targeting Activities
Ms. Betsy Smidinger, Chief, Targeting and
Evaluation Branch (TEB), Office of Compliance, EPA
OECA, provided an overview of EPA's compliance
screening and targeting activities. In a handout to
the members of the subcommittee, Ms. Smidinger
described the TEB. She explained that the TEB
develops analytic projects and targeting tools that
are provided to enforcement and compliance
personnel of EPA. She stated further that TEB is
customizing the tools for use by state governments.
Ms. Smidingerthen spoke about risk-based activities
and the use of subjective risk assessments in
compliance screening activities. She explained that
most risk-based activities use historical approaches
and observe various factors, such as: the economic
size of companies and facilities, a facility's greatest
perceived risk, and the rate of noncompliance. Ms.
Smindinger also described EPA's current screening
activities, that include screening, planning, and
strategy. She then identified three steps in
screening activities: (1) identify problems that pose
the highest risk, (2) determine national enforcement
priorities, and (3) develop a strategy for each area
that identifies what activities will be done to address
the problem. Ms. Smidinger indicated that additional
information from regions; state, local, and tribal
governments; environmental organizations; and
industry groups that are not available through EPA's
data systems are helpful in this process.
Ms. Smindinger indicated that most of the targeting
reports developed by TEB use data from the
Integrated Data for Enforcement Analysis (IDEA)
system. That system, she noted, brings together
enforcement and compliance data from various
agencies and external data bases to provide broad
analytic capabilities. Data in the system include
information from the water, air, and hazardous waste
programs, the Toxic Release Inventory (TRI), and
the Emergency Response Notification System, as
well as economic and demographic data from the
U.S. Census Bureau, she explained.
Ms. Smindinger also spoke about strategic targeting.
She explained that strategic targeting projects
examine large data sets to determine which industry
sectors and high risk geographic areas should be the
focus of the compliance and the enforcement
program. Information about pollutants and chemical
releases, inspection and compliance history, TRI risk
data, and demographic information are analyzed to
determine which industries or geographic areas
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should be the focus of additional inspection or
enforcement coverage, she said.
Ms. Smindinger also briefly mentioned other EPA
screening tools, such as the On-line Targeting
System (OTIS), which maps facilities according to
compliance factors, and the Risk Screening
Environmental Indicators Model, which relies on TRI
data. She described geographic analysis as a
screening tool that identifies counties in the United
States in which environmental conditions are poor
and appear to receive less enforcement attention
than other counties. However, noted Ms.
Smindinger, that screening tool was not found to be
successful. Responding to Mr. Cole's inquiry about
why geographic analysis is not a successful
screening tool, Ms. Smindinger explained that she
did not know all the details about the reason, but that
one factor is that internal EPA data bases do not
have all the information needed to support
geographic analysis, such as a list of nonnotifiers
and facilities that are not in compliance.
4.1.2 Presentation on Indicator Technology:
Utility for Identifying High Risk
Communities
Mr. Tim Aldrich, Chief of the Chronic Disease
Epidemiology Division, South Carolina Department
of Health and Environmental Control, first defined an
indicator, which can be community-based or
environmental, as an indirect measure that reveals
a change in a community practice or in risk behavior.
Mr. Aldrich explained how exposures that are
hazardous to human health are monitored through
the use of indicators. As an example of indicator
logic, he explained how the human health effects of
the toxin pfiesteria can be measured. There is no
monitoring agent available to actually measure
pfiesteria, he continued. Therefore, fish kills are
monitored instead to determine the human health
effects of the toxin. While it may not be possible to
monitorthe actual contaminant, said Mr. Aldrich, the
results of the monitoring of fish kills can provide an
indication of human health exposures to the toxin.
Mr. Aldrich next described four factors that influence
the use of indicators in environmental health: (1)
selective forces, (2) spatial and temporal
consistency, (3) clarification of issues, and (4)
nuisance indices. A selective force, he explained,
may be representative of class, level of wealth, or
accessibility. An example of a selective force is a
trip to the emergency room or the use of home care.
He next identified an example of spatial and
temporal consistency, levels of ozone emissions that
differ from one another in different geographic
regions. Clarification of issues, Mr. Aldrich
explained, deals with susceptibility. An example
would be the monitoring of rates of absenteeism at
schools and workplaces to help determine groups at
risk. Nuisance indices, he then explained, may not
be a health effect; odor, he added, is an example of
a nuisance index.
Mr. Aldrich then identified several examples of
indicators and then described several indicators in
the context of cancer. He noted that, with
community participation, various indicators can be
evaluated and occurrences of hazards monitored
more closely. He said incidence and mortality ratios
can measure which communities are most heavily
affected by environmental health issues. He
explained that those indicators are available through
state cancer registries. Next, Mr. Aldrich discussed
screening activities. If there are low incidence and
mortality ratios, there are lower occurrences with
lower screening rates. Last, he described sentinel
events. Mr. Aldrich said sensors are used as a
system to help identify where events are occurring,
he said; when cases begin to occur, connections can
be made for where and when events are occurring
by watching for outcomes of the sensor use.
Mr. Aldrich then turned his attention to sources of
indicator data. Two sources, he explained, are
disease registries and demographic data bases
supported by the U.S. Census Bureau. Another
source of indicator data is the Behavioral Risk Factor
Surveillance System, which is available in all states.
The system, he said, rates the health and limitations
of communities and monitors complaints and
dissatisfactions. The final source, Mr. Aldrich
identified, was sentinel event processes, which can
relate good biological information and in turn help
enforcement begin earlier.
Turning his attention to interpreting indicators and
criteria for choosing indicators, Mr. Aldrich explained
that interpreting indicators can involve quantitative
and qualitative analyses. Another method of
interpretation is the use of directed surveys in
schools, homes, and churches. Referring to the
criteria for indicators, Mr. Aldrich stated that
indicators can be nonspecific, such as environmental
data, or spatially localized, such as community-
based data. Indicators can be chosen on the basis
of the system designed for data collection and
should take into account specificity and sensitivity,
Mr. Aldrich said in conclusion.
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4.1.3 Presentation on Environmental
Enforcement and Public Health
Dr. Maureen Lichtveld, Associate Director of
Workforce Development, Public Health Practice,
Centers for Disease Control and Prevention (CDCP),
provided an overview of the relationship between
environmental enforcement and public health.
Dr. Lichtveld first spoke about exposure pathways,
explaining that hazardous substances are
transferred from operations through various
pathways, such as biota, air, soil, and water, to
receptors, such as people and animals. Next, she
discussed the model for establishing a relationship
between exposure to hazardous substances and
adverse health effects. The model tracks
environmental contamination from biologic uptake
through contact with the target organ, biological
change; and, finally, disease.
Next, Dr. Lichtveld described the hierarchy of data
for exposure assessment. She indicated that
individual assessments and measurements are most
accurate. Other exposure surrogates are ambient
measurements, such as indoor air. The remaining
portions of the hierarchy include measuring distance
and duration, residence or employment proximity,
and residence or employment in geographic areas of
concern. Dr. Lichtveld then turned her attention to
biological testing. She explained that biological
testing can measure various effects of the interaction
of a toxicant with the human body, including: a
toxicant (directly), a metabolite of a toxicant, an
effect of an interaction, absorption of a toxicant
(indirectly), and effects on a target organ.
Dr. Lichtveld then discussed the role of science in
addressing environmental health concerns. She
stated that solving public health problems involves
evaluating scientific and technical knowledge and
public concerns. Dr. Lichtveld then listed the key
issues that influence the delivery of environmental
health service to persons at risk and communities:
• Application of population-based epidemiologic
findings in community-oriented intervention
strategies.
• Toxicological concordance of effects and effect
levels among species.
• Availability of biological markers of exposure,
effect, and susceptibility.
• Development of standardized methods and
techniques for quantitatively assessing
increased knowledge gain and behavioral
change.
• Use of clinical practice to identify and address
community health issues.
• Use of quantitative outcome information to
increase the effectiveness of public health
interventions.
Dr. Lichtveld then discussed community-driven
approaches in environmental health by describing
four project components that are crucial to
environmental health interventions: (1) community
health needs assessments, (2) environmental health
education, (3) clinical evaluations, and (4) clinical
speciality referrals.
Dr. Lichtveld stressed the importance of the role of
public values and popular opinions as they are
related to public health. She noted that societal
factors are crucial in implementing community
interventions as is taking a holistic rather than an
individual approach. She also presented an
integrated framework for environmental health that
focuses on health promotion, health education, risk
communication, and medical intervention.
Finally, in the area of future possibilities and
opportunities, Dr. Lichtveld stated that government
agency actions should be based on early systematic
planning by bringing together community health
concerns, environmental health interventions, and
enforcement strategies.
Ms. Mayfield asked for a list of universal indicators
for health. Dr. Lichtveld mentioned that the U.S.
Department of Health and Human Services (HHS)
identified ten leading health indicators including
environmental quality, obesity, mental health, and
access to health care. These indicators are
associated with a comprehensive list of objectives
and are published in the "Healthy People 2010
Initiative," she said.
Ms. Mood asked whether communities could
complete health and environmental assessments for
themselves. Ms. Mayfield indicated that the
community of Chester, Pennsylvania, had already
done so. The effort, she continued, included the
collection of TRI data, data from the U.S. Census
Bureau, data on low birth weight, and other
information. Mr. Cole said that the Enforcement
Subcommittee was to recommend feasible ways to
target enforcement indicators, such as low-birth
weight and infant mortality rates. Mr. Cole asked
whether there are data available to make "targeting"
possible and whether "targeting" is a good idea. Dr.
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Lichtveld responded that, while some communities
have a wide variety of data, existing data often are
not sufficient in most cases nationwide. Dr. Lichtveld
noted that all entities, including EPA, public health
agencies, and communities, must come to an
agreement about "targeting" and if communities are
to be treated fairly, agencies must consider all data.
Finally, Dr. Lichtveld stated that public health should
precede enforcement because decisions about
"targeting" will otherwise not benefit from crucial
public health data and information.
4.1.4 Presentation on the Richmond County
Health Department Health Intervention
Project
Ms. Juanita Bumey, Coordinator of the Richmond
County, Georgia Health Department, presented
information about the Richmond County Health
Department Health Intervention Project. The project
addressed health concerns of former and current
residents of a community in Richmond County who
were exposed to many toxic substances, she said.
She explained that some of the citizens were
believed to have become ill because of exposure to
the toxic substances. Those sicknesses might have
been prevented if cause and effect between
exposure and the sicknesses had been established,
she said.
Ms. Bumey identified the participants in the project
as residents living in a 1.4 mile radius of exposure to
contaminants who participated over a specific period
of time. The residents' drinking water was being
affected and was tested; the tests revealed that the
drinking water was contaminated, she said. Ms.
Burney then explained that all other media were
tested, as well. She said the citizens were
concerned about who would help them with the
contamination, since many industrial companies
failed to admit blame or take action. Because of the
contamination, she explained that residents of the
community drink city water instead of well water.
Ms. Burney indicated that a number of people were
involved in the project development and oversight:
a director, a coordinator, a lead nurse, a panel of
citizens (The Citizens Alliance for Community
Health), a medical advisory committee, and staff of
the Agency of Toxic Substances and Disease
Registry (ATSDR). Other project staff included data
assistants, doctors, nurse practitioners, and
specialists, she added.
Ms. Burney then turned her attention to a discussion
of the components of the project. The components
included Census data, an enrollment questionnaire,
community health education, medical examinations,
follow-up medical visits, and medical referrals.
Ms. Burney then discussed community concerns that
were brought to light as a result of the health
intervention project. With respect to health issues,
the community was concerned most deeply about
cancer, dermatological problems, and mental health
issues, she said. The community also was
concerned about property issues related to damage,
decreased values, insurance coverage, inability to
sell property, limits on outside activity, and
relocation.
Ms. Burney made the following suggestions that she
believed could improve upon future public health and
environmental studies: (1) adequate environmental
and health education provided to both citizens and
medical professionals; (2) use of a laymen's
approach instead of a technical approach; (3) obtain
information that is specific to the industries involved;
and (4) ensure that citizens in affected communities
know their rights.
Finally, Ms. Burney explained the positive and
negative factors of the project according to the
perspective of the community. Members of the
community had a positive opinion about the no-cost
physical examinations, the concern shown for the
community, and the project's knowledgeable staff.
Members of the community also expressed their
concerns and suggestions for improving such
projects. The inability of the project staff to have
physicians to assist with relocation; the need of
citizens for more mental health assistance; the
limited duration of the projects; and the communities
need to demonstrate interest, care, and compassion
were among the concerns expressed by the
members of the community, reported Ms. Burney.
4.2 Presentation on Concentrated Animal
Feeding Operations
This section summarizes presentations on CAFOs
provided to the Enforcement Subcommittee by Mr.
Gary Grant, Executive Director, Concerned Citizens
of Tillery, and Dr. Steve Wing, Associate Professor,
Department of Epidemiology, University of North
Carolina.
After noting EPA's lack of support thus far on the
issue of CAFOs, Mr. Grant stated his belief that EPA
is "behind" in enforcement related to CAFOs. He
then stated his desire to see the enforcement
process move faster with respect to CAFOs,
especially because of issues related to health
problems and decreased land values. Mr. Grant
then introduced Dr. Wing.
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Dr. Wing first provided an overview of hog farming.
He stated that the numerous confining houses in
existence contain thousands of hogs. Wastes from
confinement facilities are thrown into waste pits and
then deposited into spray fields, he said. Dr. Wing
noted that the state of North Carolina has required
liners in waste pits since 1992, and, in some cases
plastic or synthetic liners are used. Dr. Wing
explained that the waste sometimes undergoes
anaerobic decomposition. Occasionally, however,
he continued, the pits fill up, and the waste is
pumped onto sprayfields and used as a fertilizer for
crops. That practice, he declared, could lead to
saturation of farm lands with wastes.
Next, Dr. Wing explained why the operations of the
hog industry in North Carolina is an example of
environmental injustice. He stated that the
concentration of hog production in the state has
affected primarily poor, nonwhite, rural communities
because the production operations cause excessive
pollution and offensive odors. The majority of
CAFOs currently are concentrated in North
Carolina's coastal plain region. Their location further
concentrates the waste and increases the potential
for damage because the region is subject to flooding,
continued Dr. Wing. The waste from CAFOs can
contaminate groundwater with nitrates and
pathogens, he said. Odorants also are an issue, he
explained, because airborne emissions contain
volatile organic compounds (VOC), ammonia, and
hydrogen sulfide; these odorants can cause health
issues, not only for CAFO workers, but also for
residents in the vicinity of such operations. The
presence of CAFOs can lower land values and
decrease the quality of life and can affect the health
of residents and workers who already suffer from
poor nutrition, low wages, and lack of access to
sufficient medical care, continued Dr. Wing.
Dr. Wing explained that the organization, Concerned
Citizens of Tillery in Tillery, North Carolina, wanted
public health issues associated with the hog industry
documented. To investigate those health issues,
households were surveyed door-to-door to identify
symptoms and reduced quality of life characteristics
common to households allegedly affected by
CAFOs. The households, Dr. Wing explained, were
located in three rural communities: one in the vicinity
of a 6,000-head hog operation, one near two
intensive cattle operations, and a third in an area in
which no livestock operations .are located. The
response rate was very high, continued Dr. Wing,
and 155 interviews were completed. The majority of
respondents were female African-Americans, he
said. Dr. Wing noted that adjustments were made in
the study to account for differences in age and
gender; employment status; and whether
respondents were smokers. In addition, the study
detailed only acute effects, it did not account for
chronic disease, he pointed out.
Dr. Wing then described the symptoms that were
observed in the three communities. The
occurrences of many symptoms were higher in the
community in the vicinity of the hog operations than
in other communities, while some occurrences were
higher for the community near the cattle operations
than in the community in the area having no livestock
operations. Symptoms reported are listed in Exhibit
4-4. Dr. Wing explained that the symptoms were
divided into six groups: upper respiratory and sinus,
lower respiratory, gastrointestinal, skin and eye
irritation, and quality of life. The percentage of
respondents who reported upper respiratory and
sinus episodes was the largest in the community
near the hog operation, while the community near
the cattle operation showed more intermediate
results. The number of respondents who reported
lower respiratory, gastrointestinal, and skin and eye
irritation symptoms was generally smaller.
Incidences of gastrointestinal symptoms was the
Exhibit 4-4
REPORTED SYMPTOMS IN COMMUNITIES
LOCATED NEAR CATTLE AND HOG
OPERATIONS
The following describes reported symptoms in
communities located near cattle and hog operations:
Stuffy
nose/sinuses
Runny nose
Burning nose
Sore throat
Mucus/phlegm
Excessive
coughing
Shortness of
breath
Skin/eye irritation
Gastrointestinal
(heartburn, lack of
appetite, nausea or
vomiting, diarrhea)
Quality of life
(cannot open
windows or go
outside)
Significantly higher for the
community near the hog
operation.
Higher for the community near
the hog operation.
More episodes for the
community near the hog
operation, less significant for the
community located near the
cattle operation.
All symptoms were significantly
higher for the community near
the hog operation.
The community near the hog
operation reported more than 12
times the number of episodes
reported by the other two
communities.
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highest among the residents of the community near
the hog operation. However, Dr. Wing indicated that
the largest differences among the three communities
occurred in the reported occurrences of a decrease
in the quality of life symptoms, which included not
being able to open windows or go outside. More
than 50 percent of the residents of the community
near the hog operation reported that they could not
open windows or go outside, compared with the 20
percent of residents in the other two communities.
Dr. Wing next discussed several enforcement issues
associated with CAFOs. He indicated that in 1995,
there had been tremendous concern about spraying
and the potential that waste would seep into the
ground and affect the groundwater. Spray fields are
not lined and are sometimes built in areas where
there are drained wetlands and that livestock
operations have been built in areas in which floods
often occur, he said. Dr. Wing noted that the
operations are not designed to contain waste; rather
the operations often dump waste onto the spray
fields. Cesspools must be emptied so they will not
be affected by flooding, he noted. Dr. Wing stated
that, during winter months, discharges to the
environment often occur. Wastes are dumped into
fields and spread in trenches. Eventually, he said,
they reach local water supplies. Dr. Wing also noted
that enforcement may be lacking because (1) most
agricultural businesses see themselves as
nondischargers and (2) the North Carolina
Department of Natural Resources is supported in
part by lawyers who represent the North Carolina
Pork Council.
Dr. Wing then discussed the distribution of farms
and ethnic populations. He noted that there is a
large concentration of CAFOs in eastern North
Carolina, where the highest percentage of African-
Americans live. There are almost no livestock
operations in white areas, continued Dr. Wing. He
stated that CAFOs are located in poor areas having
high percentages of minority populations that do not
have ample political representation. He also
explained that areas in which livestock operations
are located are 85 to 100 percent dependent on well
water. Within Tillery, North Carolina, he continued,
35 hog farms create 170,000 tons of waste per year,
predominantly in communities that are nonwhite, and
those farms use well water. Ms. Harris asked
whether the state of North Carolina was concerned
about wells in areas in which hog farms are located.
Dr. Wing responded that the state of North Carolina
had implemented a testing program for neighbors of
hog farms who depend on wells. However, because
of a lack of adequate enforcement and public
education, he observed, many people did not
participate in the well testing. Dr. Wing also noted
that many counties do not cooperate with the state
because of pressure from pork farmers.
Mr. Grant asked that the subcommittee act on behalf
of people living near CAFOs, in part because the
communities have done all they can and now need
the help of others. Dr. Wing also noted that health
issues associated with both water and air must be
explored. Thus far, attention has been concentrated
on water pollution, he pointed out. Mr. Cole noted
that the subcommittee's proposed resolution on
CAFOs was the first step in enforcement and
indicated that a larger report supporting the issue
would be the next step.
4.3 Update on the U.S. Environmental Protection
Agency Guidance Related to Title VI of the
Civil Rights Act of 1964 and Health Effects
Associated with Lack of Enforcement of Title
VI
Ms. Goode provided an overview of the status of
EPA's guidance to address administrative
complaints filed under Title VI which challenge
permits and also discussed OCR's current case load
and backlog.
Ms. Goode described the Federal Register package
that would contain EPA's revised draft guidance
related to enforcing Title VI. Exhibit 4-5 describes
the new draft guidance. She also stated that the
Federal Register will identify times and dates of
listening sessions and conference calls to discuss
the guidance documents. She explained that a
robust external process of review of the Interim
Guidance for Investigating Title VI Administrative
Complaints Challenging Permits had taken place for
the past two years. That process, she said, had
included stakeholder meetings and the convening of
the Title VI Implementation Advisory Committee. An
extensive internal review process also had occurred,
including five meetings with the EPA Administrator
since May 1999. Ms. Goode stated that she also
had met with representatives of the Office of
Management and Budget and members of the
congressional Black Caucus to discuss the
guidance. She noted that members of Congress
were being contacted to obtain their comments on
the guidance and stated that a civil rights status
report soon would be placed on EPA OCR's Internet
home page. An electronic mailbox also will be
established on the home page to solicit comments
on the new draft guidance documents.
Ms. Goode then discussed the changes to the draft
guidance. Ms. Goode explained that it has been
suggested that a list of definitions be added to the
guidance; the guidance be made more concrete; and
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Exhibit 4-5
U.S. ENVIRONMENTAL PROTECTION AGENCY TITLE VI OF
THE CIVIL RIGHTS ACT OF 1964 GUIDANCE DOCUMENTS
The U.S. Environmental Protection Agency (EPA) Office of Civil Rights (OCR) will publish two draft Title VI of the Civil
rights Act of 1964 (Title VI) guidance documents in the Federal Register on June 27, 2000. EPA will accept public
comments for 60 days, until August 28,2000. The draft documents are titled:
• Draft Title VI Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs
("Draft Recipient Guidance")
Draft Revised Guidance for Investigating Title VI Administrative Complaints Challenging Permits ( "Draft
Revised Investigation Guidance ")
Title VI prohibits discrimination based on race, color, or national origin by any entity that receives Federal financial
assistance. When entities (such as, state environmental agencies) receive EPA financial assistance, they accept the
obligation to comply with Title VI and with EPA's Title VI implementing regulations. Persons who believe EPA recipients
are administering their programs in a discriminatory manner may file an administrative complaint with EPA.
In 1998, EPA issued its Interim Guidance for Investigating Title VI Administrative Complaints Challenging Permits
("Interim Guidance") for public comment. The Interim Guidance provided an initial framework for EPA OCR to process
complaints filed under Title VI that allege discriminatory environmental and health effects from environmental (pollution
control) permits issued by EPA financial assistance recipients.
EPA has revised the Interim Guidance based upon a robust stakeholder input process, as well as the public comments
received on the Interim Guidance. EPA convened an advisory group to provide recommendations and has conducted
numerous meetings with a variety of stakeholders over the past two years.
What is the purpose of these documents?
The Draft Recipient Guidance is intended to offer suggestions to assist state and local recipients of EPA financial assistance
develop approaches and activities to address potential Title VI concerns. Examples include fostering effective public
participation, conducting assessments of potential adverse impacts, developing geographic, area-wide pollution reduction
programs, and using informal resolution techniques. Recipients are not required to adopt or implement any of the Title VI
approaches or activities described in the Draft Recipient Guidance.
The Draft Revised Investigation Guidance describes procedures EPA staff may use to perform investigations of Title VI
administrative complaints that allege adverse, disparate impacts caused by permitting decisions.
In response to comments received by EPA, the Draft Revised Investigation Guidance differs from the Interim Guidance by
providing more detail and clarity. The new guidance contains more detailed explanations of the various steps of an
investigation and the actions that may be considered at each stage (such as, how a finding of adverse impact is expected to
be reached, or when an allegation will likely be dismissed). In addition, both guidance documents define terms through
examples and a glossary.
More than 120 written comments on the Interim Guidance were received from a broad range of interested parties.
Community groups, environmental justice organizations, state and local governments, industry, academia, and other
interested stakeholders also contributed to the development of the draft guidance documents as part of the Title VI
Implementation Advisory Committee established by EPA, as well as through many other meetings with stakeholders during
the past two years.
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that the guidance specify community involvement in
the case investigation as early as possible. EPA
also is suggesting ways in which state programs can
improve their efforts and track their records on civil
rights cases, she said. Ms. Goode asked that all
comments submitted on the new draft guidance be
very focused to facilitate the process of approval;
comments should be submitted within the 60-day
comment period, said Ms. Goode, because the
Agency would like to release the final guidance
document in the Federal Register by the end of the
calendar year. She noted that the 60-day comment
period would not begin until the document is
released in the Federal Register for comments. The
guidance, she added, also would be made available
on EPA's Internet homepage.
Ms. Goode then explained that the outreach strategy
will be crucial in soliciting comments on the new
guidance documents. She reported that she had
planned several meetings across the country. Such
meetings, she continued, were to be held in
Washington D.C.; Dallas, Texas; Chicago, Illinois;
New York, New York; and Oakland, California to
solicit comments from various groups and to address
those comments.
With respect to civil rights cases, Ms. Goode
explained that actual facts must be the focus of
EPA's inquiry into a case. She stated that the
allegations of the complaint, the availability of
methodologies, and the resources necessary to
perform a reasonable investigation of the case are
factors that affect EPA's work on various cases. Mr.
Cole mentioned some specific civil rights cases and
then asked about the .issue of backlog. Ms. Goode
responded that strategies adopted to attempt to
decrease backlog had failed. She explained that
cases continue to be unique and complex, and she
expressed the hope that those cases will serve as
good examples to expedite future cases. Mr. Cole
asked what was the greatest impediment to efforts
to decrease backlog, noting that 27 cases are
pending review and 21 cases are at the accept or
reject stage. Ms. Goode responded that the current
staff and resources are insufficient. She also
explained that no adequate framework had been
established for resolving the cases. Ms. Goode then
stated that, when she first joined OCR, she had
inherited a backlog that since had continued to
increase in number and complexity. She also cited
delays because of a large learning curve, since a
history of resolved cases is lacking. Mr. Cole noted
that he was troubled to hear that Ms. Goode
continues to wait for a proper framework through
which to resolve cases, since she had been waiting
for such a framework when she joined the program.
Ms. Goode explained that the framework continues
to evolve and must include decisions about the
approach to the case and who to involve to obtain
support in resolving the case. She said that she had
requested more staff from various media offices to
help decide whether analytical tools and policy
issues relating to civil rights cases should be more
defined in greater detail. She stated further that
staffing issues and the daunting nature of tasks
associated with the cases has hindered the
schedule.
In response to a question from Ms. Mayfield about
whether health is used as a criterion, Ms. Goode
responded that she had spoken with several people
about that matter. She cited difficulty in gathering
public health data because data identified usually are
not adjusted for race or age. She also explained that
locating and categorizing data are difficult and, while
she acknowledges that a relationship between health
issues and the problems occurring must be
demonstrated, she also reported that the current
health of a community is not considered as a
criterion in the new draft guidance.
Expressing concern about the backlog of civil rights
cases at EPA, Ms. Harris asked whether the support
of part-time attorneys could be called upon. Ms.
Goode responded that she did have attorneys
working on cases. Ms. Mayfield then asked about
the status of cases in which complaints were filed
years ago, but the cases still have not been
resolved. Ms. Goode explained that those cases are
not disregarded. She added that final decisions on
those cases will be based on historical
circumstances.
Mr. Cole noted that, until the Agency has credible
enforcement related to Title VI, EPA will not have
credible environmental justice enforcement. The
civil rights of citizens are being ignored and the civil
rights of communities of color are being violated, he
declared. Mr. Cole cited 94 complaints in seven
years, none of which, he pointed out, had been
resolved. He observed that, in seven years, some
cases should have been resolved. He observed that
he was speaking for the subcommittee and noted
that the members of the subcommittee were looking
forward to response and action from OCR. Ms.
Goode responded that she did not excuse EPA for
its lack of progress, adding that she was mindful of
the subcommittee's concerns and hopes to move
forward quickly.
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5.0 RESOLUTIONS AND SIGNIFICANT
ACTION ITEMS
This section summarizes the resolutions discussed
by the Enforcement Subcommittee and forwarded to
the Executive Council of the NEJAC for
consideration. In addition, this section discusses
significant action items adopted by members of the
subcommittee.
The members of the Enforcement Subcommittee
discussed a resolution in which the NEJAC
recommends to the EPA Administrator that several
actions be taken related to the issue of CAFOs. The
Enforcement Subcommittee amended a proposed
resolution on CAFOs to reflect concerns of the Air
and Water Subcommittee. Amendments made to
the resolution include:
• Direct the EPA Office of Air and Radiation
(OAR) to conduct analyses of its authority to
protect communities from odor and toxic
emissions.
• Mandate groundwater monitoring at CAFO
operations.
• Incorporate community concerns in guidelines
for the siting of CAFOs.
Prevent states from starting new CAFO
programs through aggressive Federal
crackdowns on states that allow facilities to
operate without National Pollutant Discharge
Elimination System (NPDES) permits.
• Establish a CAFO hotline for reporting violations
of environmental laws to EPA.
• Aggressively audit facilities of CAFO owners that
have poor compliance records, particularly those
located in environmental justice communities, to
target them for shutdown.
• Protect the integrity of Federal authority
delegated to states by removing permitting
authority from states that flaunt the NPDES
process with regard to CAFOs.
• Establish triggers for imposition of penalties by
the state, and triggers for EPA action.
• Survey other Federal agencies to identify
subsidies of CAFOs that may conflict with
requirements for compliance with Federal
environmental laws.
• Require NPDES permits for land disposal of
CAFO waste.
The members discussed a resolution on multiple
chemical sensitivity (MCS) through which the NEJAC
recommends to the EPA Administrator that EPA:
• Establish disease registries and make MCS a
"reportable condition."
• Investigate and report the prevalence and
incidence of MCS in minority communities and
low-income communities, especially those
heavily affected by environmental pollutants.
• Provide funding and programs to support
increased understanding, education, and
research that will aid in identifying causes,
diagnosis, treatment, accommodation, and
prevention of MCS.
• Include MCS as a factor when establishing
standards and developing regulations, especially
with regard to multiple exposures to and
cumulative effects from environmental
chemicals.
• Examine existing environmental laws and revise
or add standards, as appropriate, ensure
protection from chemicals that cause initial
sensitization and those that trigger existing
sensitivities.
• Encourage states and other government and
nongovernment entities to take regulatory and
voluntary actions, including notices and
restrictions as necessary, to protect individuals
who have MCS in the workplace, the home, and
public places.
• Ensure that accurate information about minority
and low-income populations is included in the
final version of the report of the Interagency
Workgroup on MCS and other policy documents
issued on the matter of MCS.
• Establish a fragrance-free policy for meetings
and identify and use facilities that actively
attempt to reduce and minimize use of toxic
chemicals, for example, those that use non-toxic
building materials, cleaning agents, and pest
control measures.
The members of the subcommittee also adopted the
following significant action items:
•/" Requested that EPA provide the time table for its
strategic planning process for the budget.
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Requested that the state of New Hampshire
provide one example of an EGOS or NAPA
report on state enforcement for comparison to
an EPA inspector general report on state
enforcement.
Requested that EPA provide a "report card" on
enforcement of environmental laws and
regulations by states.
Assigned Ms. Mood and Ms. Mayfieid to identify
ways to incorporate the views of communities of
colorand low-income communities about health-
based targeting into the subcommittee's
strategic plan.
Agreed to prepare a letter to the EPA
Administrator to request an update on the
Agency's analysis of whether enforcement fines
are equitable and consistent in minority and
nonminority areas.
Proposed that Ms. Harris represent the
Enforcement Subcommittee on the proposed
Federal facilities work group of the NEJAC.
Assigned Mr. Varney, Ms. Mayfieid, and Ms.
Mood to gather information about EPA's "bad
actor" regulation for the subcommittee's
strategic plan-.
Agreed to draft a letter to be addressed to each
FACA at EPA to request that an environmental
justice perspective be represented on each
FACA committee. In the letter, the
Environmental Law Institute report Building
Capacity to Participate in Environmental
Protection Agency Activities: A Needs
Assessment and Analysis should be referred to
with regard to broader community representation
in environmental decision making.
Asked that Mr. Varney provide examples of
interagency coordination and cooperation on the
state level to assist the subcommittee in
preparing for the December 2000 meeting of the
NEJAC.
Agreed to continue drafting a report on lack of
enforcement of Title VI by EPA. The report will
outline the background and history of Title VI
enforcement issues and provide
recommendationsforfuture action and response
by EPA.
Agreed to draft a letter to EPA to request that
the Agency meet with members of the
community of Anniston, Alabama and
representatives of the Alabama Department of
Environmental Management (ADEM). Agreed
further to request that a representative of EPA
provide an update on the activities in Anniston,
Alabama, to the NEJAC.
Agreed to draft a letter to the citizens of
Anniston, Alabama, to thank them for the
opportunity to visit their community and to
encourage them to keep in contact with
members of the NEJAC.
Submitted to the Executive Council of the
NEJAC for approval a letter addressed to the
EPA Administrator that outlines the concerns of
the Enforcement Subcommittee about EPA's
implementation of its Tier 2 Clean Fuels
Initiative.
Ms. Goode made a commitment to convene a
meeting in July 2000 in southern California to
discuss the outreach strategy to solicit views and
comments on the new guidance for Title VI.
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Atlanta, Georgia, May 25,2000
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MEETING SUMMARY
of the
HEALTH AND RESEARCH SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 25, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
Lawrence Martin
Co-Designated Federal Official
Office of Research and Development
U.S. Environmental Protection Agency
Chen Wen
Co-Designated Federal Official
Office of Pollution Prevention
and Toxic Substances
U.S. Environmental Protection Agency
Aretha Brockett
Co-Designated Federal Official
Office of Pollution Prevention
and Toxic Substances
U.S. Environmental Protection
Agency
Marinelle Payton
Chair
-------
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-------
CHAPTER FIVE
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 Thursday,
May 25, 2000, during a four-day meeting of the
NEJAC in Atlanta, Georgia. Dr. Marinelle Payton,
School of Public Health, Harvard University Medical
School, continues to serve as chair of the
subcommittee. Mr. Chen Wen, U.S. Environmental
Protection Agency (EPA) Office of Pollution
Prevention and Toxic Substances (OPPTS), and Mr.
Lawrence Martin, EPA Office of Research and
Development (ORD), continue to serve as the co-
Designated Federal Officials (DFO) for the
subcommittee. Exhibit 5-1 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 members 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 the reports on and discussions of the
activities of the subcommittee, such as the
development of the decision tree framework for
community-directed environmental health
assessment. Section 4.0, Interagency Forum on
Partnerships in Public Health, presents an overview
of discussions held between the subcommittee and
representatives of various government agencies
about building partnerships between such agencies
and communities to address public health issues.
Section 5.0, Resolutions and Significant Action
Items, summarizes the resolutions forwarded to the
Executive Council of the NEJAC for consideration
and the significant action items adopted by the
subcommittee.
The members of the subcommittee also participated
in a joint session with the Waste and Facility Siting
Subcommittee of the NEJAC to discuss the
exposure investigation of Mossville, Calcasieu
Parish, Louisiana, conducted by the Agency for
Toxic Substances and Disease Registry (ATSDR) in
November 1999. Chapter Nine of this document
provides a summary of the deliberations of the joint
session.
Exhibit 5-1
HEALTH AND RESEARCH SUBCOMMITTEE
Members
Who Attended the Meeting
May 25, 2000
Dr. Marinelle Payton, Chair
Ms. Rose Augustine, Vice-Chair
Mr. Lawrence Martin, co-DFO
Mr. Chen Wen, co-DFO
Mr. Lawrence Dark
Dr. Michael J. DiBartolomeis
Mr. Carlos Porras
Ms. Peggy Shepard
Ms. Jane Stahl
Members
Who Were Unable To Attend
Mr. Philip Lewis
Mr. Jess Womack
2.0 REMARKS
Dr. Payton opened the subcommittee meeting by
welcoming the members present, as well as Mr.
Wen and Mr. Martin. Dr. Payton also welcomed the
representatives of various government agencies
present for the meeting and explained that those
individuals would participate in the interagencyforum
on partnerships in public health to be conducted as
part of the meeting of the subcommittee.
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section discusses the activities of the
subcommittee, which included a report from the
subcommittee's Working Group on Community
Environmental Health Assessment on the evaluation
of and recommendations for the decision tree
framework for community-directed environmental
health assessment and a discussion of concerns
expressed during the public comment period of the
NEJACabout environmental justice issues related to
Federal facilities.
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Health and Research Subcommittee
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3.1 Report of the Working Group on Community
Environmental Health Assessment on the
Decision Tree Framework for Community-
Directed Environmental Health Assessment
Dr. Payton stated that the goal of the Decision Tree
Framework for Community-Directed Environmental
Health Assessment is to develop a framework to
provide communities with an approach to identify,
prevent, and solve direct and indirect environmental
problems. She indicated that its structure is a step-
wise framework to assess and prioritize
environmental health concerns and evaluate
possible options and actions. At each step, the user
is referred to a repository to determine available
tools, models, and data for each problem formulation
and assessment strategy, Dr. Payton stated.
Dr. Payton presented the past and present
developmental stages as well as the next steps in
the development of the decision tree framework.
She mentioned that the past activities included the
formulation of the subcommittee's Working Group on
Community Environmental Health Assessment and
a Sample Draft Decision Tree; the present activities
include beginning the actual writing with close
emphasis on its language, content, and complexity,
as well as to incorporate the working group's
recommendations and advice.
She further stated that the next steps include:
developing a prototype for community trials,
identifying community and government resources;
linking with local, state, federal, tribal, and regional
resources, universities, and health departments;
promoting the productto community users; providing
technical assistance to communities in
implementation of tool; evaluating the tool by both
the users and the agencies; and building mechanism
that provide feedback to government agencies
regarding research and data gaps, needs and
prioritization.
Continuing, Dr. Payton, emphasized the key
outcomes of the Decision Tree Framework:
• Empower communities for effective leadership.
• Strengthen linkages between agencies
(environmental and public health) and affected
communities.
• Identify deficiencies in the existing repository.
• Guide subsequent research and related work.
Mr. Carlos Porras, Communities for a Better
Environment, presented the report of the Working
Group on Community Environmental Health
Assessment on that group's evaluation of the
decision tree framework. Mr. Porras explained that
the working group had met to assess the structure,
content, and language of the decision tree
framework and to discuss the next steps in the
development of the decision tree framework.
Mr. Porras listed the crucial issues that the working
group had identified and discussed during its
evaluation of the decision tree framework. Those
issues, he reported, had included:
• The Health and Research Subcommittee and
Working Group on Community Environmental
Health Assessment should maintain direct
control of the development and design of the
decision tree framework.
• Once completed, the decision tree framework
should be made accessible to all communities.
• The decision tree framework should be provided
to communities both as hard copy and in
electronic format.
• The draft design and language of the decision
tree framework in its present form are too
complex and technical for communities to use
easily.
• The appropriate applications and limitations of
the decision tree framework must be
communicated effectively to users of the
framework. The target audience also must be
identified more clearly.
• The level of resources available for the design
and development of the decision tree framework
should be determined.
• A plan for "piloting" the decision tree framework
should be specified explicitly during the
development of the framework.
Continuing, Mr. Porras stated that the working group
had made the following recommendations to the
Health and Research Subcommittee for the next
phase of development of the decision tree
framework.
• The Health and Research Subcommittee should
establish a time line for the development and
completion of the decision tree framework.
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National Environmental Justice Advisory Council
Health and Research Subcommittee
• The Health and Research Subcommittee should
identify and secure from EPA the resources
necessary for the future development of the
decision tree framework. Further, the
subcommittee should develop and recommend
a budget for the development of the decision
tree framework.
• The Health and Research Subcommittee should
invite representatives of communities and of
agencies other than EPA to become involved in
the development of the decision tree framework.
• The Health and Research Subcommittee should
evaluate the level of language used in the
decision tree framework to ensure that it is
community-friendly and appropriately revise the
language presented in the draft version of the
decision tree framework.
• The Health and Research Subcommittee should
develop a strategic plan for "piloting" the
decision tree framework.
• The Health and Research Subcommittee should
recommend that EPA support the decision tree
framework as a priority issue.
• The Health and Research Subcommittee should
recommend that EPA extend the terms of Dr.
Payton and Mr. Porras and the term of the
working group to ensure continuity in the
development of the decision tree framework.
Members of the subcommittee agreed to prepare for
consideration by the Executive Council of the NEJAC
a proposed resolution to make recommendations to
EPA for the future development of the decision tree
framework as a priority for EPA.
A member of the audience requested that the
decision tree framework be culturally sensitive. She
cautioned that cultural sensitivity should be
incorporated into the framework, inclusive of all
cultural differences, before introducing the
framework to communities. Dr. Payton assured the
participant that the development of the prototype of
the framework had taken cultural differences into
consideration.
3.2 Discussion of Federal Facilities
In light of comments submitted to the Executive
Council of the NEJAC about Federal facilities, the
members of the subcommittee agreed to establish a
work group on Federal facilities. The members of
the subcommittee agreed to invite members of other
subcommittees of the NEJAC; representatives of
communities that have environmental justice
concerns related to Federal facilities; representatives
of EPA Federal Facilities Enforcement Office
(FFEO); and ATSDR's Office of Federal Facilities to
participate in the work group.
The members of the subcommittee also agreed to
develop separate resolutions to recommend that
EPA (1) include criteria in permitting processes to
protect communities struggling with comparatively
poor health from the further burden of additional
facilities that release pollutants and (2) establish an
effective national facility registration system for all
operating facilities that emit toxic chemicals and
make information about such facilities both
accessible and understandable to the public. The
subcommittee also resolved to recommend that the
next meeting of the NEJAC be focused on issues
related to environmental justice concerns at Federal
facilities.
4.0 INTERAGENCY FORUM ON
PARTNERSHIPS IN PUBLIC HEALTH
This section summarizes the discussions conducted
during the interagency forum, "Healthcare:
Establishing Partnerships with Minorities, Tribal, and
Low-Income Communities," held to explore the
establishment of partnerships between government
agencies and communities to address public health
issues. During the discussions, the members of the
subcommittee and representatives of government
agencies examined the role of each agency in
addressing public health issues; research needs; a
strategic plan to consider the next steps in making
public health a priority of government agencies;
community-based health assessment; and pollution
prevention and intervention in minority and low-
income communities. Exhibit 5-2 presents a list of
agency representatives who participated in the
forum.
Dr. William Sanders, Director, Office of Pollution
Prevention and Toxics (OPPT), EPA OPPTS, began
the interagency forum by sharing some observations
that he had made during the panel sessions
presented at the meeting of the Executive Council of
the NEJAC on May 24,2000. He made the following
points:
• In general, government agencies make an effort
to fit public health problems into the existing
scientific structure, rather than structure the
science to address public health issues.
• Agencies must manage public expectations
better.
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Exhibit 5-2
AGENCY REPRESENTATIVES WHO
PARTICIPATED IN THE INTERAGENCY
FORUM ON PUBLIC HEALTH
Dr. Henry Falk, Agency for Toxic Substances and
Disease Registry (ATSDR)
Mr. Francisco Tomei, ATSDR
Dr. Ruben Warren, ATSDR
Ms. Rebecca Lee-Pethel, Center for Disease Control
and Prevention
Mr. Richard Gragg, Florida A & M University
Dr. Jeanean Willis, Health Resources and Services
Administration
Dr. John Kemer, National Cancer Institute
Dr. Charles Wells, National Institute of Health
Dr. William Sanders, U.S. Environmental Protection
Agency (EPA) Office of Pollution Prevention
and Toxic Substances
Dr. Harold Zenick, EPA Office of Research and
Development
• Government moves too slowly. Agencies must
improve the conditions that affect public health,
rather than merely studying those conditions. If
government remains content with the status quo,
such as random samples, court challenges, and
peer reviews; much time will pass before there
is improvement in public health.
• In addition to research, government agencies
should focus their activities on action. For
example, regulatory agencies must look beyond
compliance and work with representatives to
encourage industry to be cleaner within
operations. He noted as an example OPPT's
voluntary cleanup program.
Mr. Charles Lee, Associate Director for Policy and
Interagency Liaison, Office of Environmental Justice
(OEJ), EPA Office of Enforcement and Compliance
Assurance (OECA), agreed with Dr. Sanders'
observations, stating that some concrete
recommendations related to public health had been
made during the panel sessions. Mr. Lee also stated
that he would like the members of the Health and
Research Subcommittee to address the comments
and recommendations made by the panelists to
develop solutions to address issues related to public
health and environmental justice. He also urged the
members of the subcommittee to identify possible
solutions to such questions as, "If existing science
does not fit' the problem and government moves too
slow, then how can the NEJAC affect change related
to environmental health issues?"
Dr. John Kerner, Assistant Deputy Director, National
Cancer Institute (NCI), National Institutes of Health
(NIH), encouraged the participants to visit NCI's
Internet homepage to view that agency's priority list
related to environmental justice. He stated that NCI
would welcome comments about how environmental
issues and disparities in health conditions are
related.
Continuing, Dr. Kerner agreed with Dr. Sanders that
agencies should determine how to best apply
scientific methods to environmental justice
situations. He added that government agency
scientists should visit and work directly with
communities. He commented that there are more
communities than there are people working in the
agencies. Therefore, he said, agencies must work
together to develop effective systems for addressing
various public health issues. Such systems, he said,
then could become "models" for implementation in
other communities. Dr. Kerner suggested that
agencies form what he called a "collaborative SWAT
team" for evaluating deficiencies in current agency
programs; give priority to environmental justice
communities and the issues those communities
face; and develop appropriate public health systems.
Dr. Kerner also suggested the development of a data
base of environmental justice communities and their
public health problems. Such a tool, he observed,
would help the agencies to set priorities among
public health issues, as appropriate to their roles in
government.
Dr. Harold Zenick, Acting Deputy Assistant
Administrator for Science, EPA ORD, explained that
ORD primarily serves regulatory and program offices
at EPA. However, he continued, ORD could address
public health care issues by (1) providing funding to
communities through its competitive request for
application (RFA) process for public health research
(recent efforts in this area have included co-
sponsoring community-based RFAs with the
National Institute of Environmental Health Sciences
[NIEHS]); (2) exploring public health issues that
plague a number of communities and creating
opportunities in some of those communities to
conduct research; and (3) providing expertise and
recommendations to regulatory offices that work
directly with communities. He also added that the
subcommittee should understand that the Agency
uses available tools to meet research needs.
Ms. Rose Augustine, Tusconans for a Clean
Environment, stated that she was encouraged to
hear that the agencies agree that scientists should
work directly with communities, commenting that
local health departments are "dinosaurs" that do not
have the resources or expertise necessary to
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National Environmental Justice Advisory Council
Health and Research Subcommittee
address extensive public health issues. She added
that Federal agencies seem to "walk away" when a
public health problem is identified in a community,
referring the community to its local health
department. Ms. Augustine stressed that
communities need increased resources and
assistance after a public health problem is identified.
Dr. Henry Falk, Assistant Administrator, ATSDR,
acknowledged Ms. Augustine's comments, adding
that ATSDR could serve as a bridge between local
health departments and Federal agencies. He also
commented that ATSDR provides funds to state
health departments to address environmental health
issues. Continuing, he stated that EPA probably
would never have the financial resources to add a
large number of physicians and epidemiologists to its
staff, and must rely heavily on state and local health
departments. Referring.to Dr. Kernels suggestion
that an interagency SWAT team be formed to tackle
the public health crisis, Dr. Falk stressed that any
interagency collaboration should be designed to be
sustainable. He also suggested that the types of
partnerships developed between agencies be
broadened to include issues beyond physical health
(for example, education), stating that medicine "can
only go so far." Dr. Michael DiBartolomeis, California
Office of Environmental Health Hazard Assessment,
added that the issue of prevention also should be
included.
Dr. Kerner agreed that a strategic plan for
interagency partnerships would be useless if
financial resources were not available to fund and
sustain the plan. He noted that community-based
research is one of. the most difficult areas of
research to formulate, secure funds for, and submit
for peer review. Dr. Kerner stated that Federal
agencies must take the lead in changing that
system. He also suggested that agencies
encourage and facilitate better partnerships between
university health care institutions and communities.
Responding to Dr. Kerner's statements, Mr. Richard
Gragg, Environmental Sciences Institute, Florida
A&M University, said that many communities distrust
both local and Federal government agencies. He
suggested that university systems often can play an
intermediary role between communities and
government agencies and can facilitate the
implementation of agency programs. He also stated
that universities can play the role of educator for
communities, as well as for students.
Dr. Jeanean Willis, Health Resources and Services
Administration (HRSA), Office of Minority Health,
commented that ATSDR and HRSA have training
partnerships with medical universities to train primary
health-care providers to recognize the symptoms of
environmental health hazards.
Ms. Augustine suggested that HRSA add
environmental justice issues to its "formula" for
funding health clinics, adding that health clinics
should provide services to support emotional and
mental health, as well as physical health. Ms.
Augustine also suggested that partnerships can be
established between agencies and public school
districts, stating that schools could serve as great
resources in documenting illnesses and symptoms
for a needs assessment.
Dr. Charles Wells, Director of Environmental Health
Sciences, NIEHS, NIH, stated that NIEHS had been
sponsoring community-based grants for partnerships
between communities and academic institutions.
However, he added, more grants focused on health
care are needed.
Mr. Lee pointed out that many researchers are
directed to isolate and research one aspect of a
health problem in a community. He asked how
agency programs can be structured to assess
community health needs more holistically.
Ms. Peggy Shepard, West Harlem Environmental
Action, commented that prevention is enforcement
and that most environmental justice issues are
enforcement issues or issues related to Title VI of
the Civil Rights Act of 1964. She asked why the
Federal government did not mandate that state
governments perform community health
assessments and form community partnerships,
adding that public hearings should be a part of such
a process. Continuing, Ms. Shepard asked why a
definite protocol for responding to environmental
justice communities that struggle with public health
issues had not been established. Ending her
remarks, Ms. Shepard suggested that Federal
agencies use partnerships to leverage resources for
local governments. For example, she added, the
U.S. Department of Housing and Urban
Development (HUD) could be a key partner in urban
settings, where maintenance of housing is a major
issue.
Dr. Zenick suggested that the U.S. Department of
Health and Human Services (HHS) could add a
provision to its center grants program that requires
that projects funded by the grants include a
community dimension.
Dr. Kerner responded that he believed that
communities, not Federal agencies, should perform
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community health needs assessments. Once a
community has performed an assessment, he
continued, local and Federal agencies should assist
the community in meeting its health needs.
Referring to Ms. Shepard's statement identifying the
need for a protocol for responding to communities,
Dr. Kemer stated that risk assessment is the only
current, standard model. However, he stated, the
protocol for risk assessment should be revised to
include economic disparities, social problems, and
other factors that also contribute to community
health risks, both current and potential.
Dr. Falk suggested that recommendations be
categorized in four levels so that the
recommendations can be managed and a strategic
plan developed. The levels of recommendations
included recommendations at (1) the community
level, (2) the level of state and local governments,
(3) the Federal level, and (4) the systemic level. Dr.
Falk suggested that recommendations or
suggestions for involving universities be combined
with recommendations at the community level.
After a brief break in the proceedings, Dr. Payton
suggested that the members of the subcommittee
and representatives of the agencies focus the rest of
their discussion on identifying specific areas of
research that should be pursued to improve
community-based research programs. She asked
that each agency representative comment on the
agency's research priorities.
Dr. Falk stated that ATSDR focuses its research and
efforts on improving the following systems: .
• The ability to document exposures to humans.
• The availability of documented information to
communities and other entities so that ATSDR
can serve as a clearinghouse for information
related to diseases and the environment.
• Methods of working with local medical
professionals to collect local health data
effectively.
Dr. Sanders said that OPPT's priority is pollution
prevention. Referring to the phrase "I'm sick and
tired of being sick and tired," Dr. Sanders noted that
action rather than research is OPPT's first priority.
He said that OPPT was to focus on developing
methods of working with industry to remedy
conditions that are making people sick, for example,
through source reduction and pollution prevention.
Dr. Zenick first stated that ORD was exploring ways
to organize, inventory, and disseminate information
to the public, rather than focusing only on research.
However, he said, ORD had focused on the following
research areas: (1) developing an interagency,
human exposure program to characterize the types
of chemicals to which the country, as a whole, is
exposed; (2) developing a protocol for cumulative
and aggregate risk assessment; and (3) assessing
the types of environmental exposures that affect
children and how children's health is affected. Dr.
Zenick added that the challenge that faces ORD is to
"think multimedia" and cultivate a multimedia
approach when researching sources of
contamination.
Mr. Reuben Warren, ATSDR, stated that
establishing partnerships with communities to
document environmental hazards and developing
better methods for collecting data from communities
would help to identify areas of need and improve
methods of providing health care.
Dr. Wells stated that priority areas for NIEHS are (1)
designing programs that are more quantitative than
those pursued in the past; (2) working to increase
the awareness, empowerment, and research
capabilities of communities by working with and
training university scientists and medical doctors; (3)
communicating the value of such research to
academia so that university officials will support that
research and those programs; and (4) identifying
sources of funds available to communities for
disease prevention and awareness.
Mr. Francisco Tomei-Torres, ATSDR, commented
that Federal agencies are involved in many activities
and services focused on public health, but that
agencies should work together to build a unified
system for meeting the needs of the community.
The members of the subcommittee and the agency
representatives then discussed at length a resolution
to request that the NEJAC establish an Interagency
Working Group on Public Health to be made up of
members of the subcommittee and representatives
who had participated in the interagency forum. Ms.
Augustine moved that the members of the
subcommittee formulate a work group. Mr.
Lawrence Dark, Columbia Williamette Area Health
Education Center, seconded the motion.
5.0 RESOLUTIONS AND SIGNIFICANT
ACTION ITEMS
This section summarizes the resolutions forwarded
to the Executive Council of the NEJAC for
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consideration, as well as significant action items
adopted by the Health and Research Subcommittee.
The members agreed to forward to the Executive
Council of the NEJAC the following resolutions, in
which the NEJAC requests that EPA:
• Create a work group to address issues related to
environmental justice at Federal facilities.
• Support the Decision Tree Framework as a
priority issue and extend the terms of the
Working Group on Community Environmental
Health Assessment.
The members also adopted the following significant
action items:
«/" Establish an Interagency Working Group on
Public Health, which will include members of the
Health and Research Subcommittee of the
NEJAC and representatives of Federal agencies
and medical universities, to develop a strategic
plan for implementing an integrated,
collaborative, community-based public health
agenda.
»^ Develop a resolution that recommends that the
next meeting of the NEJAC focus on issues of
environmental justice related to Federal
facilities. In addition, the resolution
recommends EPA prepare and submit for
signature by President Clinton an Executive
Order that requires that all Federal agencies
ensure compliance with EPA or state standards,
whichever are more stringent, governing site
remediation and pollution control and abatement
at all Federal facilities, active or inactive, and to
further authorize EPA to monitor and enforce the
compliance by Federal agencies with all
environmental laws and standards.
«/"
Adopt recommendations from the Working
Group on Community Environmental Health
Assessment. The recommendations include (1 )
proposing a resolution to the NEJAC that
recommends that EPA support the Decision
Tree Framework as a priority issue and (2)
extending the terms of the members of the
workgroup and the chair of the subcommittee to
maintain continuity in the development of the
Decision Tree Framework.
Establish a working group on Federal facilities.
The members of the subcommittee agreed to
invite members of other subcommittees of the
NEJAC, representatives of the environmental
justice community, and representatives of EPA
FFEO and ATSDR's Office of Federal Facilities
to participate in the work group.
Develop a resolution that recommends that EPA
include criteria in permitting processes that
protect communities struggling with
comparatively poor health from the further
burden of additional facilities that release
pollutants.
Develop a resolution that recommends that EPA
establish an effective national registration
system for all operating facilities that emit toxic
chemicals and make information about such
facilities both accessible and understandable to
the public.
Develop a resolution that recommends that EPA
support the formation of a NEJAC working group
on the Mossville dioxin exposure assessment
study.
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MEETING SUMMARY
of the
INDIGENOUS PEOPLES SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 25, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
Daniel Gogal
Designated Federal Official
Office of Environmental Justice
U.S. Environmental Protection Agency
Robert Smith
Alternate Designated Federal Official
American Indian Environmental Office
U.S. Environmental Protection Agency
Tom Goldtooth
Chair
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CHAPTER SIX
MEETING OF THE
INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION
The Indigenous Peoples Subcommittee of the
National Environmental Justice Advisory Council
(NEJ AC) conducted a one-day meeting on Thursday,
May 25, 2000, during a four-day meeting of the
NEJAC in Atlanta, Georgia. Mr. Tom Goldtooth,
Indigenous Environmental Network (IEN), continues
to serve as chair of the subcommittee. Mr. Daniel
Gogal, U.S. Environmental Protection Agency (EPA),
Office of Environmental Justice (OEJ), Office of
Enforcement and Compliance Assurance (OECA),
continues to serve as the Designated Federal Official
(DFO) for the subcommittee, and Mr. Robert Smith,
EPA American Indian Environmental Office (AIEO),
serves as the newly appointed alternate DFO.
Exhibit 6-1 presents a list of the members who
attended the meeting.
This chapter, which provides a summary of the
deliberations of the Indigenous Peoples
Subcommittee, is organized in six sections, including
this Introduction. Section 2.0, Remarks, summarizes
the opening remarks of the chair and the DFO.
Section 3.0, Discussions of the Subcommittee
Related to Environmental Health, summarizes both
the discussions between members of the
subcommittee and technical advisors from Federal
agencies involved in the protection of environmental
health in Indian country and the discussions among
the members about the specific problem of
persistent organic pollutants (POP) and persistent
bioaccumulative toxins (PBT) that affect
environmental health in Indian country. Section 4.0,
Presentations and Reports presents an overview of
each presentation and report received by the
subcommittee, as well as summaries of the
questions and comments the presentations and
reports prompted among the members of the
subcommittee. Section 5.0, Recommendations on
Environmental Research Needs in Indian Country,
presents recommendations of the subcommittee on
environmental health in Indian country. Section 6.0,
Resolution and Significant Action Items, summarizes
the resolution forwarded to the Executive Council of
the NEJAC for consideration and the significant
action items adopted by the subcommittee.
Exhibit 6-1
INDIGENOUS PEOPLES SUBCOMMITTEE
Members
Who Attended the Meeting
May 25,2000
Mr. Tom Goldtooth, Chair
Ms. Jennifer Hill-Kelley, Vice-Chair
Mr. Daniel Gogal, DFO
Mr. Robert Smith, Alternate DFO
Mr. Brad Hamilton
Ms. Sarah James
Mr. Charles Miller
Mr. Dean Suagee
Mr. Moses Squeochs
Ms. Jana Walker
2.0 REMARKS
Mr. Goldtooth opened the subcommittee meeting by
welcoming the members present and Mr. Gogal and
Mr. Smith. After making administrative remarks, he
asked Mr. Gogal to review the guidelines of the
NEJAC to remind the members and observers of the
protocol to be followed. Mr. Gogal stated that the
meeting was conducted for the members of the
Indigenous Peoples Subcommittee and that the
comments of observers, rather than open
discussion, would be welcome.
3.0 DISCUSSIONS OF THE SUBCOMMITTEE
RELATED TO ENVIRONMENTAL HEALTH
This section summarizes the discussions between
members of the subcommittee and technical
advisors from Federal agencies involved in the
protection of environmental health in Indian country
and the discussions among the members about the
specific problem of POPs and PBTs that affect
environmental health in Indian country. (Section 3.2
provides a definition of POPs.)
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3.1 Presentations Environmental Health and
Research in Indian Country
Mr. Michael Rathsam, Senior Environmental Health
Officer, Division of Environmental Health Services,
Indian Health Service (IHS), U.S. Department of
Health and Human Services (HHS) discussed the
role of IHS in ensuring environmental health in Indian
country, and stated that IHS is responsible for
assisting tribes in health matters. Mr. Rathsam
described how IHS solicits by letter the views of
tribes about health issues the tribes wish to be given
priority. He noted that it seems tribes have only that
single opportunity to identify their priorities. To
remedy that problem, he suggested, a representative
of IHS's Environmental Health Office should be
present during the health priority assessment for
each tribe. Mr. Dean Suagee, First Nations
Environmental Law Program, Vermont Law School,
observed that the process as Mr. Rathsam
described seems haphazard, noting a need for
increased interaction among the agencies involved.
According to Mr. Rathsam, the responsibility and
resources for the protection of tribal environmental
health are distributed among a number of Federal
agencies. Projects address specific problem areas
rather than overall problems in a community, he
said. As a broad example, Mr. Rathsam described
problems related to sanitation systems and their
maintenance. Development of such systems is
provided under a different funding mechanism from
that which funds training in the maintenance of the
systems. A lack of coordination between the
government agencies, therefore, can result in the
development of a sanitation system that a tribe is
unable to maintain properly, he pointed out. In
response, Mr. Suagee commented that progress is
being made in implementing the basic policy of tribal
self-sufficiency.
Mr. Smith asked how IHS coordinates with other
government agencies in the development of tribal
solid waste and water programs. Mr. Rathsam
responded that he does not address those issues.
Ms. Jennifer Hill-Kelley, Environmental Quality
Director, Environmental Health and Safety Program,
Oneida Nation, then explained that agencies do not
get involved unless a specific issue related to
developmentfalls undertheir respective jurisdictions.
Mr. Goldtooth commented that Mr. Smith's question
was important, especially with respect to the
interagency memorandum of understanding, and
suggested that the question be flagged for Mr. Gogal
to address.
Ms. Hill-Kelley asked from what sources IHS gathers
the data necessary to track environmental health in
Indian country. Mr. Rathsam explained that
obtaining accurate data is a special problem
because many individuals among the Indian
population are born and raised on the reservation,
but move off the reservation in adulthood.
Therefore, cradle-to-grave health data in Indian
country is often skewed, he pointed out. A program
called Epicenter, based in Portland, Oregon, he
commented, is trying to fill the data gaps by working
with hospitals to collect health data on American
Indians that no longer live on reservations. Further,
the data is usually three years old before IHS obtains
it. IHS, therefore, is working with local communities
to gather data on their own respective populations,
he continued.
Ms. Daphne Moffet, Agency for Toxic Substances
and Disease Registry (ATSDR), inquired about the
administrative level within IHS at which Mr. Rathsam
works. Mr. Rathsam responded that he works at the
district level, and that his position combines general
administrative responsibilities with services to
community populations.
Mr. Paul Matthai, Environmental Protection
Specialist, EPA Pollution Prevention Division, Office
of Prevention, Pesticides, and Toxic Substances
(OPPTS), discussed the authority to protect
environmental health under various environmental
laws. Mr. Matthai explained that each act of
Congress grants specific authority to address
specific matters of environmental health. For
example, the Toxic Substances Control Act (TSCA)
provides the authority to regulate a toxic chemical in
commerce, but not in a specific product, he
explained. The problem of regulatory authority is
compounded further because authority in areas
under tribal jurisdiction is unclear.
Mr. Matthai also discussed EPA's agency-wide PBT
Chemicals Initiative. He explained that EPA is
developing a new approach to reduce risks from and
exposures to priority PBT chemicals through
increased coordination among EPA's national and
regional programs.
The PBT Initiative, Mr. Matthai continued, had been
established to overcome the remaining challenges in
addressing priority PBT pollutants. He then informed
the members of the subcommittee that EPA is
committing, through this program, to create a cross-
office system that will address cross-media issues
related to priority PBT pollutants. Mr. Matthai then
highlighted several of the goals of the PBT Initiative:
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• Prevent new PBT chemicals from entering
commerce.
• Identify and reduce risks to human health and
the environment from current and future
exposures to priority PBT pollutants.
• Stop the transfer of PBT pollutants across
environmental media.
The initiative, Mr. Matthai also explained, will provide
staff of EPA to the World Health Organization for the
global phase out of dichlorodiphenyltrichloroethane
(DDT) and will add PBTs to the Toxic Release
Inventory (TRI) data base and lower reporting
thresholds.
Continuing the discussion on environmental health in
Indian country, Ms. Moffet then discussed four
specific environmental health concerns in Indian
country from the perspective of ATSDR: (1)
interpretation of authority delegated by Congress; (2)
research needs and the state of environmental
health; (3) programs in Alaska and Hawaii; (4) and
interagency agreements between IHS and the
Center for Disease Control and Prevention (CDCP).
She explained that ATSDR has responded to
research needs in Indian country by organizing
information in a central website data base to provide
a research base. Currently, there are no
environmental health programs in Hawaii; for native
populations, she said, and the only native health care
programs in Alaska are associated with formerly
used defense sites (FUDS). Finally, she said, IHS
and CDCP have an interagency agreement, noting
that Mr. Tom Crow,. Chief Environmental Health
Services Branch, IHS, is the point of contact.
Mr. Moses Squeochs, Confederated Tribes and
Bands of Yakama Nation, then asked for the specific
charge of authorityforagencies with regard to tribes.
He stated that ATSDR becomes involved in issues
related to the provisions of the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA). However, he asked, what is
the full line of authority to act on behalf of the over
560 tribes and tribal variations recognized by the
Federal government. Mr. Squeochs stated that he
can cite the responsibilities of all the agencies but
not the full authority of any agency to fulfill such
responsibilities.
Mr. Goldtooth stated that, in general, native people
living in communities report high cancer rates.
However, he continued, tribal people bear the
burden of proof with regard to environmental health
problems and the people become frustrated because
they do not have the resources to gather data. Mr.
Rathsam responded that the mission of IHS is to
extend life as long as possible, noting as well that
there is a question of what indicators of health
should be used in assessment of effects on tribal
communities. Ms. Jana Walker, Law Office of Jana
L. Walker, then asked whether statistics are
available at the community level. Mr. Rathsam said
neither names nor individual case data are available;
however, statistics on communities are available, he
added.
Mr. Dean Seneca, Health Program Specialist,
CDCP, discussed environmental health from the
perspective of the CDCP. Mr. Seneca suggested
that the CDCP should empower tribal communities
to facilitate the protection of environmental health.
He said he would like all Federal agencies involved
to identify to the public the problems they have
dealing with environmental health in Indian country.
Further, he would like to see tribal communities
define the specific environmental health problems
they wish to have addressed. He then said many
people are not trained to deal with interactions
between tribal communities and Federal agencies.
He suggested that tribal communities and Federal
agencies should hold community meetings to
develop consultation practices and to work together
to define research needs. Continuing, Mr. Seneca
stated his belief that it is of utmost importance that
tribes monitor their own environment, reforesting,
and acculturation. Federal agencies, he said, should
work harder to fulfil their obligations in the area of
environmental health. He described Alaskan tribal
programs as successful examples that should be
replicated in the lower 48 states. Last, Mr. Seneca
declared that all environmental health data should be
shared with tribes, data collection should be
executed by the tribes, and health research should
be authorized by tribes before such research begins.
Mr, Goldtooth expressed agreement with Mr.
Seneca's view that it is beneficial when researchers
work with tribes before working with Federal
agencies.
Ms. Sarah James, Council of Athabascan Tribal
Government, responded to a portion of Mr. Seneca's
remarks by describing her experience in collecting
community health data. Ms. James said that tribal
people are not credited for their research. Often,
she said, tribal members collect data and perform
data coding for agencies, but the agencies receive
credit forthe research effort. Funding then is allotted
to the agency credited with the research rather than
the tribe that performed the research effort, she said.
She added that she would like to know who reviews
the work and delegates the money.
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In response, Mr. Rathsam asked, "What is
environmental health?" IHS attempts to be
comprehensive in identification and anticipation of
deficiencies in its services that could be detrimental
to environmental health, he said. However, he
pointed out that IHS has a limited budget, and, as a
result, the available expertise is underused. He
suggested that agencies concentrate on
sustainability and develop a protocol for health
assessment in Indian country. Mr. Squeochs
commented that providing funds is a trust
responsibility of the Federal government and that
IHS should push the trust responsibility in its
requests for funds.
Mr. Roy Miller, Program Manager, Uniformed
Services University of Health Sciences, U.S.
Department of Defense (DoD), discussed the
environmental health policy study that IHS conducted
which confirmed a desirability and opportunities for
greater collaboration among Federal agencies on
environmental health assistance to tribes. Mr. Miller
explained that he worked with Mr. Crow to define the
policy and prioritize a program to provide this
assistance to tribes. He stated that environmental
health is a very broad subject. In sum, he said,
environmental health is anything that affects human
health. Responsibility for environmental health is
distributed among a number of agencies, he
continued, and each agency has policy priorities in
allocating resources. Focusing resources solely
within an agency leaves gaps in the broad IHS
program, rendering some projects unsustainable, he
said. First and foremost, therefore, IHS must
facilitate relationships between government agencies
that will facilitate the focusing of resources on
sustainable environmental health, he said.
Currently, there is no comprehensive program that
covers environmental health, said Mr. Miller. He
suggested that agencies adopt common standards
and criteria. He also suggested that all agencies
evaluate their respective policies. Policy, he said, is
the sum of an agency's actions, rather than what is
written on paper. Continuing, he stated that
agencies must come to collaborative agreements to
facilitate a comprehensive Indian environmental
health program. He suggested that all the agencies
come together at a summit meeting to create such a
program.
In conclusion, Mr. Miller informed the members of
the subcommittee of the Federal Interagency
Environmental Justice Pilot 2000 Proposal. He
described the proposal as a postgraduate training
program for American Indians, Alaska natives, and
other minorities to gain practical experience with a
number of agencies. The purpose of the program is
to afford selected individuals the opportunity to learn
the processes of various organizations and to
facilitate relationships, said Mr. Miller. Mr. Goldtooth
suggested that the project should be open to all
minorities.
3.2 Presentation on Persistent Organic
Pollutants and Persistent Bioaccumulative
Toxins
Dr. Sterling Gologergen, POPs Organizerfor Alaska,
Alaska Community Action on Toxics, IEN, began
discussions of the effects of POPs on Arctic and
Alaska Native communities that pursue a
subsistence lifestyle. Exhibit 6-2 provides a
description of POPs. POPs bioaccumulate in the
Arctic and Alaska, she said. The environmental
Exhibit 6-2
PERSISTENT ORGANIC POLLUTANTS
Persistent organic pollutants (POP) are highly stable
chemicals used as pesticides. POPs also are
generated unintentionally as byproducts of
combustion and industrial processes. In addition,
POPs chemicals are toxic, usually persistent, and are
capable of being transported long distances through
the environment, where they bioaccumulate in fatty
tissue and can pose risks to humans and wildlife.
Levels of these pollutants are particularly high in
human and wildlife populations that reside in the
Arctic.
health effects are compounded in Alaska and the
'Arctic because native peoples and tribes subsist
upon land and sea resources that are contaminated
with POPs. In particular, she said, an island off the
coast of Alaska, on which Dr. Gologergen and her
people live and depend for subsistence, is at risk of
POP bioaccumulation resulting from contamination
at a former military site. She cited the example of
the whaling industry's effect on her island as a
precursor to today's problem. Since the advent of
the whaling industry in the vicinity of her island, the
whale population has decreased from 16,000 to
fewer than 1,500, she explained. In her community,
she continued, the whaling season during spring
time is the time of acculturation and value-learning
passed from the old to the young. The loss of the
whales inhibits the continued cultural practice, yet
the state of Alaska shows no sympathy for their tribal
interest. Similarly, it appears that the Federal
government has done no research on the effects of
POPs on native peoples during the 50 years the
army base has been unused. Dr. Gologergen
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explained that hertribe does not have the knowledge
or the capacity to research the environmental health
problem. Her tribe has a great fear of the invisible
and odorless POPs, she said, and has been working
with the Alaskan Native Tribal Leadership
Organization to resolve the problem. However, after
50 years, the community should not find itself still
begging for help.
Mr. Goldtooth then mentioned the unreleased Draft
Dioxin Assessment Report prepared by EPA.
Although most tribal leaders do not have enough
information about the subject, dioxin is a major
issue, said Mr. Goldtooth. He then mentioned the
crucial issue of the elimination of dioxin in the
negotiation of the Global Treaty Against POPs,
which calls for reduction and elimination of POPs,
during his introduction of Dr. Pat Costner, Senior
Scientist, GreenPeace International.
Dr. Costner's presentation included an explanation
of the "grasshopper effect." She explained that the
"grasshopper effect" refers to the bioaccumulation of
POPs toward cooler climates; when POPs are
released into the environment they migrate, because
of their chemical properties, to cooler climates.
POPs also are poorly soluble and accumulate in the
fat of human and animal tissue, she said. In a
contaminated area, concentrations of POPs in the
water supply can- be almost undetectable, but, as
one measures concentrations upward along the food
web, the concentrations increase, explained Dr.
Costner. For example, she said, concentrations are
25,000 times higher in birds than in water in a
contaminated area. Dioxin levels are five times
higher in farmyard chickens than in industrial chicken
houses. Further, she said, people living at lower
economic levels subsist on wildlife; therefore, they
are much more likely to be affected by contamination
than more well-to-do groups. The human species is
at the top of the food chain, and people living in the
Arctic are at the apex of the grasshopper effect, she
continued.
Dr. Costner identified a short list of POPs first
targeted in the negotiation of the global treaty that
will eliminate the continued production of POPs. She
then asked, "How do they affect us?" She explained
that the incidence of POP contamination peaked in
the 1970s and that breast milk contains the highest
rate of contamination. Contamination suppresses
development and impedes the immune and
reproduction systems. A major problem in defining
the effects of POPs, continued Dr. Costner, is that
there are no uncontaminated populations to be used
in qualifying the health effects on contaminated
populations. She stated that, lexicologically
speaking, there is no greater problem in the
environment than POPs. However, she pointed out,
15 countries, including the United States, are
opposed to the elimination of dioxins under the
global treaty currently being negotiated; the current
global treaty calls for the elimination of
polychlorinated biphenyls (PCB) and
hexabutylchloride only. Dr. Costner stated her belief
that the latest direction taken by the United States
bodes a bleak fate for tribes in the Arctic.
Responding, Mr. Goldtooth stated that the U.S.
Department of State takes its technical lead from
EPA and that ratification of the current global treaty
would reflect EPA's position on the issue.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Indigenous Peoples
Subcommittee.
4.1 Summary of the Videotape "The Forgotten
America - Alaska's Rural Sanitation Problem"
Members of the subcommittee viewed the videotape
'The Forgotten America - Alaska's Rural Sanitation
Problem," which portrayed the current state of
sanitary facilities in many Alaskan villages, many of
which lack such facilities. Fifty percent of all villagers
take water from a public source and bathe in a
community bath house. The Chevak villagers collect
human waste in buckets and carry the waste to an
open-air public lagoon, where it is dumped.
Fourteen percent of villages use a system by which
a f ou r-wheel all-terrain vehicle (ATV) hauls the waste
to a public lagoon. In both systems, the waste is
carried in open-air containers through the community
and often spills on community grounds. The public
water source is often contaminated by human waste
left untreated in the waste lagoons.
The Rural Alaskan Sanitation Task Force produced
a Gray Book that set forth 60 recommendations for
long-term solutions to the sanitation problems.
Alaskan villagers are calling for coordinated efforts
from local, state, and Federal governments to
improve current conditions. Currently, the state is
responsible for the design of proper facilities, and
communities are responsible for maintenance of
those facilities. The video depicted the success
story of a village that sustained its sanitation system
through a one-percent sales tax and a small house
fee; however, most villages cannot afford even that
small cost. Communities need subsidies to maintain
their sanitation systems. The cost of treating
epidemics stemming from poor sanitation is more
expensive than that of developing and subsidizing
sanitation systems. The video concludes with the
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question: Is solving the problem worth the cost of
subsidies?
4.2 Presentation on the Proposed Gregory
Canyon Landfill
Mr. Henry Rodriguez, President, Native American
Environmental Protection Coalition, discussed the
proposed Gregory Canyon Landfill to be built directly
over the Pala Indian Reservation's water supply
aquifer in California. Approximately 4,500 Pala
Indians live on the reservation. The landfill would
have a direct effect on Medicine Rock and a
pictograph site used in coming-of-age ceremonies
held sacred by the Pala Indians. Further, he
continued, the Pala Indians fear the landfill could
destroy threatened and endangered species known
to inhabit the area. Mr. Rodriguez stated that EPA
has a responsibility to prevent the construction of the
landfill. In conclusion, Mr. Rodriguez asked for the
help and intervention of the members of the
subcommittee.
Mr. Goldtooth responded that he had informed the
members of the Waste and Facility Siting
Subcommittee of the matter and asked that he be
provided updates as events unfold. Mr. Seneca
asked whether the landfill would be sited on private
or public land; Mr. Rodriguez responded that the site
is private land. Ms. Hill-Kelleysaid a permit must be
obtained from the U.S. Army Corps of Engineers
(USACE) before construction of a landfill on private
land; the project therefore would fall under Federal
jurisdiction, she observed.
4.3 Public Utility . Activities of the . U.S.
Environmental Protection Agency Region 10
in Rural Alaskan Villages
Ms. Jill Nogi, Environmental Protection Specialist,
EPA Region 10, discussed drinking water and
wastewater needs in Alaskan Villages. Under the
1996 amendments to the Safe Drinking Water Act
(SDWA), the state of Alaska is assessing
approximately 1,700 public water systems and then
will provide that information to the public about
contaminants that may threaten the drinking water
supply, she reported. However, the state is
assessing only Class A and Class B sources; Native
Villages are not included, she said. Further, the
provisions of SDWA are applicable only to
hydrogeologic or man-made public water supplies
used by more than 25 people. The program review
began as a vulnerability study that revealed a large
data gap and lack of consistent sources, continued
Ms. Nogi. The problem is now becoming a right-to-
know issue because the quality of the water is
unknown. Ms. Nogi stated that she had begun
gathering data from surveys in pilot villages,
including Eek in southern Alaska, Shishmaref on a
barrier island, and Tanana in interior Alaska. The
objective of her research, said Ms. Nogi, is to
develop a statewide survey representative of all
Native populations and to empower villages to make
educated decisions about the development of public
utilities. She added that the next phase of her
research is to hold community workshops and
develop educational materials.
Ms. James expressed agreement that explaining
scientific messages to tribal people is difficult. She
said the difficulty lies in the failure of non-tribal
government workers to understand traditional tribal
ways. Ideally, she added, villagers should be trained
to do the research in the spirit of self-determination.
Mr. Seneca said he had visited Shishmaref; he then
asked about the Agency's suggestions for
remediation. Ms. Nogi replied that EPA is not yet
ready to make suggestions. She added that the only
solution now available is to close contaminated water
sources. Mr. Seneca replied that villagers need
water sources for many uses beyond drinking water.
Closing contaminated water sources, he added, is a
"temporary fix" from the perspective of the CDCP.
He then asked for recommendations for a
permanent solution. Again, Ms. Nogi responded that
the EPA currently does not have recommendations.
However, she said, from the perspective of EPA, the
safest solution would be to build public water
supplies and sanitary systems that can be
monitored. She said the difficulty in making
recommendations is that the research she had
discussed is the first study of traditional sources of
water.
4.4 Nuclear Risk Management Native Program —
Radiation Exposure of Shoshone People
Mr. Ian Zabarte, Western Shoshone National
Council, Nevada, Nuclear Risk Management Native
Program, discussed the programs' research on the
effects of exposure to radiation on the Western
Shoshone people. Mr. Zabarte first stated the 1863
treaty between the Western Shoshone and the
United States has been violated by the
establishment of the Nevada Nuclear Test Site. The
U.S. Department of Energy (DOE) conducted a
cultural resource study through which the native
peoples were forced into "cultural triage," declared
Zabarte. Further, he added, the data in the DOE
dose reconstruction study are incomplete. Mr.
Zabarte stated only limited historical data was
available, the data were insufficient, estimated doses
for Native Americans were inaccurate and low, and
the study limited models of lifestyles and pathways.
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Exhibit 6-3 identifies the limitations of the DOE study.
Tribal members had taken researchers hunting to
show them how they used animals for both
subsistence and for cultural artifacts that were not
considered. Researchers appeared culturally
insensitive by considering people to be subjects of
the study, failing to ask permission, and failing to
communicate openly, he charged. He added that
IHS had been informed that no off-site releases had
taken place. Mr. Zabarte stated that he would like
EPA to approach the Western Shoshone National
Council to provide guidance in dealing with nuclear
fallout and to empower and train tribal members in
research methods.
Exhibit 6-3
U.S. DEPARTMENT OF ENERGY NUCLEAR
FALLOUT STUDY DATA GAPS
Limited Historical Data
• Only 111 of the 220 U.S. atmospheric tests from
1951 through 1963 were monitored off-site.
• Complete monitoring data were recorded for only
77 of the events.
• Complete fallout patterns and data time travel of
fallout were recorded for only 55.
• Research on underground tests that leaked
radiation into the atmosphere was not completed.
Insufficient Data
• Direct measurements did not monitor all areas
adequately.
• Estimates were made to compensate for limited
data.
• Estimated doses are comparable only from town
to town.
Limited Models of Lifestyle and Pathway
• The Native American lifestyle was not identified
as it exists.
• A "shepherd lifestyle" was used in place of the
traditional lifestyle.
Mr. Goldtooth asked how many research staff were
working with Mr. Zabarte. Mr. Zabarte responded
that four staff members were involved: two Western
Shoshone and two Western Piaute. Mr. Running
Grass, Environmental Protection Specialist, EPA
Region 9, asked what type of assistance Mr. Zabarte
needs from EPA. Mr. Zabarte asked that a line of
communication be established between EPA and the
Western Shoshone Nation. The two organizations,
he stated, must define the group affected and define
why there is conflict between his culture and the
purposes and operations of the facility. Further, EPA
should communicate with the appropriate authorities
to help the Western Shoshone Nation.
4.5 Effects of Navy Bombing Range on the
Wampanoag Tribe, Nomans Island,
Massachusetts
Ms. Beverly Wright, Chairperson, Wampanoag Tribe
of Gay Head Aquinnah, and Mr. Jeff Day, Ranger,
Natural Resources, Wampanoag Tribe of Gay Head
Aquinnah, discussed the effects on the Wampanoag
Tribe of test bombing by the U.S. Department of
Navy (Navy) at Nomans Island, located in
Weymouth, Massachusetts. Ms. Wright described
the cultural background of the Tribe of Gay Head
Aquinnah and explained that the tribe manages a
500-acre Federally recognized reservation near
Nomans Island. In particular, she described her
people as a fishing tribe who maintain a natural
strand of cranberries integral to their culture. In
conclusion, she stated that her cultural heritage is
tied to Nomans Island.
Mr. Day then explained that the Navy had bombed
Nomans Island during the years from the early
1940s through 1996. He then explained that the
town of Aquinnah has a cancer rate that is 93
percent higher than rates in the rest of the state. He
identified an inadequate environmental assessment
as a major factor causing the health problem
because shellfish had not been tested for residual
contamination levels. Continuing, Mr. Day explained
that the prevailing winds blow directly across the
island to Aquinnah. Further, he pointed to an
inadequate surface clean up of unexploded
ordnance (UXO) left on the island as another major
factor causing the environmental health problem.
Mr. Day said that Federal authorities will not clean
the area because the island is a habitat of
threatened and endangered species. Finally, Mr.
Day claimed the burden is on the tribe to prove that
the island is contaminated.
Mr. Goldtooth asked Mr. Day whether any evidence
existed that the Navy had used depleted uranium
(DU). Mr. Day responded that such evidence does
exist, but the Navy has denied using DU. Mr.
Goldtooth then said that remediation of DU is still the
subject of research; however, he said, there is a
network that maintains health data. Mr. Goldtooth
then said he would contact Mr. Willie Taylor, U.S.
Department of the Interior (DOI), to discuss the
matter. Mr. Day then asked that the members of the
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subcommittee support the resolution the tribe would
submit to the NEJAC. Exhibit 6-4 provides highlights
of the tribe's resolution. Mr. Goldtooth asked that
copies of the resolution be shared and discussed
with members of the other subcommittees.
Exhibit 6-4
HIGHLIGHTS OF THE WAMPANOAG TRIBE
RESOLUTION
The following lists of major requests by the
Wampanoag Tribe of Gay Head Aquinnah:
• Center for Disease Control and Prevention-
supported cancer study.
• Study offish contamination and consumption.
* Nomination of the site under the Comprehensive,
Environmental Response, Compensation, and
Liability Act.
• Enforcement of the Clean Water and Clean Air
acts.
• Protection of historical and cultural resources.
• Public involvement.
5.0 RECOMMENDATIONS ON
ENVIRONMENTAL RESEARCH NEEDS IN
INDIAN COUNTRY
The NEJAC, in its continuing efforts to provide
independent advice to the EPA Administrator on
areas related to environmental justice, focused its
fifteenth meeting on a specific policy issue -
community-based environmental health. For that
effort, members of the Indigenous Peoples
Subcommittee discussed at length
recommendations to EPA on identifying
environmental health research needs in Indian
country. The following list outlines the
recommendations.
Environmental Health Research Needs for
Infrastructure
• Deficiencies are due primarily to the
inadequacies of funding and technical expertise
to design, develop, and implement
environmental health research programs for
Indian country and, therefore, the Federal
government should fund and meet these needs
fully.
• These issues need to be addressed in a
proposed Indian Work Group Roundtable on
Environmental Justice in Indian Country.
• There needs to be a financing mechanism to
fund the infrastructure of the environmental
health research project.
• Support innovative and sustainable technologies
within Indian country (such as, waterless toilets,
solar energy systems, and constructed
wetlands).
• Need to ensure through funding and technical
assistance the appropriate design and operation
of sanitation facilities.
Environmental Health Research and Data Related to
Indian Country
• Involve the tribal community in designing,
planning, and implementing culturally
appropriate environmental health research.
• Ensure that research data is reported back to
the tribal community promptly and in a manner
understandable to the tribal community.
• Incorporate training into each environmental
health research project so that, upon
completion, trained personnel will remain in the
tribal community to continue long term efforts
related to promoting and monitoring the
environmental health of the community
members.
• Preserve confidentiality of the individuals who
contributed to the data, protect the data from
Freedom of Information Act (FOIA) requests to
the greatest extent permitted under Federal law,
and ensure that the tribal community
understands that some data may be made
public.
Identify the benefit of the research to the tribe
before, during, and after the completion of the
environmental health research.
• Ensure that researchers obtain all approvals
from the tribe, or its delegated review board,
before conducting research.
• Conduct an assessment to address and
evaluate the lack of baseline environmental
health data.
• IHS annual data on health status needs to be
made available to each tribe.
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National Environmental Justice Advisory Council
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• IHS needs to retain and store data by each tribe.
Interagency Collaboration and Coordination
• Ensure agency services by IHS; Bureau of
Indian Affairs (BIA); DOI; and EPA are provided
equally and consistently to tribes.
• Federal agencies need to be more proactive in
helping tribes identify resources (financial and
technical) within all Federal agencies to address
their concern or need.
• In consultation with tribes, develop an integrated
Federal interagency, comprehensive, funded
program on environmental health that will
address fully the environmental justice needs in
Indian country.
Training and Education on Environmental Health
• Ensure that EPA staff and management have a
thorough understanding of the unique
governmental structures of the Alaska Native
Tribes, especially those who are working on
Alaska Native issues.
• Mitigate the effects of human exposures to
POPs and PBTs.
6.0 RESOLUTION AND SIGNIFICANT ACTION
ITEMS
This section summarizes the resolution forwarded to
the Executive Council of the NEJAC for
consideration and the significant action items
adopted by the Indigenous Peoples Subcommittee.
The members discussed a resolution in which the
NEJAC recommends to the EPA Administrator that
EPA address environmental justice issues related to
POPs in Indian country.
The members of the subcommittee also adopted the
following action items.
t/' Agreed to coordinate with the Waste and Facility
Siting Subcommittee efforts to respond to the
request of Mr. Rodriguez for intervention by the
NEJAC to prevent the construction of the
proposed Gregory Canyon Landfill.
/ Agreed to develop a resolution addressing the
concerns of the Wampanoag Tribe of Gay Head
Aquinnah related to remediation of
contamination at Norman's Island,
Massachusetts.
y Submitted for the review and comment of all
members of the NEJAC a "revised draft" of the
Indigenous Peoples Subcommittee's guide on
consultation and public participation; comments
are due August 15. A final draft is to be
submitted to the Executive Council for approval
before the December 2000 meeting of the
NEJAC.
i/ Coordinate with the members of the
International Subcommittee arrangements to
convene a round table meeting to discuss tribal
issues along the borders of the United States
with both Mexico and Canada.
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MEETING SUMMARY
of the
INTERNATIONAL SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 25, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
Wendy Graham
Office of International Activities
U.S. Environmental Protection Agency
Designated Federal Official
Arnoldo Garcia
Chair
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CHAPTER SEVEN
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 Thursday, May 25,
2000 during a four-day meeting of the NEJAC in
Atlanta, Georgia. Mr. Arnoldo Garcia, Development
Director, Urban Habitat Program, continues to serve
as chair of the subcommittee. Ms. Wendy Graham,
Office of International Activities (OIA), U.S.
Environmental Protection Agency (EPA), continues
to serve as the Designated Federal Official (DFO) for
the subcommittee. Exhibit 7-1 presents a list of the
members who attended the meeting and identifies
those members who were unable to attend.
This chapter, which provides a summary of the
deliberations of the International 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 discussions about
the activities of the subcommittee, including updates
on the accomplishments of the subcommittee and
the subcommittee's South Africa Work Group.
Section 4.0, Presentations and Reports, presents an
overview of each presentation and report, as well as
a summary of relevant questions and comments
from the subcommittee. Section 5.0, Dialogue with
the South African Delegation, summarizes the
discussions between the members of the
subcommittee and the delegates from South Africa.
Section 6.0, Significant Action Items, summarizes
the action items adopted by the members of the
subcommittee.
2.0 REMARKS
Mr. Garcia opened the subcommittee meeting by
welcoming the members present and Ms. Graham.
He then asked the participants to introduce
themselves and identify their organizations. Mr.
Garcia then commented that, while he realized
people might be interested in attending other
subcommittee sessions, participants should remain
at the present meeting as long as possible. With a
full list of issues on the agenda, he said, he believed
that the meeting of the International Subcommittee
would be productive and informative.
Exhibit 7-1
INTERNATIONAL SUBCOMMITTEE
Members
Who Attended the Meeting
May 25, 2000
Mr. Arnoldo Garcia, Chair
Ms. Wendy Graham, DFO
Ms. Maria del Carmen Libran
Mr. Fernando Cuevas
Ms. Beth Hailstock
Mr. Alberto Salamando
Mr. Tseming Yang
Members
Who Did Not Attend
Mr. Albert P. Adams
Mr. Robert Homes
Ms. Caroline Hotaling
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section provides an update on followup
activities of the subcommittee related to the
Roundtable on Environmental Justice on the U.S.-
Mexico Border and a reportf rom the subcommittee's
South Africa Work Group.
3.1 Updates on the Roundtable on
Environmental Justice on the U.S.-Mexico
Border
Mr. Garcia opened the discussion by explaining that
members of the International Subcommittee
continue to work with EPA to develop strategies for
the implementation of and followup on, many of the
recommendations made to EPA by stakeholders and
constituent participants at the Roundtable on
Environmental Justice on the U.S.-Mexico Border,
sponsored by EPA and the International
Subcommittee of the NEJAC, held in August 1999,
in National City, California. He also explained that a
report on the roundtable meeting should be available
later this year. He stated that many questions
remain unanswered. He announced that he planned
to have a conference call with Mr. Charles Lee,
Associate Director for Policy and Interagency
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International Subcommittee
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Liaison, Office of Environmental Justice (OEJ), EPA
Office of Enforcement and Compliance Assurance
(OECA), to discuss the formation of a border
commission.
Mr. Garcia stated thatthe subcommittee categorized
the recommendations into short-, medium-, and
long-term goals and that EPA had responded to
more than 40 of the 100 recommendations within 30
days after the roundtable meeting and continues to
work on the more complex recommendations,
several of which involve negotiations with the
government of Mexico. Subcommittee members
and environmental justice representatives have
worked closely with EPA, he continued, invoking the
concerns of the environmental justice community
and offering comments in the early developmental
stages of new work plans, projects, and policies that
address recommendations set forth during the
roundtable meeting.
Mr. Alan Hecht, Principal Deputy Assistant
Administrator, EPA OIA, then commented that
December 2000 through July 2001 will be a learning
period for the new administration and that, by July
2001, EPA will meet with the Agency's new Mexican
counterparts for a meeting to discuss the new border
plan. The new border plan, he continued, might be
available in 2002. Mr. Hecht said that one of the
challenges will be how to generate interest in various
work groups and how to support citizen participation
at all levels.
Mr. Garcia added that the effort faces two
challenges: (1) to address existing grievances and
(2) to become involved in available networks. Mr.
Hecht responded that the task has two parts: (1) the
legacy issue of neglect and (2) the doubling of the
population over time. Therefore, it is difficult, he
said, to determine what the circumstances will be in
the future. The new border plan, he continued,
should have two parts: (1) the legacy plan and (2)
the plan for the future. Communities still want
representation in the same way, so the emphasis on
the need for general engagement should be
retained, Mr. Hecht added. In addition, he urged the
members of the subcommittee to encourage
communities to help EPA develop a vision of what
the community wants. Political support for
addressing the border issues is weak, he observed.
He encouraged the members of the International
Subcommittee to promote more interaction across
the border. Mr. Hecht also commented that a
number of companies in the private sector are
interested in becoming involved in the effort.
3.2 Update on the South Africa Work Group
The report on South Africa submitted by Dr. Mildred
McClain, Executive Director, Citizens for
Environmental Justice and former member of the
International Subcommittee of the NEJAC, in August
1998 had been adopted as the work plan of the
South Africa Work Group (SAWG) of the
International Subcommittee. Currently, EPA is
implementing the recommendation of the SAWG
that an effort be made to "link environmental justice
groups in the U.S. with South Africa groups who are
addressing similar issues," she said.
In May 2000, Dr. McClain announced that EPA
hosted delegates representing the South African
environmental justice community at an intensive
program in the southeastern United States. She
explained that the delegates spent approximately 10
days visiting communities that face environmental
justice challenges similar to those encountered by
communities in South Africa. Representatives of
environmental justice communities, including
delegates from the SAWG, spent countless hours
working with EPA to prepare for the visit, she noted.
A one-day "lessons learned" session covered the
experiences of communities in the United States,
discussions of goals that remain to be achieved, and
a review of the history of the NEJAC, Dr. McClain
continued. In addition, Dr. McClain stated that the
delegates would be participating in this meeting of
the NEJAC, meeting experts and activists from
around the country. The delegates from South
Africa also participated in the meeting of the
International Subcommittee on May 25, 2000.
Section 5.0 provides a summary of the dialogue
between the members of the subcommittee and the
delegates from South Africa.
Dr. McClain then asked the members of the
International Subcommittee and South Africa Work
Group to consider whether the subcommittee's
South Africa Work Group, whose mandate ends in
September 2000, should continue to focus on South
Africa or should broaden its focus to all of Africa.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the International
Subcommittee. The International Subcommittee
heard presentations and reports on the following
topics: improving the health of farm workers; the
success story of Barrio Logan, San Diego, California;
Lake Apopka, Florida and farm worker health;
initiatives undertaken by the EPA Office of
Prevention, Pesticides, and Toxic Substances
(OPPTS); an update on activities of the EPA San
Diego Border Liaison Office; a report by EPA Region
7-2
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National Environmental Justice Advisory Council
International Subcommittee
10 on the effects of farm worker protection
standards; the work of EPA OIA.
4.1 Presentations on Public Health and
Exposure to Pesticides
The NEJAC, in its continuing efforts to provide
independent advice to the EPA Administrator on
areas related to environmental justice, focused its
fifteenth meeting on a specific policy- public health
and environmental justice. For that effort, members
of the International Subcommittee discussed at
length various public health issues related to farm
workers and their exposure to pesticides. This
section focuses on how to improve the health of farm
workers related to the exposure of pesticides.
4.1.1 Improving the Health of Farm Workers:
First Hand Accounts of Life as a Migrant
Farm Worker
Mr. Fernando Cuevas, Vice President, Farm Labor
Organizing Committee, began the discussion of
improving the health of farm workers by sharing his
life experiences as a farm worker. Mr. Cuevas
stressed that it was not until he was 36 years old that
he learned what pesticides were, emphasizing the
lack of training provided to farm workers, as well as
their lack of awareness of the problems associated
with pesticides. Mr. Cuevas stated that there are
three types of farm workers: (1) farm workers who
live and work in one place; (2) farm workers who
have a home base, but work in various areas of a
state, according to the season; and (3) migrant farm
workers who live and work all overthe United States,
and who move constantly. Mr. Cuevas noted that he
had been one of the third type of farm worker, a
migrant farm worker.
In addition to the exposure to pesticides that all farm
workers experience, continued Mr. Cuevas, migrant
farm workers are exposed to the dangers of traveling
around the country to seek work. Children, he
added, often are taken out of school so their parents
can travel to pursue seasonal employment.
Mr. Cuevas then described the birth of one of his
daughters. He and his wife had gone to a hospital,
he said, where the delivery-room doctor lectured his
wife and interrogated her, accusing her of taking
illegal drugs, drinking alcohol, and harming her own
baby during the pregnancy. Mr. Cuevas then
explained that their daughter had been born with
severe birth defects and learning disabilities. Like
many farm worker families, they blamed themselves
for their daughter's problems, without realizing that
the deformities had been caused by exposure to
pesticides. It was not until a few weeks later, he
continued, that another doctor, who was trained to
recognize the signs and effects of exposure to
pesticides informed them of the true cause.
Unfortunately, health care officials are not trained to
recognize the symptoms or effects of exposure to
pesticides, Mr. Cuevas stated. Many farm workers
who have such ailments are not diagnosed or
treated properly, nor are they given the correct
explanation of their ailments, he said.
Mr. Cuevas also noted that, complicating the
problem of inadequate diagnoses of exposure to
pesticides, farm workers cannot afford to take time
off when they are sick. Time off means no pay, he
pointed out, recalling a time when he was in so much
pain that he could not move. He had seen a
chiropractor for the pain, he said. The chiropractor
found nothing wrong and charged him a high fee for
the visit, he continued. Within a few days, Mr.
Cuevas said, he had begun to feel better, leading
him to believe that his body had processed whatever
chemicals to which he had been exposed. His own
story, he said, demonstrates that doctors often find
nothing wrong, and that farm workers often cannot
afford visits to a doctor or medication that might be
prescribed, as well as days off work without pay.
Therefore, they must often live with the pain and
accept it as normal, he explained.
In addition to the lack of training of health-care
providers, Mr. Cuevas continued, EPA standards for
verification of training are inadequate. Often, he
pointed out, videotapes on chemical safety training
are not available in the appropriate languages. He
explained further that time is not taken with people
who lack education and often cannot read and write
to explain the severity of the situation. He stated the
fear that agencies might be "complying" with
regulations only to receive funding allocations, rather
than actually effectively communicating the message
and adequately warning people of the dangers of
exposure to pesticides. Mr. Cuevas then told the
subcommittee he had traveled with Mr. Kevin
Keaney, Acting Chief, Certification and Worker
Protection Branch, EPA OPPTS, to migrant farm
worker camps to interview the farm workers. Not
one, Mr. Cuevas declared, and Mr. Keaney agreed,
had received training from an employer.
All of the circumstances he had described, Mr.
Cuevas continued, contribute to discrimination
against and ill-treatment of farm workers, who, he
noted, are primarily Hispanic or other minorities.
The living and working conditions and exposure to
pesticides that farm workers are subjected, Mr.
Cuevas continued, "are horrible and are still horrible
even in the year 2000." Even though there are child
labor laws intended to prevent children from working
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International Subcommittee
National Environmental Justice Advisory Council
in the fields, he added, there still are young children
working in the fields. Because many families cannot
afford to pay for sitters or do not have a place to
leave their children while they are working, he
explained, many children are brought to the fields
and left in a car near locations at which pesticides
are sprayed. Mr. Cuevas stressed the importance of
adequate training for farm workers and health-care
providers and of laws that are enforced adequately
to support the effort to reduce the exposure of farm
workers to harmful contaminants.
Ms. Maria Elena Lucas Rochel, farm worker and
organizer, Arlington, Texas, also began her
presentation with a first-hand account of the
hardships of life as a migrant farm worker with two
children. She spoke of the intense discrimination
and prejudicial attitudes that she faced, thinking the
situation was normal because she did not know
differently. Ms. Lucas began life as a migrant farm
worker, was married at 15, and took her children to
the fields to work. At that time, she said, she did not
know there was a world beyond the fields, nor did
she know about the dangers posed by pesticides.
Ms. Lucas explained that farm workers were
exposed constantly to the spraying of pesticides and
that, when the fields were closed for a 48-hour, no-
entry period so that pesticides could be applied to
them, the farm workers would go home to their camp
located in the fields. She also described drinking
water out of the hose used to spray pesticides,
explaining that fresh water would be run through the
hose before it was used to supply drinking water.
People then would drink from the hose. No one
knew or thought about the dangers of exposure to
pesticides, she noted.
Ms. Lucas then described a freak accident during
which she and her son were sprayed with chemicals.
At that time, Ms. Lucas explained, she knew that
pesticides were dangerous because she had heard
Mr. Cesar Chavez, leader, United Farm Workers,
speak at a Farm Labor Organization meeting and
had become involved in working with a farm worker
organization. She and her son, she said, were in the
middle of a field being sprayed by chemicals; their
throats were burning and they were choking and
vomiting, she continued. She said she knew that,
unless they could get to a hospital they both would
die. Miraculously, she continued, they were able to
trudge out of the field and to a hospital, both on the
verge of death. Ms. Lucas ended her presentation
by introducing her book, Forged Under the
Sun/Florida bajo el sol - The Life of Maria Elena
Lucas.
4.1.2 Barrio Logan Successful in Closing
Methyl Bromide Facility
Mr. Cesar Luna, Policy Associate, Border
Environmental Justice Campaign, Environmental
Health Coalition, described the success of the Barrio
Logan community in San Diego, California in shutting
down a methyl bromide facility at the Port of San
Diego. He explained that the facility had been
established as a business venture. Exhibit 7-2
describes methyl bromide. Fruit, primarily grapes
imported from Chile, was fumigated with methyl
bromide at the facility. He attributed the success in
shutting down the facility to the empowerment of the
community, stressing the necessity that members of
such communities stop seeing themselves as
victims, and rather come to think of themselves as
powerful agents of change. Aside from the years
spent working to shut down the cold storage facility
in Barrio Logan and to convince the authorities that
the action was one to take, Mr. Luna commented, he
believed that the success story of Barrio Logan was
a good example of the power communities have. He
explained that the process begins with people
educating themselves, learning to understand and
employ their capabilities, and then informing and
educating the government.
Mr. Luna then explained the various stages of the
process the community had engaged in, saying that,
at first, members of the community had been told
that there was no alternative to the use of methyl
bromide. Mr. Luna questioned the claim that
alternative technologies are available and
encouraged the members of the International
Subcommittee to use technology to their advantage
in finding environmentally safe alternatives and
fighting to ban harmful chemicals. Mr. Luna then
stated the need for a standard and enforced protocol
for chemicals. He attributed much of the success of
the Barrio Logan community to the hard work of Mr.
Jose Bravo, Southwest Network for Environmental
and Economic Justice and former member of the
International Subcommittee, who had, Mr. Luna
pointed out, played a major role in the process.
Continuing the presentation, Mr. Bravo commented
that the government ultimately had not been of help
and that the actual reason the facility was closed
was that it was losing money. He added that he had
testified before Congress against the facility.
Subsequently, he continued, he had learned that
companies had stockpiled methyl bromide atthe port
near the Barrio Logan community and that recycling
of the compound is not available. Mr. Bravo
asserted that groups in Australia have a technology
for recycling methyl bromide, adding that a solution
to the problem will be found if the government
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Nations! Environmental Justice Advisory Council
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Exhibit 7-2
METHYL BROMIDE
Methyl bromide is a colorless, odorless gas used in
agri-food industries throughout the world to control
insects, nematodes, weeds, diseases, pathogens, and
rodents. Methyl bromide is used to fumigate such
structures as grain storage facilities, flour mills, and
ships and trains that carry agricultural commodities.
It also is used to fumigate soil in greenhouses and
farm fields and to treat such commodities as fruits,
vegetables, grains, nuts, wood, and wood products.
Once noted as an effective pesticide used throughout
the world, methyl bromide today is categorized as a
significant threat to the ozone layer. It is estimated
that, once bromine reaches the stratosphere, it is some
50 times more efficient than chlorine, on a per atom
basis, in destroying stratospheric ozone. Emissions
of methyl bromide from human activities are
estimated to account for as much as 10 percent of
observed global ozone losses.
Under the authority of the Clean Air Act, the U.S.
Environmental Protection Agency (EPA) has
prohibited the production and import of methyl
bromide after January 1, 2001. In addition, in 1994,
EPA froze U.S. production at 1991 levels. To
facilitate the smoothest possible transition to
alternatives, EPA has allowed the longest possible
time before the phase-out. The phase-out applies to
production and import of the chemical, not use. Use
of pesticides is governed by the Federal Insecticide,
Fungicide, and Rodenticide Act (EEFRA).
There is no single alternative suitable for all the uses
of methyl bromide, however, numerous chemical and
nonchemical pesticides are available that effectively
control many of the pests for which methyl bromide
is used. Each of those alternatives has drawbacks:
some alternatives require changes in production
systems; others can control only some of the pests
methyl bromide is effective on. Since no single
technology is available to replace methyl bromide, an
integrated pest management (IPM) approach, which
involves the combination of a number of preventive
techniques and alternative control mechanisms, is
likely to be used.
provides funds to support research on alternatives to
methyl bromide. Mr. Bravo also exposed the myth
that the facility had brought jobs to the area, saying
that of the 1,700 homes surveyed, no resident
worked at the facility. Members of the community
were not living there because of jobs created by the
facility, nor were they gaining from the facility in any
way, he declared.
Mr. Luna then voiced a plea for an immediate ban on
methyl bromide. A participant in the meeting
commented that it was her understanding that the
phase-out date for methyl bromide had been delayed
to 2015. People cannot wait, Mr. Luna observed,
and the human element must be recognized
because, while legislation is delayed, communities
are harmed. He stated in clarification that he was
not opposed to responsible industry and that he
believes that community groups often become
labeled "anti-everything." That is not the case, he
asserted. He added that he wished to work with
government and was asking industry to be
responsible and accountable.
4.1.3 Lake Apopka and Farm Worker Health
Ms. Jeannie Economos, Farm Worker Association of
Florida, began her presentation on Lake Apopka,
Florida by providing the members of the International
Subcommittee with background information. Before
1940, Lake Apopka was Florida's second largest
lake, she said. In the 1940s, she reported, 20,000
acres were diked and drained to be used as
farmland, primarily for the production of corn,
carrots, radishes, and lettuce. Fertilizers and
pesticides were applied, and lake water was used for
irrigation for the farmland, she continued. By 1998,
the state legislature had passed a law under which
farm operations were to be bought out and Lake
Apopka cleaned up. Under that program, $113
million government dollars were spent to buy
farmland that had been given to farmers in 1940, she
declared. At the time of the buyout, more than 2,000
farm workers lost their jobs.
The area was to be flooded so that the land would be
restored to wetlands. The area near Walt Disney
World, Orlando, Florida, then would be clean, and
expensive homes could be built around the lake,
said Ms. Economos. However, she said, in the
winter of 1998 and through early 1999, more than
1,000 water birds were found dead in the lake.
Experts from the U.S. Fish and Wildlife Service
(FWS), Department of the Interior (DOI), and EPA
were called in to find the cause of the kill.
Laboratory analysis of bird tissue revealed high
concentrations of pesticides, she continued,
including breakdown products of dichloro-diphenyl-
trichloroethane (DDT), aldrin, and organochlorines.
All the pesticides detected, she added, had been
banned, some for more that 20 or 30 years.
In addition to the pesticide contamination, Ms.
Economos continued, approximately 20,000 tons of
soil contaminated with petroleum, pesticides, and
heavy metals were removed during the cleanup
conducted before the flooding of the farmlands. She
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explained that two Superfund sites identified in the
1980s, both partially remediated and under
continuing monitoring plans, are located adjacent to
the lake.
Ms. Economos expressed her dismay about the lack
of publicity Lake Apopka has received, commenting
that many people in Florida still are unaware of the
seriousness of the situation. She pointed out that
pesticides are endocrine-disruptive chemicals, the
effects of which generally are seen in the offspring of
exposed individuals. Therefore, she said, it is
possible that people and media do not notice those
effects and focus instead on the risk of cancer or the
threat of immediate death.
Ms. Economos then stated that the principal issue
overlooked in the story of events at Lake Apopka, is
the 2,000 farm workers. No one, aside from farm
worker associations, has thought about those
people, she said. The government has spent money
testing alligators and deformed alligator offsprings,
birds, and fish, but not humans, Ms. Economos
declared. Farm workers supplement their diets by
eating fish, she explained, noting that, after a study
on fish, an advisory was released. Ms. Economos
reported the message of that advisory as, "It is okay
to eat fish, just do not eat too much fish." She added
that no studies of the farm workers have been
conducted to assess the multiple exposures to which
they are subject. Ms. Economos concluded her
presentation with a plea for studies on farm worker
health.
4.1.4 Initiatives of the U.S. Environmental
Protection Agency Office of Prevention,
Pesticides, and Toxic Substances
Mr. Keaney began a discussion of the initiatives
undertaken by OPPTS, noting that regulations
provide Federal guidance on the application of
pesticides and stating his agreement that the health-
care community is ill-prepared to deal with
pesticides. He also expressed agreement with the
presenters who had preceded him that there is a
need to increase awareness of the dangers of
pesticides. One way to address the lack of trained
health-care providers, he suggested, might be to
include pesticides in teaching modules used in
medical schools. He also stated that his office
distributes to emergency recovery centers the
guidelines, Recognition and Management of
Pesticide Poisonings in both English and Spanish.
Currently, the implementation plan for providing
national strategies to train health care providers on
pesticides was in the final stages of preparation, he
said. He then expressed hope that, by 2001, a
national forum will be held to begin implementation
of the plan.
Using slides to outline his points, Mr. Keaney then
discussed EPA's Agricultural Worker Protection
Program. While he agreed with some members of
the International Subcommittee, who questioned the
adequacy of the training material, he explained, it is
important that the members be aware that EPA felt.
the need to provide materials as a "stop-gap"
measure. Although the material is not flawless, he
continued, it was necessary to produce a document
in a timely manner. He also pointed out that, while
regulations are in place, he questioned the
effectiveness of enforcement efforts. A quick audit
of the program, he added, had found lapses. He
asked the members of the International
Subcommittee to consider what they would like to
see in the next training program and share their
suggestions with him.
Mr. Keaney stated that EPA's goals include:
• Conduct a national assessment of protection of
agricultural workers to be based on the model
developed by the Certification and Training
Assessment Group (CTAG), which was
established in 1996 by EPA and the U.S.
Department of Agriculture (USDA).
• Review the process used to calculate restricted
time entry intervals after application of
pesticides, including people 10 years of age and
older.
• Revise the process for calculating risk to
bystanders that was to be released for public
comment.
• Increase in the number of projects that focus on
medical services to children of farm workers and
exposure to pesticides.
Mr. Keaney stressed the importance of ensuring that
regulations adequately protect young workers and
children, even though, children should not be in the
field. In reality, children are there, he said, and
therefore the regulations should protect them.
One of the difficulties in achieving those goals, Mr.
Keaney explained, is constructing an accurate
picture of the agricultural worker. The National
Agricultural Workers Survey, he continued, has
completed more than 20,000 interviews in which a
U.S. Department of Labor (DOL) survey was used.
The survey was conducted with partial funding from
EPA and the National Institute for Occupational
Safety and Health (NIOSH), he added. Another
study, an examination of health and nutrition, is
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being conducted in collaboration with the National
Center for Health Statistics and the National Center
for Environmental Health, with the goal of evaluating
risk factors associated with elevated levels of
pesticide metabolites in urine, he said. In addition,
as a joint effort, of the National Cancer Institute
(NCI), the National Institute for Environmental Health
Sciences (NIEHS), and EPA are conducting an
evaluation of pesticide applicators for environmental
and occupational risk factors, he noted. Rutgers
University is involved in a pilot project in an
agricultural area of New Jersey that involves a
survey of farm workers and their families, he said.
The effort includes completion of a questionnaire, a
physical exam, and environmental sampling and
biological testing (for example, pesticide metabolites
in urine and cholinesterase blood levels), Mr. Keaney
continued.
The National Pesticides Telecommunications
Network, which can be contacted by telephone toll
free at (800) 858-7378, 9:30 a.m. to 7:30 p.m.
eastern time and by e-mail at nptn@ace.orst.edu,
Mr. Keaney stated, is a bilingual (English and
Spanish) service that provides information on
pesticides and how to recognize and manage
pesticide poisons and that will transfer calls to the
Poison Control Center or to an expert physician for
consultation, if necessary. Last, Mr. Keaney briefly
described the office's initiative on medical outreach
to tribal health-care providers which includes: (1)
tailoring of training on pesticides to health-care
providers who serve tribal communities, (2) survey
work at potential pesticide exposure sites, and (3)
adaptation of training of health-care providers to
incorporate real-life situations.
4.1.5 Presentation on Worker Protection
Standard, Compliance and Enforcement
Study
Ms. Monica Kirk, Special Counsel to the Regional
Administrator, Office of Oregon Operations, EPA
Region 10, presented the results of a survey
conducted in Oregon to determine the effectiveness
of the Worker Protection Standards (WPS) and to
determine if the problem was a compliance issue or
an enforcement issue. Exhibit 7-3 defines WPS.
The results of the study suggested that enforcement
was lacking, she continued, and that children had
been working in the fields at young ages. Only 17
percent of the workers surveyed only were literate in
Spanish, and many signs posted were in English.
Only 50 percent of the workers knew what pesticides
are, and public transportation and emergency
services generally were not available to them, she
stated. The WPS is in place, but is not as effective
as it should be, she continued. Enforcement is
lacking and there is a lack of proper training,
adequate safety equipment, and more, she said in
conclusion.
Exhibit 7-3
WORKER PROTECTION STANDARDS
The U.S. Environmental Protection Agency's (EPA)
Worker Protection Standard (WPS) is a regulation
intended to reduce the risk of pesticide poisonings
and injuries among agricultural workers and pesticide
handlers. The WPS offers protection to more than
three and a half million people who work with
pesticides at more than 560,000 workplaces. The
WPS includes requirements for pesticide safety
training, notification of pesticide applications, use of
personal protective equipment, restricted entry
intervals following pesticide application, the
availability of decontamination supplies, and
provision of emergency medical assistance.
4.2 Update on Activities of the U.S.
Environmental Protection Agency San Diego
Border Liaison Office
Dr. Clarice Gaylord, Special Assistant to the
Regional Administrator, San Diego Border Liaison
Office, EPA Region 9, reported on the activities and
progress of the education and outreach program
conducted by the border office. She began noting
that the NEJAC had criticized the office for failing to
establish relationships with farm worker
communities. Therefore, she said, the San Diego
Border Office had made doing so a priority. The
office's accomplishments in that area, she
continued, include an increase in technical training
that is focused on child safety. Specifically, she said,
a grant had been awarded to a local nongovernment
organization to provide such training. Dr. Gaylord
also cited an increase in the number of public
meetings held in the U.S.-Mexico border area of
Region 9. The San Diego Border Office also had
awarded a grant to the Border Health Foundation to
improve the quality of drinking water by teaching
residents of border communities how to disinfect
their own water, she said. In addition, Dr. Gaylord
continued, the American Lung Association
conducted open-air waste training in San Diego and
Imperial counties and the San Diego Border Off ice is
helping in the effort to identify and contract a
nongovernment organization in Mexico to conduct
the same training in the border area in that country.
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Later in the meeting, Dr. Gaylord discussed some of
thecross-bordermeetingsthatthe San Diego Border
Office had hosted and some activities that had been
conducted as a result of those meetings:
• The office was interacting closely with staff of
other Federal agencies, and had formed a
Border Subcommittee, and was collecting
geographic information system (GIS) data along
the border.
• The office currently was soliciting public
comments on the Border XXI program, an
innovative, binational program designed to
promote sustainable development in the border
region, to be used to improve that program.
• The office was conducting environmental justice
training for other Federal agencies.
• The office's Border Team and an Environmental
Justice Team have developed an Environmental
Justice Border Plan through a series of public
dialogue sessions; the plan addresses issues on
both sides of the border.
Continuing, Dr. Gaylord stated that the San Diego
Border Office was to conduct three more public
meetings in Arizona to try to extend outreach
activities along the border. Technical activities, she
said, would be expanded through binational grants to
support environmental justice work. In general, the
San Diego Border Office continues the effort to
heighten environmental awareness by working
closely with community groups, tribal groups, and
Mexican groups to .improve public health, Dr.
Gaylord said.
4.3 Update on the Activities of the U.S.
Environmental Protection Agency Office of
International Activities
Mr. Hecht began his presentation by acknowledging
that the current period was a crucial point for the
BorderXXI program. The two upcoming presidential
elections in the United States and Mexico will bring
new leadership and new "players," he pointed out.
Mr. Hecht stated that the goal is to begin by laying
the foundation for the next border plan. EPA
currently is finishing a summary document on the
border projects, Mr. Hecht added as he distributed
copies of the executive summary of the document to
the members of the International Subcommittee.
The document will provide a history of the past five
years of intense bilateral cooperation under the
Border XXI program, he said. The document, he
continued, is intended to illustrate what has been
accomplished and highlight the progress made to aid
discussion groups in determining the future
organization of Border XXI. Mr. Hecht added that,
on the basis of past discussions, he believed the key
issues for the new border plan (until the year 2020)
would be:
• Water, including water and wastewater
infrastructure and water use and quality.
• I ndustrial stewardship and the role of the private
sector.
• Health and pesticides safety.
• Management of solid and hazardous waste.
• Sustainable cities.
• Brownfields and urban redevelopment.
Specifically, Mr. Hecht mentioned a "In/ability grant"
awarded to EPA Region 9 in relation to the issue of
sustainable cities and the joint policy statement on
remediation and redevelopment of the U.S.-
Binational Commission (BNC), signed May 18,2000.
Mr. Hecht then discussed the proposed
"environmental justice commission" that had been
one of three recommendations resulting from the
August 1999 Roundtable on Environmental Justice
on the U.S.-Mexico Border held in National City,
California. First, he stated that he agreed that it is
important that communities have a definite role in the
decision-making process. He explained the two
ways in which he believed that role could be defined:
(1) through existing structures or (2) through direct
structures created for that purpose. However, with
the many changes currently affecting the border
area, (new individuals involved and redefinition of the
goals for the next 20 years), he pointed out, it was
questionable whether such a changing environment
was an opportune time to establish yet another new
group. He added, however that, despite his
hesitation, it was possible that some entity might
emerge. Mr. Hecht then reported on an earlier
promise that he had made to the International
Subcommittee during the previous NEJAC meeting,
that is, recommending minorities for vacancies within
other advisory groups at EPA. He said that he had
followed through on that promise and that he was
proud to announce that Mr. Bravo was among the
five new members nominated to serve on the Good
Neighbor Environmental Board (GNEB). Exhibit 7-4
describes the GNEB.
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Exhibit 7-4
GOOD NEIGHBOR ENVIRONMENTAL
BOARD
The Good Neighborhood Environmental Board
(GNEB) was created by the Enterprise for the
Americas Initiative Act of 1992 (EAIA) (7 U.S. Code
Section 5404) to advise the President and the
Congress about environmental and infrastructure
issues and needs within the states contiguous to
Mexico. The statute requires the GNEB to submit an
annual report to the President and the Congress. The
GNEB has submitted reports in October 1995, April
1997, and July 1998. The GNEB's 1997 [and 1998]
report[s] also were translated into Spanish and widely
disseminated on both sides of the border.
The Act requires that the board membership include
representatives from appropriate U.S. Government
agencies; the governments of Arizona, California,
New Mexico, and Texas; and private organizations,
including community development, academic, health,
environmental, and other non-governmental entities
with expertise on environmental and infrastructure
problems along the southwest border.
A presidential executive order delegates
implementation authority to the administrator of the
U.S. Environmental Protection Agency (EPA). The
GNEB operates under the Federal Advisory
Committee Act (FACA) and meets three times
annually at locations along the U.S.-Mexico border.
Mr. Hecht's presentation then focused on the
upcoming meeting of the Commission on
Environmental Cooperation (CEC), scheduled for
June 11 through 12, 2000 in Dallas, Texas. He
highlighted important events and decisions that will
be discussed. One key issue to be discussed at the
CEC, he said, would be the importance of provisions
for citizens suits so that citizens are free to speak out
against government. He then illustrated the
importance of the issue by briefly explaining the
process. Anyone can file a suit before the
commission. If the suit receives the support of two-
thirds of the commission, the case proceeds to the
fact- finding stage. During the previous week, Mr.
Hecht continued, the suit against the Metales y
Derivados site, located in Tijuana, Mexico, identified
at the August 1999 Roundtable on Environmental
Justice in the U.S.-Mexico Border as a
recommended site for cleanup, was brought before
the CEC. The CEC voted unanimously to advance
the Metales y Derivados case to the fact-finding
stage. These provisions, he had described, are
extremely important and should be included as an
amendment in the North American Free Trade
Agreement (NAFTA) Environmental Side
Agreement. Exhibit 7-5 describes the agreement.
Last, Mr. Hecht stated that the initiative on children's
health is a key issue that would be discussed during
the Dallas meeting, as would the need to focus
internationally on children's health and drinking
water. Mr. Hecht added that, in the future, he hoped
to expand the initiative to include communities in
Africa and Central and South America. He also
stated that a phase-out of lead has been very
successful in much of the world.
Exhibit 7-5
NORTH AMERICAN FREE TRADE
AGREEMENT ENVIRONMENTAL SIDE
AGREEMENT
The Environmental Side Agreement to the North
American Free Trade Agreement (NAFTA) sought to
provide a level playing field for free trade by
committing the United States, Mexico, and Canada
to effective enforcement of their respective
environmental laws. Facilitated by the North
American Commission on Environmental
Cooperation, the three nations have created the
North American Working Group on Environmental
Enforcement and Compliance Cooperation and
developed a cooperative program to stimulate and
enhance effective enforcement in the three countries.
In 1996 and 1997, the three countries initiated
cooperative projects to:
• Improve compliance monitoring and
enforcement for transboundary shipments of
hazardous wastes and banned substances, such as
ozone-depleting chlorofluorocarbons (CFC).
• Improve enforcement of restrictions on trade in
endangered species.
• Cooperate in improving compliance and
enforcement measures.
• Examine the role and effect of environmental
management systems approaches in improving
compliance and environmental performance.
• Develop cooperative approaches to the use of
enforcement tools to ensure the sound
management of toxic chemicals that are
persistent in the environment.
Continuing his presentation, Mr. Hecht discussed the
recent White House initiative, Partnership for Trade
and Environment. EPA would be the beneficiary of
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the initiative, the goal of which would be to fully
understand the environmental effects of all trade
activities and decisions, to identify areas outside of
EPA's influence, and in those cases, to mobilize
through the U.S. Agency for International
Development (U.S. AID) and other relevant
agencies. Although the $4.5 million dollar initiative
was eliminated in the U.S. House of Representatives
just the preceding day, Mr. Hecht continued, it was
a White House initiative, indicative of a positive step
that shows that national leaders are beginning to
recognize the importance of working with developing
countries in the areas of trade and the environment.
Otherwise, he warned, there would be a constant
battle. Mr. Bravo commented that the main reason
for the protests against the World Trade
Organization that had occurred in Seattle,
Washington, and Washington, D.C., is that the
environmental justice component is not included in
trade talks.
After he was asked by a member of the International
Subcommittee what is being done to protect African
communities from the adverse effects of poor
environmental conditions, Mr. Hecht responded that
Africa is one of the areas targeted for partnership
efforts. However, he explained, despite all efforts
that are carried out, it is up to the host government
to take ultimate responsibility and consider the
efforts to be in their own best interests.
Mr. Hecht then addressed other recommendations
that developed during the August 1999 Roundtable
on Environmental Justice on the U.S.-Mexico
Border. In the matter of the cleanup of the Metales
y Derivados site, he explained that, because the site
is located on private land in Mexico, it is more
difficult for EPA to fund the cleanup. One option for
cleanup is for the Mexican government to seek
extradition, but that approach would be time-
consuming and already there is reluctance on the
part of Mexican authorities, he explained. However,
he commented, private-sector interest in the Metales
y Derivados site is growing and the Secretaria de
Medio Ambiente Recursos Maturates y Pesca
(SEMARNAP) and EPA continue to meet. Again, he
continued, because of the upcoming elections, little
can be done, other than laying the foundation for the
new administration. When asked why the focus was
on the Metales y Derivados site, rather than the
Presto Lock or Gato Negro site, also identified during
the August 1999 Roundtable .on Environmental
Justice on the U.S.-Mexico Border, Mr. Hecht
responded that the Metales y Derivados site is an
American-owned site and it is a "bigger blemish"
than the other two sites.
The Status Report on the Water and Wastewater
Infrastructure Program for the U.S.-Mexico
Borderlands, prepared by the Pan American Health
Organization in May 2000, illustrates that human
health risk at borders is an issue that must be
addressed, said Mr. Hecht. Adverse effects on
human health are much more prevalent in residents
of border areas than in other segments of the
population, he said in conclusion.
5.0 DIALOGUE WITH THE SOUTH AFRICAN
DELEGATION
Mr. Garcia welcomed the South African delegation
and opened the floor to public dialogue and
requested that Dr. McClain begin the discussions.
Dr. McClain began the discussion by acknowledging
that environmental justice concerns are the same for
both countries, the U.S. and South Africa, and have
been reiterated repeatedly and that the goal of
environmental justice efforts is to build initiatives that
rely on people and communities, rather than relying
on funding from government or on sanctions. Some
of the questions that the South Africa delegation had,
Dr. McClain continued, were structural in nature.
They included how the NEJAC functions and how
the International Subcommittee operates, she
added. The study tour to the United States, Dr.
McClain added, had been conducted so that the
South Africans interested in environmental justice
could learn from the lessons learned through the
NEJAC process.
Mr. Thabo Madihlaba, Environmental Justice
Network Forum and member of the South Africa
delegation, stressed the importance of the trip,
saying that South Africa does not have an
environmental policy and that the prevailing thought
and concern is more geared toward conserving
nature than toward people and living with pollution.
He explained further that the very concept of
environmental justice is unknown in South Africa; it
is addressed, he said, as a health problem having a
much narrower scope than the United States
concept of environmental justice. At the same time,
he added, multinational firms that have few
environmental standards are allowed to pollute,
people are removed forcefully from their homes to
make way for industrial operations, and ailments
related to occupational conditions occur.
Ms. Elsie Motubatse, Swaranang and member of the
South Africa delegation, commented on the lack of
environmental awareness, stating that mines were
left open after they were abandoned, with no attempt
made to close the open mine shaft. Ms. Sally
Phetoe, Congress of South African Trade Unions
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(COSATU) and member of the South Africa
delegation, added that platinum mining is carried out
in most of the northwestern province of South Africa;
yet, she said, there are only two occupational health
and safety policies in place. Continuing, she
commented on the lack of appropriate and
comprehensive legislation, declaring that the country
has no policy on determining whether companies
have in fact implemented the two existing policies.
Mr. Sanwabo Ndandani, Tsoga Environmental
Center and member of the South Africa delegation,
reported on conditions in Touship, population
25,000. He decried the community's close proximity
to a sewage plant located in the center of the
community. He added that wetlands in the area are
filled with poisons and are dangerous to the
communities surrounding them. He stated that four
public meetings had been conducted. In South
Africa, he explained, competition exists between
communities and the government and plants that
exist around communities should be shut down. Mr.
Musa Mzimela, Masikhule Nobunye and member of
the South Africa delegation, stated that, between
1994 and 1999, there was little change in legislation.
In 1999, he continued, a national environmental care
management act was created; at that time, he
pointed out, most of the industries in South Africa
were not South African-owned. Mr. Mzimela then
stated his belief that he believes that the United
States and Great Britain are obligated to cleanup the
environmental damage in South Africa, since those
two countries are the generators of the pollutants.
Mr. Madihlaba explained that South Africa has
neither regulatory or monitoring mechanisms northe
capacity in terms of human and economic resources
to conduct adequate research. There are
approximately 1,000 landfill sites in the country, he
added, and he and the other members of the South
Africa delegation want the government to tell the
people (1) how many landfill sites there are, (2) what
human health risks those landfills pose to nearby
communities, and (3) what strategies using
environmentally friendly methods should be used to
clean up those landfills.
When the discussion was opened to members of the
subcommittee, Mr. Garcia commented that he
appreciated the comments made by the delegation
and noted many similarities between their
experiences and those of environmental justice
communities in this country. Mr. Alberto Salamando,
General Counsel, International Indian Treaty
Council, commented that America still struggles with
racism and still deals with colonialism with the
treatment of American Indians, which has not ended.
While Mr. Salamando acknowledged that he could
not offer a solution, he suggested that the
government of South Africa should allow
communities to sue the perpetrators of the pollution.
He then stated that everything is assessed in dollars,
but that a community's well being and human life
cannot be assessed in terms of dollars. The global
economic system promotes the degradation of the
environment, he added.
Mr. John Armstead, Deputy Director, Environmental
Services Division, EPA Region 3, added that the
discussion of the global economy should include
discussion of the global environment as the two are
linked. The South Africa delegation had been
brought together with the NEJAC to understand
lessons learned in addressing environmental justice
issues, he explained, and South Africa is in need of
an environmental justice forum at the ministry level,
he added.
Mr. Madihlaba asked the members of the
International Subcommittee whether there was a
U.S. policy on South Africa that encouraged industry
through an incentive program and encouraged
people to invest in South Africa in an environmentally
friendly way. Mr. Hecht responded by stating that it
is difficult to characterize a coherent U.S. policy,
since many agencies are involved in many projects
and programs; however, he added, there is a
general policy that provides incentives solely to
promote investment by companies. South Africa is
not attracting business, he commented, by
maintaining low environmental standards. Mr.
Salamando elaborated on that point, stating that
companies continue to invest as long as the
investment is profitable. Mr. Madihlaba then asked
whether there are environmental regulations that
govern U.S. companies that wish to establish a
facility in another country. Mr. Tseming Yang,
Vermont Law School, answered by stating that
multinational corporations prohibit their U.S.
corporation or subsidiaries from bribing officials in
other countries. Mr. Yang explained that companies
must act in an ethical and legal manner when
conducting business abroad.
In the few minutes remaining, Mr. Salamando briefly
commented that the World Conference on
Environmental Racism would provide an opportunity
to examine how international consciousness can be
raised. He distributed a memorandum on the
subject and encouraged the members to read it. He
then asked for the subcommittee's permission to
work with Mr. Hecht to request that the NEJAC
participate in the conference.
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6.0 SIGNIFICANT ACTION ITEMS
The members of the International
Subcommittee agreed to review and comment
on a proposed resolution of the Indigenous
Peoples Subcommittee on the proposed
international treaties related to persistent
organic pollutants.
The members of the International
Subcommittee requested that a work group on
farm workers (Hispanic and non-Hispanic) be
established to examine economic, social,
environmental, and public health issues.
Ms. Beth Hailstock, Director, Environmental
Justice Center, requested that a roundtable
meeting devoted solely to issues related to
farm workers be organized and that
representatives of all pertinent agencies and
all relevant community groups participate.
Mr. Cuevas requested that universities
develop programs through which workers can
receive training about the effects of pesticides
on human health.
The members of the International
Subcommittee requested that a work group be
established to focus on follow-up issues from
the Roundtable on Environmental Justice on
the U.S.-Mexico Border.
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MEETING SUMMARY
of the
WASTE AND FACILITY SITING SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 25, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
Kent Benjamin Vernice Miller-Travis
Office of Solid Waste and Chair
Emergency Response
U.S. Environmental Protection Agency
Designated Federal Official
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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 Thursday,
May 25, 2000, during a four-day meeting of the
NEJAC in Atlanta, Georgia. Ms. Vernice Miller-
Travis, Partnership for Sustainable Brownfields
Redevelopment, continues to serve as chair of the
subcommittee. Mr. Kent Benjamin, Environmental
Justice Coordinator, Outreach/Special Projects Staff
(OSPS), U.S. Environmental Protection Agency
(EPA) Office of Solid Waste and Emergency
Response (OSWER), continues to serve as the
Designated Federal Official (DFO) for the
subcommittee. Exhibit 8-1 presents a list of the
members who attended the meeting and identifies
those members who were unable to attend.
This chapter, which provides a summary of the
deliberations of the Waste and Facility Siting
Subcommittee, is organized in six sections, including
this Introduction. Section 2.0, Remarks, summarizes
the opening remarks of the chair and the Assistant
Administrator of EPA OSWER. Section 3.0, Update
on Work Groups of the Subcommittee, summarizes
the activities of the work groups of the
subcommittee. Section 4.0, Presentations and
Reports, presents an overview of each presentation
and report received by the subcommittee, as well as
a summary of questions asked and comments
offered by the members of the subcommittee.
Section 5.0, Summary of Public Dialogue,
summarizes discussions offered during the public
dialogue period provided by the subcommittee.
Section 6.0, Significant Action Items, summarizes
the significant action items adopted by the
subcommittee.
The members of the subcommittee also participated
in a joint session with the Health and Research
Subcommittee of the NEJAC to discuss the
exposure investigation of Mossville, Calcasieu
Parish, Louisiana, conducted by the Agency for
Toxic Substances and Disease Registry (ATSDR) in
November 1999. Chapter nine of this document
provides a summary of the deliberations of the joint
session.
Exhibit 8-1
WASTE AND FACILITY SITING
SUBCOMMITTEE
Members
Who Attended the Meeting
May 25,2000
Ms. Vernice Miller-Travis, Chair
Ms. Veronica Eady, Vice Chair
Mr. Kent Benjamin, DFO
Ms. Denise Feiber
Ms. Donna Gross McDaniel
Ms. Patricia Hill Wood
Mr. Melvin Holden
Ms. Katharine McGloon
Mr. Harold Mitchell
Mr. Neftali Garcia Martinez
Ms. Mary Nelson
Ms. Brenda Lee Richardson
Mr. Mervyn Tano
Mr. Michael Taylor
Mr. Johnny Wilson
Members
Who Were Unable To Attend
Ms. Lorraine Granado
Mr. Michael Holmes
Mr. David Moore
2.0 REMARKS
Ms. Miller-Travis opened the subcommittee meeting
by welcoming the members present and Mr.
Benjamin, as well as Mr. Timothy Fields, Jr.,
Assistant Administrator, EPA OSWER, and Mr.
Michael Shapiro, Principal Deputy Assistant
Administrator, EPA OSWER. Ms. Miller-Travis also
introduced Ms. Veronica Eady, Executive Office of
Environmental Affairs, Commonwealth of
Massachusetts, as the vice-chair of the
subcommittee. At the conclusion of Ms. Miller-
Travis' welcoming remarks, Mr. Fields greeted the
members of the subcommittee and informed the
members of the public present that "EPA officials are
not members of the subcommittee, but helpers." He
then briefly outlined some initiatives the
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subcommittee had been involved in. Those
initiatives include, but are not limited to, relocation of
residents under Superfund, facility siting under the
Resource Conservation and Recovery Act (RCRA),
minority worker training, and the Brownfields
Economic Redevelopment Initiative. Ms. Miller-
Travis added that OSWER and the subcommittee
had spent significant time developing a partnership.
Mr. Shapiro then greeted the members of the
subcommittee and informed the group that OSWER
had been working to follow up on suggestions
previously offered by the subcommittee.
3.0 UPDATE ON WORK GROUPS OF THE
SUBCOMMITTEE
This section discusses the activities of the work
groups of the Waste and Facility Siting
Subcommittee of the NEJAC.
3.1 Waste Transfer Stations Work Group
Ms. Sue Briggum, Director of Government Affairs,
Waste Management, Inc. and former member of the
Waste and Facility Siting Subcommittee of the
NEJAC, made a presentation on the status of the
report, A Regulatory Strategy For Siting and
Operating Waste Transfer Stations. The report,
which was developed by the Waste Transfer
Stations (WTS) 'Work Group of the Waste and
Facility Siting Subcommittee, provides to EPA
OSWER recommendations and suggestions related
to WTSs. Exhibit 8-2 describes the purpose of the
WTS work group. The report was submitted to the
EPA Administrator in March 2000.
Following Ms. Briggum's status report, Mr. Fields
informed the members of the subcommittee about
EPA's Municipal Solid Waste Transfer Station Action
Strategy. The report outlines actions and best
management practices (BMP) EPA plans to
implement in response to environmental justice
concerns related to WTSs that the WTS Work
Group set forth in its report. According to Mr. Fields,
OSWER agrees with the recommendations
presented in the report of the WTS Work Group and
plans to address issues raised specifically about
such facilities located in New York City and
Washington, D.C. In the case of many of the
suggestions, said Mr. Fields, it will take some time to
scope out and implement appropriate actions.
However, he added that other suggestions will be
acted on right away. The draft status report is a
work in progress and an intra-agency work group
has been formed to continue working with the
subcommittee, he continued. An action meeting was
to be held on June 11, 2000 to discuss BMPs, he
then announced.
Exhibit 8-2
THE WASTE TRANSFER STATIONS WORK
GROUP OF THE WASTE AND FACILITY
SITING SUBCOMMITTEE
The Waste Transfer Stations (WTS) Work Group of
the Waste and Facility Siting Subcommittee is
charged with conducting fact-finding efforts and
issuing recommendations to the U.S. Environmental
Protection Agency (EPA) for a national approach to
addressing the effects of the siting and operation of
WTSs on low-income and people of color
communities. A WTS serves as a temporary storage
facility where waste can be stored for no more than
10 days while it is being transported to a permanent
disposal facility. The disproportionate effects of
clustered siting and operation of WTSs in a number
of municipalities, including New York City (NYC)
and Washington, D.C., was brought to the attention
of the National Environmental Justice Advisory
Council (NEJAC) in May 1997. The NEJAC had
been advised that in certain communities in NYC,
there is a disproportionate concentration of WTSs.
As a consequence, those communities suffer adverse
health, environmental, and economic effects. In
addition, the city's current regulatory process does
not address such concerns adequately. The NEJAC
had been advised further that representatives of such
communities feared that those conditions would be
exacerbated by the impending closure of Fresh Kills
landfill, NYC's only remaining landfill.
Mr. Fields also stated that OSWER was working to
resolve issues related to marine WTSs. An
operations and maintenance manual was being
developed to specify cleanup technologies, waste
handling procedures, reporting and record keeping
procedures, and other matters, he said. The EPA
report promotes community participation, he
continued, and OSWER also was developing a
citizen's guide that provides information about how
WTSs operateand how environmental justice issues
are addressed. The EPA report also focuses on
waste reduction and facility siting as well as uses the
principles of the Model Plan for Public Participation
developed by the NEJAC.
In addition to the draft status report, OSWER was
engaging in dialogue with local officials and was to
hold forums in New York City in which the public will
be invited to participate, said Mr. Fields. It is hoped,
he added, that such a targeted approach will help
facilitate change.
Mr. Fields then offered special thanks to Ms.
Briggum, the WTS Work Group, and officials of EPA
Region 2.
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Ms. Miller-Travis informed the new members of the
subcommittee that the OSWER response report is
the product of work carried out over a period of three
years. She then asked Mr. Fields and Mr. Shapiro
about the response of state and local officials to the
report. Mr. Fields replied that many of the responses
focused on the observation that not all cities have
the problems found in New York and Washington,
D.C. Some counties have acceptable operations, he
pointed out. Similarly, responses from state officials
point out that not all states have such problems, he
continued. Mr. Shapiro added that a single model
may not be adequate for all situations. However, he
noted, in general, the response to the report had
been positive. Ms. Miller-Travis then asked whether
the Agency has heard from officials of New York
City. Mr. William Muszynski, Deputy Regional
Administrator, EPA Region 2, informed the
subcommittee that EPA had not heard formally from
officials of New York City. However, EPA Region 2
is in discussion with those officials, he stated.
Ms. Miller-Travis then thanked Mr. Fields and the
OSWER staff for the hard work they had devoted to
the development of the recommendation report. Mr.
Michael Taylor, Vita Nueva, pointed out that failure to
hold all industries to the same standards creates
problems. Ms. Briggum responded that the problem
remains the number of new facilities.
Mr. Neftali Garcia Martinez, Scientific and Technical
Services, asked for information about action to be
taken in New York City and Washington, D.C. Mr.
Fields told the subcommittee that such information
would be forthcoming.
Ms. Mary Nelson, Bethel New Life, Incorporated,
asked Mr. Fields what mechanisms would be used
to disseminate the information to other regions. Mr.
Fields responded that the Agency recognizes that
there are similar problems in other parts of the
country. He asked that people inform the Agency of
areas in great need. The citizen's guide is intended
to be used in other communities, he added. Ms.
Thea McManus, EPA OSWER, also responded that
the information would be distributed through public
health groups and workshops would be held to
discuss implementation.
Ms. Denise Feiber, Environmental Science and
Engineering, Inc., asked how the subcommittee will
be kept informed of actions related to the WTS
issue. Mr. Fields answered that he would provide
updates to Ms. Miller-Travis. He also suggested that
other members of the subcommittee could be
designated as points of contact. He suggested
further that members of the subcommittee could
become involved in focus groups. Ms. Miller-Travis
observed that an establishment of an
"implementation group" would be appropriate. She
suggested that the following individuals serve as
members of that group: Mr. Garcia Martinez, Ms.
Briggum, and Ms. Samara Swanston, The Watch
Person Project.
Ms. Swanston then spoke briefly about the approach
that should be taken in the BMP manual to address
enforcement in New York City. She also stated that
no WTSs should be located on waterfronts. Mr.
Fields added that the BMP manual will include a
citizen's guide that will address involvement of
citizens. Ms. Swanston then stated that the issue of
clustering is not addressed adequately. Mr. Fields
responded that EPA's report on Municipal Solid
Waste Transfer Station Action Strategy is a work in
progress. He suggested that members of the
subcommittee provide additional comments about
areas they believe require improvement.
Ms. Eady volunteered to serve as a member of the
implementation group and requested that EPA
Region 1 should be involved in the process. Mr.
Fields then discussed the regional conference calls
that are held monthly, suggesting that the response
report be added to the agenda of those conference
calls.
Mr. Mervyn Tano, International Institute for
Indigenous Resource Management, stated that
some of the issues discussed in the response
document are related to the development of
technology. Ms. Briggum added that research and
development is difficult because of competitiveness
in industry. It is difficult, she noted, for specific
companies to conduct research and development.
Mr. Tano added that there is a lack of public
participation in industry research and development.
Mr. Fields agreed with Mr. Tano's observation. Mr.
Tano then added that the BMP manual should cover
processes that occur after a specific BMP has been
implemented. For example, processes that take
place after garbage is collected, such as compaction
and disposal should be taken into account.
3.2 Brownfields Work Group
Mr. Taylor updated the subcommittee on the
activities of the Brownfields Work Group of the
Waste and Facility Siting Subcommittee. Mr. Taylor
began his update with a discussion of the economic
factors in brownfields redevelopment. Mr. Taylor
stated that there are four key areas in which
communities can have influence on redevelopment.
Those areas, he said, are: (1) recognize the need or
vision for redevelopment, (2) recognize the business
opportunity, (3) take the initiative, and (4) compile
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initial information. Redevelopment planning should
focus on returning benefits to the community, he
declared. Mr. Taylor also stated that the community
should be involved in the land use planning process.
Further, potential exposure pathways for future
planned use should be investigated before
redevelopment, he added.
Mr. Taylor presented to the subcommittee draft
recommendations related to the involvement of
stakeholders in environmental and land use decision
making. The recommendations encourage EPA to
"develop a directive that incorporates the following
principles and audit all programs for their stated
policies, as well as practices in stakeholder
involvement and land use, against the following
principles that support the promotion of
environmental justice.
• Early and meaningful involvement of affected
communities in decisionmaking processes.
• Definitions of "stakeholders" that correspond to
definitions in American Society for Testing and
Management (ASTM) Standard E-1984-98,
particularly the definition of the community as a
special stakeholder group consisting of those
who live and/or work around the site.
• Integration of land use planning, as it affects
decisions regarding improvements in public
health and the environment, into all programs.
• Encouragement of community-based planning
as a critical methodology for environmental
protection and promotion of its use "inside and
outside the Agency."
The draft recommendations are meant to involve
communities from the very beginning of the process,
continued Mr. Taylor. Community-based planning is
integral, he said. Ms. Miller-Travis stated that the
draft recommendations are consistent with the
results of the strategic planning session of the
subcommittee held in Washington, D.C. She stated
that EPA had no authority to direct local
governments in the areas of local land use and
zoning. She then stated her belief that
implementation of the recommendations will prevent
lawsuits filed under Title VI of the Civil Rights Act of
1964 (Title VI). Mr. Fields responded that the
recommendations point to a real need and that EPA
already was examining the issue of community
involvement in local land use and zoning decisions.
Ms. Feiberthanked Mr. Taylor specifically for the first
recommendation, stressing the importance of early
and meaningful involvement. Ms. Brenda Lee
Richardson, Women Like Us, then expressed her
strong support for the recommendations. Ms.
Richardson stated that one of the challenges
communities face is to establish a working
relationship with Federal authorities. She challenged
EPA to bring other Federal agencies involved in
brownfields efforts to the table, suggesting that EPA
facilitate a meeting in Washington, D.C.
Ms. Miller-Travis stated that the subcommittee was
in concurrence with the draft recommendations.
Mr. Johnny Wilson, Clark Atlanta University, asked
whether there is a working definition of the term
"meaningful community involvement." Ms. Miller-
Travis added that the phrase "critical methodology"
must be defined, as well.
3.3 Superfund Redevelopment Initiative Work
Group
Ms. Feiber provided a status report on the activities
of the Superfund Redevelopment Initiative Work
Group. The purpose of the work group is threefold,
she said: (1) to participate in the development of
EPA policy on the Superfund Redevelppment
Initiative (Section 4.6 of this chapter describes the
initiative); (2) to provide recommendations about
plans to redevelop Superfund sites for productive
and appropriate reuse; and (3) to ensure that
environmental justice issues and community
outreach efforts are incorporated meaningfully into
program policies and plans. Ms. Feiber informed the
subcommittee that the members of the work group
had identified a number of issues and concerns
related to the Superfund Redevelopment Initiative.
Those concerns include remedy selection, education
of remedial project managers and others about the
opportunities that the initiative presents, lack of
significant involvement of regional environmental
justice staff in the program, implications of the use of
institutional controls, and the need for a
representative of a potentially responsible party
(PRP) to serve on the subcommittee's work group.
Activities of the work group to date had included
review of proposed guidelines for the document
Superfund Redevelopment Initiative Pilot Program,
conversations with Ms. Bonnie Gross, EPA Region
3, about the Avtex Fibers site in Front Royal,
Virginia, and numerous conversations with program
staff, she reported further.
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Ms. Feiber concluded her status report by outlining
the goals of the work group, listing them as follows:
• Define and articulate the concerns of the Waste
and Facility Siting Subcommittee related to the
Superfund Redevelopment Initiative.
• Define the role of the subcommittee.
• Establish how the work group will interact with
OSWER.
• Define concrete ways to have a positive effect in
the areas of concern identified.
• Help achieve the goals of the NEJAC (gather a
broader range of opinions).
• Effectively integrate stakeholder concerns into
remedy selection.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Waste and Facility
Siting Subcommittee of the NEJAC.
4.1 Presentation on International City/County
Management Association Activities
Ms. Miller-Travis asked Ms. Molly Singer,
International City/County Management Association
(ICMA), to update the subcommittee on the activities
of her organization. Ms. Singer informed the
subcommittee that ah ICMA report on institutional
controls was to be released soon. The
recommendations set forth in the report are based
on four years of research, she noted. Ms. Singer
then reported that ICMA was working with the city of
Clearwater, Florida to develop a model
environmental justice plan for conducting effective
environmental justice and land use activities. Ms.
Miller-Travis asked when the model action plan
would be completed. Ms. Singer replied that the
model plan will be developed after the city of
Clearwater provides its views to ICMA. A draft plan
should be available within three months and a final
version of the plan should be available within a year,
she said. Ms. Miller-Travis asked that Ms. Singer
remain in contact with Mr. Benjamin.
4.2 Presentation on New Bethel Life, Inc.
Activities
Ms. Nelson presented information about the New
Bethel Life, Inc. organization. New Bethel Life, she
explained, is a community development corporation.
The organization, she continued, adheres to two
basic principles: (1) sustainable community
development and (2) ecological integrity and
environmental quality. Other principles of the
organization include high quality of life and public
participation, she added. A major environmental
initiative of the group is local worker training and
placement, said Ms. Nelson. She explained that
New Bethel Life strives to turn liabilities into assets.
To do so, the group identifies available sites,
performs data collection, and markets information
about viable sites to redevelopers. Ms. Nelson then
provided a slide presentation on a site in Chicago
that was redeveloped with the help of New Bethel
Life.
Mr. Wilson asked about the effect of the project on
the poor people who lived in the area before the
redevelopment project. Ms. Nelson replied that old
homes were renovated and new homes were to be
built. Ms. Miller-Travis asked Ms. Nelson to state the
demographics of the area. Ms. Nelson answered
that the area is 96 percent African American. She
also stated that membership of the board of directors
of the redevelopment project reflects the
composition of the community. Mr. Tano asked what
provisions had been made for home ownership. Ms.
Nelson responded that many programs, such as
"Sweat Equity" and cooperative housing
opportunities are in place to help facilitate home
ownership for residents of the area.
4.3 Update on the U.S. Environmental Protection
Agency Brownfields Job Training and
Development Demonstration Pilot Program
Ms. Myra Blakely, EPA OSPS, provided an update
on the EPA Brownfields Economic Redevelopment
Initiative Job Training and Development
Demonstration Pilot program. Exhibit 8-3 describes
the Brownfields Job Training and Development
Demonstration Pilot Program. To date, she reported
37 job training pilot projects are in place.
The pilot program establishes links with schools so
that participants can obtain two- and four-year
degrees. The majority of the jobs will be created as
a result of redevelopment efforts, Ms. Blakely
reported. Most of the job training pilots are funded
by the U.S. Department of Labor. Ms. Blakely
provided the following statistical information:
• 16 of 21 pilots reported 750 participants.
i
• 495 participants have completed training.
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Exhibit 8-3
BROWNFIELDS JOB TRAINING AND
DEVELOPMENT DEMONSTRATION PILOT
PROGRAM
In 1998, the U.S. Environmental Protection Agency
(EPA) launched a new element of its Brownfields
Economic Redevelopment Initiative to help local
communities take advantage of jobs created by the
assessment and cleanup of brownfields sites, and to
facilitate the cleanup of these sites - the Brownfields
Job Training and Development Demonstrate Pilot
program. Each job training pilot project, located
within or near a Brownfields Assessment
Demonstration pilot project, is designed to train
residents in communities effected by brownfields
sites. These skills then can be used for future
employment in the environmental field, including
conducting cleanups using innovative technology.
Each pilot project monitors the progress of the
trainees for at least one year as they seek
employment in the environmental field.
Each job training pilot project is awarded up to
$200,000 over a two-year period. Colleges,
universities, community job training organizations,
nonprofit training centers, states, counties,
municipalities, Federally recognized tribes, and U.S.
territories are eligible for the job training grants.
• 268 participants are employed in environmental
jobs.
• There are pilot programs in all 10 EPA regions.
In response to Ms. Miller-Travis' inquiry about
funding levels for the pilots, Ms. Blakely stated that
the pilots are funded at various amounts up to
$200,000. That amount of money allows trainees,
for example, to rent cars for transportation to work,
she noted. Childcare also is made available, she
added. Ms. Donna Gross McDaniel, Laborers-AGC
Education and Training Fund, then stated that job
training is important in the brownfields
redevelopment effort. She added that she believed
that there must be some way to provide continued
training. Ms. Blakely replied that EPA was exploring
the possibility of providing supplemental funding.
Ms. Nelson suggested that an interagency link be
established for funding. Mr. Taylor stated that
trainees often are placed in short-term jobs. Ms.
Blakely responded that the pilot programs are
working to encourage employers to provide
sustainable employment. Ms. Eady added that the
Commonwealth of Massachusetts is concerned
about tracking the pilot programs. Ms. Blakely
stated that the pilots are able to report their progress
accurately.
4.4 Update on U.S. Environmental Protection
Agency Social Siting Booklet
Ms. Karen Randolph, EPA Office of Solid Waste
(OSW), presented the final draft of the EPA Social
Aspects of Siting RCRA Hazardous Waste Facilities.
The booklet was developed at the request of the
Waste and Facility Siting Subcommittee of the
NEJAC to serve as a companion to the May 1997
brochure, Sensitive Environments and the Siting of
Hazardous Waste Management (HWM) Facilities.
The May 1997 brochure addressed technical issues
related to the siting of HWM facilities, where the new
booklet, she pointed out, focuses more sharply on
the social aspects of the siting of such facilities. The
booklet is intended to help industry and state, tribal,
and local government agencies develop an
increased awareness of communities' concerns
about quality of life that arise when decisions related
to siting are made about HWM facilities.
The next phase of the booklet project involves
distribution, said Ms. Randolph. The booklet will be
available on the Internet, she announced.
Mr. Benjamin thanked the members of the
subcommittee and the staff of OSW who had worked
on the booklet project. Ms. Miller-Travis asked
whether EPA would look to the document for
guidance. Mr. Shapiro responded that, with respect
to community involvement, EPA will use the booklet.
Ms. Patricia Hill Wood, Georgia Pacific Corporation,
suggested that the booklet should be distributed
widely.
4.5 Discussion of Socioeconomic Vulnerability
Mr. Michael Callahan, EPA Office of Research and
Development (ORD), discussed the topic of
cumulative risk. Mr. Callahan defined cumulative
risk as the combined risks posed by two or more
agents or stressors. Mr. Callahan expressed his
interest in learning the views of the members of the
Waste and Facility Siting Subcommittee about what
components should be included in a framework to be
developed on assessing cumulative risk. Ms. Miller-
Travis reviewed several points for the members of
the subcommittee who had not been present at the
Executive Council in December 1998 when the
subject was discussed. No community is exposed to
only one chemical or contaminant, she said. The
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question of how environmental protection is
considered in cases of multiple exposures is being
examined, she continued, and that a system or
method for the identification of synergistic effects is
needed. Mr. Callahan then stated that the document
to be developed would be a broad overview, similar
to an ecological framework document. The issue of
synergy will involve identifying those factors that are
important, he said. The primary audience of the new
framework document will be staff of EPA, he noted,
although, the document should serve people outside
EPA, as well. Mr. Callahan then pointed out that risk
assessment is a tool.
Ms. Eady asked when the draft document was
expected to be completed. Mr. Callahan replied that
the draft should be available in approximately 16
months. Ms. Eady also asked how EPA would
consider cross-media exposure. Mr. Callahan
answered that the framework would examine all
factors that affect the population. He stressed that
the framework will be a "science document," not a
"policy document."
Mr. Tano stated that the science of probability is
inexact at best. Mr. Callahan agreed that data
associated with risk assessment is uncertain. Mr.
Tano then asked whether, with respect to health
effects, the framework would focus on specific age
groups. Mr. Callahan replied that it would focus on
that issue.
Ms. Richardson asked how data would be validated
and what role local health departments would play.
Mr. Callahan responded that there is a science
aspect of probability and a policy aspect, for
example, the level of probability of harm is a policy
decision, he observed. Ms. Richardson responded
that policy and science must go hand-in-hand.
Ms. Miller-Travis asked how the peer review process
would take place under the framework. Mr. Callahan
responded that the first cycle of the process is the
gathering of questions from the appropriate
stakeholders. Ms. Miller-Travis asked whether
members of an affected community are stakeholders
in the process. Mr. Callahan replied that they are.
Ms. Miller-Travis then stated that the subcommittee
should continue to discuss the topic and should also
develop a mechanism for involving all the other
subcommittees of the NEJAC in the review of the
proposed framework.
4.6 Update on U.S. Environmental Protection
Agency Superfund Redevelopment Initiative
Mr. John Harris, EPA Office of Emergency and
Remedial Response (OERR), presented information
about the status of the Superfund Redevelopment
Initiative. Exhibit 8-4 describes the Superfund
Redevelopment Initiative. He reported that 10 pilot
Exhibit 8-4
U.S. ENVIRONMENTAL PROTECTION
AGENCY SUPERFUND REDEVELOPMENT
INITIATIVE
On July 23,1999, the U.S. Environmental Protection
Agency (EPA) announced the Superfund
Redevelopment Initiative, a coordinated national
effort to help communities redevelop formerly
contaminated Superfund sites and return them to use
as new parks, retail operations, and industrial
facilities. Through the initiative, EPA will help
communities convert environmental liabilities into
community assets. At every cleanup site, EPA will
ensure that there is an effective process and the
necessary tools and information needed to fully
explore future use are available before EPA
implements a cleanup remedy.
EPA has begun to implement the initiative on a
pilot-project basis to demonstrate and improve the
techniques it has developed after having studied the
redevelopment process at sites at which reuse
already has occurred. The Agency also is refining
policies; building partnerships; sharing information
about successful reuse; and informing local
governments, community groups, developers, and
other affected stakeholders about options available
in the redevelopment of Superfund sites.
For more information about the initiative, visit
EPA's Internet home page at
.
projects have been selected on a noncompetitive
basis since July 1999 and that one reuse plan has
been completed. Mr. Harris then stated that a
second-round competitive process had been
announced in December 1999. During that process,
56 proposals were received, and sites in 26 states
had been selected. The criteria used in evaluating
proposals included project strategy, budget,
Superfund cleanup phase, expected role of the
current or future site owner, expected role of the
state, and clearly identified additional value through
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the assistance of EPA, he continued.
Recommendations of proposals for acceptance were
to be made to Mr. Fields on June 6, 2000, he said,
and pilot awards would be announced in mid-June,
2000.
Upon finishing his status report, Mr. Harris asked the
members of the subcommittee to help identify the
need for a third round of pilot projects. Ms. Miller-
Travis agreed that the subcommittee would do so.
Mr. Harris asked how his office could reach potential
applicants. Ms. Miller-Travis then asked whether
PRPs know the process is available. Ms. Feiber
asked where to obtain information about the
initiative. Mr. Harris replied to Ms. Feiber that a "fair
amount" of information is available on the Internet.
Ms. Feiber then asked how post-record of decision
(ROD) activities would be addressed. Mr. Harris
responded that there is greater opportunity for pre-
ROD involvement.
4.7 Status Report on the Relocation Policy and
Forum
Ms. Suzanne Wells, EPA OERR and Ms. Pat Carey,
EPA OERR, presented a status report on the
relocation policy and forum. Exhibit 8-5 describes
background information about the relocation policy.
Exhibit 8-5
BACKGROUND INFORMATION ABOUT THE
RELOCATION POLICY
In January 1995, the Waste and Facility Siting
Subcommittee of the National Environmental Justice
Advisory Council (NEJAC) requested that the U.S.
Environmental Protection Agency (EPA) develop a
policy to be used in determining when citizens
should be relocated from residential areas near or
affected by Superfund sites. EPA initiated the
national relocation pilot project at the Escambia
Woodtreating Superfund Site in Pensacola, Florida.
EPA reviewed sites at which cleanups were
conducted in residential areas and solicited the views
of stakeholders by sponsoring a series of forums to
provide stakeholders the opportunity to share their
views and experiences.
In 1996 and 1997, reported Ms. Wells, seven forums
were held for representatives of industry; state and
local government; and public health, tribal,
environmental justice, and other agencies. She
explained that on June 30, 1999, the Interim Final
Policy on the Use of Permanent Relocations as Part
of Superfund Remedial Actions was issued, she
continued. The document, Ms. Wells continued,
discusses the circumstances under which
permanent relocation should be conducted as part of
cleanup at a site that is included on the National
Priorities List (NPL). The policy provides examples
of situations in which permanent relocation could be
considered, she said. The policy also stresses
community involvement in relocations, said Ms.
Wells.
A multistakeholder meeting was held in Washington,
D.C. in March 2000, continued Ms. Wells. The
meeting provided stakeholders the opportunity to
share their comments on both policy and
implementation issues. Characteristics of a
successful relocation were identified during the
meeting, she added.
The next steps in the development of the final policy
involve the completion of case studies, the
development of "mini-guidance" documents, the
conduct of outreach forums, and the implementation
of the guidance, said Ms. Wells.
4.8 Presentation by the U.S. Department of
Transportation on the Uniform Relocation
Act
Mr. Ronald Fannin, U.S. Department of
Transportation (DOT), and Mr. Reginald Bessmer,
DOT, presented information about the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970. Mr. Fannin explained that the
intent of the act is to solve problems affecting people
and reimburse the costs associated with moving.
This act, he explained, governs what the Federal
government can and cannot do in relocating people.
Information about the act can be found at
, they noted. Ms. Miller-Travis pointed out that
the act is the lawthat governs Superfund relocations.
4.9 Guidance for Reducing Toxics Loadings
The Air and Water Subcommittee held a joint
session with the Waste and Facility Siting
Subcommittee to discuss EPA's draft guidance for
the efforts of local areas to reduce levels of toxics.
Mr. Fields acknowledged the efforts of Ms. Dana
Minerva, Deputy Assistant Administrator of EPA
Office of Water (OW) and Mr. Robert Brenner,
Acting Deputy Assistant Administrator of EPA Office
of Air and Radiation (OAR) to reduce toxics loadings
in overburdened areas. He introduced a draft
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guidance proposed by EPA that is intended to
provide ideas and incentives to help states and
localities reduce levels of toxics in their communities.
He explained that the guidance describes a priority
process for approval of state implementation plans
(SIP) that include toxic reduction plans, financial
support for programs under which environmental
justice issues are addressed, and Federal
recognition of state and local programs intended to
reduce levels of toxic pollutants. He added that the
guidance also includes an appendix that describes
ways in which state and local governments can work
together to reduce pollution in their communities.
Mr. Fields asked members of the two
subcommittees for their comments. He asked that
they provide their opinions about whether the
guidance is adequate and complete and whetherthe
administrative benefits are sufficient to encourage
state, local, and tribal governments to participate in
achieving reductions in levels of toxics. He also
asked for additional incentives that may encourage
various sectors to participate. He asked that the
subcommittee review the guidance and provide
comments to Ms. Jenny Craig, EPA OAR, by June
30, 2000. Mr. Fields added that EPA would then
revise the guidance in response to comments
received and present the revised version to the
subcommittee for the next meeting of the NEJAC.
Ms. Nelson commented that the incentives currently
listed in the draft guidance "sound wonderful," but
stated that she would expect that many governments
will not participate. She asked whether there were
any regulatory mechanisms that could be used to
encourage participation. Mr. Fields responded that
the effort must be voluntary, since there currently is
no regulatory mandate to participate. He added that
EPA therefore must provide good incentives.
Ms. Rosa Hilda Ramos, Community of Catano
Against Pollution and member of the Air and Water
Subcommittee of the NEJAC, asked why the
guidance covers only hazardous ortoxic substances.
Ms. Craig explained that each EPA program uses a
different definition of hazardous and toxic
substances. She stated that, in the guidance, those
terms have a general meaning. Ms. Craig added
that the definitions of those terms would be stated in
the guidance.
Mr. Tano stated that, as EPA reviews risk factors
associated with toxic substances, the successes and
failures of reduction efforts can be measured.
Mr. George Smalley, Manager, Constituency and
Community Relations, Equiva Services LLC, served
as proxy for Ms. Clydia Cukendall, JC Penney and
member of the Air and Water Subcommittee of the
NEJAC, asked what sources of funding are available
to local municipalities for the replacement of diesel
buses with buses that run on alternative fuels, an
action recommended in the guidance. Ms. Craig
responded that EPA currently does not have grant
money available for that or other activities described
in the guidance. She emphasized that good
incentives are the key to making the voluntary
program work. Ms. Marianne Yamaguchi, Director,
Santa Monica Bay Restoration Project and member
of the Air and Water Subcommittee of the NEJAC,
added that resources are the greatest incentive.
She suggested that pilot studies be used to
"kickstart" the program, technical assistance training
be provided to governments on implementing the
program, and that efforts be made in direct outreach
to specific communities that are interested in the
program. Ms. Nelson asked that EPA consider
encouraging the pooling of the resources of various
government programs, for example, through Agency
partnerships. Mr. Fields agreed that the suggestions
made by the members of the subcommittee were
valuable.
Ms. Ramos commented that most of the pollution in
affected communities likely originates in industries
that probably would not participate in such programs.
Mr. John Seitz, Director, EPA OAR at Research
Triangle Park, responded that he is encouraged by
the positive outcome of the 3350 program, which
was the precursor of the Toxic Release Inventory
(TRI) voluntary reporting program. Mr. Leonard
Robinson, TAMCO and member of the Air and
Water Subcommittee of the NEJAC, expressed
agreement with Mr. Seitz.
Referring to local efforts to develop goals and
measure progress, Ms. Eileen Gauna, Professor of
Law, Southwestern University of Law, asked that
more guidance be provided to overburdened areas
that may need more aggressive strategies for
reducing levels of toxics than other communities.
Mr. Fields agreed that areas that are overburdened
may require more aggressive plans.
Ms. Wood stated that she understood the objective
of examining existing statutes and enforcing
environmental justice elements in those statutes.
However, she questioned the applicability of the
guidance to any particular region; it would be "in the
eye of the beholder" or the resident who lives in an
area, she said, whether his or her community is
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overburdened. Ms. Wood added that perhaps EPA
should focus the guidance on assessing the relative
burden of pollution in the communities.
Ms. Miller-Travis commented on the retrofitting of
diesel engines in New York City. She reported that
she had worked with EPA Region 2 and the state of
New York to encourage use of alternative fuels by
making public funding available. However, she
explained, the Metropolitan Transportation Authority
(MTA) had blocked their progress. She said that she
would like to use regulatory tools to bring MTA to the
table, but does not wish to create incentives to help
that agency take an action it had failed in the past to
take to comply with the law. Referring to the pilot
studies as suggested by Ms. Yamaguchi, Ms. Miller-
Travis also acknowledged that it is difficult to find a
source of funding, but financial help should not be
provided to MTA to take an action that should be
required of it. The money should be directed toward
implementation of innovative technologies, she
suggested.
To clarify the issue, Ms. Craig stated that the
guidance and financial support are not intended to
help industries or municipal agencies comply with
existing laws. She said that they are meant to
encourage voluntary efforts to "go above and
beyond" existing regulations, adding that compliance
with existing laws is assumed.
Ms. Eady said that her state had used provisions of
the National Environmental Policy Act (NEPA) to
prompt the transit authority to use alternative fuels.
Ms. Minerva addressed the issue of voluntary rather
than regulatory programs. She presented the
example of EPA OW's total maximum daily loads
(TMDL) program, which asks states to identify water
bodies that do not meet water quality standards.
She explained that EPA OW envisioned that, as
states identified their impaired water bodies, they
would take regulatory steps to ensure that the water
bodies meet water quality standards and take
additional voluntary steps to manage future growth
in neighboring communities. She stated that
regulatory compliance and voluntary efforts should
work together.
Mr. Wilson reported that while EPA laboratory
reports may indicate that water quality in an area
meets the maximum contaminant level (MCL), he
had noticed during his inspections of drinking-water
supplies in various Georgia counties that the results
are contradictory. He said that he had been told by
a technician for a drinking water unit that the water
was contaminated, but the concentrations of the
contaminants were not high enough to be
considered a problem. Yet, an African American
woman in that same community drew waterf ram the
faucet that bubbled in her glass. Ms. Minerva
responded that MCLs and TMDLs fall under different
EPA OW programs. She and Mr. Wilson agreed to
discuss the issue further after the subcommittee
meeting.
Ms. Minerva stated the EPA OW would be interested
in helping communities conduct a pilot study.
However, she acknowledged that funding is an
issue. She added that her office's incentives
primarily would encourage early response to issues.
Dr. Michel Gelobter, Graduate Department of Public
Administration, Rutgers University and chair of the
Air and Water Subcommittee of the NEJAC, asked
about financial help through National Permit
Discharge Elimination System (NPDES) or state
revolving funds. Ms. Minerva responded that EPA
had not given extensive consideration to the possible
use of those sources.
Mr. Tano noted that there are similarities between
the goals of the guidance and those of national and
international standard-setting organizations, such as
the International Standards Organization (ISO). He
suggested that there should be link between the
programs of such organizations and Federal
procurement policies, through which a local
government can become eligible for Federal
procurement if it receives a form of "certification."
Mr. Fields said that that form of 'Voluntary coercion"
would be considered as the draft guidance is
revised.
5.0 SUMMARY OF PUBLIC DIALOGUE
When Ms. Miller-Travis opened the floor to public
dialogue, the following comments were offered.
5.1 The Tri-State Environmental Council, Save
Our Community (SOC), inc.
Mr. Alonzo Spencer, Save Our Community, Inc.
(SOC), told the members of the subcommittee about
the Waste Technologies Industries (WTI) hazardous
waste incinerator located in East Liverpool, Ohio.
The incinerator accepts more than 200 mixed
chemical wastes brought in by rail and truck, he said.
Currently, the incinerator does not have a permit to
operate, and the owners of the incinerator are
seeking to renew the permit, charged Mr. Spencer.
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SOC, he continued, had been struggling for more
than 20 years against hazardous waste facilities.
WTI had changed ownership three times, violating
Ohio state law, he stated.
Ms. Terry Swearigen, SOC, then informed the
members of the subcommittee that two children
living in close proximity to the incinerator suffer from
rare forms of eye cancer. Contamination from the
incinerator is the suspected cause, she said. Ms.
Swearigen then requested that the Waste and
Facility Siting Subcommittee encourage the
Administrator of EPA not to renew WTI's operating
permit and asked that members of the subcommittee
attend a hearing concerning the incinerator that was
to be held in August 2000. Ms. Wood asked when
the permit had expired. Ms. Swearigen responded
that the permit became active in 1985 and expired in
1995. Ms. Miller-Travis asked Mr. Shapiro and Mr.
Fields to investigate the issue of the permit. Mr.
Shapiro stated his belief that EPA Region 5 currently
was investigating the matter. Ms. Miller-Travis
assured Mr. Spencer and Ms. Swearigen that the
subcommittee would follow-up on all actions taken
by EPA. In response to Ms. Swearigen's question
whether the subcommittee could work with the
ombudsman, Mr. Shapiro responded that it could.
Ms. Miller-Travis then asked Mr. Shapiro to facilitate
discussions with the ombudsman.
5.2 The Alabama African-American
Environmental Justice Action Network and
the Southern Organizing Committee for
Economic and Social Justice
Ms. Ann Smith, Ashurst Bar/Smith Community
Organization and Ms. Connie Tucker, Southern
Organizing Committee for Economic and Social
Justice and former member of the Waste and
Facility Siting Subcommittee, spoke to the
subcommittee about a landfill located in Tallapoosa
County, Alabama. Garbage from 18 counties is
dumped in the 30-acre unlined landfill, they reported.
The landfill is located in a community that is 98
percent African American, Ms. Smith said, adding
that EPA had not provided sufficient oversight of
state programs. Ms. Smith submitted to the
subcommittee a written statement describing various
other sites in counties in Georgia, Alabama, and
Louisiana that have concerns related to
environmental justice. When Mr. Benjamin asked
Ms. Smith what action she wished the subcommittee
to take, Ms. Smith responded that she would like the
subcommittee to launch an immediate investigation
of sites regulated under RCRA in the state of
Alabama, concentrating on both closed and
operating landfills. She also requested that the
subcommittee recommend that EPA contact the U.S.
Inspector General to conduct audits of the adequacy
and performance of state programs funded by EPA.
Ms. Nelson asked Ms. Smith whether the landfill in
Tallapoosa County, Alabama was open. Ms. Smith
responded that the landfill currently was closed, but
that an active effort was underway to obtain a permit
for the facility.
Ms. Gross McDaniel noted that the requests made
by Ms. Smith seemed very broad and asked for
more specific requests. Ms. Smith responded that
the requests were not very broad and reiterated her
request thatthe subcommittee recommend that EPA
inspect programs under RCRA conducted by states.
Mr. Fields interjected that OSWER can work with
EPA regions 4 and 6 to accumulate statistical
information about compliance with RCRA permits
and enforcement actions taken, with a focus on
Alabama, Georgia, Mississippi, and Texas.
Ms. Tucker added that she would like the
subcommittee to visit Louisiana and tour "Cancer
Alley." Ms. Miller-Travis responded that the
subcommittee could send a delegation as an
immediate response.
5.3 Cleanup Standards on Nomans Island,
Massachusetts
Mr. Jeff Day and Ms. Beverly Wright, Aquinnah
Wamanoag Tribe, presented information about the^
lack of cleanup standards on Nomans Island,
located in Weymouth, Massachusetts. While
Nomans Island is part of the South Weymouth Naval
Air Station, it was not included on the listing of the
naval air stations on the NPL, they explained. The
Massachusetts Department of Environmental
Protection was able to persuade the U.S.
Department of Defense (DoD) to conduct a limited
removal of exposed unexploded ordnance (UXO)
from the island, they continued. Mr. Day stated that
the surface removal did not remove UXO embedded
below the ground surface, below mean low tide, in
cliff faces, in coastal ponds, or in wetlands. A study
done by the Massachusetts Department of Public
Health for the years 1987 through 1994 found that
female residents of the town of Aquinnah (which
includes all 540 acres of tribal trust lands) had a
cancer rate that was 93 percent higher that than the
average rate for Massachusetts, he continued.
Contamination from Nomans Island is the suspected
cause, he said. The Aquinnah Wamanoag Tribe
believes there is a correlation between the cancer
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rates and carcinogenic materials known to be
present on Nomans Island, he stated. The tribe
would like EPA to conduct an investigation under the
provisions of the Clean Water Act and the Clean Air
Act, said Mr. Day.
Further, the Aquinnah Wamanoag Tribe would like
the Waste and Facility Siting Subcommittee to
support a recommendation that EPA intercede with
DoD to urge that Nomans Island be cleaned up and
to work with the Wamanoag Tribe in that process.
Ms. Miller-Travis compared the cleanup of Nomans
Island with that of the island of Vieques, Puerto Rico.
No cleanup standards have been set, she noted.
Ms. Eady informed the subcommittee that only
approximately one-third of all bombs on the island
actually had exploded. Because of the habitat and
wetlands on the island, the state of Massachusetts
does not want to explode the remaining UXO, she
continued. Further, she added, there is clear
evidence that people are using the island.
Institutional controls placed on the island are
ineffective, she observed.
Ms. Miller-Travis proposed that the subcommittee
draft a resolution recommending that EPA request
cleanup by DoD. The resolution would be presented
to the Executive Council of the NEJAC for
consideration, she noted. She also recommended
that the subcommittee continue its discussion with
the Aquinnah Wamanoag Tribe and work with the
Indigenous Peoples Subcommittee to address the
issue.
6.0 SIGNIFICANT ACTION ITEMS
This section summarizes the significant action items
adopted by the subcommittee.
The members of the subcommittee adopted the
following action items:
/ Continue to work with the WTS Work Group on
the development of the draft status report, EPA's
Municipal Solid Waste Transfer Station Action
Strategy.
/ Provide OSWER with points of contact for
informing the subcommittee about OSWER's
implementation of the BMPs presented in the
draft report, EPA's Municipal Solid Waste
Transfer Station Action Strategy.
Discuss with EPA Office of Environmental
Justice the development of a mechanism for
involving all subcommittees, through a
representative work group, in the ongoing
discussion of the cumulative risk framework.
Identify all actions taken by EPA Region 5 in
response to community concerns about
permitting issues related to the WTI incinerator
in East Liverpool, Ohio.
Recommend that EPA regions 4 and 6 develop
and provide to the Alabama African-American
Environmental Justice Action Network and the
Southern Organizing Committee for Economic
and Social Justice statistical information about
compliance with permits and enforcement
actions taken in those regions focusing on
Alabama, Georgia, Mississippi, and Texas.
Prepare for the approval of the Executive
Council a resolution requesting that EPA
intercede with DoD to urge that DoD cleanup
Nomans Island, Massachusetts and work with
the Wamanoag Tribe in that process.
Recommend to the Executive Council that a
resolution be developed to support the formation
of a NEJAC work group to assist ATSDR and
EPA in following public participation protocols
pertinent to issues of environmental justice and
to focus on bringing about resolution of issues of
concern to the community of Mossville,
Louisiana.
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MEETING SUMMARY
of the
JOINT SESSION OF THE HEALTH AND RESEARCH AND THE
WASTE AND FACILITY SITING SUBCOMMITTEES
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 25, 2000
ATLANTA, GEORGIA
Meeting Summary Accepted By:
Kent Benjamin
Office of Solid Waste and
Emergency Response
U.S. Environmental Protection
Agency
Designated Federal Official
Vernice Miller-Travis
Chair of Waste and Facility
Siting Subcommittee
Marine!le Payton
Chair of Health and Research
Subcommittee
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CHAPTER NINE
SUMMARY OF THE JOINT SESSION OF THE HEALTH AND RESEARCH
AND THE WASTE AND FACILITY SITING SUBCOMMITTEES
1.0 INTRODUCTION
The Health and Research Subcommittee and the
Waste and Facility Siting Subcommittee of the
NEJAC met in a joint session on the afternoon of
Thursday, May 25, 2000, to discuss the exposure
investigation of Mossville, Calcasieu Parish,
Louisiana, conducted by the Agency for Toxic
Substances and Disease Registry (ATSDR) in
November 1999. Invited guests (stakeholders)
participating in the joint session included
representatives of Mossville Environmental Action
Now (M.E.A.N.), GreenPeace International, the
Louisiana Department of Health and Hospitals
(LDHH), the Louisiana Department of Environmental
Quality (LDEQ), the Louisiana Chemical Association
(LCA), U.S. Environmental Protection Agency (EPA)
Region 6, and ATSDR. Exhibit 9-1 presents a list of
the stakeholders who attended the meeting and
participated in the discussion.
This chapter, which provides a summary of the
deliberations of the joint session is organized in four
sections, including this Introduction. Section 2.0,
Remarks, presents summaries of the remarks
offered by various speakers. Section 3.0,
Presentations, summarizes the presentations on
Mossville. Section 4.0, Question and Answer Period,
summarizes the questions by the members of the
subcommittee and the responses received.
2.0 REMARKS
Mr. Barry Hill, Director, EPA Office of Environmental
Justice (OEJ), and Mr. Kent Benjamin,
Environmental Justice Coordinator, EPA Outreach
and Special Projects Staff (OSPS), Office of Solid
Waste and Emergency Response (OSWER) and
Designated Federal Official (DFO) of the Waste and
Facility Siting Subcommittee of the NEJAC, served
as facilitators for the joint session. Mr. Benjamin
served as the DFO.
Mr. Hill opened the joint session by explaining that
the purpose of the session was to allow the
members of the subcommittee to gather from
stakeholders information about the Mossville
exposure investigation report so that the NEJAC
would be able to identify a meaningful approach to
addressing the environmental justice issues related
to the investigation and make appropriate
recommendations to EPA.
Exhibit 9-1
JOINT SESSION OF THE HEALTH AND
RESEARCH AND THE WASTE AND FACILITY
SITING SUBCOMMITTEES
Stakeholders
Who Attended the Joint Session
May 25,2000
Mr. Edgar Mouton and Ms. Dorothy Felix
Mossville Environmental Action Now
Dr. Pat Costner and Mr. Damu Smith
GreenPeace International
Mr. Jerry Clifford and Mr. Gregg Cooke
U.S. Environmental Protection Agency Region 6
Dr. Henry Falk, Dr. Ken Orloff, and Dr. Reuben Warren
Agency for Toxic Substances and Disease Registry
Dr. Joseph Sejud and Ms. Dianne Dugas
Louisiana Department of Health and Hospitals
Mr. Edward Flynn
Louisiana Chemical Association
Mr. Benjamin reviewed the agenda of the joint
session and urged participants to adhere to the time
schedule set forth in the agenda. He told the
audience that the joint session would unfold as a
discussion between the NEJAC and the panelists
that had been invited to address the subcommittees.
He reminded the audience that the public was invited
to observe the proceedings, but that observers would
not be permitted to participate in the discussion.
Dr. Marinelle Payton, Environmental-Occupational
Medicine, School of Public Health, Harvard
University Medical School and chair of the Health
and Research Subcommittee of the NEJAC,
welcomed the stakeholders to the joint session. She
noted that the joint session had been organized in
response to a request by Mr. Damu Smith,
Campaigner, GreenPeace International, that the
Health and Research Subcommittee review and
consider the Mossville exposure investigation. Dr.
Payton reiterated that the purpose of the joint
session was to allow the members of the two
subcommittees and the stakeholders the opportunity
to discuss the Mossville exposure investigation
report.
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Ms. Vemice Miller-Travis, Executive Director,
Partnership for Sustainable Brownfields
Redevelopment and chair of the Waste and Facility
Siting Subcommittee of the NEJAC, noted that, since
1996, the Waste and Facility Siting Subcommittee
had had discussions with representatives of
M.E.A.N. and residents of Lake Charles and
Calcasieu Parish, Louisiana that are formally on the
record through public comment periods of the
NEJAC. Continuing, she stated that the members of
the community had asked the subcommittee for
support and intervention. She emphasized that the
Waste and Facility Siting Subcommittee viewed the
joint session as a major step forward in the effort of
the subcommittee to respond proactively on behalf
of the NEJAC to the environmental justice issues
that have been brought to that body's attention by
members of the affected communities over the past
four years.
Mr. Jerry Clifford, Deputy Regional Administrator,
EPA Region 6, began the presentations by providing
a geographical description and background of the
community of Mossville. Mossville, he reported, is
located in Calcasieu Parish in the southwest corner
of Louisiana. He explained that, in 1997, the
population of Calcasieu Parish was approximately
180,000, according to records of the Bureau of the
Census, and that-the parish is some 1,000 square
miles in area. The community of Mossville, he
continued, has a population of approximately 900 to
1,000. Mr. Clifford noted that Mossville is an
unincorporated portion of Calcasieu Parish and is
located between the communities of Westlake and
Sulphur, Louisiana.
Mr. Clifford explained that there are more than 800
regulated facilities in Calcasieu Parish, noting that
some 200 of those facilities are relatively large
industrial operations. He stated that the industries in
the area include refineries; petrochemical facilities
that produce industrial organic chemicals; and
chemical preparation facilities.
Mr. Clifford stated that, according to Toxics Release
Inventory (TRI) data released by EPA in March 1999,
roughly 13,000 tons of volatile organic compounds
(VOC) are emitted each year by industrial facilities in
the Mossville area. More than 13 million tons of
hazardous waste are generated in Calcasieu Parish.
According to EPA's Emergency Response
Notification System, accidental releases from
industrial facilities result in the discharge of more
than 500,000 pounds per year of hazardous waste
into the environment, Mr. Clifford stated.
Mr. Clifford stated that significant chemical
contamination of the Calcasieu Estuary has
occurred. The most extensive release to the
estuary, he continued, was a five- to six-million-
gallon spill of ethylene dichloride into the estuary
between Lake Charles and Prien Lake, located south
of Mossville. Mr. Clifford stated that fish advisories
have been issued forthe Calcasieu Estuary because
of health considerations related to human ingestion
of bioaccumulated contaminants in fish and shellfish
harvested by local and commercial fishermen in the
estuary and waterways connected to it.
Mr. Clifford then stated that seven facilities regulated
under the Resource Conservation and Recovery Act
(RCRA) are subject to corrective action. He noted
that there was groundwater contamination at each of
those seven facilities. He added that a private party
had just begun cleanup at North Ryan Superfund
Site, a former coal gassification facility located in the
community of North Ryan. He stated that coal tar
was the primary contaminant of concern at the North
Ryan site.
3.0 PRESENTATIONS
This section summarizes presentations on Mossville.
3.1 Review of Findings Presented in the
Exposure Investigation: Calcasieu Estuary
(Mossville), Louisiana
Mr. Edgar Mouton, President, M.E.A.N., expressed
his appreciation to the members of the two
subcommittees for the opportunity to represent his
community by voicing the environmental problems
and needs of his community. He introduced Dr. Pat
Costner, Senior Scientist, GreenPeace International,
who provided a brief overview of her interpretation of
the findings in the Mossville exposure investigation,
which identified the presence of contamination with
dioxins and polychlorinated biphenyls (PCB) in the
community of Mossville.
Dr. Costner stated that the information collected by
ATSDR during the exposure investigation supported
the following conclusions:
• The average concentration of dioxins and PCBs
found in the blood of 28 residents of Mossville is
more than three times higher than the average
background level in the general population, as
represented by ATSDR's comparison group.
• On the basis of EPA's recent estimate of cancer
risks caused by background dioxin exposure of
the general population at 1 in 100 persons to 1
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in 1,000 persons, the cancer risks of Mossville
residents may average more than three times
higher than the risk among the general
population.
The dioxin levels detected in blood samples
from residents of Mossville indicate that the body
burdens of the residents are at levels consistent
with the occurrence of adverse health effects,
such as increased susceptibility to viral disease
and decreased sperm count. The adverse
health effects have been documented in studies
of several species of laboratory animals.
The profile of relative concentrations of the
seventeen most toxic dioxin congeners in blood
samples from residents of Mossville differed
substantially from that for ATSDR's comparison
group, suggesting that one or more local
sources of dioxin are contributing to the elevated
blood dioxin levels in residents of Mossville.
The blood levels of PCB congeners in residents
of Mossville are an average of 2.8 times higher
than the average levels found in ATSDR's
comparison group. Further, in a manner similar
to that for unique dioxin profile detected in blood
samples, the unique profile of the congener
types and concentrations of PCBs suggests that
one or more local sources of PCBs are
contributing to the elevated blood PCB levels in
residents of Mossville.
The total concentrations of dioxin and the total
concentrations of PCBs detected in blood
samples of the residents of Mossville appear to
be independent of one another, suggesting that
the chemicals may be released by different
sources.
Only one breast milk sample was collected and
analyzed for dioxin and PCBs. The total
concentration of dioxins and the concentrations
of PCB congeners detected in the breast milk
sample were 30 percent higher than the average
concentration in the general population of
nursing mothers in the United States from 1995
to 1997. That result supports the conclusion
that some infants living in Mossville may
experience higher prenatal and postnatal
exposure to dioxins than the average infant in
the United States.
Two eggs from chickens raised by residents of
Mossville carried concentrations of dioxins that
were some 50 percent higher than
concentrations measured in a supermarket egg
and 23 percent higherthan concentrations found
in eggs collected in an uncontaminated area in
the state of California.
• Concentrations of dioxins detected in soil
samples from the yards of three residences in
Mossville were an average of 17 times higher
than concentrations detected in rural soil
samples and an average of 1.5 times higher
than concentrations detected in urban soils from
various locations in the United States and
Canada.
Dr. Costner stated that, in general, GreenPeace
supports the recommendations made by ATSDR as
presented in the ATSDR exposure investigation
report, with the added provision that PCBs and other
dioxin-like chemicals be included in future
investigation activities. Exhibit 9-2 presents
recommendations set forth by ATSDR in the
exposure investigation report.
Dr. Costner further requested that ATSDR, EPA,
LDEQ, and other relevant entities take the following
actions, either working with the Mossville
Environmental Justice Work Group (coordinated by
ATSDR) or as a separate initiative, such as a
collaborative, interagency emergency effort taken in
consultation with the residents of Mossville. The
additional actions recommended, she stated, are:
• Identify and eliminate local sources of dioxin and
dioxin-like contaminants that are detected in the
blood and breast milk of residents of Mossville,
in the soils at their residences, and in their
common food sources.
• As sources of dioxins and dioxin-like
contaminants are identified and eliminated,
conduct all appropriate actions to reduce
exposure from any remaining reservoir sources,
such as soils and sediment. Appropriate actions
include full remediation of reservoir sources to
provide protection and preservation of the local
cultural and historical practices of home
gardening, animal husbandry, hunting, and
fishing.
• Relocate all residents who desire to move to
areas that are free of significant threats of
contamination by toxic substances.
• Issue a moratorium on new permits for activities
or enterprises that release dioxins, dioxin-like
chemicals, and other toxic chemicals into the
environment in or near Mossville.
Atlanta, Georgia, May 25,2000
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Joint Session of the Health and Research
and the Waste and Facility Siting Subcommittees
National Environmental Justice Advisory Council
Exhibit 9-2
RECOMMENDATIONS PRESENTED BY THE
AGENCY FOR TOXIC SUBSTANCES AND
DISEASE REGISTRY IN THE 1999 EXPOSURE
INVESTIGATION: CALCASBEU ESTUARY
In November 1999, the Agency for Toxic Substances
and Disease Registry (ATSDR) released a report on
the investigation of dioxin contamination in
Mossville, Calcasieu Parish, Louisiana. The purpose
of the investigation was to determine whether there
was sufficient evidence of increased exposure to
dioxins among the residents of Mossville.
Li the report, ATSDR set forth the following
recommendations:
• Evaluate potential pathways for human exposure
from environmental and dietary sources.
• Reduce human exposures to dioxin from the
significant exposure pathways identified.
• Further characterize the extent of dioxin exposure
in the community.
• Evaluate strategies to assess past exposures to
dioxin.
• Examine indicators of health status for the
community including statistics on the incidence of
cancer.
Source: U.S. Department of Health and Human
Services, ATSDR. 1999. Health Consultation
(Exposure Investigation): Calcasieu Estuary (AKA
Mossville), Lake Charles, Calcasieu Parish,
Louisiana. CERCLJS No. LA002368173.
In closing, Dr. Costner stated that the elimination of
dioxins and dioxin-like chemicals, such as PCBs, will
result in both positive and negative economic effects
in Mossville and nearby communities. She urged
that Federal and state agencies mitigate the
potentially negative economic effects by including
transition planning processes as an integral
component of any dioxin elimination strategy.
Mr. Mouton communicated the frustration felt by the
residents of Mossville that little action has been
taken to mitigate the environmental crisis taking
place in their community. He requested that the
residents of Mossville receive a relocation package
and asked that a health center be established in the
community to provide health consultation and
treatment. Mr. Mouton stated that the members of
M.E.A.N. believed that existing evidence is sufficient
to justify more aggressive action by the Federal and
state agencies on behalf of his community.
Ms. Dorothy Felix, Vice President, M.E.A.N., also
communicated her frustration with the lack of
progress by Federal and state agencies in actively
addressing environmental health issues affecting
Mossville. She then described for the members of
the subcommittees a pattern of stall tactics,
accusations, and insults directed at her organization
by the Federal and state agencies they had
approached for assistance.
Referring to the issue raised in the Mossville
exposure investigation report related to whether the
elevated levels of dioxins found in residents of
Mossville are the result of past or current exposures,
Ms. Felix stated, "We all know that it is both. My
grandparents were contaminated, and so were my
parents. I am still being contaminated, and so are
my children and my grandchildren."
Ms. Felix urged that Federal and state agencies stop
all insults, insinuations, and stall tactics and take an
active role in the cleanup of Mossville.
Ms. Felix identified the following requests that
M.E.A.N. wished to make of Federal and state
agencies:
• Request that LDEQ and EPA assist the
residents of Mossville in securing a relocation
action.
• Request that ATSDR continue the Mossville
Environmental Justice Work Group process.
• Request that ATSDR and LDHH establish an
environmental health clinic and provide health
services in Mossville.
Request that LDEQ and EPA deny all new
permits to facilities that have been proven to be
the worst polluters of the community of Mossville
until the facilities have installed the appropriate
equipment to prevent accidental releases.
• Request that LDEQ and EPA require that
polluting facilities install real-time air pollution
monitors.
• Request that all agencies advise M.E.A.N. as
soon as possible of their plans for addressing
the specific issues outlined by M.E.A.N. (Ms.
Felix added that such communications should
take place in personal meetings, rather than by
telephone conference calls.)
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National Environmental Justice Advisory Council
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In closing, Ms. Felix stated that M.E.A.N. will
continue asking for help until the organization
achieves environmental justice and respect for the
civil rights of the people of Mossville.
3.2 Report on the Activities of the U.S.
Environmental Protection Agency Region 6
in the Calcasieu Estuary
Mr. Clifford reviewed the resources and activities of
EPA Region 6 that are focused on addressing
various environmental and health issues in the
Calcasieu Estuary, including activities performed in
conjunction with other agencies. He stated that, as
a result of presentations made by residents of
Calcasieu Parish at the December 1997 meeting of
the NEJAC held in Durham, North Carolina, Mr. Sam
Coleman, Director, Compliance Assurance and
Enforcement Division, EPA Region 6, had increased
EPA's enforcement activities in the Calcasieu
Estuary area. Mr. Clifford stated that EPA had
significantly increased the number of inspections it
performed at facilities in Calcasieu Parish each year.
He noted that many of the EPA inspections are
multimedia inspections that include air, soil, and
water sampling. He pointed out that several
enforcement actions have resulted from the
identification of violations during the EPA
inspections. Mr. Clifford stated that LDEQ also had
increased the number of state inspections performed
each year, as well as the number of enforcement
activities.
Mr. Clifford stated that he had attended the May
1998 meeting of the NEJAC in Oakland, California,
where he listened to a presentation made to the
Waste and Facility Siting Subcommittee by residents
of Calcasieu Parish about flaring and accidental
releases by industrial facilities in their community.
He stated that the presentation had prompted him to
reevaluate the resources and activities that EPA
Region 6 directed at Calcasieu Parish. As a result,
EPA Region 6 stepped up its activities considerably,
he stated. He then listed activities EPA had
implemented since the May 1998 meeting of the
NEJAC, including:
• Quarterly meetings are held between EPA and
residents and community groups in the area to
discuss issues brought to the attention of EPA
by the community. ATSDR and LDEQ often
participate in the quarterly meetings with the
community.
• The quality of the drinking water provided by the
Mossville Public Water System was evaluated.
Samples of the drinking water were analyzed for
dioxin and VOCs. No contaminants were
detected at concentrations above maximum
contaminant levels (MCL) established under the
Safe Drinking Water Act (SOWA).
• EPA and LDHH performed a comprehensive
performance evaluation (CPE) of the Mossville
Public Water System, the first CPE of a
groundwater system in the country. Although
the water system was found to be in compliance
with SWDA standards, the CPE identified some
factors that limit performance. The operator of
the water system immediately began to correct
the limiting factors.
• A remedial investigation and feasibility study
(RI/FS) of the Calcasieu Estuary was performed.
Working closely with LDEQ; the Louisiana
Department of Natural Resources (LDNR); the
U.S. Geological Survey (USGS) of the U.S.
Department of the Interior (DOI); and the
National Oceanic and Atmospheric
Administration (NOAA) of the U.S. Department
of Commerce (DOC); EPA is conducting an
investigation of contamination of sediments in
the estuary and the potential for adverse effects
on human health and the environment resulting
from contamination. Sampling and analysis for
dioxin in fish tissue will be added to the
investigation in the future. The estimated cost of
the RI/FS of Calcasieu Estuary is $6 million.
• Air quality monitoring has been increased.
EPA's Enforcement Division has implemented
periodic trace atmospheric gas analyzer (TAGA)
mobile air monitoring to evaluate the presence
and concentrations of selected hazardous and
carcinogenic chemicals in Calcasieu Parish.
LDEQ has established two additional air toxics
monitoring sites at locations determined through
examination of air quality information collected
during the TAGA monitoring.
In addition, Mr. Clifford stated, EPA submitted to
ATSDR blood dioxin data that had been presented to
EPA at a public meeting in 1998. EPA urged
ATSDR to conduct its own evaluation of exposure to
dioxins, resulting in the conduct of the Mossville
exposure investigation by ATSDR in 1999.
3.3 Report on the Exposure Investigation:
Calcasieu Estuary (Mossville), Louisiana
Dr. Henry Falk, Assistant Administrator, ATSDR,
thanked the representatives of M.E.A.N. and
GreenPeace for their comments and acknowledged
their requests. Dr. Falk asked Dr. Ken Orloff,
Atlanta, Georgia, May 25,2000
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Joint Session of the Health and Research
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National Environmental Justice Advisory Council
ATSDR, to present an overview of the Mossville
exposure investigation and comment on the results
of the investigation. He explained that Dr. Orloff is a
senior toxicologist at ATSDR and was involved in the
Mossville study.
Dr. Orloff stated that EPA Region 6 had presented
blood dioxin data to ATSDR in the fall of 1998. He
explained that the blood dioxin data, which had been
collected by a law firm located in the Mossville area,
consisted of results of laboratory analyses of blood
samples collected from 11 residents of Mossville.
He stated that ATSDR evaluated those results and
determined that dioxin levels were elevated in three
of the blood samples. ATSDR determined that the
situation warranted further investigation, he said.
Continuing, Dr. Orloff stated that representatives of
ATSDR and LDHH traveled to Mossville to meet with
representatives of M.E.A.N., the Calcasieu League
for Environmental Action Now (C.L.E.A.N.), other
residents of Mossville, and other representatives of
community groups in Calcasieu Parish. He said that
the representatives of ATSDR and LDHH met with
the individuals whose blood dioxin results had been
high and with their families. As a result of those
discussions, ATSDR decided that there was
sufficient evidence to warrant an exposure
investigation, he said.
Dr. Orloff stated that ATSDR focused the exposure
investigation on the community of Mossville because
Mossville is a relatively small, geographically defined
area, attributes helpful in constructing a quantitative
study or investigation. The person whom the dioxin
tests determined had the highest blood dioxin level
among the individuals tested was a resident of
Mossville, he said.
ATSDR solicited the participation of residents of
Mossville and asked for their assistance in selecting
appropriate individuals to participate in the study,
continued Dr. Orloff. He said that the criteria applied
in selecting participants were that the participants be
adults and long-term residents of Mossville. ATSDR
also asked that the community screen out residents
who might have experienced occupational exposure,
he added. Dr. Orloff stated that the residents of
Mossville submitted a list of 28 individuals, all of
whom subsequently were included in the study.
Continuing, Dr. Orloff explained that the blood
samples were collected and delivered to the National
Center for Environmental Health Laboratory, the
Centers for Disease Control and Prevention's
(CDCP) laboratory in Atlanta, Georgia. When
ATSDR received the laboratory results,
representatives of ATSDR returned to Mossville,
where they conducted one-on-one consultations with
all the participants in the exposure investigation, he
said. He stated that representatives of ATSDR
explained the results to the participants and
answered their questions. At that time, ATSDR also
extended to each participant an opportunity to meet
with an independent board-certified physician from
the Association of Occupational and Environmental
Health Clinics to review the participant's medical
records and provide medical consultation, he
continued. The medical consultations were
conducted in the summer of 1999, he said.
Dr. Orloff explained that, at the time ATSDR
released the results to the exposure investigation
participants, the agency also issued a draft exposure
investigation report for a 60-day public comment
period. All public comments that were received by
ATDSR were addressed individually and appropriate
changes were incorporated into the final report in
response to those comments. The final report was
released in November 1999, he said.
Dr. Orloff then summarized the salient findings of the
report, stating that ATSDR agrees with many of the
remarks offered by Ms. Costner in her review of the
results. Specifically, ATSDR considered 17 of the 28
participants in the study to have significantly elevated
blood dioxin levels. The term "significantly elevated"
means that the blood dioxin levels of the individuals
exceeded a ninety-fifth percentile prediction level,
compared with ATSDR's comparison population, Dr.
Orloff explained.
Dr. Orloff then stated that ATSDR also agrees that
the profiles of dioxin congeners in the individuals
tested were different than those in the ATSDR's
comparison population. Therefore, there are
qualitative, as well as quantitative, differences in the
dioxin levels in certain individuals in the Mossville
community, he noted.
Regarding future activities in Mossville, Dr. Orloff
commented that the primary issue for ATSDR is to
determine whether exposure to contaminants is
ongoing. Commenting on data from the Mossville
exposure investigation, he stated that one significant
finding of the investigation was that all the individuals
exhibiting the highest blood dioxin levels were 47
years of age or older. That finding, he said, could
suggest that exposure of those individuals to dioxins
occurred in the past rather than recently.
Continuing, he stated that it is important to conduct
further testing to determine whether sources of
dioxin contamination remain present. Dr. Orloff
noted again that LDEQ currently was conducting
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National Environmental Justice Advisory Council
Joint Session of the Health and Research
and the Waste and Facility Siting Subcommittees
additional testing for dioxin in various environmental
media to determine whether there are current
sources of dioxin contamination in Mossville and
nearby communities.
In closing, Dr. Orloff commented that ATSDR had
made recommendations for addressing the health
concerns of the community. He informed the
participants that the recommendations were included
in the Mossville exposure investigation report.
After thanking Dr. Orloff, Dr. Falk stressed to the
participants that the Mossville exposure investigation
was a concrete step on the path to identifying and
defining the nature and extent of environmental
health issues in Mossville. He acknowledged,
however, that the exposure investigation was a
limited study because the investigation was based
on a small test population (28 persons) and a limited
number of samples directed at determining pathways
of dioxin exposure, such as breast milk or
homegrown food sources like vegetables and eggs.
Dr. Falk stated that further sampling should be
conducted in order to determine (1) whether other
residents of Calcasieu Parish have elevated blood
dioxin levels, (2) whether ongoing exposures to
dioxin are occurring, and (3) what are the pathways
for exposure to dioxin. He acknowledged that the
next steps should be designed in consultation with
the residents of Mossville. He also noted that
ATSDR is interested in linking its efforts with the
efforts of EPA.
In closing, Dr. Falk stated that he also looked
forward to improvements in the communication and
consultation processes between ATSDR and the
residents of Mossville and other community groups
in Calcasieu Parish. ATSDR welcomes the
suggestions for improving those processes, he said.
3.4 Report from the Louisiana Department of
Health and Hospitals
Dr. Joseph Sejud, Medical Consultant, Office of
Public Health, LDHH, explained that the role of
LDHH in responding to environmental data, such as
the data presented in the Mossviile exposure
investigation, is (1) to determine what the findings
suggest about public health and (2) to identify the
appropriate public health response.
Dr. Sejud stated that, throughout the progress of the
Mossville case, LDHH had grappled with the problem
of decision making under conditions of uncertainty
and dealing with scientific issues that are at the
forefront of environmental science and toxicology.
When attempting to assess the meaning of the
findings presented in the exposure investigation, he
explained, LDHH was responsible for considering,
with great prudence, the following questions and
issues related to the validity of the exposure
investigation results:
• The sample size considered in the exposure
investigation was limited; therefore, do the data
presented in the exposure investigation report
represent Mossville or Calcasieu Parish at
large?
• Are health benchmarks established in scientific
literature comparable to the dioxin data
presented in the exposure investigation report?
Dr. Sejud explained that LDHH had attempted to
compare the values in the exposure
investigation with established health benchmark
values for dioxin. However, dioxin levels in
humans increase with age because of their
bioaccumulative nature, he explained, and there
are age differences between the 28 individuals
sampled in Mossville and the comparison
population. Further, he said, the benchmarks
were based largely on animal research. He
stated that it is not the prerogative of LDHH to
act solely on the basis of animal research.
• Are the exposures to dioxin ongoing or historical,
or both?
Dr. Sejud stated that LDHH had been trying to
navigate through the uncertainty to plan its response
to the environmental health issues in Mossville and
Calcasieu Parish. He added that he also shared the
frustration voiced by other stakeholders with the
"glacial pace" of process thus far. He then
expressed his hope that the presence of LDHH at
the joint session would effect some change in that
regard.
Dr. Sejud stated that LDHH had planned a public
health response to the issues set forth in the
Mossville exposure investigation, adding that some
activities already were underway. He stated that
LDHH was responding through the following actions:
• Conducting a review of health statistics for
cancer and other health outcomes in Calcasieu
Parish.
• Performing a community health needs
assessment in the Mossville community.
Atlanta, Georgia, May 25,2000
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Joint Session of the Health and Research
and the Waste and Facility Siting Subcommittees
National Environmental Justice Advisory Council
Identifying a process for facilitating access to
health care in Mossville and the Calcasieu area
under the Children's Health Insurance Program
(CHIP) and the Medicaid Match Program in
Louisiana.
Referring to the request of Mr. Mouton, Ms. Felix,
and Ms. Costner for the establishment of a health
clinic in the Mossville community, Dr. Sejud stated
that no state funds were available to support the
establishment of a new health center. He explained
thatthe state of Louisiana was projecting a $3 million
deficit for the next fiscal year. Continuing, Dr. Sejud
stated that LDHH was the largest contributor to the
budget deficit and further that the largest cost to
LDHH was that for the provision of health care
services through the department's Medicaid Match
Program and the CHIP program.
3.5 Communication from the Louisiana
Department of Environmental Quality
Ms. Miller-Travis read aloud a letter from Mr. J. Dale
Givens, Secretary, LDEQ. The letter was dated May
25, 2000, and read as follows:
"Dear Ms. Miller-Travis: On behalf of the Louisiana
Department of Environmental Quality I wish to offer
our regrets for not being able to attend this
conference. The Louisiana legislature is currently in
session and there are numerous matters that require
that we be present during this session.
I would like to note .that we have been and are
currently working with our state and Federal
counterparts, as well as all of the stakeholders, to
address the environmental and health concerns
expressed by the communities in Calcasieu Parish.
We hope that you have a successful conference and
look forward to working with you in the future.
Sincerely, J. Dale Givens, Secretary, State of
Louisiana Department of Environmental Quality."
3.6 Report from the Louisiana Chemical
Association
Mr. Edward Flynn, Director, Health and Safety
Affairs, LCA, thanked the members of the two
subcommittees and the stakeholders for the
opportunityto represent the chemical manufacturers
of Louisiana at the session. Mr. Flynn explained that
LCA is a nonprofit corporation that represents 70
chemical manufacturers operating at 105 sites
throughout the state of Louisiana. He added that he
was attending the joint session specifically on behalf
of the Lake Charles Area Industry Alliance (LCAIA),
an alliance of 22 LCA companies that operate in
Calcasieu Parish.
Mr. Flynn commented that the LCA, as well as the
Chlorine Chemistry Council, had submitted to
ATSDR comments on the findings presented in the
exposure investigation report. Those comments, he
said, included:
• The Mossville exposure investigation did not
conclude that blood dioxin levels identified
through the exposure investigation indeed were
elevated, relative to the national reference
ranges.
• The Mossville exposure investigation did not
address possible historical or ongoing sources
of exposure to dioxin.
• The blood dioxin levels of residents of Mossville
did not appear to be unusual, with some dioxin
results falling above and some below the
ATSDR reference values. Further, he said, the
dioxin results set forth in the exposure
investigation report displayed a normal profile of
dioxin congeners. He noted that the profiles for
dioxin congeners normally observed in the
production of vinyl chloride and polyvinyl chloride
(PVC) and in PVC combustion are dissimilar
from the profile exhibited in the blood samples
tested for the Mossville exposure investigation.
• Although the findings were based on a limited
number of samples, the failure of the egg or the
soil samples to show significant levels of dioxin
suggests that current exposures to dioxins are
not elevated.
• Extensive environmental sampling of food
sources and media in the area and in nearby
areas should be conducted.
Mr. Flynn stated that additional sampling activities
should be focused first on determining whether blood
dioxin levels in residents of Mossville actually are
elevated.
Continuing, Mr. Flynn stated that representative
reference values for the population of the United
States, including age-dependent reference values for
dioxin levels, are not available. Therefore, all
stakeholders should support the efforts of the CDCP
to collect dioxin serum samples as part of the
National Health and Nutrition Examination Study
(NHANES). He informed the participants that such
data were expected to be available in fall 2000 and
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National Environmental Justice Advisory Council
Joint Session of the Health and Research
and the Waste and Facility Siting Subcommittees
stated that they should provide baseline reference
values appropriate for comparison with the Mossville
data,
Mr. Flynn then suggested that future sampling
should include samples of air, soil, and food sources
to complement the blood dioxin measurements.
Further, he continued, the congener profiles
displayed in all samples should be compared with
those identified through the EPA and U.S.
Department of Agriculture (USDA) surveys of beef,
pork, poultry, and fish and with the profiles displayed
in industrial emissions.
Mr. Flynn also suggested that additional information
about the health and lifestyles of the individuals
tested should be collected and evaluated further.
Such information should include job and residential
history so that other potential sources of exposure to
dioxin can be identified.
In closing, Mr. Flynn stated that the chemical
industry in Louisiana does hope to expand in the
future, but only with the support of the public. He
noted that the members of LCA are not "foreign,
faceless entities" but are Louisiana men and women
who live in Addis, Romeville, Convent, Plaquemine,
Sulphur, and Westlake, Louisiana. He stressed that
LCA has a genuine desire to improve conditions
throughout the state.
3.7 Additional Comments of Representatives of
GreenPeace, Mossville Environmental Action
Now, and the Calcasieu League for
Environmental Action Now
Mr. Damu Smith, GreenPeace International, argued
that Federal and state agencies repeatedly have
undermined and ignored the efforts and requests of
M.E.A.N. and other community groups in Calcasieu
Parish. As an example, he stated, ATSDR
repeatedly has ignored the requests made by
M.E.A.N. that the process for establishing and
conducting the work of the Mossville Environmental
Justice Working Group, a working group established
by ATSDR, be developed in consultation with
representatives of M.E.A.N. and residents of
Mossville and that members of affected communities
be included as members of the working group.
Referring to statements made by Mr. Clifford about
the quality of drinking water in Mossville, Ms. Pat
Hartman, M.E.A.N., said that the Mossville Public
Water System, the public water system evaluated by
EPA, was established only after it was determined
that the well water the residents had been drinking
was contaminated.
Ms. Monique Harden, Attorney/Community Liaison
Director, Earthjustice Legal Defense Fund, stated
that Dr. Falk had failed to repeat a statement in his
presentation that he had made previously in a
community meeting in Mossville. She said that Dr.
Falk had acknowledged at the community meeting
that the response of the agencies to the Mossville
community had been very poor. Ms. Harden also
said that Dr. Sejud had neglected to mention that
budget shortfalls at LDHH did not prevent that
department from writing letters to the local press in
which the department criticized the community of
Mossville and attacked a consultant to ATSDR who
concluded that local sources likely are responsible
for the high blood dioxin levels observed in residents
of Mossville.
Continuing, Ms. Harden stated that the
representatives of the agencies also had failed to
mention in their individual presentations a health
survey performed by Dr. Marvin Legator, Director,
Toxics Assistance Project, University of Texas
Medical Branch, Galveston, Texas. She stated that
the health survey had identified numerous illnesses
that are consistent with environmental exposure to
toxic chemicals among members of the Mossville
community. She added that the study suggests that
dioxin blood levels in residents of Mossville are
elevated.
4.0 QUESTION AND ANSWER PERIOD
After the presentations by stakeholders, Mr. Hill
initiated a question-and-answer period to allow the
members of the subcommittees to question the
stakeholders. Mr. Hill suggested that the members
of the subcommittees begin with questions related to
the requests made by Dr. Costner about the future
. investigation of exposure to dioxin.
Mr. Hill began the question-and-answer period by
asking Mr. Clifford what role EPA would play in
addressing Dr. Costner's requests. Addressing the
first three requests made by Dr. Costner, Mr. Clifford
stated that next steps to be taken by EPA, ATSDR,
LDEQ, and LDHH should be to work collaboratively,
in consultation with M.E.A.N. and C.L.E.A.N. and
other residents of Mossville and Calcaseiu Parish, to
establish a comprehensive environmental sampling
plan to determine whetherthere are ongoing sources
of exposure to dioxins and dioxin-like chemicals in
Mossville and, if so, to expeditiously identify the
primary sources of the exposures. Continuing, he
stated that, if sources of exposure were identified,
the third step would be to develop a plan for
eliminating those sources. Dr. Falk stated that he
concurred with the general plan recommended by
Atlanta, Georgia, May 25,2000
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Mr. Clifford. He then expressed willingness on
behalf of ATSDR to contribute to that process. He
also stressed that the community of Mossville will be
involved in the development of any plans to address
the issues of concern. Mr. Hill then asked if Mr.
Smith would be able to work with ATSDR and EPA
to develop a strategy to address Dr. Costner's
requests. Mr. Smith responded that he would work
with the agencies; however, he requested that
protocols be established to monitor how the
agencies would coordinate their responses among
themselves and how the agencies will communicate
with the local communities. He stressed that
protocols related to public participation will be
fundamental to proceeding on these issues. Dr.
Costner also wish to emphasize that it is important to
make the distinction between sources of dioxin and
pathways of exposure. For example, the results of
fish sampling will suggest whether or not the
ingestion of fish is an exposure pathway, but will not
identify the source of such exposure, she said.
Mr. Melvin "Kip" Holden, Representative, Louisiana
Legislature and member of the Waste and Facility
Siting Subcommittee, asked why LDHH does not
accept a correlation between test results of the
effects of toxics on animals to effects of toxics on
humans. Dr. Sejud explained that there is an
interspecies variability in the toxicity of dioxin. He
explained that LDHH does find correlations between
the results of animal studies and toxicology in human
species; however, the correlation related to dioxins
is not complete.
Dr. Payton asked whether there was a plan for
follow-up studies of the 28 persons included in the
initial study. Dr. Falk responded that ATSDR had
arranged to meet with each of the individuals who
participated in the study to discuss the results.
ATSDR also had arranged to provide medical
consultation for each of the individuals, he said. He
stated that ATSDR had not yet determined whether
further tests would be performed on the same test
individuals. He stressed that the issue should be
discussed during the development of a strategy for
furtherinvestigation. Dr. Payton commented that the
questions of validity that affect the results presented
in the initial study could be eliminated by performing
a follow-up study of the same individuals.
Dr. Payton asked whether the ages of the persons
included in the Mossville exposure investigation were
age-adjusted for comparison with the average of the
U.S. population. She commented that, if the dioxin
levels presented in the exposure investigation report
were age-adjusted, there should be no question of
whether the higher dioxin levels in older test
individuals were a result of bioaccumulation with
age. Dr. Payton also asked why children were not
included in the initial study, stating that dioxin data
from children could eliminate the question of whether
the results indicated past or current exposures.
Addressing Dr. Payton's first question, Dr. Falk
responded that there is no established national
average of dioxin blood levels for the United States.
He explained that the comparison values used in the
exposure investigation were derived from a series of
studies of comparison populations in the United
States over the past few years and did not represent
a national average. He added that those were
simply the best data available for comparison. On
the question of the testing of children to determine
whether there are current sources of exposure to
dioxin, Dr. Falk stated that he was not sure whether
comparison data for children are available. He
stressed that the issue should be discussed as a
possibility during planning for future investigations.
Ms. Jane Stahl, Deputy Assistant Commissioner,
Connecticut Department of Environmental Protection
and member of the Health and Research
Subcommittee of the NEJAC, asked the
stakeholders whether there was an expected date
for the establishment of a dioxin standard or action
level. Mr. Clifford referred her question to Dr. Dwain
Winters, EPA Region 6, who responded that EPA
does not have plans to establish an ambient
standard or action level for dioxin. He explained that
the principal pathway of exposure is ingestion of food
sources, rather than inhalation of ambient air or
ingestion of water. Therefore, he continued, the
establishment of a standard or action level is not the
mechanism by which EPA usually would begin to
address that type of pollutant.
Ms. Denise Feiber, Environmental Science and
Engineering, Incorporated and member of the Waste
and Facility Siting Subcommittee of the NEJAC,
asked whether the communities involved could
participate in the development of a sampling strategy
and, if so, how such consultation could be managed
efficiently. Dr. Falk responded that ATSDR would
consult with the community in developing a sampling
plan. Mr. Clifford referred the question to Ms. Pam
Phillips, Deputy Director, Super-fund Division, EPA
Region 6, who stated that EPA had been actively
involving the various communities in Calcasieu
Parish in the development of the Agency's sampling
plans. She explained that, before EPA conducted
sediment sampling in the Calcasieu Estuary, the
Agency held several community meetings and open
houses. During those events, she continued,
representatives of EPA discussed the draft approach
9-10
Atlanta, Georgia, May 25,2000
-------
National Environmental Justice Advisory Council
Joint Session of the Health and Research
and the Waste and Facility Siting Subcommittees
and considered comments from residents and
community groups. Ms. Phillips stated that EPA
pilot-tested the posting of the draft scope of work on
EPA's Web site so that interested parties could
download the document and provide EPA with
comments. She stated that EPA plans to conduct a
similar review process for the draft scope of work for
ecological sampling that will begin in summer 2000.
Ms. Phillips also stated that EPA plans to post the
raw data from sampling on the EPA web site and to
provide the data in electronic format on GD-ROM,
upon request.
Ms. Miller-Travis stated that participants in the joint
session had made many suggestions about actions
that must be taken to address the environmental
health issues in the Mossville area, but, she
observed, the stakeholders still lacked a concise
plan. She suggested that the stakeholders use the
remaining time to formulate, at the least, a "skeleton"
of a course of action to be taken after the meeting.
Concurring, Mr. Hill asked Mr. Smith whether he and
the representatives of M.E.A.N. and C.L.E.A.N.
would be willing to remain after joint session to
discuss the next steps directly with the Federal
stakeholders. Mr. Smith, Dr. Costner, and the
representatives of M.E.A.N. and C.L.E.A.N. also
agreed to remain after the joint session.
Mr. Neftali Garcia Martinez, Environmental Scientist,
Scientific and Technical Services and member of the
Waste and Facility Siting Subcommittee of the
NEJAC, asked whether any sampling of
environmental media (air, water, and soil) in the
Calcasieu Estuary had been completed. Mr. Clifford
responded that sampling to evaluate sediments in
Calcasieu Estuary began in December 1999. He
explained that EPA expected the results to be
available in mid-summer 2000. In addition, results of
the first analyses of fish tissue should be available in
July 2000, he said.
Mr. Martinez asked Mr. Clifford whether air sampling
for dioxin had been performed. He also asked
whether a study of the types of industries in the area
and the types of raw materials used in their chemical
processes, including combustion of hazardous
wastes, was being performed. He suggested that
such an inventory could identify possible sources of
exposure to dioxin. Mr. Clifford responded that EPA
currently was working with the state of Louisiana to
install new toxic air monitors specifically to monitor
dioxin in the Calcasieu Estuary. He noted that he.
expected the new monitors to be in place by the end
of summer2000. To the question about an inventory
of types of facilities and raw materials used by
facilities in the area, he responded that EPA collects
and maintains data on the types of chemicals
emitted from permitted facilities in Calcasieu Parish.
Ms. Stahl asked Mr. Clifford whether EPA or LDEQ
had assessed penalties for exceedances of the
ambient air quality standards (AAQS) and, if so,
whether the sums collected under those penalties
had been directed back to the community. Mr.
Clifford answered that the AAQS are state
standards. Therefore, he said, EPA has no authority
to assess penalties for violations of those standards,
he said. He added that he was unaware whether
LDEQ had assessed penalties for violations of
AAQS by facilities in Calcasieu Parish, or whether
LDEQ had directed sums collected under such
penalties back to the communities. Continuing, Mr.
Clifford stated that penalties had been assessed as
part of enforcement actions taken by EPA and
LDEQ. He commented that he expected that EPA
and LDEQ would assess more penalties in the
future, in light of the increased enforcement activity
in the Calcasieu Estuary.
Mr. Clifford also stated that EPA has a supplemental
environmental project (SEP) policy that allows EPA
the flexibility to offset a portion of a penalty assessed
against a facility if the facility chooses to contribute
that portion at the local level, whether at the facility or
in the community, to address a particular issue that
has a nexus to the particular violation. Mr. Clifford
noted that EPA had received some SEP proposals
related to the penalties assessed in Louisiana. He
added that EPA Region 6 had established an internal
work group on SEPs to work with communities to
identify a number of potential SEPs that could be
presented to companies during such enforcement
and settlement discussions.
Continuing, Mr. Clifford commented that the SEP
policy was not as broad as he would like it to be, so
that it would be helpful in addressing the situation in
Mossville. For example, he said, to use penalty
money to establish a health clinic would probably be
"a larger stretch" under EPA's SEP policy. Mr.
Clifford then asked Mr. Coleman whether, to Mr.
Coleman's knowledge, LDEQ had a similar SEP
policy. Mr. Coleman responded that LDEQ did have
a SEP policy and stated that the policy essentially
provided the same flexibility as EPA's SEP policy.
Mr. Coleman explained that LDEQ also had the
authority to establish environmental trust funds
through which funds provided by penalized facilities
could be drawn out by nonprofit organizations or
other organizations to support projects. Mr.
Coleman stated that LDEQ was pursuing SEP
projects in the Lake Charles area. Referring to the
use of LDEQ's SEP funds to fund a health clinic in
Atlanta, Georgia, May 25, 2000
9-11
-------
Joint Session of the Health and Research
and the Waste and Facility Siting Subcommittees
National Environmental Justice Advisory Council
Mossville, Mr. Coleman stated that he thought such
use was possible and suggested that the matter
should be discussed with LDEQ, LDHH, ATSDR,
and the residents of Mossville and nearby
communities.
Referring to Mr. Flynn's recommendation that future
sampling should include extensive sampling of air,
soil, and food sources to complement the blood
dioxin measurements, Ms. Miller-Travis stated that
she was troubled by the suggestion that such an
extensive and costly assessment must be performed
to accurately assess whether the residents in
Mossville are affected adversely. She asked Mr.
Flynn whether the LCA would be willing to provide
some of the funds necessary to complete such an
assessment. Mr. Flynn pledged to present her
suggestion to the management and board of
directors of LCA.
Ms. Peggy Shepard, Executive Director, West
Harlem Environmental Action, Incorporated and
member of the Health and Research Subcommittee
of the NEJAC, commented on the ethical
considerations raised when a health agency such as
LDHH is presented with data that indicate that
specific individuals have been exposed to a toxic
chemical, yet that agency takes no action. Ms.
Dianne Dugas, • Chief Epidemologist, LDHH,
responded that the state health officer in Louisiana
had directed LDHH to provide an inventory of
medical resources available in the area of the
Calcasieu Estuary. She said that LDHH had
estimated that there are some 300 physicians
located in that area. Continuing, she stated that
LDHH hoped to perform a community health needs
assessment, so that accessibility of health care to
residents can be established. However, she
continued, the state health officer had informed
LDHH that no funds are available to support the
establishment of a clinic for the specific treatment of
exposure to dioxin.
Dr. Sejud added that there is no particular treatment
for exposure to dioxin. Once dioxin is in the human
body, he said, it cannot be removed. Therefore, on
a public health level, treatment is prevention of future
exposures, he said. Dr. Sejud stated that it is simply
not known whether exposure to dioxin in Mossville is
linked to other health outcomes. On the issue of
access to health care, he said, LDHH is committed
to maximizing access to health care for all residents
of Louisiana. The community health needs
assessment that Ms. Dugas had mentioned is part of
that process, he said.
Referring to Ms. Shepard's comments about the
ethical obligations of LDHH, Ms. Veronica Eady,
Executive Office of Environmental Affairs,
Massachusetts Office of the Governor and member
of the Waste and Facility Siting Subcommittee of the
NEJAC, asked the representatives of LDHH to
discuss their ethical obligation to follow-up and act
when they are presented with data such as the
exposure to dioxin. Ms. Eady also asked the
representatives of LDHH what steps they had taken
since learning of the findings presented in the
Mossville exposure investigation.
Dr. Sejud acknowleged that the data presented in
the Mossville exposure investigation suggestthatthe
people in Mossville apparently have been exposed to
higher than average levels of dioxin. However, the
health implications of that finding are unknown, he
stated again. Therefore, he explained, the ethical
obligation of LDHH is to consider what the health
implications might be and to act accordingly.
Commenting on Dr. Sejud's response that the health
implications of the findings of the Mossville exposure
investigation are unknown, Dr. Payton stated that
many health outcomes have been linked to exposure
to dioxin, from neurological, dermatological, and
respiratory effects to all types of cancer. Continuing,
she stated that, in populations for which data indicate
that persons have been exposed to some level of
dioxin, it can be expected that there is great potential
for such health outcomes. Therefore, she declared,
there is an ethical consideration in that regard. Dr.
Sejud responded that current scientific literature
does not provide sufficient proof of the health effects
of exposure to dioxin at levels lower than 300 to 400
parts per trillion. Ms. Miller-Travis responded to Dr.
Sejud's statement by observing that, regardless of
whether conclusive scientific evidence exists, LDHH
cannot wait until hundreds of people are sick or
dying before the agency takes action. She reiterated
that the issue is an ethical one.
In closing remarks, Ms. Miller-Travis suggested, on
behalf of the NEJAC, that a working group of the
NEJAC, made up of members of the Health and
Research Subcommittee, the Waste and Facility
Siting Subcommittee, and the Air and Water
Subcommittee, be formed to discuss the
environmental justice and health issues affecting the
community of Mossville and to provide technical
assistance and expertise. She expressed her hope
that the community had felt "somewhat affirmed" in
the day's session. She added that there is much
work to be done and that the NEJAC must make a
commitment to working with the stakeholders to
resolve the issues before it.
9-12
Atlanta, Georgia, May 25, 2000
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APPENDICES
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APPENDIX A
FULL TEXT OF APPROVED
RESOLUTIONS
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RESOLUTION ON MERCURY EMISSIONS
WHEREAS, mercury is a known neurotoxin that cause serious neurological and developmental effects in
humans that include loss of sensory or cognitive ability, tremors, convulsions, and death; and
WHEREAS, mercury adversely impacts human health, the nation's air and water quality and the health
of the global environment; and
WHEREAS, coal-fired electric generating plants are the largest source of mercury emissions in the
United States; and
WHEREAS, human exposure to mercury most often occurs when people eat contaminated fish and
subsequently has a disproportionate impact on indigenous and people of color populations; and
WHEREAS, the National Academy of Sciences is preparing a health effects study of mercury; and
WHEREAS, the amendments to the 1990 Clean Air Act require that the U.S. Environmental Protection
Agency (EPA) make a finding that regulating mercury emissions from electric generating plants is
necessary and appropriate before EPA regulates mercury from coal-fired electric generating plants.
NOW, THEREFORE, BE IT RESOLVED that the NEJAC URGES:
the Administrator of the EPA to make a positive determination to regulate mercury emissions
from coal-fired electric power plants.
that the EPA request that the National Academy of Sciences incorporate an analysis of mercury
impact on indigenous and people of color populations.
that the EPA actively involve the NEJAC in subsequent steps following the Administrator's final
determination.
RESOLUTION ON CONFINED ANIMAL FEEDING OPERATIONS
WHEREAS large-scaled confined animal feeding operations (AFOs and CAFOs), including industrial-
sized hog operations, poultry, dairies and cattle finish lots pose a danger to the environment and public
health, threatening air quality, drinking water safety and fish stocks caught in rivers, while increasing pest
infestation and creating noxious odor and solid waste problems; and
WHEREAS rural, people of color, low-income communities as well as Indian country suffer a
disproportionate burden of the siting and expansion of AFOs and CAFOs; and
WHEREAS the EPA regulations governing AFOs and CAFOs need to be updated and strengthened; and
WHEREAS the EPA response to this environmental justice crisis has been erratic and sometime
unresponsive, with few long-term solutions offered; and
WHEREAS agribusinesses that build and operate AFOs and CAFOs can avoid stringent regulation by
constructing and expanding their facilities in locations where regulations may be weak; and
WHEREAS many agribusinesses that build and operate AFOs and CAFOs have refused to use the best
available technology and management practices to minimize pollution problems; and
WHEREAS CAFOs that regularly discharge to waters are presently required to have NPDES permits;
and
WHEREAS EPA's schedule will allow CAFOs to operate without adequate regulations until 2007 or
longer; and
A-1
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WHEREAS confinement houses normally emit large quantities of hydrogen sulfide, ammonia, VOCs,
dust and endotoxins to the air.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the National Environmental Justice Advisory
Council (NEJAC) urges the EPA to commit more resources to remedy pollution and environmental
justice problems associated with the siting and expansion of AFOs and CAFOs in low income
communities and in Indian country - problems that have impacted the health and quality of life of
persons living within the proximity of CAFOs.
BE IT FURTHER RESOLVED, that NEJAC urges EPA to take the following actions:
Issue a national moratorium on the construction and expansion of CAFOs that rely on lagoons
and land application fields as their primary waste disposal systems until the EPA can promulgate
and implement new, effective regulations and complete the permitting of unpermitted operations.
• Require the Offices of Air, Water and Enforcement to collaborate in regulation and enforcement
efforts and to provide a mechanism for public input in their regulation and enforcement efforts on
an ongoing basis, before issuance of notices in the Federal Register.
Require the EPA to provide equitable technical and financial support for tribal environmental
programs on parity with similar state-run program and, where tribes have not yet assumed such
responsibility, to protect tribal communities through direct implementation and enforcement of
the federal environmental laws within Indian country.
Require all NPDES permitting authorities - whether states, approved tribes, or EPA - to apply
properly the NPDES rules.
Have the Air Office conduct an analyses of its authority to protect communities from odor and
toxic emissions.
• Mandate groundwater monitoring of CAFOs.
• Incorporate community concerns in CAFO siting guidelines.
• Establish a CAFO hotline for reporting of violations of environmental laws to EPA.
• Aggressively audit facilities of CAFO owners with poor compliance records, particularly those in
environmental justice communities, to target them for shut down.
Protect the integrity of federal delegated authority by removing permitting authority from states
that flaunt the NPDES process on CAFOs.
RESOLUTION ON MULTIPLE CHEMICAL SENSITIVITY
WHEREAS, people throughout the world have developed a chronic condition, Multiple Chemical
Sensitivity (MCS), in response to a single massive exposure or repeated low level exposures to one or
more toxic chemicals and other pollutants in the environment; and
WHEREAS, there is no known cure for MCS and symptoms recur reproducibly with exposure to
offending chemical(s). The symptoms of MCS involve multiple organ systems and include asthma and
allergies, chronic fatigue, muscle and joint pains, memory loss and inability to concentrate,
gastrointestinal disturbances, respiratory and neurological problems; and
WHEREAS, MCS can cause major health, financial, employment, housing, and social consequences for
people who have this disability; and
WHEREAS, in 1994, the U.S. Environmental Protection Agency, American Medical Association,
American Lung Association, and the U.S. Consumer Product Safety Commission stated a consensus
opinion on MCS and, in 1999, researchers and clinicians reached a consensus definition of MCS; and
A-2
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WHEREAS, MCS is recognized by the Americans with Disabilities Act, Social Security Administration,
U.S. Department of Housing and Urban Development as well as other state and national government
agencies and commissions that support the health and welfare of the chemically injured; and
WHEREAS, reasonable accommodations, information about and recognition of MCS can provide
opportunities for people with this disability to enjoy access to work, schooling, public facilities and other
settings where they can continue to contribute their skills, ideas, creativity, abilities and knowledge; and
WHEREAS, people with MCS need the support and understanding of family, friends, co-workers and
society as they struggle with their illness and adapt to new life styles; and
WHEREAS, the health of the general population is at risk from chemical exposures that can lead to
illnesses and conditions that may be preventable through reduction or avoidance of chemicals in the air,
water, and food in both the indoor and outdoor environments;
NOW THEREFORE, BE IT RESOLVED THAT:
NEJAC urges EPA to work with other agencies to:
Establish disease registries and make MCS a "reportable condition". Investigate and report the
prevalence and incidence of MCS in minority communities and low income communities and
tribes, especially those heavily impacted by environmental pollutants;
Provide funding and programs to support increased understanding, education and research that
will aid in identifying causes, diagnosis, treatment, accommodation and the prevention of MCS;
Include MCS as a factor when setting standards and establishing regulations, especially with
regard to multiple exposures and cumulative effects from environmental chemicals;
Examine existing environmental laws and revise or add standards as appropriate to assure
protection from chemicals that cause initial sensitization and those that trigger existing
sensitivities;
Encourage states and other government and non-government entities to take regulatory and
voluntary actions, including notices and restrictions as necessary, to protect individuals with MCS
in the workplace, office, home and in public places;
Assure that accurate information on minority and low income populations is included in the final
version of the Interagency Workgroup report on MCS and other policy documents issued on the
matter of MCS;
Establish a fragrance-free policy for meetings and identify and utilize facilities that actively
attempt to reduce and minimize use of toxic chemicals, for example, that use non-toxic building
materials, cleaning agents and pest control measures.
RESOLUTION ON THE FEDERAL FACILITIES WORK GROUP OF THE EXECUTIVE COUNCIL
OF THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
WHEREAS the National Environmental Justice Advisory Council (NEJAC) has repeatedly heard public
testimony over the past seven years about environmental justice issues associated with federal facilities,
BE IT THEREFORE RESOLVED that the NEJAC establishes a Federal Facilities Working Group to
research, investigate and provide recommendations to the NEJAC on environmental justice issues
related to federal facilities.
A-3
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RESOLUTION ON THE DECISION TREE FRAMEWORK FOR COMMUNITY-DIRECTED
ENVIRONMENTAL HEALTH ASSESSMENT ================_=_=
Whereas, the U.S. Environmental Protection Agency is presently reviewing, designing, and evaluating
methods that will be used in the measurement of disproportionate impact, or disparate risk, used for the
determination of the Title VI claims;
Whereas, the National Environmental Justice Advisory Council Health and Research Subcommittee
identified as one of its initiatives, a community-based research tool in the form of a Decision Tree
Framework, as a'method for conducting community-based intervention and prevention health
assessments;
Whereas, the NEJAC Health and Research Subcommittee is developing the Decision Tree in partnership
with program offices, Office of Pollution Prevention and Toxics and the Office of Research and
Development;
Whereas, the NEJAC Health and Research Subcommittee formulated a Workgroup on Community
Environmental Health Assessment, composed of diverse individuals from various health professions and
community representatives, to strengthen linkages and take concrete steps towards the development and
dissemination of the Decision Tree;
Whereas, the Health and Research Subcommittee determined by consensus at the NEJAC meeting on
May 25,2000 that the level of funding resources for the design and the development of the Decision
Tree need to be identified;
Therefore, be it resolved that the NEJAC recommends and advises EPA to:
• Support the Decision Tree as a priority issue;
• Provide funding and appropriate resources for the design and development of the Decision Tree;
• Extend the term of the Work Group in order to maintain the continuity of, and ensure the
completion of the Decision Tree and any training materials to accompany the tool, and
dissemination of the tool to environmental justice communities.
RESOLUTION ON PERSISTENT ORGANIC POLLUTANTS
WHEREAS: The National Environmental Justice Advisory Council (NEJAC) recognizes that it is a policy
of the United States Government in keeping with its trust responsibility to provide certain services and
fulfill obligations of maintaining a policy of government-to-government relationship with federally
recognized tribes;
WHEREAS: The NEJAC recognizes that Tribal Councils preserve for themselves and their descendants
the inherent sovereign rights of their Tribal Nations, rights secured under Indian treaties and agreements
with the United States, and all other rights and benefits to which they are entitled under the laws and
Constitution of the United States to promote the welfare of their Tribal nation and preserve a safe and
healthy environment;
WHEREAS: Research has demonstrated that due to subsistence activities, and in many cases
geographical location, American Indian and Alaska Native populations are at higher risk of exposure to,
and are disproportionately impacted by, certain substances that are toxic, persistent and bioaccumulate
in the environment, the food web and in the human body;
WHEREAS: The United States Environmental Protection Agency has recognized health and
environmental effects of certain substances that are toxic, persistent and bioaccumulate, including
intentionally produced industrial chemicals such as PCBs and unintentional by-products, such as dioxins;
WHEREAS: Under the auspices of the United Nations, intergovernmental negotiations are taking place
for a global treaty to implement international action to eliminate and or reduce certain persistent organic
pollutants, (POPs). These include pesticides: aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex,
A-4
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toxaphene; industrial chemicals: hexachlorobenzene and polychlorinated biphenyls (RGBs); and
unintended byproducts: dioxins and furans. There is no longer any production or use in the United States
of any of the above pesticides. The first POPs selected as the initial targets for global action include
pesticides (aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex, toxaphene); industrial chemicals
(PCBs and hexachlorobenzene); and,
WHEREAS: Dioxins and furans, as well as PCBs and hexachlorobenzene, continue to be generated in
the United States as unintentional byproducts, and continue to be released to the environment in
quantities that can contribute to harmful health and environmental impacts.
WHEREAS: Large quantities of PCBs continue to be used in the United States in older electrical
transformers and other equipment. These sometimes break open and/or leak to the environment in
quantities that can contribute to harmful health and environmental impacts.
WHEREAS: Dioxin, PCBs and other POPs are present in contaminated soils and sediments at many
locations inside the United States. This poses special problems for nearby tribes such as the St. Regis
Mohawk (PCB contaminated St. Lawrence River sediments); the Oneida and Menominee Tribes (PCB
contaminated Green Bay and Fox River sediment); and various Alaska tribes who live near PCB
contaminated former US military sites. POPs escape into the air from contaminated soils and
sediments, and then return to earth and water at distant locations where they can then contribute to
harmful health and environmental impacts;
WHEREAS: The United States government through its Department of State and EPA have participated
in four of five Intergovernmental Negotiating Committee sessions with no consultation with American
Indian and Alaska Native tribes or villages on these health and environmental impacts that
disproportionately affect Indian peoples;
WHEREAS: On July 14,1999, Madeline K. Albright, Secretary of State, United States Department of
State, had a meeting with American Indian and Alaska native leaders and made a commitment to ensure
the Department of State consults and works in good faith with Tribes in matters of foreign policy that
impact Indians;
WHEREAS: Dioxins and PCBs are of particular concern to tribes in the United States and both are
widely present as contaminants at dangerous levels in the fish and the other wildlife that American
Indians and Alaska Natives eat. For example, 46 states have issued advisories against eating local fish
because of dioxin contamination. The average American adult receives as much as 300 to 500 times
the daily "safe" dose of dioxin through diet, and breast-feeding infants receive 50 times that amount.
Both dioxin and PCBs have been linked to serious health problems, including cancer, immune system
disruption, and reproductive and development problems, and
WHEREAS: The NEJAC is concerned about the elevated impact and greater health-risk that dioxin and
PCB contamination and other POPs contamination may have upon Tribal nations. We are concerned
that due to land-based and subsistence culture, Indian peoples have higher exposure rates and are at
higher health risk as compared to other non-Native populations.
NOW THEREFORE BE IT RESOLVED:
That the NEJAC is advising the United States, in the negotiation of the Global POPs Treaty, to support
treaty language that emphasizes reduction, pollution prevention and a gradual phase-out of dioxin-
producing materials and technologies, with an ultimate aim of the elimination of dioxin;
The NEJAC also requests that the US support treaty language to rapidly phase out all remaining uses of
PCBs; to destroy PCBs stocks; to cleanup soils and sediments contaminated by PCBs and other POPs
by means that do not, by themselves, generate and/or release POPs to the environment or create other
health or safety hazards;
The NEJAC further requests that the United States POPs treaty negotiating team consult with all
American Indian and Alaska Native tribes, before and throughout the entire international negotiations
process, on this important issue that affects the health, welfare, environment and overall survival of
Tribal nations in the US and indigenous peoples throughout the world.
A-5
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APPENDIX B
LIST OF MEMBERS OF THE
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
-------
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Alphabetical List of Members
2000
DESIGNATED FEDERAL OFFICIAL
Charles Lee
Associate Director for Policy and
Interagency Liaison
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC
2201 A)
Washington, DC 20460
Phone: (202)564-2597
Fax: (202)501-1163
E-mail: king.marva@epamail.epa.gov
Don J. Aragon -1 year
Wind River Environ. Quality Com.
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
Rose Marie Augustine - 2 years
Tucsonans for a Clean Environment
7051 West Bopp Road •
Tucson, AZ 85735-8621
Ph: (520)883-8424
Fax: (520) 883-8424
E-mail:
Luke W. Cole -1 year
Center on Race, Poverty & the Environ.
California Rural Legal Assistance
Foundation
200 McAllister, Room 315
San Francisco, CA 94102
Phone: 415/565-4637
Fax: 415/565-4865
E-mail: luke@crpesf.org
Fernando Cuevas, Sr. - 2 years
Farm Labor Organizing Committee
326 East Maple Street
Winter Garden, FL 34787
Ph: (407) 877-2949
Fax: (407) 877-0031
E-mail: flocflorida@aol.com
CHAIR
Haywood Turrentine -1 year
Executive Director
Laborers' District Council of Education
& Training
Trust Fund of Philadelphia & Vicinity
500 Lancaster Pike
Exton, PA 19341
Phone: (610)524-0404
Fax: (610)524-6411
E-mail: woodtur@aol.com
Other Members
Arnoldo Garcfa -1 year
Regional Community Organizer
Urban Habitat Program
5850 Picardy St.
Oakland, CA 94605
Phone: 415/561-3332
Fax: 415/561-3334
E-mail: agarcia@igc.apc.org
Michel Gelobter - 2 years
Rutgers University
Department of Public Administration
360 Martin Luther King Blvd., 7th Floor
Newark, NJ 07102
Phone: (973) 353-5093, ext. 18
Fax: (781) 394-4774 or (209) 927-4574
E-mail: gelobter@newark.rutgers.edu
Tom Goldfooth -1 year
Indigenous Environmental Network
P. O. Box 485
Bemidji, MN 56619-0485
Ph: (218)751-4967
Fax:(218)751-0561
E-mail: ien@igc.org
Pat Hill Wood - 3 years
Senior Manager
Federal Regulatory Affairs
Georgia Pacific Corporation
1875 Eye Street, N.W., Suite 775
Washington, DC 20006
Phone: (202)659-3600
Fax: (202)223-1398
E-mail: pkwood@gapac.com
VICE-CHAIR
Peggy M. Shepard
Executive Director
West Harlem Environmental Action Inc.
271 West 125th Street, Suite 211
New York, NY 10027
Phone: (212) 961-1000, ext. 303
Fax: (212)961-1015
E-mail: wheact@igc.org
Jennifer Hill-Kelly - 2 years
Oneida Environmental Health & Safety
Department
P. O. Box 365, 3759 W. Mason St.
Oneida, Wl 54155
Ph: (920) 497-5812
Fax: (920) 496-7883
E-mail: jhillkel@oneidanation.org
Annabelle Jaramillo -1 year
Office of the Governor
Room 160, State Capitol
Salem, OR 97310
Phone: (503)378-5116
FAX: (503) 378-6827
E-mail:
annabelle.e.jaramillo@state.or.us
Meghan Magruder, - 3 years
Hale and Dorr LLP
1455 Pennsylvania Ave., NW
Washington, DC 20004
Phone: Pending
Fax: Pending
E-mail:
meghan.magruder@ haledorr.com
Vernice Miller-Travis - 1 year
Director
Partnership for Sus. Brownfields Dev.
104 Jewett Place
Bowie, MD 20721
Phone: 301/218-3528
Fax: 410/338-2751
E-maiI:vdmt@ bellatlantic.net
* Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-governmental Organization
TI=Tribal/lndigenous
CG=Community Group EV=Environmental Group
SL=State/Local Government
-------
Harold Mitchell - 3 years
Director
Regenesis, Inc.
101 Anita Drive
Spartanburg, SC 29302
Phone: (864) 542-8420
Fax: (864) 542-4062
E-mail:
David Moore - 2 years
Mayor, City of Beaumont
Office of City Manager
P. O. Box 3827
Beaumont, TX 77704
Ph: (409)880-3716
Fax: (409)880-3112
E-mail:
Carlos M. Padfn - 3 years
Dean, School of Environmental Affairs
The Metropolitan University (UMET)
P.O. Box 21150
San Juan, Puerto Rico 00928-1150
Phone: 787/766-1717
Fax: 787/751-5540
E-mail:
Marinelle Payton -1 year
Harvard School of Public Health
134 Marlborough
Boston, MA 02116
Phone: (617)375-5793
Fax: (617)731-1541 or (617) 247-2147
E-mail:
payton_m @ Hub.TCH.Harvard.edu
Rosa Hilda Ramos -1 year .
Community of Catano Against Pollution
La Marina Avenue
Mf 6, Marina Bahia
Catafio, Puerto Rico 00962
Phone: 787/788-0837
Fax: 787/788-0837
E-mail: rosah@coqui.net
Peggy Shepard -3 years
West Harlem Environmental Action
271 West 125th Street, Suite 211
New York, NY 10027
Ph: (212) 961-1000
Fax:(212)961-1015
E-mail: wheact@igc.apc.org
Jane Stahl - 2 years
Assistant Commissioner
State of Connecticut
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Phone: 860/424-3009
Fax: 860/424-4054
E-mail: jane.stahl@po.state.ctus
Gerald Torres -1 year
University of Texas Law School
727 East Dean Keeton, Room 3.266
Austin, TX 78705
Ph: 512X471-2680
FAX: 512X471-0577
E-mail: gtorres @ mail.Iaw.utexas.edu
BobVarney -3 years
Commissioner
New Hampshire Department of
Environmental Services
6 Hazen Drive
Concord, NH 03302-0095
Phone: (603) 271-3503 or 271-8806
Fax:(603)271-2867
E-mail: rvarney@des.state.nh.us
Jana L. Walker - 3 years
Law Office of Jana L. Walker
141 Placitas Trails Road
Placitas, NM 87043
Phone: (505) 867-0579
Fax: (505) 867-0579
E-mail: ndnlaw@sprintmail.com
Jess Womack - 3 years
Senior Corporate Counsel
ARCOLaw
444 South Flower Street
Los Angeles, California 90071
Phone:(213)486-8780
Fax: (213)486-3969
E-mail:
Damon P. Whitehead -1 year
Earth Conservation Corps
P.O. Box 77263
Washington, D.C. 20013-7263
Phone :(202) 607-0864
Fax:(301)483-9779
E-mail: wpd7@yahoo.com
Tseming Yang - 3 years
Vermont Law School
Chelsea Street, Whitcomb House
South Royalton, VT 05068
Phone: 802/763-8303 ext 2344
Fax: 802/763-2663
E-mail: tyang@vermontlaw.edu
Expiration Dates:
1 year =12/31/2000
2 year =12/31/2001
3 years= 12/31/2002
* Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-governmental Organization
TI=Tribal/lndigenous
CG=Community Group EV=Environmental Group
SL=State/Local Government
-------
NEJAC AIR AND WATER SUBCOMMITTEE
List of Members
2000
DESIGNATED FEDERAL OFFICIALS
Alice Walker (co-DFO)
Office of Water
U.S. Environmental Protection Agency
401 M Street, SW (MC 4102)
Washington, DC 20460
Phone:(202)260-1919
Fax : (202) 269-3597
E-mail: walker.alice@epa.gov
Wii Wilson (co-DFO)
Office of Air and Radiation
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 6103)
Phone:(202)564-1954
Fax : (202) 564-1549
E-mail: wilson.wil@epa.gov
CHAIR
Michel Gelobter - 2 years *
RutgersUniversity
Department of Public Administration
360 Martin Luther King Blvd., 7th Floor
Newark, NJ 07102
Phone: (973) 353-5093, ext. 18
Fax: (781) 394-4774 or (209) 927-4574
E-mail: gelobter@newark.rutgers.edu
VICE-CHAIR
Pending Subcommittee Vote
Other Members
Elaine Barron - 2 years (CG)
Paso del Norte Air Quality Task Force
1717BrownBldg. IA
El Paso, TX 79936
Phone: (915) 533.-3S66
Fax : (915) 533-6102
E-mail:embarronmd @ usa.net
Clydia Cuykendall -1 year (IN)
J.C. Penney Co., Inc.
MS1104LegalDept.
6501 legacy Drive
Piano, Texas 75024-3698
Phone: (972)431-1290
Fax: (972) 431-1133 or 1134
E-mail: cjcuyken@jcpenney.com
Bunyan Bryant -1 years (AC)
University of Michigan, Dana Building
430 E. University
Ann Arbor, Ml 48109-1115
Phone: (734)769-4493
Fax: (734)936-2195
E-mail: bbryant@umich.edu
Daisy Carter - 2 years (CG)
Project Awake
Route 2, Box 282
Coatopa, Alabama 35470
Phone: (205) 652-6823
Fax: (205) 652-6823
Daniel S. Greenbaum - 2 years (NG)
Health Effects Institute
955 Massachusetts Avenue
Cambridge, MA 02139
Phone: (617) 876-6700, ext. 331
Fax: (617)876-6709
E-mail: dgreenbaum@healtheffects.org
Leonard Robinson -1 year (IN)
TAMCO
12459 Arrow Highway
P.O. Box 325
Rancho Cucamonga, CA 91739
Phone: (909) 899-0631, ext. 203
Fax: (909)899-1910
E-mail: RobinsonL@tamcosteel.com
Annabelle Jaramillo-1 year (SL)*
Office of the Governor
State of Oregon
Room 160, State Capitol
Salem, OR 97310
Phone:(503)378-5116
Fax: (503) 378-6827
E-mail: annabelle.e.jaramillo@state.or.us
Marianne Yamaguchi - 1 year (SL)
Santa Monica Bay Restoration Project
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Phone:(213)576-6614
Fax : (213)576-6646
Email: myamaguc@rb4.swrcb.ca.gov
* Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-govemmental Organization
CG=Community Group EV=Environmental Group
SL=State/Local Government TI=Tribal/lndigenous
-------
NEJAC Air and Water Subcommittee
List of Members
page 2
Rosa Hilda Ramos - 1 year (CG)*
Community of Catano Against Pollution
La Marine Avenue
Mf 6, Marine Bahia
Catano, Puerto Rico 00962
Phone: (787) 788-0837
Fax: (787) 788-0837
E-mail: rosah@coqui.net
Damon P. Whitehead -1 year (NG)*
Earth Conservation Corps
P.O. Box 77263
Washington, D.C. 20013-7263
Phone: (202)607-0864
Fax: (301)483-9779
E-mail: wpd7@yahoo.com
Expiration Dates:
1 year =12/31/2000
2 year =12/31/2001
3 years= 12/31/2002
' Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-govemmental Organization
CG=Community Group EV=Environmental Group
SL=State/Local Government TI=Tribal/lndigenous
-------
NEJAC ENFORCEMENT SUBCOMMITTEE
List of Members
2000
DESIGNATED FEDERAL OFFICIAL
Shirley Pate
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave., NW (2201 A)
Washington, DC 20460
Phone: (202)564-2607
Fax: (202)501-0284
E-mail: pate.shirley@epa.gov
ALTERNATE DESIGNATED FEDERAL OFFICIAL
Robert Banks
Office of Enforcement and Compliance Assurance
U. S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Washington, DC 20460
Phone: (202) 564-2572
Fax:(202)501-0284
E-mail: banks.robert@epa.gov
CHAIR
Luke Cole -1 year (NG) *
Center for Race, Poverty and the Environment
200 McAllister, Room 315
San Francisco, CA 94102
Phone: (415)565-4637
Fax: (415) 565-4865
E-mail: luke@crpesf.org
VICE-CHAIR
Savonala Home - 2 years (EV)
Land Loss Prevention Project
NC Central Univ.
1512 South Alston Ave., Rm. 205
Durham, NC 27707
Phone: (800) 672-5839 or (919) 688-5969
Fax: (919) 688-5596 or 929-2878
E-mail: savilipp@mindspring.com
Other Members
Delbert Dubois -1 year (CG)
Four Mile Hiberian Community Assoc., Inc.
2025 Four Mile Lane
Charleston, SC 29405
Home Phone: (843) 853-4548
Work Phone: (843) 792-2878
Fax: (843) 792-1741
Rita Harris -1 year (CG)
Community Living in Peace, Inc.
1373 South Avenue
/WempA;/s,TN38106
Phone/Fax: (901) 948-6002
E-mail: xundu@usa.net
Meghan H. Magruder- 3 years (IN)*
Kirkpatrick & Lockhart
1800 Massachusetts Ave., NW ,
Washington, DC 20036
Phone: (202) 778-9420
Fax:(202)778-9100
E-mail: mmagruder@kl.com
Zulene Mayfield- 2 years (CG)
Chester Residents Concerned for Quality Living
2731 West 3rd Street
Chester, PA 19013
Phone: (610)485-6683
Fax:(610)485-5300
E-mail: crcqh @ aol.com
Lillian Mood-1 year (SL)
SC Dept. of Health & Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone: (803) 898-3929
Fax: (803) 898-3942
E-mail: moodlh@columb30.dhec.state.sc.us
Gerald Torres -1 year (AC) *
University of Texas Law School
727 East Dean Keeton, Room 3266
Austin, TX 78705
Phone: (512)471-2680
Fax: (512)471-0577
E-mail: gtorres @ mail.law.utexas.edu
Robert W. Varney- 3 years (SL)*
Commissioner, New Hampshire Dept. of
Enivronmental Services
9 Hazen Drive
Concord, New Hampshire 03301
Phone: (603)271-3503
Fax: (603)271-2867
E-mail: rvarney@des.state.nh.us
Expiration Dates:
1 year = 12/3172000
2 year =12/31/2001
3 years= 12/31/2002
* Denotes NEJAC Executive Council Member AC=Academia
Group IN=lndustry NG=Non-governmental Organization
TI=Tribal/lndigenous
CG=Community Group EV=Environmental
SL=State/Local Government
-------
NEJAC HEALTH AND RESEARCH SUBCOMMITTEE
List of Members
2000
DESIGNATED FEDERAL OFFICIALS
Lawrence Martin
Office of Research and Development
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 8105) ,
Washington, DC 20460
Phone: (202) 564-6497
Fax: (202) 565-2926
E-mail: martin.lawrence@epamail.epa.gov
Chen Wen
Office of Toxic Substances
U. S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW(MC 7409)
Washington, DC 20460
Phone: (202)260-4109
Fax: (202) 260-0178
E-mail: wen.chen@epa.gov
Other
Don J. Aragon -1 year (T/l) *
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
Michael DiBartolomeis - 1 year (SL)
California EPA
Health Hazard Assessment
1515 Clay Street, 16th Floor
Oakland, CA 94612
Phone: (510) 622-3164
Fax: (510) 622-3218
E-mail: mdibarto@oehha.ca.gov
Lawrence J. Dark- 2 years (NG)
Columbia Willamette Area Health Education Center
19365 Southwest 65th Avenue
Tualatin, OR 97062
Phone:(503)281-1657
Fax: (503) 691-9588
E-mail:
Philip G. Lewis - 2 years (IN)
Rohm and Haas Company
100 Independence Mall West
Philadelphia, PA 19106-2399
Phone: (215) 592-3594
Fax: (215) 592-3665
E-mail: malt57l@rohmhaas.com
Carlos Porras -1 year (EV)
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
IN=Industry NG=Non-govemmental Organization SL=State/Local Government TI=Tribal/lndigenous
CHAIR
Marinelle Payton -1 year (AC)*
Harvard School of Public Health
134 Marlborough Street
Boston, MA 02116
Phone: (617)525-2731
Fax: (617) 731 -1541 or (617) 247-2147
E-mail: payton_mr@hub.tch.harvard.edu
VICE-CHAIR
Rose Marie Augustine-2 years (CG)*
Tucsonans for a Clean Environment
7051 West Bopp Road
Tucson, AZ 85735-8621
Phone: (520) 883-8424
Fax: Same as Phone
E-mail:
Members
Communities for a Better Environment
5610 Pacific Boulevard, Suite 203
Huntington Park, CA 90255
Phone: (323) 826-9771 ex. 109
Fax: (323) 588-7079
E-mail: cbela@igc.org
Peggy Shepard - 3 years (CG)*
West Harlem Environmental Action
271 West 125th Street, Suite 211
New York, NY 10027
Phone: (212)961-1000
Fax: (212)961-1015
E-mail: wheact@igc.apc.org
Jane Stahl-2 years (SL)*
Assistant Commissioner
State of Connecticut
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Phone: (860)424-3009
Fax: (860) 424-4054
E-mail: jane.stahl@po.state.ct.us
Jess Womack- 3 years (IN)*
Senior Corporate Counsel
ARCO Law
444 S. Flower Street
Los Angeles, CA 90071
Phone: (213) 486-8780
Fax: (213) 486-3969
E-mail: jwomack@mail.arco.com
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NEJAC INDIGENOUS PEOPLES SUBCOMMITTEE
List of Members
2000
DESIGNATED FEDERAL OFFICIAL
Daniel Gogal
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Washington, DC 20460
Phone: (202)564-2576
Fax: (202)501-0740
E-Mail: gogal.danny@ epamail.epa.gov
Alternate Designated Federal Official
Bob Smith
American Indian Environmental Office
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 4104)
Washington, DC 20460
Phone: (202) 260-8201
Fax: (202) 260-7509
E-mail: smith.bob @ epamail.epa.gov
CHAIR
Tom Goldtooth -1 year
Indigenous Environmental Network
P. O. Box 485
Bemidji, MN 56619-0485
Phone: (218)751-4967
Fax: (218)751-0561
E-mail: ien@apc.ipc.org
VICE-CHAIR
Jennifer Hill-Kelly - 2 years (TR)
Oneida Environmental Health & Safety
Department
P. O. Box 365
3759 West Mason Street
Oneida, Wl 54155
Phone: (920) 497-5812
Fax: (920) 496-7883
E-mail: jhillkel@oneidanation.org
Other Members
Brad Hamilton -1 years (SL)
State of Kansas
Office of Native American Affairs
1430 SW Topeka Blvd.
Topeka, KS 66612
Phone: (785)368-7319
Fax: (785) 296-1795
E-mail: bbhamilt@hr.state.ks.us
Sarah James -1 years (TR)
Council of Athabascan Tribal Government
P.O. Box 51
Arctic Village, Alaska 99722
Phone: (907)587-5999
Fax: (907) 587-5900
E-mail:
Charles Miller-1 years (NG)
Wendel, Rosen, Black and Dean
1111 Broadway, 24th Floor
Oakland, CA 94607
Phone: (510) 834-6600, ext. 484
Fax: (510)834-1928
E-mail: cms@charles-m-miller-aty.com
Moses Squeochs - 2 years (TR)
Confederated Tribes and Bands of Yakama
Nation
Yakama Nation Environmental Program
P.O. Box 151, Fort Road
Toppenish, WA 98948
Phone: (509)865-5121 Ext. 659
Fax: (509) 865-5522
E-mail: mose@yakama.com
Dean B. Suagee - 2 years (AC)
Vermont Law School
First Nations Environmental Law Program
Chelsea Street
South Royalton, VT 05068
Phone: (802) 763-8303 ext. 2341
Fax: (802)763-2940
Email: dsuagee@vermontlaw.edu
Jana L. Walker- 3 years (IN)
Attorney at Law
141 Placitas Trails Road
Placitas, NM 87043
Phone: (505)867-0579
Fax: (505) 867-0579
E-mail: ndnlaw@sprintmail.com
: Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-govemmental Organization
CG=Community Group EV=Environmental Group
SL=State/Local Government TI=Tribal/lndigenous
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NEJAC INTERNATIONAL SUBCOMMITTEE
List of Members
2000
DESIGNATED FEDERAL OFFICIAL
Wendy Graham
Office of International Activities
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2670R)
Washington, DC 20460
Phone: (202)564-6602
Fax: (202) 565-2408
E-mail: graham.wendy@epamail.epa.gov
CHAIR
Arnoldo Garcia -1 year (EV)*
Development Director
Urban Habitat Program
226341st Avenue
Oakland, CA 94601
Phone: (415)561-3332
Fax: (415)561-3334
E-mail: agarcia@igc.apc.org
VICE-CHAIR
Alberto Saldamando - 2 years (NG)
International Indian Treaty Council
2390 Mission Street, Suite 301
San Francisco, CA 94110
Phone: (415)641-4482
Fax: (415) 641-1298
E-mail: saldomando@hotmail.com
Other Members
Maria del Carmen Libran -1 year (AC)
Department of Horticulture
University of Puerto Rico-Mayaguez
G.P.O. Box 5000 College Station
Mayaguez, PR 00681-5000
Phone: (787) 832-4040, X2088
Fax: (787) 265-0860
E-mail: mjibran @ rumac.upr.clu.edu
Beth M. Hailstock-1 year (SL)
Cincinnati Department of Health
3101 Bumet Avenue-
Cincinnati, OH 45229
Phone: (513) 357-7206
Fax: (513) 357-7290
E-mail: beth.hailstock@chdbum.rcc.org
Fernando Cuevas - 2 years (NG)*
Farm Labor Organizing Committee
326 East Maple Street
Winter Garden, FL 34787
Phone: (407) 877-2949
Fax: (407) 877-0031
E-mail: flocflorida@aol.com
A. Caroline Hotaling - 2 years (CG)
Border Ecology Project
P.O. Drawer CP
Bisbee, AZ 85603
Phone: (520) 432-7456
Fax: (520) 432-7473
E-mail: bep@primenet.com
Albert P. Adams - 2 years (IN)
Piquniq Management Corporation
8221 Summerset Drive
Anchorage, AK 99801
Phone: (907)522-9313
Fax: (907) 349-2814
E-mail: senator_al_adams @ legis.state.ak.us
Robert Holmes -1 year (AC)
Community Center for Studies in Public Policy
Clark Atlanta University
James P. Brawley Drive at Fair Street, SW
Atlanta, G A 30314
Phone: (404)880-8089
Fax: (404) 880-8090
E-mail: scspp@cau.edu
Tseming Yang - 3 years (AC)*
Vermont Law School
Chelsea Street, Whitcomb House
South Royalton, VT 05068
Phone: (802) 763-8303 ext 2344
Fax: (802) 763-2663
E-mail: tyang@vermontlaw.edu
Expiration Dates:
1 year = 12/31/2000
2 year =12/31/2001
3 years= 12/31/2002
* Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-govemmental Organization
CG=Community Group EV=Environmental Group
SL=State/Local Government TI=Tribal/lndigenous
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NEJAC PUERTO RICO SUBCOMMITTEE
List of Members
2000
DESIGNATED FEDERAL OFFICIAL
Teresita Rodriguez
Caribbean Environmental Protection Division
U. S. Environmental Protection Agency
Centra Europa Building, Suite 417
1492 Ponce De Leon Avenue, Stop 22
Santurce, PR 00907-4127
Phone: 787/729-6951 Ext. 266
Fax: 787/729-6927
E-mail: Rodriguez.Teresita@epa.gov
CHAIR
Car/os M. Padin, Ph.D - (3) (AC) *
Dean, School of Environmental Affairs
The Metropolitan University (UMET)
P.O. Box21150
San Juan, Puerto Rico 00928-1150
Phone: 787/766-1717 ext.6412
Fax: 787/751-5540
E-mail: um_cpadin@suagm.edu
Other Members
Rosa Corrada, Esq. - (3) (SL)
Governor's Advisor on Infrastructure, Natural
Resources and Environmental Quality
La Fortaleza
P.O. Box 902-0082
San Juan, PR 00902-0082
Phone: 787/725-1984
Fax: 787/724-5743
Eris Del Carman Galan-Jimenez- (3 ) (EV)
COTICAM
P.O. Box 1391
Manati, PR 00674
Phone: .787/884-2110 ext. 45
Fax: 787/884-0212
E-mail: coticam@atenas.com
Iris Cuadrado Gomez- (1) (SL)
Special Assistant to the Mayor
Director Planning Dept
Municipality of Humacao
P.O. Box 178
Humacao, PR 00792
Phone: 787/852-3066
Fax: 787/850-6767
Juan C. Gomez-Escarce, Esq. - (2) (NGO)
Puerto Rico Chamber of Commerce
Fiddler, Gonzalez & Rodriguez
P.O. Box 363507
San Juan, Puerto Rico 00936-3507
Phone: 787/753-3113
Fax: 787/759-3108
E-mail: jgomez@fgrlaw.com
Efrain Emmanuelli Rivera - (2) (EV)
Comite Pro-Rescata del Ambiente de Guayannilla
Box 560082
Guayanilla, PR 00656
Phone: 787/835-7010
Fax: 787/835-0411
Jennifer Mayo, Esq. - (2) (SL)
EQB Board of Directors
Junata de Calidad Ambiental
P.O. Box 1148
Santruce, PR 00910
Phone: 787/767-8181
Fax: 787/754-8294
Rosa Hilda Ramos - (1) (CG) *
(currently on Air & Water Subcommittee)
Community of Catano Against Pollution
La Marina Avenue
Mf 6, Marina Bahia
Catano, Puerto Rico 00962
Phone: 787/788-0837
Fax: 787/788-0837
E-mail: rosah@coqui.net
Jose Cruz Rivera - (3) (CG)
Committee Opposed to the Establishment
of the Anasco Regional Landfill
P.O. Box 469
Anasco, PR 00610-0469
Phone: 787/249-7150
Fax:
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
IN=lndustry NG=Non-governmental Organization SL=State/Local Government TI=TribaI/lndigenous
-------
NEJAC Puerto Rico Subcommittee
List of Members for 2000
Page 2
Rafael Robert, Esq. - (2) (IN)
Regional Director, Public Affairs Government
Relations
Merck Sharp & Dohme
Plaza Scotia Bank - Suite 502
273 Ponce De Leon Avenue
San Juan, Puerto Rico 00917-1902
Phone: 787/756-7544
Fax: 787/758-3943
Grac/e/a /. Ramirez-Toro, Ph.D - (2) (AC)
Interamerican University of Puerto Rico
CECIA-UIPR
Call Box 5100
San German Campus
San German Puerto Rico 00683
Phone: 787/264-1912 ext. 7630
Fax: 787/892-2089
Michael Szendry, Ph.D - (3) (IN)
Bacardi Corporation
P.O. Box 363549
San Juan, Puerto Rico 00936-3549
Phone: 787/788-1500
Fax: 787/788-0340
(1) - Term expires - 12/31/2000
(2) - Term expires - 12/31/2001
(3) - Term expires - 12/31/2002
* Denotes NEJAC Council Member
AC = Academia
EV = Environmental Group
CG = Community Group
NG = Non-governmental Organization
SL = State/Local Government
IN = Industry/Business
T/I = Tribal/Indigenous
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
IN=lndustry NG=Non-governmental Organization SL=State/Local Government TI=Tribal/lndigenous
-------
NEJAC WASTE AND FACILITY SITING SUBCOMMITTEE
List of Members
2000
DESIGNATED FEDERAL OFFICIAL
Kent Benjamin
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5101)
Washington, DC 20460
Phone: (202) 260-2822
Fax: (202) 260-6606
E-mail: benjamin.kent@epa.gov
CHAIR
Vernice Miller- Travis 1 year (EV)*
Partnership for Sustainable Brownfields
Redevelopment
104 Jewett Place
Bowie, MD 20721
Phone: (410) 338-2512 Mon - Tue
Fax: (410)338-2511
E-mail: vdmt@bellatlantic.net
VICE-CHAIR
Veronica Eady. - 3 years (SL)
Executive Office of Environmental Affairs
Commonwealth of Massachusetts
100 Cambridge Street, 20th Floor
Boston, MA 02202
Phone: (617)626-1053
Fax: (617)626-1181
E-mail: veronica.eady@state.ma.us
Other Members
Denise D. Feiber- 2 years (IN)
Environmental Science and Engineering, Inc.
404 SW 140th Terrace
Newberry, FL 32669-3000
Phone: (352) 333-2605
Fax: (352) 333-6633
E-mail: ddfeiber@esemail.com
Lorraine Granado - 2 years (CG)
Cross Community Coalition
2332 E. 46th Avenue
Denver, CO 80216
Phone: (303) 292-3203
Fax: (303) 292-3341
E-mail: lorrgranado@yahoo.com
Pat Hill Wood- 3 years (IN)*
Senior Manager
Federal Regulatory Affairs
Georgia Pacific Corporation
1875 Eye Street, N.W., Suite 775
Washington, DC 20006
Phone: (202) 659-3600
Fax: (202) 223-1398
E-mail: pkwood@gapac.com
Melvin "Kip" Holden - 3 years (SL)
838 North Boulevard
Baton Rouge, Louisiana 70802
Phone: (225) 346-0406 or (225) 774-8017
Fax: (225)771-5852
E-Mail:
Michael Holmes -1 year (AC)
St. Louis Community College
Northside Education Center
4666 National Bridge
St. Louis, MO 63115
Phone: (314)381-3822
Fax: (314)381-4637
E-mail: mholmes@ccm.stlcc.cc.mo.us
Donna Gross McDaniel - 3 years (NG)
Laborers-AGC Education and Training Fund
P.O. Box 37
37 Deerfield Road
Pomfret Center, CT 06259
Phone: (860) 974-0800 ext. 109
Fax: (860) 974-3157
E-mail: dmcdaniel @ laborers-agc.org
Katharine B. McGloon - 3 years (IN)
Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Phone:(703)741-5812
Fax: (703)741-6812
E-mail: kate_mcgloon@ cmahq.com
Harold Mitchell- 3 years (CG)*
Director
Regenesis, Inc.
101 Anita Drive
Spartanburg, SC 29302
Phone: (864) 542-8420
Fax: (864) 542-8420
E-mail:
' Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-govemmental Organization
CG=Community Group EV=Environmental Group
SL=State/Local Government TI=Tribal/lndigenous
-------
NEJAC Waste and Facility Siting Subcommittee
List of Members for 2000
Page 2
Neftali Garcia Martinez - 2 years (EV)
Scientific and Technical Services
RR-2 Buzon
1722 Cupey Alto
San Juan, Puerto Rico 00926
Phone: (787) 292-0620
Fax: (787) 760-0496
E-mail: sctinc@caribe.net
David Moore - 2 years (SL)*
Mayor, City of Beaumont
Office of City Manager
P. O. Box 3827
Beaumont, TX 77704
Phone: (409) 880-3716 (Barbara)
Fax: (409)880-3112
E-mail:
Mary Nelson - 3 years (CG)
Bethel New Life, Incorporated
4950 West Thomas
Chicago, IL 60651
Phone: (773) 473-7870
Fax: (773) 473-7871
E-mail: mnelson367@aol.com
Brands Lee Richardson -1 year (NG)
Women Like Us '
P.O. Box 31003
3008 24th Place
Washington, DC 20030
Phone: (202)678-1978
Fax: (202)889-1917
E-mail: womenlikeusbr® hotmail.com
Mervyn Tano - 2 years (TR)
International Institute for Indigenous
Resource Management
444 South Emerson Street
Denver, CO 80209-2216
Phone: (303) 733-0481
Fax: (303) 744-9808
E-mail: mervtano@aol.com
Michael Taylor- 2 years (IN)
Vita Nuova
97 Head of Meadow
Newtown, CT 06470
Phone: (203)270-3413
Fax: (203) 270-3422
E-mail: taylorm@pcnet.com
Johnny Wilson -1 year (AC)
Clark Atlanta University
2518 Springdale Road, SW
Atlanta, GA 30315
Phone: (404) 880-8245
Fax: (404)880-8717
E-mail:
Expiration Dates:
1 year = 12/31/2000
2 year =12/31/2001
3 years= 12/31/2002
' Denotes NEJAC Executive Council Member AC=Academia
IN=lndustry NG=Non-govemmental Organization
CG=Community Group EV=Environmental Group
SL=State/LocaI Government TI=Tribal/lndigenous
-------
APPENDIX C
LIST OF PARTICIPANTS
1
-------
This page left intentionally blank
-------
Total: 536
May 2000 NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
List of Attendees
David Abbott
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9631
Fax: Not Provided
E-mail: abbott.david@epa.gov
Mary Abramb
Life Scientist
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30302
Phone: 404-562-8983
Fax: Not Provided
E-mail: abramb.mary@epa.gov
Darshan Acharya
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-3698
Fax: 404-727-8744
E-mail: darshanvision@hotmail.com
Navneet Ahluwalia
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-3698
Fax: 404-727-8744
E-mail: neetu@gwu.edu
Abena Ajanaku
Community Involvement
Coordinator/Environmental Justice Coordinator
Hazardous Waste Management Branch
Environmental Protection Division
Department of Natural Resources
205 Butler Street SE Suite 1162
Atlanta, GA 30334
Phone: 404-657-8688
Fax: 404-651-9425
E-mail: abena_ajanaku@mail.dnr.state.ga.us
Elmer Akin
Chief, Office of Technical Services
Waste Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW .
Atlanta, GA 30303-3104
Phone: 404-562-8634
Fax: 404-562-8628
E-mail: akin.elmer@epa.gov
Tim Aldrich, PhD MPH
Chief, Chronic Disease
Epidemiology Department
South Carolina Department of Health and
Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Constance Alexander
Outreach and Education Coordinator
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9382
Fax: 404-562-9343
E-mail: alexander.constance@epa.gov
Henry A. Anderson
Chief Medical Officer
Wisconsin Division of Public Health
1414 East Washington Avenue Room 96
Madison, Wl 53703
Phone: 608-266-1253
Fax: 608-267-4853
E-mail: Not Provided
Mable B Anderson
Village Creek Human and Environmental
Society
PO Box 8331
Birmingham, AL 35218
Phone: 205-791-9876
Fax: 205-716-1071
E-mail: Not Provided
Leah Annulis
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-3697
Fax: 404-727-8744
E-mail: lannuli@learnlink.emory.edu
Thomas M Armitage
Standards and Applied Science Division
Office of Water
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 4305)
Washington, DC 20460
Phone: 202-260-5388
Fax: 202-260-9380
E-mail: armitage.thomas@epa.gov
John A Armstead
Deputy Director
Environmental Services Division
Region 3
US Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103-2029
Phone: 215-814-3127
Fax: 215-814-2782
E-mail: armstead.john@epa.gov
Warren Arthur
Project Manager
Office of Environmental Justice
Region 6
US Environmental Protection Agency
1445 Ross Avenue Suite 1200 (6RA-DJ)
Dallas, TX 75202-2733
Phone: 214-665-8504
Fax: 214-665-7360
E-mail: arthur.warren@epa.gov
Rose M Augustine
President
Tucsonans for A Clean Environment
7051 West Bopp Road
Tucson, AZ 85735-8621
Phone: 520-883-8424
Fax: Not Provided
E-mail: Not Provided
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 2
Danielle Ayan
G1S Specialist
Fox Environmental
1900 Gleaton Road
Conyers, GA 30013
Phone: 777-922-9882
Fax; 603-462-9076
E-mail: d_ayan@hotmail.com
WDwight Bailey
Program Manager
Atlanta Regional Office
US Department of Energy
75 Spring Street SW Suite 200
Atlanta, GA 30303-3308
Phone: 404-562-0564
Fax: 404-562-0538
E-mail: dwight.bailey@ee.doe.gov
David B Baker
President
Community Against Pollution
1012 West 15»h Street
Anniston, AL
Phone: 256-236-6773
Fax: 256-236-6248
E-mail: Not Provided
Olivia Baiandran
Regional Administrators Office
Region 6
US Environmental Protection Agency
1445 Ross Avenue (6RA-DJ)
Dallas, TX 75202-2733
Phone: 214-665-7257
Fax: 214-665-6648
E-mail: balandran.olivia@epa.gov
Jerome Baiter
Public Interest Law Center of Philadelphia
125 South Ninth Street
Philadelphia, PA 19107
Phone: 215-627-7100
Fax: 215-627-3183
E-mail: Not Provided
Beverly Banister
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9345
Fax: 404-562-9318
E-mail: banister.beverly@epa.gov
Robert Banks
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2572
Fax: 202-501-0284
E-mail: banks.robert@epa.gov
Elvie Barlow
Environmental Scientist
Environmental Justice and Community Liaison
Program
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9650
Fax: 404-562-9664
E-mail: barlow.elvie@epa.gov
Elizabeth Bartlett
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9122
Fax: 404-562-9095
E-mail: bartlett.elizabeth@epa.gov
Betty Barton
Division of Water Resources
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9381
Fax: 404-562-8692
E-mail: barton.betty@epa.gov
Rolando Bascumbe
Associate Regional Counsel
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9562
Fax: Not Provided
E-mail: Not Provided
Jackita Bass
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8544
Fax: 404-562-8518
E-mail: bass.jackita@epa.gov
Tom Baugh
US Fish and Wildlife Service
1875 Century Boulevard
Atlanta, GA 30345
Phone: 404-679-7133
Fax: 404-679-7285
E-mail: springmeadow@mindspring.com
Kent Benjamin
Program Analyst
Outreach and Special Projects Staff
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5101)
Washington, DC 20460
Phone: 202-260-2822
Fax: 202-260-6606
E-mail: benjamin.kent@epa.gov
Lynorae Benjamin
Air Pesticides and Toxic Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9040
Fax: 404-562-9019
E-mail: benjamin.lynorae@epa.gov
Reginald Bessmer
Appraisal Specialist
Uniform Act Policy & Guidance Team
Federal Highway Administration
US Department of Transportation
400 7th Street SW
Washington, DC 20590
Phone: 202-366-2037
Fax: 202-366-3713
E-mail: reginald.bessmer@fhwa.dot.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page3
MaVynee Oshun Betsch
Black Rhino Vegetarian Society
5466 Gregg Street
American Beach, FL 32034
Phone: 904-277-2274
Fax: Not Provided
E-mail: Not Provided
Pamela Bingham
Research Engineer
Bingham Consulting Services
PO Box 8248
Silver Spring, MD 20907
Phone: 703-922-8870
Fax: 301-585-8911
E-mail: bingham.pamela@epa.gov
Debbie Bishop
Office of International Activities
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 261 OR)
Washington, DC 20460
Phone: 202-564-6437
Fax: 202-565-5412
E-mail: bishop.debbie@epa.gov
Ferial Bishop
Mayoral
Trash Transfer Site Selection Panel
3210 Chestnut Street NW
Washington, DC 20015
Phone: 202-686-1175
Fax: 202-244-1025
E-mail: Not Provided
Carl Blair
Regional Representative
Agency for Toxic Substances and Disease
Registry
61 Forsyth Street SW 10th Floor
Atlanta, GA 30303
Phone: 404-562-1786
Fax: 404-562-1790
E-mail: blair.carl@epa.gov
Myra Blakely
Workforce Strategist
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5105)
Washington, DC 20460
Phone: 202-260-4527
Fax: 202-260-6606
E-mail: blakely.myra@epa.gov
Elodia M Blanco
Concerned Citizens of Agriculture Street
Landfill
2938 Benefit Street
New Orleans, LA 70126
Phone: 504-947-0511
Fax: Not Provided
E-mail: emblanco2@aol.com
Jermane Bond
Service Training for Environmental Progress
PO Box 567 Station 17 VUMC
Nashville, TN 37232-8180
Phone: 615-385-5582
Fax: 615-298-9217
E-mail: jermane.m.bond@vanderbilt.edu
Robert W Bookman
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9169
Fax: 404-562-9164
E-mail: bookman.robert@epa.gov
Bob Borzelleri
Chief Deputy Director
California Department of Toxic Substances
Control
400 P Street 4th Floor
PO Box 806
Sacramento, CA 95812-0806
Phone: 916-322^0504
Fax: 916-327-4495
E-mail: bborzell@dtsc.ca.gov
Eve Boss
Lead Region Tribal Coordinator
Region 6
US Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75202
Phone: 214-665-8110
Fax: Not Provided
E-mail: boss.eve@epa.gov
Kerry Bowie
National Society of Black Engineers
12516 Audelia Road #2212
Dallas, TX 75243
Phone: 972-644-4517
Fax: 972-995-4435
E-mail: kerry.bowie@alum.mit.edu
Doris Bradshaw
Defense Depot Memphis Tennessee
Concerned Citizens Committee
1458 East Mallory Avenue
Memphis, TN 38106
Phone: 901-942-0329
Fax: 901-942-0800
E-mail: ddmtccc411@aol.com
Kenneth Bradshaw
Program Director
Defense Depot Memphis Tennessee
Concerned Citizens Committee
1458 East Mallory Avenue
Memphis, TN 38106
Phone: 901-942-0329
Fax: 901-942-0800
E-mail: ddmtccc411@aol.com
Raney Yvonne Branch
Emory University
PO Box 22299
Atlanta, GA 30322
Phone: 404-251-4024
Fax: Not Provided
E-mail: rybranc@learnlink.emory.edu
de'Lisa Bratcher
Public Accountability Specialist
Savannah River Operations Office
US Department of Energy
POBoxA
Aiken, SC 29802
Phone: 803-725-5351
Fax: Not Provided
E-mail: Not Provided
Jose T Bravo
Southwest Network for Environmental and
Economic Justice
1066 Larwood Road
San Diego, CA 92114
Phone: 619-461-5011
Fax: 619-461-5011
E-mail: tonali@pacbell.net
Robert Brenner
Deputy Assistant Administrator
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 4103A)
Washington, DC 20460
Phone: 202-564-1668
Fax: 202-505-0394
E-mail: brenner.robert@epa.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 4
Sue Briggum
Director
Government Affairs
Waste Management Inc
601 Pennsylvania Avenue NW Suite 300 North
Bdtg
Washington, DC 20460
Phone: 202-628-3500
Fax: 202-628-0400
E-mail: sue_briggum@wastemanagement.co
m
Richard S Bright
Associate Director, Community Relations
Center for Public Health Practice
Department of Community Health and
Prevention Plannning
Morehouse School of Medicine
720 Westview Drive SW
Atlanta, GA 30310-1495
Phone: 404-761-7973
Fax: 404-761-9599
E-mail: r-bright@mindspring.com
Aretha Brocket!
Staff Assistant
Office of Pollution Prevention arid Toxics
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7401)
Washington. DC 20460
Phone: 202-260-3810
Fax: 202-260-0575
E-mail: brockett.aretha@epa.gov •
Damon A. Brown
Office of Pollution Prevention and Toxics
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7406)
Washington, DC 20460
Phone: 202-260-2278
Fax: Not Provided
E-mail: brown.damon@epa.gov
Donald R Brown
Executive Director
People for Environmental Progress
1801 Sonoma Boulevard Suite117
Vallejo. CA 94590
Phone: 707-480-0154
Fax: 707-554-2874
E-mail: cbebuckett@igc.org
Ellen Brown
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 6103A)
Washington, DC 20460
Phone: 202-564-1669
Fax: Not Provided
E-mail: brown.ellens@epa.gov
Jimmy L Brown, PhD
NPU-O
Emory University
24 East Lake Drive, NE
Atlanta, GA 30317
Phone: 404-336-0705
Fax: 404-687-2791
E-mail: jimmybrownl @mailcity.com
Oscar Brown
Coordinator
Mclntosh E J Taskforce Inc
17975 Mounico Loop Road E
Mt. Vernon, AL 36560
Phone: ???-829-9973
Fax: Not Provided
E-mail: Not Provided
Sherry Brown-Wilson
Region 6
US Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75202
Phone: 214-665-8050
Fax: 214-665-2182
E-mail: brown-wilson.sherry@epa.gov
Bunyan Bryant
Professor
School of Natural Resources and Environment
University of Michigan
430 East University Dana Building
Ann Arbor, Ml 48109-1115
Phone: 734-763-2470
Fax: 734-963-2470
E-mail: bbryant@umich.edu
Sharunda Buchanan, PhD
Chief, Surveillance Section
Lead Poisoning Prevention Branch
National Center for Environmental Health
1600 Clifton Road NE (MS E25)
Atlanta, GA 30333
Phone: 404-639-1781
Fax: 404-639-2570
E-mail: sdb4@cdc.gov
Estelle Bulka
Office of Site Remediation Enforcement
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2273A)
Washington, DC 20460
Phone: 202-564-5111
Fax: 202-564-0091
E-mail: bulka.estelle@epa.gov
Robert D Bullard
Director
Environmental Justice Resource Center
Clark Atlanta University
223 James P Brawley Drive SW
Atlanta, GA 30314
Phone: 404-880-6911
Fax: 404-880-6909
E-mail: ejrc@cau.edu
William Burkhart
Manager, Environmental Government
Relations
Corporate Health, Safety, and Environment
The Procter & Gamble Company
11310 Cornell Park Drive
Cincinnati, OH 45242
Phone: 513-626-4411
Fax: 513-626-1678
E-mail: burkhart.wt@pg.com
Juanita Burney, RHIA MPA CPHQ
Coordinator
Richmond County (GA) Health Department
,U.S.
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Pages
Bill Burns
Environmental Awareness Foundation
P.O. Box77116
Atlanta, GA 30357
Phone: 404-572-9592
Fax: Not Provided
E-mail: eafl 00@mailcity.com
Josephine Byas
Team Trainer
CARAT Team
Coalition of Black Trade Unionists
United Auto Workers
1023 Larkspur Street
Jackson, MS
Phone: 601-362-3315
Fax: 601-924-4503
E-mail: Not Provided
Kevin Cahill
Director, Government & Community Affairs
Solutia Inc
PO Box 66760
St. Louis, MO 63166-6760
Phone: 314-674-7518
Fax: 314-674-1585
E-mail: kscahi@solutia.com
Mike Callahan
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 8623-D)
Washington, DC 20460
Phone: 202-564-3201
Fax: 202-565-0077
E-mail: callahan.michael@epa.gov
Cassander Campbell
CARAT Team
Coalition of Black Trade Unionists
United Auto Workers
1513 Wabash Avenue
Flint, Ml 48504
Phone: 810-233-4317
Fax: Not Provided
E-mail: Not Provided
Ray Campion
President
Mickey Leland National Urban Air Toxics
Research Center
P. O. Box 20286
7000 Fannin Suite 700
Houston, TX 77225-0286
Phone: 713-500-3448
Fax: 713-500-0345
E-mail: rcampion@sph.uth.tmc.edu
Pat Carey
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5204G)
Washington, DC 20460
Phone: 703-603-8772
Fax: 703-603-9100
E-mail: carey.pat@epa.gov
Steve Carmichael
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9374
Fax: 404-562-9343
E-mail: carmichael.steve@epa.gov
David Carpenter
Professor
School of Public Health
University of Albany
1 University Place
Rensselaer, NY 12144
Phone: 518-525-2660
Fax: 518-525-2665
E-mail: carpent@cnsvax.albany.edu
Connie Carr
Region 3
US Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103
Phone: 215-814-3147
Fax: 215-814-30001
E-mail: carr.cornelius@epa.gov
Gary Carroll
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201 A)
Washington, DC 20460
Phone:. 202-564-2404
Fax: 202-501-0740
E-mail: Not Provided
Brandon E. Carter
Federal Facilities Restoration & Reuse
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5106)
Washington, DC 20460
Phone: 202-260-8302
Fax: 202-260-5646
E-mail: carter.brandon@epa.gov
Daisy Carter
Director
Project Awake
Route 2 Box 282
Coatopa, AL 35470
Phone: 205-652-6823
Fax: 205-652-6823
E-mail: Not Provided
Deborah Carter
Environmental Protection Specialist
Environmental Justice and Community Liaison
Program
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9668
Fax: 404-562-9664
E-mail: carter.deborah@epa.gov
Shakeba Carter-Jenkins
Assistant to the Environmental Justice
Coordinator
Region 2
US Environmental Protection Agency
290 Broadway, 26th Floor
New York, NY 10007
Phone: 212-637-3585
Fax: 212-637-4943
E-mail: carter-jenkins@epa.gov
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
PageB
Johnny Casmore, Jr
Exxon Mobil Corporation
PO Box 3311
Beaumont, TX 77704
Phone: 409-757-1792
Fax: 409-757-3840
E-mail: johnny_casmore@email.mobil.com
Mary Helen Cervantes-Gross
Chief
Public Outreach Branch
Region 2
US Environmental Protection Agency
290 Broadway
New York, NY 10007
Phone: 212-637-3675
Fax: 212-637-4445
E-mail: cervantes.mary@epa.gov
Deborah Chapman
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard
Chicago, IL 60604
Phone: 312-886-4579
Fax: Not Provided
E-mail: chapman.deborah@epa.gov
Larry Charles, Sr.
Executive Director
ONE/CHANE Inc
2065 Main Street
Hartford, CT 06120
Phone: 860-525-0190
Fax: 860-522-8266
E-mail: lcharles@snet.net
Lucio Chen
Technical Information Specialist
National Library of Medicine
National Institutes of Health
8600 Rockville Pike
Building 38A (35308)
Bethesda, MD 20894
Phone: 301-496-5684
Fax: 301-480-3537
E-mail: chenl@mail.nlm.nih.gov
John Chiaramonte
Director
Government Affairs
Olin
511 Castlewood Trail
Chattanooga, TN 37421
Phone: 423-510-9622
Fax: 423-510-9805
E-mail: jjchiaramonte@corp.olin.com
Sheila Clark
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard
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May 2000 NEJAC Meeting
List of Attendees
Page?
Monica Abreu Conley
New York Department of Environmental
Conservation
50 Wolf Road Room 611
Albany, NY 12233-1040
Phone: 518-457-6558
Fax: 518^57-6996
E-mail: mlconley@gw.dec.state.ny.us
Katsi Cook
Akwesasne Mohawk Nation
226 Blackman Hill Road
Berkshire, NY 13736
Phone: 607-657-8583
Fax: 607-255-0185
E-mail: Not Provided
Gregg A Cooke
Regional Administrator
Region 6
US Environmental Protection Agency
1445 Ross Avenue Suite 1200
Dallas, TX 75202-2733
Phone: 214-665-2100
Fax: 214-665-6648
E-mail: cooke.gregg@epa.gov
Michael Corbin
Attorney at Law
The Corbin Law Firm PC
1718 M Street NW Suite 299
Washington, DC 20036
Phone: 703-897-1577
Fax: 703-897-9767
E-mail: mcorbin@cpcug.org
Cecil Corbin-Mark
Program Director
West Harlem Environmental Action
271 West 125th Street No 211
New York, NY 10027
Phone: 212-961-1000
Fax: 212-961-1015
E-mail: wheact@igc.apc.org
Jason Corburn
Department of Urban Studies and Planning
Massachusetts Institute of Technology
77 Massachusetts Avenue Room 9-314
Cambridge, MA 02139
Phone: 617-253-2025
Fax: 617-253-7402
E-mail: jasontc@mit.edu
Pat Costner
Senior Scientist
Greenpeace International
PO Box 548
Eureka Springs, AR 72632
Phone: 501-253-8440
Fax: 501-253-5540
E-mail: pat.costner@dialb.greenpeace.org
Ann Coyle
Office of Regional Counsel
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard (C-14J)
Chicago, IL 60604
Phone: 312-886-2248
Fax: 312-886-0747
E-mail: coyle.ann@epa.gov
Marvin Grafter
Wollfolk Citizens Response Group
PO Box 899
901 Edward Street
Fort Valley, GA 31030
Phone: 912-822-9714
Fax: 912-822-9444
E-mail: Not Provided
Jenny Craig
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 6103A)
Washington, DC 20460
Phone: 202-564-1674
Fax: 202-564-1557
E-mail: craig.jeneva@epa.gov
Frankie Grain
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-3697
Fax: 404-727-8744
E-mail: fcrain@emory.edu
Sarah Craven
Sierra Club
1447 Peachtree Street Suite 305
Atlanta, GA 30309
Phone: 404-888-9778 ext. 223
Fax: 404-832-0136
E-mail: lasierra@mindspring.com
Vena Crichlow-Scales
Office of Minority Health
Georgia Department of Community Health
2 Peachtree Street Room 15-262
Atlanta, GA 30303-3159
Phone: 404-463-3450
Fax: 404-657-2769
E-mail: vscales@dch.state.ga.us
Ethel L Crisp
Environmental Protection Specialist
Waste Peticides and Toxics Division
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard (DM-7J)
Chicago, IL 60604-3590
Phone: 312-353-1442
Fax: 312-353-6519
E-mail: crisp.ethel@epa.gov
Elizabeth Crowe
Chemical Weapons Working Group
PO Box 467
Berea, KY 40403
Phone: 859-986-0868
Fax: 859-986-2695
E-mail: kefcrowe@acs.eku.edu
Fernando Cuevas
Vice President
Farm Labor Organizing Committee
326 East Maple Street
Winter Garden, FL 34787
Phone: 407-877-2949
Fax: 407-877-0031
E-mail: flocflorida@aol.com
Daisy Kathleen Curry
Regional Superfund Ombudsman
Waste Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW 10th Floor
Atlanta, GA 30303-8909
Phone: 404-562-8660
Fax: 404-562-8566
E-mail: curry.kathleen@epa.gov
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Pages
Lawrence Dark
Columbia Willamette Area Health Education
Center
19365 SW 65th Avenue Suite 204
Tualatin, OR 97062
Phone: 503-318-5432
Fax: 503-691-9588
E-mail: Idark@orednet.org
Juan Davila
Environmental Engineer
Environmental Remedial & Response Division
Region 2
US Environmental Protection Agency
290 Broadway
New York, NY 10007-1866
Phone: 212-637-4341
Fax: 212-637-3256
E-mail: Not Provided
Katharine Dawes
Evaluation Support Division
Office of Policy, Economies, and Innovation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC1802)
Washington, DC 20460
Phone: 202-260-8394
Fax: 202-260-3125
E-mail: dawes.katherine@epa.gov
JoffDay
Ranger, Natural Resources
Wampanoag Tribe of Gay Head Aquinnah
20 Black Brook Road
Gay Head, MA 02535-9701
Phone: 508-645-9265 ext. 161
Fax: 508-645-3790
E-mail: ranger@vineyard.net
Rebecca Dayries
Community Outreach Coordinator
Tulane Environmental Law Clinic
6329 Freret Street
New Orleans, LA 70118
Phone: 504-865-5787
Fax: 504-862-8721
E-mail: rdayries@law.tulane.edu
Diane Dennis-Flagter
Environmental Health Scientist
Agency for Toxic Substances and Disease
Registry
31 Sutton Place
Avondale Estates, GA 30002
Phone: 404-286-8404
Fax: 404-639-6207
E-mail: dflagle@ibm.net
Michael J DiBartolomeis
Office of Environmental Health Hazard
Assessment
California Environmental Protection Agency
1515 Clay Street 16th Floor
Oakland, CA 94612
Phone: 510-622-3164
Fax: 510-622-3218
E-mail: mdibarto@oehha.ca.gov
Mildred Dix
Volunteer Coordinator
SWEDCO
2298 Boulevard Granada SW
Atlanta, GA 30311
Phone: 404-753-5877
Fax: Not Provided
E-mail: Not Provided
Warren Dixon
On-Site Coordinator
Waste Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8739
Fax: Not Provided
E-mail: dixon.warren@epa.gov
Randy Dominy
Florida Pesticides Project Officer
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-8996
Fax: 404-562-8973
E-mail: dominy.randy@epa.gov
Kevin Donovan
Corrective Action Programs Branch
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5303W)
Washington, DC 20460
Phone: 703-308-8761
Fax: 703-308-8638
E-mail: donovan.kevin-e@epa.gov
Katherine R. Dougan
The Anniston Star
216 West 10th Street
Anniston, AL 36201
Phone: 256-235-9291
Fax: 256-235-3535
E-mail: news@annistonstar.com
Melinda Downing
Office of Intergovernmental & Public
Accountability
US Department of Energy
1000 Independence Avenue SW Room 1H-087
Washington, DC 20585
Phone: 202-586-7703
Fax: 202-586-0293
E-mail: meiinda.downing@em.doe.gov
Phyllis Dozier
Program Analyst
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2732A)
Washington, DC 20460
Phone: 202-564-2166
Fax: 202-564-1843
E-mail: dozier.phyllis@epa.gov
Diane M Drew
Agency for Toxic Substances and Disease
Registry
1600 Clifton Road NE (MS E33)
Atlanta, GA 30333
Phone: 404-639-6338
Fax: 404-639-6207
E-mail: ddrew@cdc.gov
Delbert DuBois
Four Mile Hibernian Community Association
Inc
2025 Four Mile Lane
Charleston, SC 29405
Phone: 843-607-3319
Fax: Not Provided
E-mail: Not Provided
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
PageS
Dianne Dugas
Assistant Chief Epidemiologist
Louisana Department of Health and Hospitials
234 Loyola Avenue Suite 620
New Orleans, LA 70112
Phone: 504-568-8537
Fax: 504-568-7035
E-mail: ddugas@dhh.state.la
Elizabeth Duncan
Attorney
Private Citizen
PO Box 70524
Washington, DC 20024
Phone: 202-547-3568
Fax: Not Provided
E-mail: Not Provided
John Duncan, Jr
Professor of Law
Texas Wesleyan University Law School
1515 Commerce Street
Ft Worth, TX 75014
Phone: 817-212-3908
Fax: Not Provided
E-mail: Not Provided
Lionel A Dyson
Public Interest Law Center of Philadelphia
125 South 9th Street No 700
Philadelphia, PA 19107
Phone: 215-627-7100
Fax: 215-627-3183
E-mail: pubint@aol.com
Veronica Eady, Esq
Executive Office of Environmental Affairs
Commonwealth of Massachusetts
100 Cambridge Street, 20th Floor
Boston, MA 02202
Phone: 617-626-1053
Fax: 617-626-1180
E-mail: veronica.eady@.state.ma.us
Louis Eby
Attorney-Advisor
Permits Division
Office of Wastewater Management
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 4203)
Washington, DC 20460
Phone: 202-260-6599
Fax: 202-260-1460
E-mail: eby.louis@epa.gov
Jeannie Economos
Farm Worker Association of Florida
815 South Park Avenue
Apopka, FL 32703
Phone: 407-886-5151
Fax: 407-884-6644
E-mail: Not Provided
Carl Edlund
Planning and Permitting Division
Region 6
US Environmental Protection Agency
1445 Ross Avenue Suite 1200
Dallas, TX 75202-2733
Phone: 214-665-7200
Fax: 214-665-6660
E-mail: edlund.cari@epa.gov
Chebryll C Edwards
Environmental Engineer/EJ Coordinator
Office of Air and Radiation
Region 4
US Environmental Protection Agency
MD-13
Research Triangle Park, NC 27711
Phone: 919-541-5428
Fax: 919-541-3470
E-mail: edwards.chebryll@epa.gov
Dale B Edwards
Supervisor, Community Resources Unit
Environmental Protection Office
Energy Facilities' Siting and Environmental
Protection Division
California Energy Commission
1516 9th Street (MS 40)
Sacramento, CA 95814-5512
Phone: 916-654-5139
Fax: 916-654-3882
E-mail: dedwards@energy.state.ca.us
Natalie Ellington
Water Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9453
Fax: 404-562-9439
E-mail: ellington.natalie@epa.gov
Noemi Emeric
Regional Team Manager
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard (T-19J)
Chicago, IL 60604
Phone: 312-886-0995
Fax: 312-353-1155
E-mail: emeric.noemi@epa.gov
Thelma Epps
Member
North Baton Rouge Environmental Association
13343 Abraham Drive
Baton Rouge, LA
Phone: 225-774-8516
Fax: Not Provided
E-mail: Not Provided
Serdar Ertep
Environmental Scientist
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9683
Fax: 404-562-9895
E-mail: ertep.serdar@epa.gov
Elisabeth Evans
Director
Environmental Justice Program
Region 8
US Environmental Protection Agency
999 18th Street Suite 500
Denver, CO 80202-2466
Phone: 303-312-6053
Fax: 303-312-6409
E-mail: evans.elisabeth@epa.gov
Samantha Fairchild
Director
Office of Enforcement, Compliance, and
Environmental Justice
Region 3
US Environmental Protection Agency
1650 Arch Street
Philadelphia, PA
Phone: 215-814-2627
Fax: Not Provided
E-mail: fairchild.samantha@epa.gov
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Page 10
Homy Falk
Assistant Administrator
Agency for Toxic Substances and Disease
Registry
1600 Clifton Road NE
Atlanta, GA 30333
Phone: 404-639-0700
Fax; 404-639-0744
E-mail: hxf1@cdc.gov
Ronald Fannin
Realty Specialist
US Department of Transportation
400 7th Street SW
Washington, DC 20590
Phone: 202-366-2042
Fax: 202-366-3713
E-maH: ronald.fannin@fhwa.dot.gov
Charles Faultry
Section Chief, Information Management
Region 6
US Environmental Protection Agency
1445 Ross Avenue Suite 1200
Dallas, TX 75202-2733
Phone: 214-665-6750
Fax: 214-665-6762
E-mail: cfaultry@epa.gov
Denise Feiber
Environmental Science & Engineering Inc
404 SW 140th Terrace
Newberry, FL 32669-3000
Phone: 352-333-2605
Fax: 352-333-6633
E-mail: ddfeiber@esemail.com
Dorothy Felix
Vice President
Mossvilte Environmental Action Now (MEAN)
Inc
PO Box 891
Sulphur, LA 70663
Phone: 337-882-8078
Fax: 337-882-7476
E-mail: focusonmossville@aol.com
Allyson Fertitta
Harris Deville and Assoc
307 France Street
Baton Rouge, LA 70802
Phone: 225-344-0381
Fax.' 225-336-0211
E-mail: afertitta@hdaissues.com
Nigel Fields
Environmental Health Scientist
.Office of Research and Development
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 8723E)
Washington, DC 20460
Phone: 202-564-6936
Fax: 202-565-2448
E-mail: fields.negel@epa.gov
Sherri Fields
Chief, Accountability Management Branch
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30331
Phone: 404-562-9684
Fax: Not Provided
E-mail: fields.sherri@epa.gov
Timothy Fields Jr
Assistant Administrator
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5101)
Washington, DC 20460
Phone: 202-260-4610
Fax: 202-260-3527
E-mail: fields.timothy@epa.gov
Willa A Fisher
Director of Health
Bremerton-Kitsap County Health District
National Association of County and City
Health Officials
109 Austin Drive
Bremerton, WA 98312
Phone: 360-337-5235
Fax: 360-337-5298
E-mail: fishew@health.co.kitsap.wa.us
Mariya Fishman
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-3697
Fax: 404-727-8744
E-mail: mfishman@learnlink.emory.edu
Edward Flynn
Director, Health and Safety Affairs
Louisana Chemical Association
One American Place Suite 2040
Baton Rouge, LA 70825
Phone: 225-344-2609
Fax: 225-343-1007
E-mail: ed@lca.org
Catherine Fox
Environmental Accountability Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9634
Fax: 404-562-9598
E-mail: fox.catherine@epa.gov
Dorothy Fox, PhD
Grants Consultant
College of Nursing
Wayne State University
5777 Coss Avenue
Detroit, Ml 48202
Phone: 734-459-5226
Fax: Not Provided
E-mail: foxfile5@hotmail.com
Nan Freeland
NCSY
Natural Resources Leadership Institute
PO Box 8109
Raleigh, NC 27695-8109
Phone: 919-515-6090
Fax: 919-515-1824
E-mail: nan_freeland@nesu.edu
Alfreda Freeman
Chief, Toxic Substance Section
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8977
Fax: 404-568-8973
E-mail: freemana@epa.gov
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Page 11
Lara Freeman
Emory University
PO Box 22050
Atlanta, GA 30322
Phone: 404-315-6959
Fax: Not Provided
E-mail: Ifree02@emory.edu
Omar Freilla
Transportation Coordinator >
New York City Environmental Justice Alliance
115 West 30th Street Room 709
New York, NY 10001
Phone: 212-239-8882
Fax: 212-239-2838
E-mail: transportation@nyceja.org
James Friloux
Ombudsman
Louisiana Department of Environmental Quality
PO Box 82263
Baton Rouge, LA 70884
Phone: 225-765-0735
Fax: 225-765-0746
E-mail: jim_f@deq.state.la.us
Jan Marie Fritz
School of Planning
University of Cincinnati
7300 Aracoma Forest Drive
Cincinnati, OH 45237
Phone: 513-556-0208
Fax: 513-556-1274
E-mail: jan.fritz@uc.edu
Karl Fuller
Pechanga Environmental Program
PO Box 1477
Temecula, CA 92593
Phone: 909-506-1578
Fax: 909-695-1778
E-mail: kfuller@pechanga.org
Arnita Gadson
Environmental Justice Project Manager
University of Louisville
West Co Environmental Task Force
2900 West Broadway
Louisville, KY 40211
Phone: 502-852-4609
Fax: 502-852-1610
E-mail: ahgads01@gwise.lou.edu
Neftali Garcia-Martinez
Environmental Scientist
Scientific and Technical Services
RR-9 Buzon 1722
San Juan, PR 00918
Phone: 787-292-0620
Fax: 787-760-0496
E-mail: sctinc@coqui.net
Linda Garczynski
Director
Outreach and Special Projects Staff
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5105)
Washington, DC 20460
Phone: 202-260-1223
Fax: 202-260-6606
E-mail: garczynski.Iinda@epa.gov
Wayne Garfinkel
Environmental Engineer
Air, Pesticides, & Toxics Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-3104
Phone: 404-562-8982
Fax: 404-562-8972
E-mail: garfinkel.wayne@epa.gov
Gwendolyn Gaston
CARAT Team
Coalition of Black Trade Unionists
United Auto Workers
11496 Irene
Warren, U.S. 48093
Phone: 810-558-9513
Fax: 810-558-9513
E-mail: Not Provided
Eileen Gauna
Professor of Law
Southwestern University School of Law
675 South Westmoreland Avenue
Los Angeles, CA 90005
Phone: 213-738-6752
Fax: 213-383-1688
E-mail: egauna@swlaw.edu
Dora Gauntt
Treasurer
Ashurst Bar / Smith Community Organization
665 Washington Boulevard
Tallassee,AL 36078
Phone: 334-283-3525
Fax: Not Provided
E-mail: Not Provided
Gail Gauntt
Secretary
Ashurst Bar/ Smith Community Organization
1009 B Fitzpatrick Avenue
Opelika.AL 36801
Phone: 334-745-4073
Fax: Not Provided
E-mail: gauntgd@auburn.edu
Clarice Gaylord
Special Assistant to the Regional Administrator
San Diego Border Liaison Office
Region 9
US Environmental Protection Agency
610 West Ash Street
San Diego, CA 92101
Phone: 619-235-4767
Fax: 619-235-4771
E-mail: gaylord.clarice@epa.gov
Michel Gelobter
Graduate Department of Public Administration
Rutgers University
360 Martin Luther King Boulevard 7th Floor
Newark, NJ 07102
Phone: 209-353-5093 ext. 18
Fax: 209-927-4574
E-mail: gelobter@andromeda.rutgers.edu
Felicia Davis Gilmore
Georgia AirKeepers Campaign Director
Ozone Action
1447 Peachtree Street Suite 806
Atlanta, GA 30309
Phone: 404-872-3660
Fax: 404-872-3460
E-mail: airkeeper@airkeeper.org
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Page 12
Daniel Gogal
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201A)
Washington. DC 20460
Phone: 202-564-2576
Fax: 202-501-0740
E-mail: gogal.danny@epa.gov
Rence Coins
Environmental Protection Specialist
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2598
Fax: 202-501-0740
E-mail: goins.renee@epa.gov
Rhonda Golder
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2222A)
Washington. DC 20460
Phone: 202-564-5088
Fax: 202-501-0411
E-mail: golder.rhonda@epa.gov
Tom Goldtooth
Indigenous Environmental Network
PO Box 485
Bemidji. MN 56619-0485
Phone: 218-751-4967
Fax: 218-751-0561
E-mail: ien@igc.org
Storting R Gologergen
POPs Organizer for Alaska
Alaska Community Action on Toxics
Indigenous Environmental Network
12341 Lake Street
Eagle River, AK 99577
Phone: 907-222-7714
Fax: 907-222-7715
E-mail: sterling@akaction.net
Sheryl Good
Environmental Scientist
Environmental Justice/Community Liaison
Program
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9559
Fax: 404-562-9664 •
E-mail: good.sheryl@epa.gov
Ann Goode
Director
Office of Civil Rights
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 1201)
Washington, DC 20460
Phone: 202-564-7272
Fax: Not Provided
E-mail: goode.ann@epa.gov
Paula Goode
Associate Office Director
Office of Children's Health Protection
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 1107)
Washington, DC 20460
Phone: Not Provided
Fax: Not Provided
E-mail: goode.paula@epa.gov
J Scott Gordon
Chief, Water Programs Enforcement Branch
Water Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9741
Fax: 404-562-9729
E-mail: gordon.scott@epa.gov
Richard Gragg
Assistant Professor
Center for Environmental Equity and Justice
Environmental Sciences Institute
Florida A & M University
Tallahassee, FL 32307
Phone: 850-599-8549
Fax: 850-599-2248
E-mail: richard.graggiii@famu.edu
Wendy Graham
Office of International Activities
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 261 OR)
Washington, DC 20460
Phone: 202-564-6602
Fax: 202-565-2407
E-mail: graham.wendy@epa.gov
Dennis Grams
Regional Administrator
Region 7 •
US Environmental Protection Agency
901 North 5th Street
Kansas City, KS 66101
Phone: 913-551-7006
Fax: 913-551-7976
E-mail: Not Provided
Dina Granado
Program Analyst
Region 6
US Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75201-2733
Phone: 214-665-6522
Fax: 214-665-7373
E-mail: Not Provided
Gary Grant
Concerned Citizens of Tillery
PO Box 61
8000 Highway 561
Tillery, NC 27887
Phone: 252-826-3017
Fax: 252-826-3244
E-mail: tillery@aol.com
Running Grass
Environmental Justice Specialist
Region 9
US Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1205
Fax: 415-538-5062
E-mail: grass.running@epa.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 13
Shirley Gray
District Sales Manager
Family Life Insurance Company
565 Irby Street
Woodruff, SC 29388
Phone: 864-476-6071
Fax: Not Provided
E-mail: Not Provided
Gregory A. Green
Office of Air and Radiation
Region 5
US Environmental Protection Agency
2000 Traver Wood Drive
Ann Arbor, MI 48105
Phone: 734-214-4488
Fax: 734-214-4053
E-mail: green.gregory@epa.gov
Richard Green
Director
Waste Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-8651
Fax: 404-562-8063
E-mail: green.dick@epa.gov
Frankee Greenberg
Director of Regional Operations
Office of the Administrator
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 1108A)
Washington, DC 20460
Phone: 202-564-3100
Fax: 202-501-0062
E-mail: greenberg.frankee@epa.gov
Donna Gross
Laborers-AGC Education and Training Fund
,U.S.
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
George Hagevik
National Conference of State Legislatures
1560 Broadway Suite 700
Denver, CO 80202
Phone: 303-830-2200
Fax: 303-863-8003
E-mail: george.hagevik@ncsl.org
Beth Hailstock
Director
Environmental Justice Center
Cincinnati Department of Health
3101 Burnet Avenue
Cincinnati, OH 45229
Phone: 513-357-7206
Fax: 513-357-7262
E-mail: bethhailstock@chdbumrcc.org
Loren Hall
Office of Civil Rights
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 1201A)
Washington, DC 20460
Phone: 202-564-7289
Fax: 202-501-1836
E-mail: hall.loren@epa.gov
Martin Halper
Senior Science Advisor
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2601
Fax: 202-501-0740
E-mail: halper.martin@epa.gov
Brad Hamilton
Director
Kansas Native American Affairs Office
1430 SWTopeka Boulevard
Topeka, KS 66612-1853
Phone: 785-368-7319
Fax: 785-296-1795
E-mail: bbhamilt@hr.state.ks.us
Walter Handy
Cincinnati Department of Health
3101 Bumet Avenue
Cincinnati, OH 45229
Phone: 513-357-7271
Fax: 513-357-7290
E-mail: walter.handy@chdburn.rcc.org
John Hankinson
Regional Administrator
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8357
Fax: Not Provided
E-mail: hankinson.john.jr@epa.gov
Monique Harden
Attorney/Community Liaison Director
Earthjustice Legal Defense Fund
100 Magazine Street Suite 401
New Orleans, LA 70130-2453
Phone: 504-522-1394
Fax: 504-566-7242
E-mail: mharden@earthjustice.org
Clarence Hardy
Director
Office of Cooperative Environmental
Management
Office of the Administrator
US Environmental Protection Agency
499 South Capital Street SW
Room 111, Fairchild Building
Washington, DC 20460
Phone: 202-260-3303
Fax: Not Provided
E-mail: hardy.darence@epa.gov
William Harriett
Acting Director
Office of Air and Radiation
Region 4
US Environmental Protection Agency
MD-12
Research Triangle Park, NC 27711
Phone: 919-541-4979
Fax: 919-541-4028
E-mail: hamett.bill@epa.gov
Jewell Harper
Deputy Director
Waste Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-8651
Fax: 404-562-8063
E-mail: harper.jewell@epa.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 14
Sara J Harper
Citizens For Environmental Justice
13807 Drexmore Road
Cleveland, OH
Phone: 216-991-9122
Fax: 216-991-6068
E-mail: Not Provided
Ronnie Harrington
Manager Environmental Justice Program
Region 1
US Environmental Protection Agency
One Congress Street 10lh Floor
Boston. MA 02203-0001
Phone: 617-918-1703
Fax: 617-565-3415
E-mail: harrington.veronica@epa.gov
Alisa Harris
Pennsylvania Department of Environmental
Protection
400 Market Street
Harrisburg. PA 17105
Phone: 717-783-9731
Fax: 717-783-8926
E-mail: ham's.alisa@dep.state.pa.us
John Harris
Senior Advisor for Economics
Office of Emergency and Remedial Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5204G)
Washington, DC 20460
Phone: 703-603-9075
Fax: 703-603-9104
E-mail: harris.john@epa.gov
Phyllis Harris
Regional Counsel
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-696-5987
Fax: Not Provided
E-mail: harris.phyllis@epa.gov
Rita Harris
Environmental Justice Organizer
Community Living in Peace Inc/Sierra Club
1373 South Avenue
Memphis, TN 38106
Phone: 901-948-6002
Fax: 901-948-6002
E-mail: xundu@usa.net
Pat Hartman
Concerned Citizens of Mossville LA
3780 Old Spanish Trail
Westlake, LA 70669
Phone: 337-882-5126
Fax: Not Provided
E-mail: Not Provided
Melinda M M Haulbrook, MPH
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-4620
Fax: 404-727-8744
E-mail: mhaulbr@sph.emory.edu
Neeka Hayes
Jeter Communications
2451 Cumberland Parkway Suite 3428
Atlanta, GA 30339
Phone: 404-350-0033
Fax: 404-603-9770
E-mail: jeterpro@aol.com
Alan Hecht
Principal Deputy Assistant Administrator
Office of International Activities
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2670R)
Washington, DC 20460
Phone: 202-564-6600
Fax: Not Provided
E-mail: hect.alan@epa.gov
Maria Hendriksson
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 361OA)
Washington, DC 20460
Phone: 202-564-1897
Fax: 202-564-4962
E-mail: hendriksson.marla@epa.gov
Jody Henneke
Director
Office of Public Asistance
Texas Natural Resource Conservation
Commission
State of Texas
PO Box 13087 (MC 108)
Austin, TX 73087
Phone: 512-239-4085
Fax: 512-239-4007
E-mail: jhenneke@tnrcc.state.tx.us.com
Grace L Hewell
President and CEO
Health Policy Group
807 West 40th Street
Chattanooga, TN 37410
Phone: 423-821-7286
Fax: 423-267-7696
E-mail: Not Provided
Amahra Hicks
Regional Manager
Forest Service
US Department of Agriculture
1323 Club Drive
Vallejo, CA 94512
Phone: 707-562-8751
Fax: 707-562-9044
E-mail: ahicks@fs.us
Ivie Higgins
Coalition for Environmentally Responsible
Economies
11 Arlington Street 6th Floor
Boston, MA 02116
Phone: 617-247-0700
Fax: 617-267-5400
E-mail: higgins@ceres.org
Barry Hill
Director
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201A)
Washington, DC 22460
Phone: 202-564-2515
Fax: 202-501-0740
E-mail: hill.barry@epa.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 15
James B Hill, Jr
Chairman
Scarboro Community Environmental Justice
Council
233 Tusculum Drive
Oak Ridge, TN 37830
Phone: 865-481-0027
Fax: 865-481-0027
E-mail: hillboy@icx.net
Kimberly J Hill
St. Louis Liaison
St. Louis Field Office
Region 7
US Environmental Protection Agency
10805 Sunset Office Drive Sute 100
St. Louis, MO 63127
Phone: 314-821-2630
Fax: 314-821-0821
E-mail: hill.kimberly@epa.gov
Sandra Jaribu Hill
Director
Southern Regional Office
Center for Constitutional Rights
213 Main Street
PO Box 428
Greenville, MS 38702-0428
Phone: 662-334-1122
Fax: 662-334-1274
E-mail: jaribuhill@hotmail.com
Jennifer Hill-Kelley
Environmental Quality Director
Environmental Health & Safety Program
Oneida Nation of Wisconsin
3759 West Mason Street
Oneida, Wl 54155
Phone: 414-497-5812
Fax: 414-496-7883
E-mail: jhillkel@oneidanation.org
Melvin "Kip" Holden
Representative
Louisiana Legislature
838 North Boulevard
Baton Rouge, LA 70802
Phone: 225-346-0406
Fax: 225-346^788
E-mail: Not Provided
Ryan Holifield
Department of Geography
University of Georgia
145 Cole Manor Drive
Athens, GA 30606
Phone: 706-549-5558
Fax: Not Provided
E-mail: rholifi@hotmail.com
Adrienne Hollis, PhD
Assistant Professor
Florida A & M University
Science Research Center Room 207C
Tallahassee, FL 32307
Phone: 850-599-8840
Fax: 850-599-8830
E-mail: ahollis2@famu.edu
Robert Holmes
Director
Southern Center for Studies in Public Policy
Clark Atlanta University
James P Brawley Drive at Fair Street SW
Atlanta, GA 30314
Phone: 404-880-8089
Fax: 404-880-8090
E-mail: bholmes@cau.edu
Brian Holtzclaw
Environmental Justice Waste Management
Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8684
Fax: 404-562-8628
E-mail: holtzclaw.brian@epa.gov
Kevin Hood
Environmental Research Institute
University of Connecticut
270 Middle Turnpike
Storrs, CT 06269
Phone: 860-486-4015
Fax: 860-486-2283
E-mail: khood@eri.uconn.edu
Jane Horton
Worker Protection Standards Coordinator
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: Not Provided
Fax: Not Provided
E-mail: horton.jane@epa.gov
Michelle R. Hudson
Office of Intergovernmental and Public
Accountability
US Department of Energy
1000 Independence Avenue SW Room 1H-
088-45
Washington, DC 20585
Phone: 202-586-7739
Fax: 202-586-0293
E-mail: michelle.hudson-mann@em.doe.gov
Sundiata ibn Hyman, PhD
Deep South Center for Environmental Justice
Xavier University
PO Box 45
7325 Palmetto Street
New Orleans, LA 70125
Phone: 504-488-3075
Fax: 504-488-3081
E-mail: sundiata@bellsouth.net
Myra Rutherdale Immings
Community Planner
Federal Transit Administration
US Department of Transportation
61 Forsyth Street SW Suite 17T50
Atlanta, GA 30303
Phone: 404-562-3508
Fax: 404-562-3505
E-mail: myra.immings@fta.dot.gov
Hilary I. Inyang
Center for Environmental Engineering Science
and Technology
University of Massachusetts Lowell
One University Avenue NoE-114
Lowell, MA 01854
Phone: 978-934-2285
Fax: 978-934-3092
E-mail: hilary-inyang@uml.edu
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 16
Blanche Irvin
Volunteer Coordinator
SWEDCO
2295 Boulevard Granada SW
Atlanta, GA 30311
Phone: 404-753-7236
Fax: Not Provided
E-mail: Not Provided
Janice Jablonski
Office of Environmental Information
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2812A)
Washington. DC 20460
Phone: 202-564-6663
Fax: 202-501-1627
E-mail: Not Provided
Rhea Jack
US Department of Agriculture
PO Box 2890
Washington, DC 20013
Phone: 202-720-0768
Fax: 202-720-2588
E-mail: rjack@usda.gov
Rose Jackson
Public Affairs Specialist
Waste Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta. GA 30303
Phone: 404-562-8602
Fax: 404-562-8655
E-mail: jackson.rose@epa.gov
Sarah James
Tribal Member
Council of Aphabascan Tribal Governments
PO Box 51
Artie Village, AK 99722
Phone: 907-587-5315
Fax: 907-587-5900
E-mail: Not Provided
Annabclle E Jaramillo
Citizens' Representative
Oregon Office of the Governor
160 State Capitol
Salem, OR 97310
Phone: 503-378-5116
Fax: 503-378-6827
E-mail: annabelle.e.jaramillo@state.or.us
Bonita Johnson
Environmental Scientist
Water Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9442
Fax: 404-562-9439
E-mail: johnson.bonita@epa.gov
Glenda Johnson
Senior Budget Analyst
Johnson Space Center
National Air and Space Administration
1806 Oakridge Drive
Kemah.TX 77565
Phone: 281-483-0377
Fax: Not Provided
E-mail: Not Provided
Hazel Johnson
Chief Executive Officer
People for Community Recovery
13116 South Ellis Avenue
Chicago, IL 60627
Phone: 773-468-1645
Fax: 773-468-8105
E-mail: Not Provided
Jadine Johnson
Student
Chamblee High School
5478 Hunters Cove
Lithonia, GA 30038
Phone: 770-981-1014
Fax: Not Provided
E-mail: jadine@hotmail.com
Jonetta Johnson
Student
Southwest Dekalb High School
5478 Hunters Cove
Lithonia, GA 30038
Phone: 770-981-1014
Fax: Not Provided
E-mail: jonettaswd@aol.com
Sabrina Johnson
Policy Analyst
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 6103A)
Washington, DC 20460
Phone: 202-564-1173
Fax: 202-564-1554
E-mail: johnson.sabrina@epa.gov
Manuel Joia
Environmental Division
Marine Corps Logistics Base Barstow
Box 110500
Barstow, CA 92311-5013
Phone: 760-577-6574
Fax: 760-577-6256
E-mail: joiam@barstow.usmc.mil
Constance Jones
Environmental Scientist
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8551
Fax: 404-562-8518
E-mail: jones.constance@epa.gov
Teresa Juarez
New Mexico Alliance
PO Box 759
Chimayo, NM 87522
Phone: 505-351-2404
Fax: 505-351-1031
E-mail: tjuarez@la-tierra.com
Kurt Karperos
California Air Resources Board
PO Box 2815
2020 L Street
Sacramento, CA 95833
Phone: 916-322-2893
Fax: Not Provided
E-mail: kkarpero@arb.ca.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 17
Mark S Kasman
Senior International Information Officer
Office of International Activities
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (Me 2670R)
Washington, DC 20460
Phone: 202-564-6112
Fax: 202-565-2411
E-mail: kasman.mark@epa.gov
Kevin Keaney
Acting Chief
Certification and Worker Protection Branch
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7506C)
Washington, DC 20460
Phone: 703-305-7666
Fax: 703-308-2962
E-mail: keaney.kevin@epa.gov
Colleen Kelley
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-3697
Fax: 404-727-8744
E-mail: cfkelle@learnlink.emory.edu
Dorothy Kellogg
Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Phone: 703-741-5236
Fax: 703-741-6236
E-mail: dorothy_kellogg@cmahq.com
Joyce Kelly
Office for Civil Rights and Environmental
Justice
Region 10
US Environmental Protection Agency
1200 6th Avenue (CEJ 163)
Seattle, WA 98101
Phone: 206-553-4029
Fax: 206-553-7176
E-mail: kelly.joyce@epa.gov
Jeff Keohane
Attorney Advisor
Office of General Counsel
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2322A)
Washington, DC 20460
Phone: 202-564-5548
Fax: 202-260-5541
E-mail: keohane.jeffrey@epa.gov
Jon F. Kerner
Assistant Deputy Director
Division of Cancer Control and Population
Sciences
National Cancer Institute
National Institutes of Health
6130 Executive Boulevard EPN 241-C
Rockville, MD 20893
Phone: 301-594-7294
Fax: 301-594-6787
E-mail: jon.kemer@nih.gov
Charlotte L Keys
Executive Director
Jesus People Against Pollution
PO Box 765
202 Virginia Avenue
Columbia, MS 39429
Phone: 601-736-0686
Fax: 601-736-7811
E-mail: Not Provided
Derrick Kimbrough
Community Involvement Coordinator
Office of Public Affairs
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard (P-19J)
Chicago, IL 60604
Phone: 312-886-9749
Fax: -312-353-1155
E-mail: kimbrough.derrick@epa.gov
Deborah E. King
DEBLAR & Associates Inc
3129NorthplaceWay
Smyrna, GA 30080
Phone: 770-438-6953
Fax: 770-438-8577
E-mail: debking22@hotmail.com
Marva E King
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2599
Fax: 202-501-0740
E-mail: king.marva@epa.gov
Vereda King
Region 4
US Environmental Protection Agency
39 Park Village Lane
Greensboro, NC 27455
Phone: 336-334-7188 ext. 2008
Fax: 336-334-7093
E-mail: vkncatc@aol.com
Patrick Kinney
Associate Professor
Division of Environmental Health Sciences
Columbia University School of Public Health
60 Haven Avenue B1
New York City, NY 10032
Phone: 212-305-3663
Fax: 212-305-4012
E-mail: plk3@columbia.edu
Rufus Kinney
Member
Community Against Pollution
806 12th Avenue NE
Jacksonville, AL 36265
Phone: 256-435-4743
Fax: Not Provided
E-mail: rkinney@jsucc.jsu.edu
Monica Kirk
Special Counsel to the Regional Administrator
Office of Oregon Operations
Region 10
US Environmental Protection Agency
811 SW 16th Avenue 3rd Floor
Portland, OR 97204
Phone: 503-326-3269
Fax: 503-326-3399
E-mail: kirk.monica@epa.gov
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Page 18
Tera Kirk
3863 Memorial Drive
Apartment #1508
Decatur, GA 30032
Phone: 404-286-1380
Fax: Not Provided
E-mail: tkirirt@netscape.net
Mosi Kitwana
Director
Research and Development
International City/County Management
Association
777 North Capitol Street NE Suite 500
Washington, DC 20002-4201
Phone: 202-962-3649
Fax: 202-962-3605
E-mail: mkitwana@icma.org
MIchole L Knorr
Office of General Counsel
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2333A)
Washington, DC 20460
Phone: 202-564-5631
Fax: 202-564-5644
E-mail: knorr.michele@epa.gov
Albert Korgi
International Activities Coordinator
Office of Policy Management
Region 4
US Environmental Protection Agency •
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-8283
Fax: 404-562-8269
E-mail: korgi.al@epa.gov
Andrea Kreiner
Delaware Department of Natural Resources
and Environmental Control
89 Kings Highway
Dover, DE 19901
Phone: 302-739-4403
Fax.1 302-739-6242
E-mail: akreiner@.state..de.us
Edith Ladipo
Executive Director
Southwest Economic Development Corporation
PO Box 44732
Atlanta, GA 30311
Phone: 404-755-4894
Fax: Not Provided
E-mail: edfth@bellsouth.net
Jackie Lane
Community Involvement Coordinator
Region 9
US Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-2267
Fax: 415-744-1796
E-mail: lane.jackie@epa.gov
Leigh Blackman Lane
North Carolina Department of Transportation
PO Box 25201
1 South Wilmington Street
Raleigh, NC 27611
Phone: 919-733-7844 ext. 260
Fax: 919-733-9794
E-mail: llane@dot.state.nc.us
Mary Lauterbach
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7408)
Washington, DC 20460
Phone: 202-260-9563
Fax: 202-260-1847
E-mail: lauterbach.mary@epa.gov
Adora Iris Lee
Minister for Environmental Justice
United Church of Christ
5113 Georgia Avenue NW'
Washington, DC 20011
Phone: 202-291-1593
Fax: 202-291-3933
E-mail: adoracrj@aol.com
Charles Lee
Associate Director
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2597
Fax: 202-501-0740
E-mail: lee.charles@epa.gov
Rebeca Lee-Pethel
National Center for Environmental Health
Centers for Disease Control and Prevention
4770 Buford Highway NE (MS F-29)
Atlanta, GA 30341-3727
Phone: 770-488-7537
Fax: 770-488-4178
E-mail: rxl8@cdc.gov
Carol Leftwich
Project Manager
Environmental Council of the States
444 North Capitol Street NW Suite 445
Washington, DC 20001
Phone: 202-624-3677
Fax: 202-624-3666
E-mail: leftwich@sso.org
Richard Legree
Laborer's District Council
Philadelphia, PA
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Ira Leighton
Deputy Regional Administrator
Region 1
US Environmental Protection Agency
One Congress Street Suite 1100
Boston, MA 02114
Phone: 617-918-1011
Fax: 617-918-1029
E-mail: leighton.ira@epa.gov
Michael Letourneau
Region 10
US Environmental Protection Agency
1200 Sixth Avenue (CEJ-163)
Seattle, WA 98101
Phone: 206-553-1687
Fax: 206-553-7176
<=-ma/;- ietourneau.mike@epa.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 19
Natalie Leverette
PEACE
PO Box 148
Richton, MS 39476
Phone: 601-788-6287
Fax: 601-268-3313
E-mail: Not Provided
Maria del Carmen Libran
Department of Horticulture
University of Puerto Rico at Mayaguez
GPO Box 5000 College Station
Mayaguez, PR 00681-5000
Phone: 787-832-4040 ext. 2088
Fax: 787-265-0860
E-mail: mjibra@yahoo.com
Maureen Lichtveld, MD MPH
Associate Director for Workforce Development
Office of the Director
Public Health Practice Program Office
Centers for Disease Control and Prevention
4770 Buford Highway (K-38)
Atlanta, GA 30341
Phone: 770-488-2480
Fax: 770-488-2574
E-mail: mal7@cdc.gov
Alrena Lightbourn
Environmental Toxicologist-Biologist
Region 4
US Environmental Protection Agency
61 Forsyth Street SW (9T25)
Atlanta, GA 30303-8960
Phone: 404-562-8646
Fax: 404-562-8566
E-mail: Not Provided
Benjamin Lim
EJ Coordinator
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7404)
Washington, DC 20460
Phone: 202-260-1509
Fax: 202-260-3453
E-mail: lim.benjamin@epa.gov
Fred Lincoln
Chairman
Wando Concern Citizen Committee
133 Sarah Lincoln Road
Wando, SC 29492
Phone: Not Provided
Fax: Not Provided
E-mail: pfkwanza@aol.com
Charles Linville, PhD
Assistant Professor
Computer Science and Information Systems
American University
4400 Massachusetts Avenue NW
Washington, DC 20016-8116
Phone: 202-885-3138
Fax: 202-885-1479
E-mail: linvill@american.edu
Usha Little
Director
Native American Environmental Protection
Coalition
PO Box 2485
Valley Center, CA 92082
Phone: 760-751-8686
Fax: 760-751-8685
E-mail: naepc@primenet.com
L Diane Long
North Carolina Department of Environment
and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-2601
Phone: 919-715-4195
Fax: 919-715-3060
E-mail: dianelong@ncmail.net
Chavel Lopez
Southwest Public Workers Union
PO Box 830706
San Antonio, TX 78283
Phone: 210-299-2666
Fax: Not Provided
E-mail: Not Provided
Gloria Love
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9672
Fax: 404-562-9598
E-mail: love.gloria@epa.gov
Sylvia Lowrance
Principal Deputy Assistant Administrator
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2101 A)
Washington, DC 20460
Phone: 202-260-7960
Fax: 202-501-3842
E-mail: lowrance.sylvia@epa.gov
Maria Elena Lucas
Farm Worker and Organizer
5509 Twin Timbers
Arlington, TX 76018
Phone: 817-461-1669
Fax: Not Provided
E-mail: Not Provided
Cesar Luna
Policy Associate
Border Environmental Justice Campaign
Environmental Health Coalition
1717 Kettner Building #100
San Diego, CA 92101
Phone: 619-235-0281
Fax: 619-232-3670
E-mail: Not Provided
Bill Luthans
Multimedia Planning and Permitting Division
Region 6
US Environmental Protection Agency
1445 Ross Avenue Suite 1200 (6PD)
Dallas, TX 75202-2733
Phone: 214-665-7200
Fax: Not Provided
E-mail: luthans.william@epa.gov
Pamela Lyons
Director
Office of Equal Opportunity Contract
Assistance and Environmental Equity
New Jersey Department of Environmental
Protection
CN402
Trenton, NJ 08625
Phone: 609-984-9742
Fax: 609-984-9789
E-mail: plyons@dep.state.nj.us
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 20
Michael J Lythcott
TAG Advisor
Citizens Against Toxic Exposure
6 Julian Way
Marlboro, NJ 07746-1615
Phone: 723-617-2076
Fax: 723-617-2071
E-mail: adeyemi@world.oberlin.edu
Jim MacDonald
Trustee
Pittsburg (California) Unified School District
274 Pebble Beach Loop
Pittsburg, CA 94565
Phone: 925-139-7665
Fax: 925-473-1886
E-mail: jmacdonald@pfttsburg.k12.ca.us
Thabo Madihlaba
Environmental Justice Network Forum
PO Box 3744
Witbank, South Africa 1035
Phone: 27-13-656-0411
Fax: 27-13-656-0411
E-mail: thabo@ejnf.org.za
Ebony Madyun
SNEEJ
804 Park Avenue
Albuquerque, NM 87102
Phone: 505-242-0416
Fax: Not Provided
E-mail: emadyun@unm.edu
Shannon Maher
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA
Phone: 404-562-9623
Fax: Not Provided
E-mail: maher.shannon@epa.gov
Enrique Manzanilla
Region 9
US Environmental Protection Agency
75 Hawthorne Street (CMD-1)
San Francisco, CA 94105
Phone: 415-744-1015
Fax: 415-744-1598
E-mail: manzanilla.enrique@epa.gov
Rochelle Marceillars
Air and Radiation Division
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard (AE-17J)
Chicago, IL 60640
Phone: 312-353^1370
Fax: 312-886-8289
E-mail: marceillars.rochelle@epa.gov
Davis Marshall
Lowcountry Area Director
South Carolina
Sixth District
Office of US Representative James E Clyburn
2106 Mount Pleasant Street
Charleston, SC 29405
Phone: 843-965-5578
Fax: Not Provided
E-mail: Not Provided
Suzanne Marshall
Serving Alabama's Future Environment
700 8th Avenue NE
Jacksonville, AL 36265
Phone: 256-782-5611
Fax: 256-782-0424
E-mail: zanne@jsucc.jsu.edu
Lawrence Martin
Office of Research and Development
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 8103R)
'Washington, DC 20460
Phone: 202-564-6497
Fax: 202-564-2926
E-mail: martin.lawrence@epa.gov
Paul Matthai
Environmental Protection Specialist
Pollution Prevention Division
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7409)
Washington, DC 20460
Phone: 202-260-3385
Fax: 202-260-0178
E-mail: matthai.paul@epa.gov
Doris Maxwell
Management Analyst
Office of Air and Radiation
Region 4
US Environmental Protection Agency
MD-13
Research Triangle Park, NC 27711
Phone: 919-541-5312
Fax: 919-541-0072
E-mail: maxwell.doris@epa.gov
LaVerne Mayfield
Director
Greater Cincinnati Occupational Health Center
Training Services
7030 Reading Road Suite 540
Cincinnati, OH 45237
Phone: 513-531-7101
Fax: 513-531-7102
E-mail: gcohc@compuserve.com
Zulene Mayfield
Chair
Chester Residents Concerned for Quality
Living
2731 West Third Street
Chester, PA 19013
Phone: 610-485-6683
Fax: 610-485-5300
E-mail: crcql1@aol.com
A Dennis McBricle, MD MPH
North Carolina Department of Health and
Human Services
101 Blair Drive
PO Box 29526
Raleigh, NC 27626-0526
Phone: 919-733-4392
Fax: 919-733-0513
E-mail: amcbride@dhr.state.nc.us
W Michael McCabe
Deputy Administrator
Office of the Administrator
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 1102)
Washington, DC 20460
Phone: 202-564-4711
Fax: Not Provided
E-mail: mccabe.micheal@epa.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 21
John McCarroll
Region 9
US Environmental Protection Agency
75 Hawthorne Street WST-4
San Francisco, CA 94105
Phone: 415-744-2064
Fax: 415-538-5053
E-mail: mccarroll.john@epa.gov
Mildred McClain
Executive Director
Citizens for Environmental Justice
1115 Habersham Street
Savannah, GA 31401
Phone: 912-233-0907
Fax: 912-233-5105
E-mail: cfej@bellsouth.net
John McCown
Sierra Club
1447 Peachtree Street Suite 305
Atlanta, GA 30309
Phone: 404-888-9778 ext. 224
Fax: 404-876-5260
E-mail: john.mccown@sierraclub.org
Donna Gross McDaniel
Program Coordinator
Laborers-AGC Education and Training Fund
37 Deerfield Road
PO Box 37
Pomfret Center, CT 06259
Phone: 860-974-0800 ext. 109
Fax: 860-974-3157
E-mail: dmcdaniel@laborers-agc.org
Kate McGIoon
Director External Relations
Chemical Manufacturers Association
1300 Wilson Boulevard
Arlington, VA 22209
Phone: 703-741-5812
Fax: 703-741-6812
E-mail: kate_mcgloon@cmahq.com
Jack W. McGraw
Deputy Regional Administrator
Region 8
US Environmental Protection Agency
999 18th Street Suite 500
Denver, CO 80202
Phone: 303-312-6308
Fax: Not Provided
E-mail: mcgraw.jack@epa.gov
Laura McKelvey
Environmental Scientist
Emissions Standards Division
Region 4
US Environmental Protection Agency
MD-13
Research Triangle Park, NC 27711
Phone: 919-541-5497
Fax: 919-541-9240
E-mail: mckelvey.laura@epa.gov
Lisa Ann McKinley
EPA Liaison
Extension Service
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9403
Fax: 404-562-9343
E-mail: mckinley.lisa@epa.gov
Dan McLawhorn
North Carolina Department of Environment
and Natural Resources
1601 Mail Service Center 14th Floor
Raleigh, NC 27699-1601
Phone: 919-715-4146
Fax: 919-715-3060
E-mail: dan.mclawhorn@ncmail.net
Thea McManus
Associate Director
Municipal & Industrial Solid Waste Division
Office of Solid Waste
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5306W)
Washington, DC 20460
Phone: 703-308-8254
Fax: 703-308-8686
E-mail: mcmanus.thea@epa.gov
Wilma McSwain
PEACE
PO Box 148
Richton, MS 39476
Phone: 601-788-6287
Fax: 601-788-6287
E-mail: Not Provided
A. Stanley Meiburg
Deputy Regional Administrator
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8343
Fax: Not Provided
E-mail: meiburg.stan@epa.gov
Jerilyn Lopez Mendoza
Environmental Defense
10951 West Pico Boulevard Suite 300
Los Angeles, CA 90064
Phone: 310-441-5604
Fax: 310-441-0296
E-mail: jmendoza@environmentaldefense.org
Ted Meyer
12341 Lake Street
#4
Eagle River, AK 99577
Phone: Not Provided
Fax: Not Provided
E-mail: tedster55@gci.net
Eileen Miles
Fellow
Centers for Disease Control and Prevention
1600 Clifton Road NE (MS-E23)
Atlanta, GA 30333
Phone: 404-639-5961
Fax: 404-639-2565
E-mail: eimO@cdc.gov
Charles Miller
Wendel Rosen Black & Dean
1111 Broadway 24th Floor
Oakland, CA 94607
Phone: 510-834-6600
Fax: 510-834-1928
E-mail: cmiller@wendel.com
Roy D Miller
Program Manager
Uniformed Services University
3020 Cascade Drive
Abingdon, MD 21009
Phone: 301-295-1522
Fax: 301-295-1579
E-mail: deenm@erols.com
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 22
Vernlce Miller-Travis
Program Officer for Environmental Justice
Ford Foundation
,U.S.
Phone: 212-573-4641
Fax: 410-338-2751
E-mail: v.miller-travis@fordfound.org
Dana Minerva
Deputy Assistant Administrator
Office of Water
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 4101)
Washington. DC 20460
Phone: 202-260-5700
Fax: 202-260-5711
E-mail: minervadana@epa.gov
Marsha Minter
Special Assistant
Office of the Administrator
US Environmental Protection Agency
1200 Pennsylvania Avenue NW(MC 1101)
Washington, DC 20460
Phone: 202-564-6982
Fax: 202-501-1480
E-mail: minter.marsha@epa.gov
Cristina Miranda
Intern
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201A)
Washington, DC 20460
Phone: 202-564-2636
Fax: 202-501-0740
E-mail: miranda.cristina@epa.gov
Harold Mitchell
Director
RE-GENESIS
101 Anita Drive
Spartanburg.SC 29302
Phone: 864-542-8420
Fax: 864-582-4062
E-mail: regenesis50@hotmail.com
Mark A Mitchell
President
Connecticut Coalition for Environmental Justice
PO Box 2022
Hartford, CT 06145-2022
Phone: 860-548-1133
Fax: 860-548-9197
E-mail: m_mhc@msn.com
Carrie Mitchell-Washington
Town of Ridgeville
PO Box 423
Attalla.AL 35954
Phone: 256-538-8961
Fax: 256-538-8947
E-mail: Not Provided
Daphne B. Moffett
Agency for Toxic Substances and Disease
Registry
1600 Clifton Road NE (MS E-32)
Atlanta, GA 30333
Phone: 404-639-0659
Fax: 404-639-0654
E-mail: zzcO@cdc.gov
Leslie Montgomery
Air Planning Branch
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9088
Fax: 404-562-9019
E-mail: montgomery.leslie@epa.gov
Lillian Mood, RN
Community Liaison
South Carolina Department of Health and
Environmental Control
2600 Bull Street
Columbia, SC 29201
Phone: 803-898-3929
Fax: 803-898-3931
E-mail: moodlh@columb30.dhec.state.sc.us
John R Moody
Waste Management Division
Region 9
US Environmental Protection Agency
75 Hawthorne Street (WST-4)
San Francisco, CA 94105-3901
Phone: 415-744-2058
Fax: 415-538-1044
E-mail: moodv.iohnSJeDa.aov
Anthony Moore
Director of Policy
Virginia Department of Environmental Quality
629 East Main Street
PO Box 10009
Richmond, VA 23240-0009
Phone: 804-698-4484
Fax: 804-698-4346
E-mail: aumoore@deq.state.va.us
Carla Moore
Environmental Justice Team
Region 9
US Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1938
Fax: 415-744-1796
E-mail: moore.carla@epa.gov
Rashonda Moore
Environmental Justice Coordinator
Coalition of Black Trade Unionists
Community Health Resources
1380 Poplar Avenue
Memphis, TN 38104
Phone: 901-725-4731
Fax: 901-725-4753
E-mail: rashonda_moore@hotmail.com
Richard Moore
Former Chair of NEJAC
Southwest Network for Environmental and
Economic Justice
PO Box 7399
Albuquerque, NM 87194
Phone: 505-242-0455
Fax: 505-242-5609
E-mail: sneej@igcapc.org
Rachel Morello-Frosch
NSF Post-Doctoral Researcher
School of Public Health
University of California at Berkeley
140 Warren Hall
Berkeley, CA 94720
Phone: 510-642-8853
Fax: 510-642-5815
E-mail: emf@uclink.berkeley.edu
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 23
Janine Morris
Environmental Engineer
Drinking Water Section
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9480
Fax: 404-562-9439
E-mail: morris.janine@epa.gov
Althea M Moses
Program Manager
Office of Environmental Justice
Region 7
US Environmental Protection Agency
901 North 5th Street
Kansas City, KS 66101
Phone: 913-551-7649
Fax: 913-551-7941
E-mail: moses.althea@epa.gov
Indira Moses
Carolina Power & Lighting Company
PO Box 1551
Raleigh, NC 27602
Phone: 919-546-3690
Fax: 919-546-3329
E-mail: indira.moses@cplc.com
Meredith Moses
Project Engineer
Environmental & Engineering Consultants
C-K Associates Inc
17170 Perkins Road
Baton Rouge, LA 70810
Phone: 225-755-1000
Fax: 225-751-2010
E-mail: meredith.moses@c-ka.com
Edgar Moss
Vice President
Mclntosh E J Taskforce Inc
Atlanta, GA 30310
Phone: 334-944-2239
Fax: Not Provided
E-mail: Not Provided
Maria Motloung
SANCO
PO Box 10699
Mokodumela, South Africa 9868
Phone: 27-58-789-1786
Fax: 27-58-789-1154
E-mail: Not Provided
Elsie Motubatse
Swaranang
PO Box 119
Ohrigstad, South Africa 1122
Phone: 27-82-425-0633
Fax: 27-13-764-2467 Magoa
E-mail: Not Provided
Edgar J Mouton
President
Mossville Environmental Action Now (MEAN)
Inc
3608 East Burton
Sulphur, LA 70663
Phone: 337-625-8414
Fax: 337-882-7476
E-mail: focusonmossville@aol.com
Connie Musgrove
Deputy Director
Office of Regulatory Enforcement
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2241 A)
Washington, DC 20460
Phone: 202-564-2220
Fax: 202-564^0011
E-mail: Not Provided
William Muszynski
Deputy Regional Administrator
Office of the Regional Administrator
Region 2
US Environmental Protection Agency
290 Broadway Suite 2620
New York City, NY 10007-1866
Phone: 212-637-5000
Fax: 212-637-5024
E-mail: muszynski.william@epa.gov
Musa Mzimela
Masikhule Nobunye
PO Box 2236
Esikbawani, South Africa 3887
Phone: 27-35-902-2257
Fax: 27-35-902-2229
E-mail: Not Provided
Jennifer Nash
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30322
Phone: 404-727-3697
Fax: 404-727-8744
E-mail: jlnash@learnlink.emory.edu
Sonwabo Ndandani
Tsoga Environmental Center
PO Box 254
Langa, South Africa 7455
Phone: 27-21-694-0004
Fax: 27-21-694-9813
E-mail: Not Provided
Mary Nelson
Bethel New Life Inc
4952 West Thomas
Chicago, IL 60651
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
David Nielsen
Director of Resource Conservation and
Recovery Act
Office of Regulatory Enforcement
Enforcement Division
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2248A)
Washington, DC 20460
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Pam Nixon
Environmental Advocate
West Virginia Department of Environmental
Protection
10McJunkin Road
Nitro, WV 25143
Phone: 304-759-0570
Fax: 304-759-0526
E-mail: pnixon@mail.dep.state.wv.us
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 24
Jill Nogi
Environmental Protection Specialist
Region 10
US Environmental Protection Agency
1200 6th Avenue (OW137)
Seattle. WA 98101
Phone: 206-553-1900
Fax: 206-553-1280
E-mail: nogi.jill@epa.gov
Dara O'Rourke
Assistant Professor
Environmental Poliy Group
Department of Urban Studies and Planning
Massachusetts Institute of Technology
77 Massachusetts Avenue Room 9-328
Cambridge. MA 02139
Phone: 617-243-5196
Fax: 617-253-7402
E-mail: dorourke@mit.edu
Lila Odom
Chairperson
CARAT Team
Coalition of Black Trade Unionists
United Auto Workers
16045 Warwick
Detroit, Ml
Phone: 373-538-0286
Fax: Not Provided
E-mail: Not Provided
Ngozi T Oleru, PhD
Chief
Environmental Health Division
Seattle & King County
Public Health
999 Third Avenue
Suite 700
Seattle, WA 98104-4039
Phone: 206-296-4806
Fax: 206-296-0189
E-mail: ngozl.oleru@metrokc.gov
Priscilla Oliver
Life Scientist
Region 4
US Environmental Protection Agency
PO Box 4305
Atlanta, GA 30302-4305
Phone: 404-562-8292
Fax: 404-562-8269
E-mail: oliver.priscilla@epa.gov
Ken Orloff
Agency for Toxic Substances and Disease
Registry
,U.S.
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
NaTaki Osborne
Emory University
917 Oak Street
Atlanta, GA 30310
Phone: 404-876-2602
Fax: Not Provided
E-mail: osbome@nwf.org
Vivian J Outlaw-Pollard
First Heritage UU Commm
5072 Angela Lane
Lithonia, GA 30038
Phone: 770-987-8362
Fax: Not Provided
E-mail: vpollar@emory.edu
James T Owens
Deputy Director
Office of Administration/Resources Mgmt
Region 1
US Environmental Protection Agency
1 Congress Street
Suite 1100 (MIO)
Boston, MA 02114-2023
Phone: 617-918-1911 ext. or 1900
Fax: 617-918-1929
E-mail: owens.james@epa.gov
Julian D Owens, MPH
Special Expert
Library Operations
National Library of Medicine
National Institutes of Health
8600 Rockville Pike
Bethesda, MD 20894
Phone: 301-496-6921
Fax: 301-496-6293
E-mail: owens@nlm.nih.gov
David A Padgett
Owner/Chief Consultant
Geo-Mental
.U.S.
Phone: 615-963-5508
Fax: 734-939-5813
E-mail: geomental@netscape.net
Carlos M. Padin, PhD
Dean
School of Environmental Affairs
The Metropolitan University
PO Box 21150
San Juan, PR 00928-1150
Phone: 787-766-1717
Fax: 787-751-5540
E-mail: Not Provided
Quentin Pair
Trial Attorney
Environmental Enforcement Section
Environment & Natural Resources Division
US Department of Justice
1425 New York Avenue NW
Washington, DC 20005
Phone: 202-514-1999
Fax: 202-514-2583
E-mail: quentin.pair@usdoj.com
Jeffrey Pallas
Chief, South Section
RCRA Enforcement & Compliance Branch
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8569
Fax: 404-562-8566
E-mail: pallas.jeff@epa.gov
Daniel Palmer
Team Leader
Office of Environment and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2222A)
Washington, DC 20460
Phone: 202-564-5034
Fax: 202-564-0031
E-mail: palmer.daniel@epa.gov
Barbara Parker
North Baton Rouge Environmental Association
13343 Abraham Drive
Baton Rouge, LA
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 25
Romel L Pascual
Regional Enviommental Justice Team Leader
Environmental Justice Office
Region 9
US Environmental Protection Agency
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: 415-744-1212
Fax: 415-744-1598
E-mail: pascual.romel@epa.gov
Gilbert Pasqua
Environmental Protection Specialist
Region 9
US Environmental Protection Agency
75 Hawthorne Street (MD-3)
San Francisco, CA 94105
Phone: 415-744-1595
Fax: 415-744-1604
E-mail: pasqua.gilbert@epa.gov
Bill Pate
Occupational & Environmental Epidemiology
North Carolina Division of Public Health
1912 Mail Service Center
Raleigh, NC 27699-1912
Phone: 919-715-6432
Fax: 919-733-9555
E-mail: bill.pate@ncmail.net
Shirley Pate
Office of Enforcement Capacity and Outreach
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (NIC 2201 A)
Washington, DC 20460
Phone: 202-564-2607
Fax: 202-501-0284
E-mail: pate.shirley@epa.gov
Ginger A. Payne
Atofina
PO Box 1427
Beaumont, TX 77704-1427
Phone: 409-838-3981 ext. 231
Fax: 409-833-2953
E-mail: gpayne@ato.com
Marinelle Payton
Chair, Department of Public Health
Jackson Medical Mall
School of Allied Health Sciences
Jackson State University
350 West Woodrow Wilson Avenue
Suite 3430
Jackson, MS 39213-7681
Phone: 601-364-2580
Fax: 601-982-3127
E-mail: mpayton@mail1 .jsums.edu
Edith Pestana, MPH
Administrator
Environmental Equity Program
Connecticut Department of Environmental
Protection
79 Elm Street
Hartford, CT 06105
Phone: 860-424-3044
Fax: 860-424^153
E-mail: edith.pestana@po.state.ct.us
Cynthia Peurifoy
Community Relations Coordinator
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9649
Fax: 404-562-9487
E-mail: peurifoy.cynthia@epa.gov
Solly Phetoe
COSATU
PO Box 3614
Brits, South Africa 0250
Phone: 27-12-318-2536
Fax: 27-12-318-2449
E-mail: Not Provided
Pamela Phillips
Deputy Director
Superfund Division
Region 6
US Environmental Protection Agency
1445 Ross Avenue Suite 1200
Dallas, TX 75202-2733
Phone: 214-665-6701
Fax: 214-665-7330
E-mail: phillips.pam@epa.gov
R Gary Pierson
Forest Service
US Department of Agriculture
1720 Peachtree Road NW
Atlanta, GA 30367
Phone: 404-347-3183
Fax: 404-347-5401
E-mail: rpierson@fs.fed.us
Solomon Pollard, Jr
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8293
Fax: 404-562-8269
E-mail: pollard.solomon@epa.gov
Carlos Porras
Communities for a Better Environment
5610 Pacific Boulevard Suite 203
Huntington Park, CA 90255
Phone: 323-826-9771 ext. 109
Fax: 323-588-7079
E-mail: lacausala@aol.com
Alan Powell
Environmental Engineer
Air Programs
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30064
Phone: 404-562-9045
Fax: 404-562-9068
E-mail: powell.alan@epa.gov
Yvonne Gavin Powell
PEACE
PO Box 148
Richton, MS 39476
Phone: 601-731-1898
Fax: 601-788-6287
E-mail: Not Provided
Hattie Price
Coalition of Black Trade Unionists
PO Box 23631
St Louis, MO 63121
Phone: 314-383-1993
Fax: Not Provided
E-mail: Not Provided
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 26
Barbara Pullen-Smith
Office of Minority Health
225 North McDonald Street
Cooper Building Suite 6048A
Raleigh, NC 27699-1906
Phone: 919-715-0994
Fax: 919-715-0997
E-mail: barbara.pullen-smith@ncmaH.net
Robert M Ragos
National Program Delivery Manager
Forest Service
US Department of Agriculture
20114th & Independence SW
Washington, DC 20250
Phone: 202-205-0961
Fax; 202-690-1025
E-mail: robertragos/wo@fs.fed.us
Connlo Raines
Manager
Environmental Justice and Community Liaison
Program
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-3104
Phone: 404-562-9671
Fax: 404-562-9664
E-mail: raines.connie@epa.gov
Rosa Ramos
Community Leader
Community of Catano Against Pollution
La Marina Avenue Mf 6 Marina Bahia
Catano, PR 00962
Phone: 787-788-0837
Fax: 787-788-0837
E-mail: rosah@coqui.net
Karen Randolph
Permits and State Programs Division
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5303W)
Washington, DC 20460
Phone: 703-308-8651
Fax: 703-308-8617
E-mail: randolph.karen@epa.gov
Michael Rathsam
Senior Environmental Health Officer
Division of Environmental Health Services
Indian Health Service
122 East Seneca Street
Manlius, NY 13104
Phone: 315-682-3167
Fax: Not Provided
E-mail: michael.rathsam@mail.ihs.gov
Swati Raut
Research Asscociate
Army Environmental Policy Institute
US Department of the Army
101 Marietta Street NW Suite 3120
Atlanta, GA 30303
Phone: 404-524-9364
Fax: 404-524-9368
E-mail: sraut@aepi.army.mil
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@mde.state.md.us
Calvin Reaves
Student
North Carolina Central University
700 Monreene Road Apt B-10
Durham, NC 27705
Phone: 919-309-0780
Fax: Not Provided
E-mail: calvin_reaves@hotmail.com
Doretta Reaves
Public Liaison Specialist
Office of Communications Education and
Public Affairs
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 1702)
Washington, DC 20460
Phone: 202-564-7829
Fax: 202-501-1773
E-mail: reavesdoretta@epa.gov
Leslie Reed
Manager, Clean Water State Revolving Fund
Program
Municipal Financial Assistance Branch
Region 3
US Environmental Protection Agency
1650 Arch Street (3WP21)
Philadelphia, PA 19103-2029
Phone: 215-814-5772
Fax: 215-814-2318
E-maH: reed.leslie@epa.gov
Michael S Regan
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 6102)
Washington, DC 20460
Phone: Not Provided
Fax: Not Provided
E-mail: regan.michael@epa.gov
Donata Renfrew
Army Environmental Policy Institute
Department of the Army
101 Marietta Street NW
Suite 3120
Atlanta, GA 30303-2720
Phone: 404-524-9364
Fax: 404-524-4241
E-mail: drenfrow@aepi.army.mil
William W Rice
Deputy Regional Administrator
Region 7
US Environmental Protection Agency
901 North 5th Street
Kansas City, KS 66101
Phone: 913-551-7306
Fax: 913-551-7976
E-mail: rice.william@epa.gov
Brenda Lee Richardson
President
Women Like Us
PO Box 31003
3008 24th Place
Washington, DC 20030
Phone: 202-678-1978
Fax: 202-889-1917
E-mail: womenlikeusbr@hotmail.com
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 27
Matthew Robbins
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8371
Fax: 404-562-8370
E-mail: robbins.matt@epa.gov
Alfred Roberts
NRCS
US Department of Agriculture
1720 Peachtree Road NW Suite 446N
Atlanta, GA 30309
Phone: 404-347-6105
Fax: 404-347-6108
E-mail: aroberts@se.nrcs.usda.gov
Mark Robertson
Regional Indian Program Coordinator
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9639
Fax: 404-562-9598
E-mail: robertson.mark@epa.gov
Donna Robinson
Environmental Protection Assistant
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9632
Fax: Not Provided
E-mail: Not Provided
Farella Esta Robinson
United States Commission on Civil Rights
400 State Avenue Suite 908
Kansas City, KS 66101
Phone: 913-551-1405
Fax: 913-551-1413
E-mail: farella.e.robinson@usccr.sprint.com
Felicia Robinson
Environmental Engineer
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9371
Fax: 404-562-9343
E-mail: robinson.felicia@epa.gov
Hec Robinson
Photographer
CTEJ
16 Highland Park Avenue
Boston, MA
Phone: 617-427-3768
Fax: Not Provided
E-mail: Not Provided
Leonard Robinson
TAMCO
12459 Arrow Highway
PO Box 325
Rancho Cucamonga, CA 91739
Phone: 909-899-0631 Ext203
Fax: 909-899-1910
E-mail: robinsonl@tamcosteel.com
Philip E Robinson
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7408)
Washington, DC 20460
Phone: 202-260-3910
Fax: 202-260-2219
E-mail: robinson.phil@epa.gov
Delores Rodgers-Smith
Environmental Policy Analyst
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8063
Fax: Not Provided
E-mail: Not Provided
Henry Rodriguez
President
Native American Environmental Protection
Coalition
28714 Valley Center Road Suite F
Valley Center, CA 92082
Phone: 760-751-8686
Fax: 760-751-8685
E-mail: naepc@primenet.com
Helen Schurz Rogers, PhD
Health Scientist
National Center for Environmental Health
Centers for Disease Control and Prevention
1600 Clifton Road NE (MS E23)
Atlanta, GA 30333
Phone: 404-639-2561
Fax: 404-639-2565
E-mail: hhsO@cdc.gov
TJ Roskelley
Northeast States for Coordinated Air Use
Management
,U.S.
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Marvin Ross
Community Relations Manager
Office of Environmental Equity
New Jersey Department of Environmental
Protection
506 East State Street
PO Box 402
Trenton, NJ 08625-0402
Phone: 609-984-9742
Fax: 609-984-9789
E-mail: mross@dep.state.nj.us
Michael Sage
National Center for Environmental Health
Centers for Disease Control and Prevention
National
4770 Buford Highway (MS F-28)
Atlanta, GA 30341-3724
Phone: 770-488-7002
Fax: 301-488-4178
E-mail: mjs6@cdc.gov
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 28
Alberto Saldamando
General Counsel
International Indian Treaty Council
2390 Mission Street Suite 301
San Francisco, CA 94110
Phone: 415-641-4482
Fax: 415-641-1298
E-mail: iitc@igc.apc.org
J Gilbert Sanchez
Executice Director
Tribal Environmental Watch Alliance
Route5Box442-B
Espanola, NM 87532
Phone: 505-747-7100
Fax: 505-747-7100
E-mail: tewawn@msn.com
William H Sanders, III
Director
Office of Pollution Prevention and Toxics
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (NIC 7401)
Washington. DC 20460
Phone: 202-260-3810
Fax: 202-260-0575
E-mail: sanders.william@epa.gov
Sonya Sasscville
Permits and State Programs Division
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5303W)
Washington, DC 20460
Phone: 202-308-8648
Fax: 202-308-8638
E-mail: sasseville.sonya@epa.gov
Malcolm Saunders
Environmental Specialist
Division of Environmental Health
Department of Health and Wellness
Fulton County
99 Butler Street, SE
Atlanta, GA 30303
Phone: 404-730-1357
Fax: 404-730-1304
E-mail: Not Provided
John S Seitz
Director
Office of Air and Radiation
Region 4
US Environmental Protection Agency
MD-13
Research Triangle Park, NC 27711
Phone: 919-541-5616
Fax: 919-541-0501
E-mail: seitz.john@epa.gov
Joseph Sejud
Medical Consultant
Office of Public Health
Louisana Department of Health and Hospitials
.U.S.
Phone: 504-568-7036
Fax: 504-568-7035
E-mail: jsejud@dhhmail.dhh.state.la
Dean Seneca
Health Program Specialist
Centers for Disease Control and Prevention
1600 Clifton Road NE (MS D-39)
Atlanta, GA 30333
Phone: 404-639-7220
Fax: 404-639-7039
E-mail: zkg8@cdc.gov
Larry R Shannon
Chief
Office for External Programs
US Fish and Wildlife Service
US Department of the Interior
4040 N. Fairfax Drive
Suite 130
Arlington, VA 22203
Phone: 703-358-2551
Fax: 703-358-2524
E-mail: larry_shannon@fws.gov
Michael Shapiro
Deputy Assistant Adminisrator
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5101)
Washington, DC 20460
Phone: 202-260-4610
Fax: 202-260-3527
E-mail: shapiro.mike@epa.gov
Sally Shaver
Director
Office of Air Quality Planning and Standards
Region 4
US Environmental Protection Agency
MD-13
Research Triangle Park, NC 27711
Phone: 919-541-5572
Fax; 919-541-0072
E-mail: Not Provided
Kelly Sheckler
Environmental Scientist
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9042
Fax: 404-562-9068
E-mail: sheckler.kelly@epa.gov
Peggy M Shepard
Executive Director
West Harlem Environmental Action Inc
271 West 125th Street Suite 303
New York, NY 10027
Phone: 212-961-1000 ext. 303
Fax: 212-961-1015
E-mail: wheact@igc.org
Van Shrieves
Environmental Scientist
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-8960
Phone: 404-562-9089
Fax: 404-562-9019
E-mail: shrieves.van@epa.gov
Danny Sims
Department of Environmental and
Occupational Health
Rollins School of Public Health
Emory University
1518 Clifton Road NE
Atlanta, GA 30303
Phone: 404-727-3697
Fax: 404-727-8744
E-mail: dbsims@emory.edu
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 29
Molly Singer
International City/County Management
Association
777 North Capitol Street NE Suite 500
Washington, DC 20002
Phone: 202-962-3623
Fax: 202-962-3605
E-mail: msinger@icma.org
L'Tryce Slade
University of North Carolina at Chapel Hill
901 B2 Park Ridge Road
Durham, NC 27713
Phone: 919-493-7163
Fax: Not Provided
E-mail: Islade1@email.unc.edu
Nicole Slaughter
FOIA Specialist
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-8505
Fax: Not Provided
E-mail: slaughter.nicole@epa.gov
George Smalley
Manager, Constituency & Community Relations
Equiva Services LLC
1100 Louisiana Street #2136
Houston, TX 77002
Phone: 713-277-8005
Fax: 713-277-7856
E-mail: gfsmalley@equiva.com
Betsy Smidinger
Chief
Targeting and Evaluation Branch
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2222A)
Washington, DC 20460
Phone: 202-564-1017
Fax: Not Provided
E-mail: smidinger.betsy@epa.gov
Ann Smith
Ashurst Bar/ Smith Community Organization
436 Glenden Drive
Tallassee.AL 36078
Phone: 334-288-4067
Fax: Not Provided
E-mail: acsmith@tallassee.net
Damu Imara Smith
Campaigner
Greenpeace Inc
1436 U Street NW
Washington, DC 20009
Phone: 202-319-2410
Fax: 202-462-4507
E-mail: damu.smith@udc.greenpeace.org
Linda K Smith
Associate Director For Resources
Management
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 2201 A)
Washington, DC 20460
Phone: 202-564-2602
Fax: 202-501-1162
E-mail: smtth.linda@epa.gov
Robert Smith
Program Analyst
American Indian Environmental Office
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 4104)
Washington, DC 20460
Phone: 202-260-8202
Fax: 202-260-7509
E-mail: smith.bob-nmi@epa.gov
Thomas Smith
Ashurst Bar / Smith Community Organization
436 Glenden Drive
Tallassee, AL 36078
Phone: 334-783-4067
Fax: Not Provided
E-mail: Not Provided
Wade Smith
Ashurst Bar / Smith Community Organization
496 Glenden Drive
Tallassee, AL 36078
Phone: 334-283-2826
Fax: Not Provided
E-mail: Not Provided
Winston Smith
Division Director
Air, Pesticides, & Toxics Management Division
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303-3104
Phone: 404-562-9077
Fax: 404-562-9066
E-mail: smith.winston-a@epa.gov
Carolyn Snow
Staff Assistant
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5101)
Washington, DC 20460
Phone: 202-260-4610
Fax: 202-260-3527
E-mail: Not Provided
Anna K Spain
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 6101 A)
Washington, DC 20460
Phone: 202-564-1453
Fax: 202-501-1004
E-mail: spain.anna@epa.gov
Porche Spence
Intern
Region 4
US Environmental Protection Agency
2117 Mariner Circle
Raleigh, NC 27603
Phone: 919-839-8535
Fax: Not Provided
E-mail: porchespence@yahoo.com
Alonzo Spencer
President
Save Our County inc
Tri-State Environmental Council
PO Box 1242
East Liverpool, OH 43920
Phone: 330-385-4584
Fax: 330-385-4584
E-mail: Not Provided
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 30
Moses Squeochs
Yakama Nation
PO Box 151 Fort Road
Toppenish, WA 98948
Phone: 509-865-5121
Fax: 509-865-5522
E-mail: mose@yakama.com
Jane Stahl
Deputy Assistant Commissioner
Connecticut Department of Environmental
.Protection
79 Elm Street
Hartford, CT 06106-5127
Phone: 860-424-3009
Fax; 860-424-4054
E-mail: janestahl@po.state.ctus
John Stanton
Associate Editor
Inside EPA
1225 Jefferson Davis Highway Suite 1400
Arlington, VA 22202
Phone: 703-416-8536
Fax: 703-416-8543
E-mail: john.stanton@iwpnews..com
Juanlta R Stewart
President
LEAN
North Baton Rouge Environmental Association
PO Box 781
Baker, LA 70704-0781
Phone: 225-774-7143
Fax: Not Provided
E-mail: Not Provided
Lo Vonne Stone
Executice Director
Fort Ord Environmental Justice Network
PO Box 361
Marina, CA 93933
Phone: 831-883-1254
Fax: Not Provided
E-mail: evnjustice@redshift.com
Dean Suagce
First Nations Environmental Law Program
Vermont Law School
Chelsea Street
South Royalton, VT 05068
Phone: 802-763-8303 ext. 2341
Fax: 802-763-2940
E-mail: dsuagee@vemnontlaw.edu
Nancy Sutley
California Environmental Protection Agency
555 Capitol Mall Suite 525
Sacramento, CA 95814
Phone: 916-322-7215
Fax: 916-324-0908
E-mail: nsutley@calepa.ca.gov
Joseph E Svoboda
Chief, Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
PO Box 19276
Springfield, IL 62794-9276
Phone: 217-782-5544
Fax: 217-782-9807
E-mail: epa8807@epa.state.il.us
Samara Swanston
The Watch Person Project
113 Berry Street
Brooklyn, NY 11211
Phone: 718-384-3339
Fax: 718-384-3394
E-mail: Not Provided
Rabbi Dan Swartz
Executive Director
Children's Environmental Health Network
110 Maryland Avenue NE Suite 511
Washington, DC 20002
Phone: 202-543-4033
Fax: 202-543-8797
E-mail: dswartz@cehn.org
Tern Swearingen
Coordinator
Tri-State Environmental Council
Route 1 Box 365
Chester, WV 26034
Phone: 304-387-0574
Fax: 304-387-0574
E-mail: tswearin@weir.net
Mervyn Tano
President
International Institute for Indigenous Resource
Management
444 South Emerson Street
Denver, CO 80209-2216
Phone: 303-733-0481
Fax: 303-744-9808
E-mail: mervtano@iiimi.org
Michael Taylor
Vita Nuova
97 Head of Meadow
Newtown, CT 06470
Phone: 203-270-3413
Fax: 203-270-3422
E-mail: tayJorm@pcnet.com
Willie R Taylor
Director
Office of Environmental Policy and Compliance
US Department of the Interior
1849 C Street NW Room 2340
Washington, DC 20240
Phone: 202-208-3891
Fax: 202-208-6970
E-mail: willie_taylor@iosdoi.gov
Claude E Terry
Manager
CTA Environmental Inc
50 Executive Park South Suite 5010
Atlanta, GA 30329
Phone: 404-728-9217
Fax: 404-728-9103
E-mail: cta@mindspring.com
Christopher P Thomas
Environmental Engineer
Office of Enforcement and Compliance
Environmental Justice
Region 3
US Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19106
Phone: 215-814-5555
Fax: 215-814-3172
E-mail: thomas.chris@epa.gov
Hardy Thomas
Health Safety Officer
PO Box 44715
Detroit, Ml 48244
Phone: 313-599-1117
Fax: Not Provided
E-mail: bigfellow@excite.com
Final: September 12, 2000
-------
May 2000 NEJAC Meeting
List of Attendees
Page 31
James L Thompson, Jr
Assistant Special Agent in Charge
Office of Criminal Enforcement
Region 3
US Environmental Protection Agency
1650 Arch Street (3CEOO)
Philadelphia, PA 19107-2029
Phone: 215-814-2374
Fax: 215-814-2383
E-mail: thompson.james@epa.gov
Patricia Tidwell
Special Assistant to Assistant Administrator
Office of Solid Waste and Emergency
Response
US Environmental Protection Agency
401 M Street SW (5101)
Washington, DC 20460
Phone: 202-260-4610
Fax: 202-260-3527
E-mail: tidwell.patricia@epa.gov
Francisco A Tomei-Torres
Minority Health Program Specialist
Agency for Toxic Substances and Disease
Registry
1600 Clifton Road NE (MS E28)"
Atlanta, GA 30333
Phone: 404-639-5060
Fax: 404-639-5063
E-mail: fbt3@cdc.gov
Henry Topper
Baltimore Partnership Project
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7408)
Washington, DC 20460
Phone: 202-260-6750
Fax: 202-260-2219
E-mail: topper.henry@epa.gov
Gerald Torres
Vice Provost / Professor of Law
University of Texas Law School
727 East Dean Keeton Room 3266
Austin, TX 78705
Phone: 512-232-1368
Fax: 512-232-3310
E-mail: gtorres@mail.law.utexas.edu
Connie Tucker
Executive Director
Southern Organizing Committee for Economic
and Social Justice
PO Box 10518
Atlanta, GA 30310
Phone: 404-755-2855
Fax: 404-755-0575
E-mail: socejp@igcapc.org
John Tucker
Assistant Professor
Biological and Environmental Sciences
The University of Tennessee at Chattanooga
215 Holt Hall 615 McCallie Avenue
Chattanooga, TN 37403-2598
Phone: 423-755-4341
Fax: 423-785-2285
E-mail: john-tucker@utc.edu
Haywood Turrentine
Executive Director
Laborers' District Council Education and
Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: 610-524-0404
Fax: 610-524-6411
E-mail: Not Provided
David Ullrich
Deputy Regional Administrator
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard (R-19J)
Chicago, IL 60604-3590
Phone: 312-886-3000
Fax: 312-353-1120
E-mail: ullrich.david@epa.gov
Robert WVarney
Commissioner
New Hampshire Deptartment of Environmental
Services
6 Hazen Drive
Concord, NH 03301
Phone: 603-271-3449
Fax: 603-271-2867
E-mail: rvarney@des.state.nh.us
Thomas C Voltaggio
Deputy Regional Administrator
Hazardous Waste Management Division
Region 3
US Environmental Protection Agency
1650 Arch Street
Philadelphia, PA 19103
Phone: 215-814-3125
Fax: 215-814-2901
E-mail: voltaggio.tom@epa.gov
Caitlin Waddick
Doctoral Student
City Planning Program
College of Architecture
Georgia Institute of Technology
Atlanta, GA 30332-0155
Phone: 404-894-2353
Fax: 404-894-1628
E-mail: caitlin.waddick@arch.gatech.edu
Alice Walker
Senior Program Analyst
Office of Water
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 4102)
Washington, DC 20460
Phone: 202-260-1919
Fax: 202-269-3597
E-mail: walker.alice@epa.gov
Jana L Walker
Law Office of Jana L Walker
141 Placitas Trails Road
Placitas, NM 87043
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Kimyada Walls
Office of Air and Radiation
Region 4
US Environmental Protection Agency
MD-13
Research Triangle Park, NC 27711
Phone: 919-541-0375
Fax: 919-541-0072
E-mail: walls.kimyada@epa.gov
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Page 32
Alan Walts
Region 5
US Environmental Protection Agency
77 West Jackson Boulevard (C-14J)
Chicago, IL 60604
Phone: 312-353-8894
Fax: 312-886-0747
E-mail: walts.alan@epa.gov
Jackie Ward
Associate Director
Southern Organizing Committee for Economic
and Social Justice
PO Box 10518
Atlanta, GA 30310
Phone: 404-755-2855
Fax: 404-755-0575
E-mail: socejp@igc.apc.org
Ruoben Warren
Associate Administrator for Urban Affairs
Agency for Toxic Substances and Disease
Registry
1600 Clifton Road NE (MS E28)
Atlanta. GA 30333
Phone: 404-639-5060
Fax: 404-639-5063
E-mail: rcw4@cdc.gov
Cynthia Warrick
School of Pharmacy
Howard University
2300 Fourth Street NW
Washington, DC 20059
Phone: 202-806-4919
Fax: 202-806-4636
E-mail: cwarrick@howard.edu
Carlton Waterhouse
Attorney
Office of Legal Support
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, GA 30303
Phone: 404-562-9676
Fax: 404-562-9664
E-mail: waterhouse.carlton@epa.gov
Floyd Wellborn
Region 4
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta, FL 30303
Phone: 404-562-9296
Fax: 404-562-8692
E-mail: wellbom.floyd@epa.gov
Corinne Wellish
Director
Policy and Resources Management Office
Office of Water
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 4102)
Washington, DC 20460
Phone: 202-260-3881
Fax: 202-260-0587
E-mail: wellish.corinne@epa.gov
Charles Wells
Office of the Director
National Institute of Environmental Health
Sciences
31 Center Drive (MS 2256) Room B1C02
Bethesda, MD 20892-2256
Phone: 301-496-2920
Fax: 301-496-0563
E-mail: wells1@niehs.nih.gov
Suzanne E Wells
Director
Community Involvement and Outreach Center
Superfund Program
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 5204G)
Washington, DC 20460
Phone: 703-603-8863
Fax: 703-603-9100
E-mail: wells.suzanne@epa.gov
Betsey Weltner
Weltner Communications
50 Hurt Plaza Suite 910
Atlanta, GA 30303
Phone: 404-681-5475
Fax: 404-681-5478
E-mail: betsey@weltner.com
Chen H Wen
Program Analyst
Office of Pollution Prevention and Toxics
Office of Prevention Pesticides and Toxic
Substances
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7404)
Washington, DC 20460
Phone: 202-260-4109
Fax: 202-260-0178
E-mail: wen.chen@epa.gov
Michael Wenstrom
Region 8
US Environmental Protection Agency
999 18th Street Suite 500
Denver, CO 80202-2466
Phone: 303-312-7009
Fax: 303-312-6409
E-mail: wenstrom.mike@epa.gov
Angele C White
Public Health Consultant
Private Consultant
138 Taussig Place NE Apt 1
Washington, DC 20011
Phone: 202-635-3387
Fax: 202-635-3387
E-mail: angelecw@yahoo.com
Douglas H White
Senior Policy Advisor
Region 2
US Environmental Protection Agency
290 Broadway
Room 2620
New York, NY 10007-1866
Phone: 212-637-5032
Fax: 212-637-5024
E-mail: Not Provided
Jalonne White
National Society of Black Engineers
1148 Hidden Ridge Avenue No 1275
Irving, TX 75038
Phone: 972-714-3868
Fax: 214-631-4313
E-mail: jlwhite@usg.com
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Page 33
Damon Whitehead
Earth Conservation Corps
PO Box 77263
Washington, DC 20013-7263
Phone: 202-607-0864
Fax: 301-483-9779
E-mail: wpd7@yahoo.com
Joyce Whiten
Senior Policy Advisor
Planning and Research
Office of Governor Gray Davis
1400 10th Street
Sacramento, CA 95814
Phone: 916-322-2318
Fax: 916-324-9936
E-mail: joyce.whiten@opr.ca.gov
Donele Wilkins
Detroiters Working For Environmental Justice
PO Box 14944
Detroit, Ml 48214
Phone: 313-821-1064
Fax: 313-821-1072
E-mail: dwdwej@aol.com
Margaret Williams
President
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: 850-494-2601
Fax: 850-479-2044
E-mail: Not Provided
Shirley Williams
Pollution Member
Community Against Pollution
1116 West 17th Street
Anniston, AL 36201
Phone: 256-237^948
Fax: 256-236-6248
E-mail: sisterbake@aol.com
Jeanean Willis
Senior Public Health Analyst
Office of Minority Health
Health Resources and Services Administration
5600 Fishers Lane Room 10-49
Rockville, MD 20856
Phone: 301-443-0943
Fax: 301-443-7853
E-mail: jwillis@hrsa.gov
J Wil Wilson, Jr
Enviormental Justice Coordinator
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 6101)
Washington, DC 20460
Phone: 202-564-1954
Fax: 202-564-1549
E-mail: wilson.wil@epa.gov
Johnny Wilson
Clark Atlanta University
2518 Springdale Road SW
Atlanta, GA 30315
Phone: 404-880-8245
Fax: 404-880-8717
E-mail: jwilson_l@cau.edu
Sacoby Wilson
Graduate Student
Department of Environmental Science and
Engineering
University of North Carolina at Chapel Hill
1000 Smith Level Road
Apartment C1
Carrboro, NC 27510
Phone: 919-960-2777
Fax: Not Provided
E-mail: smwilson@email.unc.edu
Arthur Wing, IV
Environmental Justice Coordinator
Office of Civil Rights & Urban Affairs
Region 1
US Environmental Protection Agency
1 Congress Street
Boston, MA 02203
Phone: 617-918-1347
Fax: 617-918-1291
E-mail: wing.art@epa.gov
Steve Wing
Department of Epidemiology
University of North Carolina-Chapel Hill
Box 7400 McGavran-Greenberg Building
Chapel Hill, NC 27514
Phone: 919-966-7445
Fax: 919-966-2089
E-mail: Not Provided
Robert Wingfield, Jr
Associate Professor
Department of Chemistry
Fisk University
1000 17th Avenue N
Nashville, TN 37211
Phone: 615-329-8626
Fax: 615-329-8816
E-mail: rwingfld@dubois.fisk.edu
Dwain Winters
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 7404)
Washington, DC 20460
Phone: 202-260-8558
Fax: 202-260-0018
E-mail: winters.dwain@epa.gov
Anna Marie Wood
Senior Regulatory Impact Analyst
Office of Enforcement and Compliance
Office of Air and Radiation
US Environmental Protection Agency
1200 Pennsylvania Avenue NW (MC 6103A)
Washington, DC 20460
Phone: 202-564-1664
Fax: 202-564-1554
E-mail: wood.anna@epa.gov
Pat Hill Wood
Senior 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-mail: pkwood@gapac.com
Richard (Dick) Woodruff, PE
Village Creek Human and Environmental
Justice Society
Herdon Engineering Association
PO Box 660348
Birmingham, AL 35266
Phone: 205-823-7480
Fax: 205-823-7483
E-mail: Not Provided
Final: September 12, 2000
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May 2000 NEJAC Meeting
List of Attendees
Page 34
Beverly Wright
Director
Deep South Center for Environmental Justice
Xavier University
7325 Palmetto Street Box 45B
New Orleans, LA 70125
Phone: 504-483-7340
Fax: 504-488-3081
E-mail: dscej@aol.com
Beverly M Wright
Chairperson
Wampanoag Tribe of Gay Head Aquinnah
20 Black Brook Road
Aguinnah, MA 02535
Phone: 508-645-9265
Fax: 508-645-3790
E-mail: chairprs@wtgh.vineyard.net
Russ Wright
Director
Science and Ecosystems
Region 4
US Environmental Protection Agency
980 College Station Road
Athens, GA 30605
Phone: 706-355-8505
Fax: 706-355-8508
E-mail: Not Provided
Michelle Xenos
Shundahai Network
5007 Elmhurst Lane
Las Vegas, NV 89108
Phone: 702-647-3095
Fax: 702-547-9385
E-mail: shundahai@shundahai.org
Gerald H Yamada
Attorney
Paul Hastings Janofsky and Walker LLP
1200 Pennsylvania Avenue NW 10th Floor
Washington, DC 20460
Phons: 202-508-9573
Fax: 202-508-9700
E-mail: ghyamada@phjw.com
Marianne Yamaguchi
Director
Santa Monica Bay Restoration Project
320 West 4th Street Suite 200
Los Angeles, CA 90013
Phone: 213-576-6614
Fax: 213-576-6646
E-mail: myamaguc@rb4.swrcb.ca.gov
Tseming Yang
Vermont Law School
Chelsea Street Whitcomb House
South Royalton, VT 05068
Phone: 802-763-8303 ext. 2344
Fax: 802-763-2663
E-mail: tyang@venmontlaw.edu
Evelyn Yates
President
CWWG
Pine Bluff for Safe Disposal
4323 Olive No 115
Pine Bluff, AR 71602
Phone: 870-543-8922
Fax: 870-543-8484
E-mail: yates_e@yahoo.com
Harold Yates
Senior Community Involvement Coordinator
Hazardous Site Cleanup Division
Region 3
US Environmental Protection Agency
1650 Arch Street.
Philadelphia, PA 19103 •
Phone: 215-814-5530
Fax: 215-814-5518
E-mail: yates.hal@epa.gov
Laura Yoshii
Deputy Regional Administrator
Region 9
US Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-1001
Fax: 415-744-2499
E-mail: yoshii.laura@epa.gov
James Younger
Region 1
US Environmental Protection Agency
One Congress Street Suite 1100
Boston, MA 02114-2023
Phone: 617-918-1061
Fax: 617-918-1029
E-mail: younger.james@epa.gov
Ian Zabarte
Western Shoshone National Council
PO Box 210
Indian Springs, NV 89018
Phone: 702-879-3237
Fax: Not Provided
E-mail: izabarte@msn.com
Isidro Zarraga
Lawyer
CVSCAFT
, Philipines
Phone: 632-911-0224
Fax: 632-911-6373
E-mail: zarrga@mozcom.com
Harold Zenick
Associate Director
National Health and Environmental Effects
Research Laboratory
Region 4
US Environmental Protection Agency
MD-87
Research Triangle Park, NC 27711
Phone: 919-541-2283
Fax: 919-541^201
E-mail: zenick.hal@epa.gov
Final: September 12, 2000
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APPENDIX D
WRITTEN PUBLIC COMMENT
STATEMENT
pgaJs^
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An Open Letter from the United Church of Christ Commission for Racial Justice
Presented to the National Environmental Justice Advisory Council during its
General Public Comment Period at the Atlanta, Georgia NEJAC Meeting
May 23, 2000
Greetings NEJAC Members:
The United Church of Christ Commission for Racial Justice, as you well
know, is no stranger to the environmental justice movement. As a part of
our ongoing commitment of ensuring environmental equity and justice for
poor and people of color communities, a delegation of pastors and church
leaders traveled in March to the island of Vieques, Puerto Rico. There, we
witnessed firsthand the devastating effects of 60 years of this land being
used by the U.S. Navy as a target practice range. This has led to serious
human health effects and degradation of the natural environment for the
people of Vieques. On May 4th, protesters were removed from the 14 civil
disobedience camps in the bombing area and in front of the gate to the
Navy facility. To date, many other arrests have occurred.
In an agreement made between President Clinton and Governor Rosello of
Puerto Rico on January 31,2000, without consulting the people of
Vieques, it was decided there would be a referendum with the following
two choices: (1) that the Navy would continue training with "inert bombs"
and leave in 3 years; or (2) that the Navy would stay for an indefinite period
of time and continue bombing. As of this writing, U.S. warplanes have
resumed bombing practice at the target range in Vieques. In the eyes of
those of us in the religious community, by this action, President Clinton is
violating his own Executive Order on Environmental Justice. In effect,
making it not seem worth the 'chlorine free' paper it is written on!
Ongoing evidence of environmental degradation and injustice has been
demonstrated by several credible scientists, epidemiologists and
researchers who have found that:
• Vieques suffers a 27% higher cancer case rate than the rest of Puerto
Rico.
• Large scale ecological destruction has occurred as a result of over half
century of bombing.
• Chemicals from the bombing area are transported by diverse means
through civilian areas.
• Dangerously high levels of heavy metals and other toxic chemicals
related to military activities have been found in the soil and water.
• Children attending schools near the bombing area often must dismiss
early to accommodate the bombing.
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The United Church of Christ Commission for Racial Justice is urging the
NEJAC to call for an immediate and full investigation to determine the
plans that are underway by the Environmental Protection Agency and other
Federal agencies to clean up the areas that have been affected by decades
of bombing, to address some of the related health problems, and to
continue to deny the U.S. Navy permission to conduct bombing activity
that results in discharges into bodies of water.
We, in the United Church of Christ, wholeheartedly support the struggle for
economic and environmental justice that is being waged by the people of
Vieques, and people of color in communities everywhere. Our commitment
is to speak truth to power so that 'environmental justice will not roll down
like polluted waters, and environmental injustice like an ever flowing
stream9. We intend to be vigilant and vocal on this issue of Vieques.
tev. Adora Iris Le
Ministei/for Envirj
United Church of
ntal Justice
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