United States
Environmental Protection
Agency
Enforcement and
Compliance Assurance
(2201 A)
EPA/300-R-97-004
August 1997
www.epa.gov
Office of Environmental Justice
&EPA Environmental Justice:
Working Toward Solutions
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TABLE OF CONTENTS
PREFACE iii
EXECUTIVE SUMMARY v
1 INTRODUCTION 1
2 AD VANCING ENVIRONMENTAL JUSTICE IN THE
FEDERAL GOVERNMENT 3
IMPLEMENTING ENVIRONMENTAL JUSTICE AT EPA 3
EPA'S ROLE IN WORKING WITH OTHER FEDERAL AGENCIES
ON ENVIRONMENTAL JUSTICE ISSUES 10
3 INCREASING PUBLIC PARTICIPATION AND OUTREACH 13
THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY
COUNCIL (NEJAC) 13
ENHANCING PUBLIC PARTICIPATION AND OUTREACH 14
ENHANCING CULTURAL DIVERSITY 15
OUTREACH EFFORTS 17
4 SUPPORTING ECONOMIC/REDEVELOPMENT EFFORTS 19
FORMING PUBLIC/PRIVATE PARTNERSHIPS: CASE STUDIES 19
EPA'S BROWNFIELDS ECONOMIC REDEVELOPMENT
INITIATIVE 20
EMPOWERMENT ZONE/ENTERPRISE COMMUNITIES (EZ/EC) 20
COMMUNITY-BASED LEAD ABATEMENT DEMONSTRATION
PROJECTS 20
5 BUILDING CAPACITY FOR STAKEHOLDERS 23
GRANTS PROGRAM 23
TECHNICAL ASSISTANCE PROGRAM 25
6 PROTECTING PUBLIC HEALTH 27
CLINICAL INVESTIGATIONS 27
URBAN RISK ASSESSMENTS 28
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7 UTILIZING LEGAL AND ENFORCEMENT TOOLS TO
IMPLEMENT ENVIRONMENTAL JUSTICE DIRECTIVES 31
EPA-APPROVED AND DELEGATED ENVIRONMENTAL PROGRAMS 31
CITIZENS PETITION PROVISIONS - TOXIC SUBSTANCES CONTROL
ACT (TSCA) SECTION 21 31
CITIZEN SUIT PROVISIONS 32
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 32
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) 33
NATIONAL RELOCATION POLICY 33
SETTLEMENT PROVISIONS 34
ENFORCEMENT COMPLIANCE ACTIVITIES AND THE PUBLIC 34
CITIZENS MONITORING PROGRAMS 35
EMERGING COMPLIANCE AND ENFORCEMENT INITIATIVES 36
8 REGIONAL HIGHLIGHTS 37
REGION I 37
REGION II 39
REGION III 43
REGION IV 45
REGION V 48
REGION VI 50
REGION VII 53
REGION VIII 56
REGION IX 58
REGION X 64
APPENDICES
I SUMMARY OF NEJAC ACTIVITIES
II ACRONYMS USED IN THIS REPORT
III TIME LINE FOR ENVIRONMENTAL JUSTICE ACTIVITIES
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PREFACE
November 1997 will mark the fifth year since the inception of the Office of Environmental
Justice (formerly Office of Environmental Equity) at the U.S. Environmental Protection Agency
(EPA). The office, originally established to conduct education and awareness programs, received
a broader mandate in 1993. In addition to educating all stakeholders about environmental justice,
the office is charged with developing and implementing a national platform for action. Guided
by the 1994 President's Executive Order on Environmental Justice and stakeholders' advice from
the National Environmental Justice Advisory Council, EPA has evolved a strategy with
commitments to ensure environmental protection for all communities, irrespective of race and/or
income.
The environmental justice movement was started by people, primarily people of color and low-
income communities, who needed to address the inequity of environmental protection services in
their communities. Grounded in the struggles of the 1960s civil rights movement, these citizens
from every facet of life, emerged to elucidate the environmental inequities facing millions of
people. These communities rose to articulate and raise concerns about public health threats
posing an immediate danger to the lives of their families, their communities, and themselves.
Environmental justice is about local people facing local problems and designing practical
solutions to address challenging environmental issues. The environmental justice movement
advocates programs that promote environmental protection within the context of sustainable
development. Utilizing various methods, including traditional knowledge about the ecosystem
and community mobilization, the environmental justice community has become a formidable
force in the protection of both the urban and rural environments.
This report provides an overview of more than four years of EPA's environmental justice
program, with a focus on the successes, failures, and advances towards a more effective program.
The title of the report: "Working Towards Solutions" is suggestive of the fact that, while much
has been accomplished, we at EPA believe that environmental justice is still in its infancy with
respect to its potential impact on EPA's programming for improved quality of life for all
Americans.
EPA continues to seek objective and cost-effective ways of facilitating new stakeholders
approaches, evaluating programs, establishing realistic expectations, and measuring success.
This report is consistent with the Government Performance and Results Act of 1993 which is
intended "...to improve public confidence in federal agency performance by holding agencies
accountable for achieving program results...". This report attempts to capture some successful
examples of environmental justice efforts. Without being exhaustive, it focuses on those
initiatives, programs and practices which have had both adverse and positive results on
sustainable economic and environmental activities. Beyond highlighting existing Agency
programs and projects, this report outlines major initiatives that were supported by EPA.
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In the final analysis, the success of this office will be demonstrated by its ability to give a voice
to communities who historically were voiceless, and to develop policies which empower local
institutions to address environmental issues, and translate pollution concerns into environmental
regulations to protect the health and safety of all communities including low-income populations
and communities of color.
Clarice E. Gaylord, Ph.D.
Director, Office of Environmental Justice
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EXECUTIVE SUMMARY
This report, "Working Toward Solutions", summarizes environmental justice activities and programs of
the U.S. Environmental Protection Agency (EPA). As the lead agency under the President's Executive
Order on Environmental Justice, EPA seeks to develop and implement a national objective to ensure that
all people, regardless of race, ethnicity, culture or income status, live in a healthy, safe and sustainable
community.
Implementing environmental justice programs at EPA has required modifying the Agency's approach to
educating its officials to recognize that certain populations who are disproportionately impacted by
environmental pollution are excluded from the decision and policy making process. Achieving a
successful environmental justice program requires the presence of senior management commitment;
environmental justice guidance for all staff; environmental justice training; a cross-media team approach;
coordination with states, Indian tribes, industry, and all stakeholders; resources devoted to program
implementation; systematic review and integration of environmental justice priorities into activities;
establishment of pilot projects; and development of measurement tools for accountability.
The report addresses successful programs as well as present and future challenges. It reviews a number
of environmental assessment methods, including geographic information systems, the Toxic Release
Inventory, LandView II and the Integrated Data for Enforcement Analysis system. EPA's role in
assisting other federal agencies on environmental justice issues, federal reinvention initiatives, regional
environmental justice programs and sustainable development is discussed.
The report outlines the role and importance of the National Environmental Justice Advisory Council as a
stakeholder group to give advice and guidance to the Agency on effective environmental justice
strategies. The Council has had positive influences on how the Agency approaches public policy
development, health and research issues, international concerns, enforcement remedies, and
environmental justice integration into program operations.
Public participation and meaningful involvement are the cornerstones to effectively address
environmental justice issues. The report describes the Agency's outreach activities to the broadest
audience possible, and pays particular attention to the need to enhance cultural diversity in all phases of
the Agency's operation.
Paramount to resolving local environmental problems is the Agency's effort to support sustainable
economic and redevelopment efforts. Urban revitalization projects, the Brownfields Initiative, and
Empowerment Zone/Enterprise Communities present opportunities to create jobs and business
opportunities for communities dealing with urban degradation and blight. Financial and technical
assistance programs have been important efforts in building capacity for stakeholder groups to ensure
fairness and equity under environmental laws.
Protecting public health and safety have taken on a new urgency in high-risk communities. The
Agency's new cumulative exposure project, human exposure assessments, and urban risk assessments
have only recently begun and will continue for many years to evaluate links between toxic exposure and
subsequent health effects in disproportionately affected populations.
Utilization of a variety of legal and enforcement tools offers one important way for advancing public
policy and practices to ensure that environmental laws are implemented and enforced in low-income
communities and minority communities. Cases are currently being tried in the courts, administrative
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complaints are being filed with EPA and other agencies, and national policies are being created or
modified. However, success ultimately revolves around mutually acceptable local solutions to local
problems.
On the whole, environmental regulations and enforcement remedies are complex multidimensional
subjects with a matrix of consequences to different communities and populations. One of the challenges
facing the nation is the creation of an acceptable balance between employment-related issues, public
health and welfare issues, and technology and development issues. The people bearing the brunt of
environmental pollution are frequently the voiceless and disadvantaged.
heWolfRj
CITIZENS FREQUENTLY DEMONSTRATE THEIR CONCERN THROUGH EFFORTS SUCH AS THIS ONE.
Equity is essential for integration of the aspirations and the hopes of low-income populations and
communities of color, and for promoting the sustainable health of the earth's environment in formulating
regulations and policies that have enduring benefits for all mankind. Recent ecological research and
global meteorological studies show that the earth is a global village. Pollution in one community will
ultimately contribute to the pollution in other communities through the air, the water, and the food chain.
This report seeks to outline efforts to provide environmental justice for all people.
VI
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CHAPTER 1
Introduction
Solutions to the disproportionate impact of environmental actions on low-income populations and
communities of color are based on factors that are characteristic of environmental justice. The goal of
environmental justice is to ensure that all people, regardless of race, national origin, or income, are
protected from disproportionately high and adverse impacts to human health and the environment.
Environmental justice communities are generally residents who are of a minority and/or low-income
group; excluded from the environmental policy setting and/or decision-making process; subject to a
disproportionate impact from one or more environmental hazards; or experience a different
implementation of environmental regulations, requirements, practices and activities in their communities.
Inequality in the application and enforcement of environmental laws and regulations are due to several
factors, such as:
Government officials lack awareness about the disparate levels of
environmental protection exist in low-income communities and
communities of color.
Communities most affected by environmental burdens are not included
in public policy and environmental processes.
Minority and/or low-income communities lack adequate access to public
information.
Data, risk, and health effect assessments are not designed to evaluate
multiple risks, or cumulative and synergistic effects.
Legal tools and enforcement remedies are not effectively used to redress
environmental inequity problems.
Conditions associated with discrimination in housing, employment, and
education aggravate disparity.
Urban economic redevelopment programs are inadequate for low-income
and minority populations; they may heighten environmental problems, as
well.
Lack of workforce diversity in senior or key management positions in
federal, state, and local governments.
Chapter 2 focuses on the steps U.S. Environmental Protection Agency (EPA) and other federal agencies
have taken to more effectively address environmental justice concerns. Subsequent chapters focus on
EPA's outreach efforts to stakeholders; the conduct of environmental assessments; the enhancement of
cultural diversity; support for economic and/or redevelopment efforts; utilization of legislative and
judicial remedies; and concern for the public health and safety of all populations.
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CHAPTER 2
Advancing Environmental Justice in the Federal Government
IMPLEMENTING ENVIRONMENTAL JUSTICE AT EPA
"EPA is making extra efforts to reach out to communities which may have
environmental justice concerns to ensure that they are fully informed and
able to participate in decisions."
Carol Browner, EPA Administrator
Raising Awareness
To effectively address environmental justice concerns, EPA
has focused on changing the Agency's approach to educating
staff on the importance of recognizing that certain
populations are disproportionately impacted by
environmental pollution and that this affected population also
has been excluded from decision and policy-making
processes. Training courses, workshops, and seminars have
been offered to EPA and other federal, state and local
officials over the last four years. Many environmental justice
awareness training courses have become institutionalized in regional and program offices and are offered
at regular intervals. These courses routinely cover the historical perspective of environmental justice, the
events that led to EPA's involvement and the Agency's responsibility to ensure that fairness and justice
for all populations are integrated into environmental programs, policies and activities.
The goals of EPA training programs are to make environmental justice an integral part of the day-to-day
activities of each employee. Environmental justice training is multi-media and interdisciplinary,
addressing such issues as air and water regulations, hazardous waste transport, storage and disposal
problems, pesticide and hazardous chemical exposures, public health effects in sensitive populations, and
enforcement and compliance issues. Environmental justice training has been integrated into various
courses, such as, inspector training, public outreach training for Resource Conservation Recovery Act
(RCRA), risk assessment, and enforcement targeting training. A series of environmental justice seminars
are being offered through EPA's National Enforcement Training Institute. Post course evaluations have
been favorable and staff have acquired a better understanding and awareness of disparate environmental
hazards and their impacts on low-income populations and communities of color. Environmental justice
concerns are being raised and addressed much more frequently.
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ELEMENTS OF SUCCESSFUL ENVIRONMENTAL JUSTICE
PROGRAM INTEGRATION
1. Senior management commitment and strategy
2. Environmental justice policy directive given to all staff
3. Environmental justice training
4. Cross media teams approach
5. Resources devoted to program implementation
6. Systematic review and integration of environmental justice priorities
into activities
7. Establishment of pilot projects
8. Establishment of measurement tools for accountability
Integrating environmental justice within the Agency has been met with varying degrees of success. One
of the first offices to introduce major changes was the Office of Solid Waste and Emergency Response
(OSWER). In 1993, the Assistant Administrator issued a policy statement directing all OSWER staff to
incorporate environmental justice goals in their project formulation and implementation. The Office
established an Environmental Justice Steering Committee, introduced reforms in RCRA and the
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Superfund
regulation, developed an aggressive public outreach strategy in the Brownfields and Relocation
programs, modified the Superfund technical assistance grants program, and published annual
Environmental Justice Accomplishment Reports.
Other offices and regions that have made
notable changes include the Office of
Prevention, Pesticides, and Toxic Substances
(OPPTS) and the Office of Enforcement and
Compliance Assurance (OECA). OPPTS's
cumulative risk assessment studies, the
Worker Protection Standards and other farm
worker outreach issues, the new agricultural
feedlot project, and the Urban Pesticides
programs show special commitment to
environmental justice. In addition, OPPTS has implemented the Lead Residential Demonstration
Initiative to show that an effective, well-planned program can significantly reduce blood-lead levels in
underprivileged children. The Enforcement and Compliance Assurance Roundtable, risk-based targeting
efforts, creative approaches to settlement provisions, and enforcement outreach projects demonstrate
OECA's efforts to change behavior and practices. Regional programs and projects are described in
Chapter 8 of this report.
Implementing Institutional Changes Through Executive Order 12898
It is not enough to sensitize EPA staff to environmental justice issues; EPA has to change the way it
conducts business. Changes are necessary to emphasize the role of the affected public in the
environmental process. They need access to accurate, timely information, and to have a fair opportunity
to participate in the development of environmental policies, guidance, and activities.
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In 1994, President Clinton issued Executive Order 12898, "Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations," which requires "each federal agency to
make achieving environmental justice part of its mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health and environmental effects of its programs, policies and
activities on minority populations and low-income populations." In the memorandum that accompanied
the Order, the President recognized the importance of procedures under the National Environmental
Policy Act (NEPA) and directed "each Federal agency to provide opportunities for community input in
the NEPA process, including identifying potential effects and mitigation measures in consultation with
affected communities and improving the accessibility of meetings, crucial documents and notices."
The White House Council on Environmental Quality (CEQ), which has primary oversight of the federal
"Environmental and civil rights statutes provide many opportunities to
address environmental hazards in minority communities and low-income
communities. Application of these existing statutory provisions is an
important part of this Administration's efforts to prevent those minority
communities and low-income communities from being subject to
disproportionately high and adverse environmental effects."
Excerpt from the Presidential Memorandum for
Executive Order 12898 on Environmental Justice
government's implementation of NEPA, developed a draft "Guidance for Addressing Environmental
Justice under the National Environmental Policy Act" in 1996. While the guidance has not been finalized
to date, the use of NEPA as a tool to consider environmental justice issues, including adverse
socioeconomic and cultural impacts in proposed federal actions, is a major step toward demonstrating the
President's commitment to environmental justice. An example of the importance of environmental
justice implications in the NEPA process is described in Exhibit 2-1.
Exhibit 2-1
SOUTH LAWRENCE TRAFFICWAY EXPANSION
The State of Kansas, with funding from the U.S. Department of Transportation's
Federal Highway Administration (FHA), proposed to expand a two-lane roadway to
connect two major interstate highways. The expansion would be adjacent to the
Haskell Indian Nation's University in Lawrence, Kansas. Under NEPA, the
department filed an Environmental Impact Statement (EIS) citing minimal
biophysical harm to the community and surrounding wetlands. The EIS was
challenged by Haskell students and staff because FHA had not adequately considered
the highly adverse social impact on the spiritual and cultural use of the land. A
Medicine Wheel, sweat lodges, and ancient burial grounds would be impacted by the
proposed roadway expansion. With the EIS challenged on environmental justice
grounds, Kansas decided to "de-federalize"the project and FHA withdrew the EIS.
A grassroots organization comprised of Haskell staff, alumni and students, and local
residents has filed suit in federal district court on this issue.
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Concurrently with CEQ, EPA drafted its own "Guidance for Incorporating Environmental Justice
Concerns in EPA's NEPA Compliance Analysis." The guidance, issued in 1996, is designed to assist
EPA in developing NEPA compliance documentation on environmental justice concerns. The guidance
addresses key environmental justice terms, illustrates the relevance of environmental justice issues in
environmental analyses, describes methods for communication with the affected population throughout
the NEPA process, and emphasizes environmental justice as a primary consideration to the NEPA
process. While these draft documents are being finalized, the principles have begun to impact the NEPA
process.
EPA Reinvention Efforts in Support of Environmental Justice
In 1994, EPA initiated a new Regulatory and Policy Development Process which facilitated the
integration of environmental justice into agency programs. In response to the National Performance
Review, EPA reformed its rulemaking process by instituting a tiering process whereby high priority,
cross-media policy initiatives would be automatically considered in Agency-wide policy and regulatory
actions. Environmental justice was classified as one of the top priorities by the Administrator and is
routinely analyzed for policy implications or precedents. Because of its priority status, environmental
justice has been integrated into major Agency initiatives, such as the Clean Air Act program, the Worker
Protection Standards, Permits Improvement, RCRA Reforms, and the Relocation Policy.
Conducting Assessments
The Agency has begun to collect data, define terms, and analyze information to determine the factors
associated with high risk exposure to contaminants and to examine whether people of color and low-
income populations are disproportionately impacted by environmental burdens. Using geographic
information systems (GIS), the Agency analyzes demographic data around specific facilities to assess the
risk to these populations.
Over the last four years, GIS analyses have been conducted to establish methods for identifying areas of
potential concern based on factors such as facility location, Toxic Release Inventory (TRI) emission
source data, population density, income status, race, ethnicity, and other census block data. A1995 study
by EPA combined TRI emissions data at the county level with county-level demographic data and noted
possible inequities relative to low-income populations and people of color communities.
An earlier EPA study examined the correlation between concentrations of criteria air pollutants and
demographic characteristics and noted:
"...Despite the absence of systematically collected data, the weight of the
available evidence supports two observations. First, many disadvantaged and
minority groups live in areas with poor outdoor air quality, and these same
groups may encounter high levels of certain indoor air contaminants (for
example, aero-allergens, environmental tobacco smoke) in their residences
and/or workplaces. Second, national data on health status provide clear proof
that disease and death rates are related to social class and ethnicity/race. The
extent to which exposures to air pollutants and other environmental agents
contribute to these observed differences, however, is uncertain."
Ken Sexton
EPA Office of Research and Development
While the GIS technology is being refined, risk-based targeting has only recently emerged as a promising
tool in enforcement to help prioritize efforts to identify releases of chemicals from facilities and
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agricultural activities that may cause disproportionate impacts. An agency-wide Risk-Based
Identifications Workgroup is developing a discussion paper on technical and policy issues associated
with environmental justice. The paper will help with the design and evaluation of studies that identify
and assess potential adverse environmental and human health impacts. The paper is expected to be
completed by the end of 1997.
An example of a risk-based targeting project is "Posted Streams" which is designed to screen federal,
industrial, commercial and municipal facilities that contribute chemicals to waterbodies in communities
disproportionately exposed to these chemicals. The results of this study will be used to initiate dialogue
with EPA Program and Regional offices to develop enforcement and compliance strategies to minimize
chemical loadings and to reduce human health and aquatic life impacts in these areas.
In another example, the Federal Facilities Enforcement Office (FFEO) is conducting a focused
Environmental Justice Enforcement Initiative at Federal Facilities. This initiative uses the most current
TRI data reported by Federal Facilities coupled with enforcement and compliance data to target facilities
in low-incomes and minority populations for enforcement and compliance actions. ARCVIEW and
LandView II GIS databases are used to analyze demographic information. Relative Risk Toxicity
databases developed by OPPTS are used to analyze relative risk of contaminants at the facilities. As a
result of maps generated at sites FFEO can use these documents as tools for planning and targeting
inspections and related enforcement activities at Federal facilities. This initiative is expected to be a
continuous effort as TRI information is reported annually by Federal facilities.
Recently, several outstanding user-friendly tools have been developed to make data and information more
accessible to the public. For example, LandView n is a software
package available on CD-ROM for use on personal computers. The
data includes several EPA databases listing thousands of permitted
facilities and Superfund sites, as well as socioeconomic data from the
1990 population census. The information is presented as an
electronic atlas and can be used to help local communities evaluate
environmental risks and identify areas of environmental justice
concern.
LandView II is an innovative tool that makes it easier for the general
public, the environmental community, local businesses and government agencies to have access and to
examine "right-to-know" information as part of an assessment of environmental risk and environmental
justice. With LandView n, the public can locate their own neighborhoods on detailed maps and evaluate
related EPA and census information in the context of their own experience. (See Exhibit 2-2 for an
illustration of a LandView n map.)
Another useful tool is the Integrated Data for Enforcement Analysis (IDEA), an interactive, high speed
data retrieval and integration system that was developed by OECA. The system allows users to evaluate
current and historical compliance and enforcement data from all regulated areas, obtain data on specific
facilities, companies or corporations and determine facilities' compliance histories from a multi-media
perspective.
IDEA allows public access to compliance histories and environmental performance for facilities located
or being permitted in certain neighborhoods. Information can be obtained on pollution sources,
monitoring requirements, facility compliance status, spills or accidental releases of hazardous substances
and any significant violator and/or penalty information. The information can give communities and other
stakeholders the ability to track progress and compare enforcement and compliance data on similar
facilities all over the nation.
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Historically, most of EPA's exposure analyses and risk assessments has focused on single pollutants,
single sources and single medium. This methodology does not recognize multiple pathway exposures to
numerous pollutants originating from a variety of sources, particularly in disproportionately exposed
communities. The National Cumulative Exposure Baseline Project originated by the Office of Policy,
Planning and Evaluation is a broad-based examination of human health exposure which considers the
various contributors to exposure in combination. The project's results are intended to enhance the
consideration of cumulative exposure in the development of environmental policy.
The project is developing estimates of cumulative exposures by combining measured and modeled
concentrations of pollutants in air, food and drinking water with human activity and consumption
patterns. The proposed methodologies rely on existing data and methods, and will estimate national
distributions of exposures across communities and demographic groups. In addition, the possibility of
developing a multi-pathway exposure distribution, by integrating the results of the inhalation, food
ingestion, and drinking water consumption analyses, will be considered.
The need for additional assessments and effective research is overwhelming. As the Agency deals with
improving data quality and collection techniques, refining and standardizing definitions and survey
methods, it will continue to investigate class and race differences as it relates to exposure, risk and health
disparities. In the meantime, additional research needs to be done.
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Exhibit 2-2
i .
1 . I
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EPA'S ROLE IN WORKING WITH OTHER FEDERAL AGENCIES ON ENVIRONMENTAL
JUSTICE ISSUES
The Agency recognized early that adverse environmental justice impacts were not solely an EPA
responsibility. The Interagency Working Group (IWG) on Environmental Justice, discussed later in the
Chapter, provides a forum for exchanging ideas and sharing experiences across agencies.
Technical Assistance to Other Federal Agencies
Many environmental justice problems cross federal jurisdictional lines. For instance, many residents
living in highly concentrated industrial centers often complain about the siting of highways, airports, and
other facilities near public or low-income housing units. The residents are often caught in a jurisdictional
maze between various government agencies. One of the important components of implementing
meaningful, significant changes in affected communities is working with other federal agencies.
As the lead Agency identified in Executive Order 12898, EPA manages the IWG. The IWG, created in
1994, is chaired by Administrator Browner, and comprises the heads of eleven departments/agencies and
several White House offices.
Initially, a structure of eight task forces was established to cover the following areas:
Research and Health -Guidance
Outreach Implementation
Data -Native American Issues
Enforcement and Compliance Interagency Projects
After all required documents were assembled, the individual task forces were disbanded and absorbed
into the Subcommittee on Policy and Coordination. The current IWG is depicted in the following chart.
The Executive Order required two sets of documents from the IWG by April 1995. Each agency
developed a strategic plan to identify and address disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on minority populations and low-income
populations. The IWG also submitted a report to the President on interagency environmental justice
accomplishments and projects. In 1996, most of the task forces were phased out after producing final
products, while other task forces were combined with an ongoing federal initiative. One significance of
the IWG is that the group coordinates activities and shares environmental justice information on a regular
basis.
In 1997, each agency submitted an implementation report on its environmental justice strategies and
participated in coordinated activities which included the review of the CEQ's Draft Environmental
Justice Guidance on NEPA, the Second Report to the President on Environmental Justice, the Mississippi
Delta Project, the Institute of Medicine's clinical investigation of selected environmental justice
communities in support of the Brownfields and relocation interagency initiatives.
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Federal NEPA Oversight
Under Section 309 of the Clean Air Act, EPA has a key role in the overall implementation of NEPA by
other federal agencies. EPA reviews and provides written comment on the environmental impacts of
proposed federal projects. In conducting Section 309 reviews, EPA is directed by President Clinton's
accompanying memorandum to Executive Order 12898 to ensure that agencies fully analyze the
environmental effects of proposed actions on minority and low-income communities, including human
health, social and economic effects.
EPA seeks to identify possible environmental justice concerns and offer alternative solutions or
mitigation measures for unavoidable impacts. EPA works with other federal departments and agencies to
ensure that environmental justice issues are addressed in their actions. While Section 309 gives EPA the
ability to review other proposed federal actions, difficulties may arise regarding the integration of
Executive Order 12898 with existing statutory authorities of other agencies. For example, problems
occurred most recently with attempts to factor adverse social impacts into the NEPA review of mining
practices on tribal lands under the 1872 Mining laws. Thus, a major challenge for the effective
implementation of E.G. 12898 is to identify effective ways to integrate the Order in specific cases.
Regional Environmental Justice Interagency Groups
Just as the EPA Environmental Justice Office interacts with other departments and agencies through the
formal Interagency Working Group, EPA encourages its ten regional offices to form similar groups at the
regional level to identify roles and opportunities for federal offices to work together in field situations.
Region VIII convened a Denver area Environmental Justice Interagency Task Force to initiate a dialogue
with its local "federal family" to discuss common issues and to develop a shared vision to address public
land management issues, conduct federal environmental justice training, and outreach to urban, rural and
tribal stakeholders.
Federal Reinvention Initiatives and Environmental Justice
One effort that emerged from the government reinvention process was the "Common Sense Initiative".
The strategy analyzes pollution on an industry-by-industry basis rather than using the pollutant-by-
pollutant approach of the past. The "Initiative" tailors environmental protection policies to specific
industries and involves teams of individuals from manufacturers to community organizations in
fashioning new strategies and approaches that emphasize pollution prevention while providing cheaper,
cleaner and smarter protection for everyone.
Interagency Working Group on
Environmental Justice
Chair: EPA Administrator
Cabinet Secretaries of DOC, DOD, DOE, DOI,
DOJ, DOL, DOT, HHS, HUD, and USDA
Heads of CEA, CEQ, DPC,
OMB, OSTP, NRC, NASA, FEMA
Subcommittee on Policy and Coordination Task Force
Co-Chairs from Agencies and Representatives
from White House Offices and Independent Agencies
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The Initiative started by focusing on six pilot industries: iron and steel; electronics and computers; metal
plating and finishing; automobile assembly; printing; and oil refining. Together, these industries account
for one-eighth of all toxic emissions reported to EPA and are frequently located in low-income and
people of color communities.
The teams are reviewing regulations to obtain better environmental results at less cost through increased
coordination; seeking opportunities to give industry the incentives and flexibility to develop innovative
technologies that meet and exceed environmental standards while cutting costs; looking at ways to
change the permitting process; creating opportunities for public participation; and improving
environmental reporting requirements.
While the Initiative is targeted toward the industrial sector, it does benefit environmental justice
communities by requiring these industries to create and enhance opportunities for public participation in
their operations. However, one of the lessons learned from this approach is that more effort needs to be
made to ensure that the public has an early, meaningful and significant involvement in the process.
Our Common Future and Sustainable Development
The Brundtland Report describes "sustainable development" as a process which allows people "...to meet
the needs of the present without compromising the ability of future generations to meet their own needs."
The integration of economic, political and environmental factors is the essential catalyst for ensuring that
local populations have the inter-generational resources to face future challenges. In this regard, the
Agency has a number of programs in place to encourage local community organizations and other
stakeholder groups to develop comprehensive strategies that incorporate sustainable economic
development with sound environmental practices.
Pollution prevention promotes development of technologies and practices that prevent pollution. EPA is
working with all stakeholders to help communities deal with emerging environmental issues by using
pollution prevention, rather than simply pollution and waste control solutions. Pollution prevention
seeks to reduce or eliminate pollutants before treatment or disposal. It is also commonly referred to as
"source reduction." EPA further defines pollution prevention as the use of other practices that reduce or
eliminate the creation of pollutants through 1) increased efficiency in the use of raw materials, energy,
water, or other resources, and 2) protection of natural resources by conservation.
12 Environmental Justice: Working Toward Solutions - August 1997
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CHAPTER 3
Increasing Public Participation and Outreach
" The integration of environmental justice into everything that our country
does domestically and internationally can be the most important thing our
government has ever done to make development sustainable."
Baldemar Velasquez, Chair, NEJAC International Subcommittee
THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
To ensure that EPA was obtaining adequate stakeholder advice and making appropriate changes as it
implemented a national environmental justice program, the agency chartered the National Environmental
Justice Advisory Council (NEJAC) in 1993. The Council, which is governed by the Federal Advisory
Committee Act, provides independent advice to EPA on all matters relating to environmental justice. It
consists of 25 members appointed from stakeholder groups including community-based organizations;
business and industry; academic and educational institutions; state and local government agencies; tribal
government and community groups; non-governmental organizations and environmental groups. (See
Appendix I for charter membership).
Since its inception in September 1993, NEJAC has met eight times, sponsored a number of significant
events, and produced a variety of reports and products to help EPA focus its environmental justice action
efforts.
SIGNIFICANT EVENTS ACCOMPLISHED BY NEJAC
1. Reviewed and helped to finalize EPA's Environmental Justice Strategy
and Implementation Plan
2. Provided guidance on both CEQ's and EPA's Draft Environmental
Justice Guidance for NEPA
3. Hosted five Brownfields Public Dialogue Sessions and produced a report
4. Conducted the agency's first public Roundtablesone on Relocation in
Pensacola, Florida and one on Enforcement in San Antonio, Texas
(proceedings from both meetings were published)
5. Developed and published a Model Plan for Enhancing Public
Participation in environmental activities which was adopted by EPA and
other federal agencies as the guide for conducting public meetings
6. Produced a report on the Enforcement Subcommittee's review of OECA
programs
7. Submitted a paper on environmental justice opportunities in the
permitting process
8. Produced a paper evaluating EPA's process under Title VI of the Civil
Rights Act of 1964
9. Reviewed RCRA's technical location standards and facility siting
criteria
10. Developed recommendations for health and research projects that have
application to high risk communities (for example, lead and mercury
poisoning in environmental justice communities)
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The Council has six subcommittees organized around themes to help develop strategic options for EPA.
The subcommittees are: 1) Enforcement, 2) Health and Research, 3) Indigenous Peoples, 4) International
Activities, 5) Public Participation and Accountability, and 6) Waste and Facility Siting. The
subcommittees are co-sponsored by various program offices to ensure that specific program needs are
met and that advice is received from all stakeholders on relevant environmental justice issues and
effectively integrated into appropriate agency areas. Each subcommittee is sponsored by an EPA
Program Office as shown below:
Enforcement
Health/Research
Indigenous
International
Public Participation
Waste/Facility Siting
Office of Enforcement and Compliance Assurance (OECA)
Office of Research & Development and Office of Prevention, Pesticides
& Toxic Substances
American Indian Environmental Office, Office of Water
Office of International Activities
Office of Environmental Justice, OECA
Office of Solid Waste & Emergency Response
NEJAC's involvement in the Brownfields initiative and the Relocation Roundtable have had a major
impact on new policy implications for environmental justice communities. (An example is found in
Exhibit 3-1 on the following page)
The NEJAC makes a concerted effort to obtain information from the public and other stakeholder groups
by scheduling public comment periods during their meetings and by conducting site tours of affected
communities to their schedule. NEJAC finds it helpful to speak to residents and to see first-hand the
condition of the environment. To ensure the use of appropriate techniques to involve communities in
environmental discussions, NEJAC's Subcommittee on Public Participation and Accountability
developed and widely distributed its "Model Plan for Public Participation" as a template for groups
trying to conduct effective public meetings. The plan has been successfully implemented in seven public
meetings and roundtables co-sponsored by EPA and NEJAC. The NEJAC continues to enhance the
public's access to information through their Internet site at http://www.ttemi.com/nejac. The NEJAC
Internet site is electronically linked to all EPA Internet sites regarding environmental justice issues.
Exhibit 3-1
NATIONAL RELOCATION PILOT
As a result of testimony given at a NEJAC Council meeting and a NEJAC public
roundtable on Relocation, a predominantly black, low-income community of 358
residents is being relocated in Pensacola, Florida. The families live in close
proximity to a toxic waste site leaching dioxin, arsenic, lead and other contaminants.
The relocation site will be cleaned up, redeveloped and rezoned by the city for non-
residential use. The Pensacola Relocation pilot will serve as a national model and
has wide-ranging implications for modifying the agency's current policy on
relocation.
ENHANCING PUBLIC PARTICIPATION AND OUTREACH
The success of any local environmental program depends on the early, meaningful involvement of an
educated public. Special training programs must be developed for citizens and other stakeholders.
Assuming that government officials, business and industry staff are conversant with environmental
regulations, EPA concentrates on providing training to high risk communities on the role they could play
in the environmental decision-making process at the local, county, state and federal government levels.
Communities need to know how to exercise their rights and responsibilities under current environmental
laws, guidance and policies in order to effectively interact with government agencies.
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Once empowered, communities are in a better position to negotiate with other stakeholders for an
improved quality of life and healthy sustainable environment. (The profile of an empowered community
appears below).
Awareness training also was offered to the public to aid in their understanding of the diverse issues
associated with environmental justice. To reach a wide audience, the Agency partially supported an
environmental justice presentation in collaboration with Tuft's University Drama Department and
Boston's Underground Railway Theater group. The presentation went on national tour in 1994-1995
performing to audiences in Boston, Washington, D.C., Chicago and New York. The presentation
received rave reviews as it educated, enlightened and sensitized people to the importance of providing
environmental protection to everyone. Post production audience participation, discussions, and
evaluation surveys emphasized the effectiveness of this project as an educational tool. The Agency
utilized a variety of methods to train and educate the public about environmental justice issues.
However, the Agency's workforce must reflect the diversity of American society in order to adequately
achieve our environmental mission. To achieve this goal, several programs are important.
AFFECTED COMMUNITIES
VULNERABLE
EMPOWERED
1. Unaware of rights and process
2. Unorganized
3. No representation
4. Limited access to information
5. Uninvolved
1. Environmentally literate
2. Organized
3. Champion/steward
4. Access to public databases
5. Community-Right-to-Know
6. Pollution sources increase 6. Pollution Prevention
7. Unwilling to partner 7. Partners with stakeholders
ENHANCING CULTURAL DIVERSITY
The Agency has a number of ongoing programs to help diversify the workforce and to help encourage
students to enter the environmental field. Programs such as The East St. Louis Citizen's Academy and
the Environmental Careers Organization's Internships help overcome barriers to ensuring cultural
diversity in environmental policy and decision-making by increasing opportunities for students to pursue
environmental degrees and/or careers. This special training program has successfully empowered
hundreds of residents and increased citizen's participation on local, public and private advisory boards.
Since 1992, EPA has created and participated in a program through the Environmental Careers
Organization to place over 2,000 students into paid internships at all EPA facilities, including program
and regional offices as well as laboratories. A widely diverse group of student interns, gained valuable
environmental training, research and field work experiences as well as interacting with community-based
organizations. Surveys of former interns have shown that the internship experience has been worthwhile
and has encouraged many of the students to pursue studies in the environmental field.
Under a special internship program, over 80 students were directly sponsored by the Office of
Environmental Justice and placed in Regional offices to provide direct technical assistance to local
communities working on environmental education or community improvement projects such as
community cleanups, pollution prevention training, lead, and asthma awareness projects and
environmental education outreach efforts. These programs have provided a diverse cross-section of
youth with significant environmental work experience, inculcation of environmental ethics and
appreciation for the factors which contribute to safe, healthy sustainable communities.
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Exhibit 3-2
THE EAST ST. LOUIS CITIZEN'S ACADEMY
To build local capacity and to empower local citizens to become involved in local
environmentalprocesses andpublic meetings, Region 5 createda Citizen's Academy
in conjunction with the State Community College of East St. Louis. Citizens are
offered seven weeks of free training seminars held on Saturday mornings. Topics of
the seminars include environmental laws and regulations. As a part of the training
program, students are given opportunities to participate in mock public hearings.
Upon leaving the academy, students are placed on a mailing list, and notified of all
local hearings and pending legislation. Many are nominated for membership on
community advisory boards for local government and industry. Graduates of this
program have a much better understanding of the enforcement and permitting
processes and their role in resolving local environmental issues.
Minority Academic Institutions, which are working on environmental issues, are an important resource
for designing and implementing community-based environmental activities in underserved communities.
Many of these institutions have relationships with distressed communities and require students to
participate in community service before graduation. Most schools also have active community outreach
programs. When EPA created the Academic Relations Program in 1990, it included colleges and
universities, with close ties to the communities, such as Historically Black Colleges and Universities,
Hispanic Serving Institutions and campuses with a significant Asian or American Indian population to
help meet the Agency's research, environmental and scientific needs. The Agency's formal program,
which does not involve quotas, has been effective in providing technical and financial assistance to help
build environmental capacity in these institutions and to mobilize all students, faculty and communities
around environmental issues.
In 1990, in an effort to heighten environmental awareness in these communities, EPA's Office of Water
established the "Youth and the Environment Initiative" to introduce low-income urban and rural youth to
career opportunities in the environmental field by
combining summer employment with academic training
and hands-on experience. To expose students to the
many various environmental career possibilities, the
program provides a blueprint for establishing awareness
and training in such fields as water supply, wastewater
treatment, recycling, energy, marine environments,
environmental justice, hazardous waste and natural
resources protection.
To date, approximately 900 students in more than 25
cities have participated in the program. The program runs
six to eight weeks, allowing students the opportunity to
assist plant operators in day-to-day wastewater plant
operations, including routine monitoring and laboratory
analysis, plant operations, inspections, maintenance and
safety assurance. Several students are now pursuing engineering or environmental science degrees while
others are currently employed full time at the local wastewater treatment facility.
In addition to encouraging cultural diversity externally, the Agency is committed to efforts to expand its
internal workforce diversity particularly in senior management positions and to improve environmental
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justice training for all managers. Such training is vital if EPA is to recognize and utilize talents within
the workforce and to better communicate with all communities.
Exhibit 3-3
BALTIMORE'S YOUTH WARRIORS
Youth Warriors is an environmental justice organization that educates and trains
minority youth and young adults ages 14-30 on environmental, economic and social
problems that affect Baltimore community residents. Each youth undergoes a seven-
month apprenticeship that provides urban environmental education and training,
leadership development and organizing skills. The program requires the completion
of community service projects that address enhancing environmental quality in
environmental justice communities.
Since the environmental justice movement began, organizations such as the Baltimore Youth Warriors
(See Exhibit 3-3) have been established to get youth and young adults interested in environmental issues
and involved in activities to improve the environmental quality of their neighborhoods. This program
encourages young people to volunteer their time to community services and help them to gain valuable
field experience and reinforce environmental career interests.
OUTREACH EFFORTS
In partnership with the Smithsonian Institute's Museum of
American History, EPA initiated an Environmental Justice
Distinguished Lecture Series from 1994 to 1995. The
Series of six lectures covered issues ranging from disparate
pollution exposure to environmental problems in Indian
country, occupational hazards for Asian electronic and
garment workers, and environmental contamination along
the U.S./Mexican Border. Evaluations from this series also
indicated the public's appreciation of these lectures as a
training vehicle.
The Agency continues to fund a series of environmental
justice public service announcements on the national
Hispanic Network Radio. These broadcasts provide pertinent information in Spanish on issues, such as
the Worker Protection Standards, lead paint testing and abatement programs, radon testing, asthma
management training for Hispanic children and technical assistance opportunities for communities.
Access to quality and accurate information is key to the public's meaningful participation in
environmental decision-making. Citizens need user-friendly, non-technical, current information about
the effects of pollution; the success of mitigation strategies for communities; new policy and regulatory
developments; upcoming public hearings; and grant opportunities. To make the latest information more
accessible to all stakeholders, the Office of Environmental Justice created a homepage on the Internet,
expanded the availability of program information and established a hot-line number (800-962-6215).
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"...EPA is promoting consensus-based approaches to the remedy selection
process by involving community stakeholders in site pilot projects. This effort
is intended to empower local citizens and other stakeholders to be involved in
the remedy selection process that ultimately results in EPA choosing common
sense remedies that meet statutory and regulatory requirements."
Carol Browner, EPA Administrator
Since 1994 more than 5,000 calls have been received from community groups and individuals requesting
information and assistance on a variety of issues ranging from pesticide misuse to local facility siting,
enforcement questions and water quality problems. In addition, the Office maintains and updates
brochures, fact sheets, reports and community education materials. Selected documents are available in
Spanish, Chinese, Vietnamese, and Korean.
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CHAPTER 4
Supporting Economic/Redevelopment Efforts
FORMING PUBLIC/PRIVATE PARTNERSHIPS: CASE STUDIES
In urban areas throughout the nation, minority and low-income residents are exposed to a multitude of
environmental hazards, ranging from lead paint, waste facilities, industrial pollution, auto emissions to
unhealthy indoor air. Cumulatively, the effects of these hazards upon residents, particularly sensitive
populations such as children and the elderly, are compounded by other economic and social ills which
aggravate these health risks.
Major goals of the Agency have been to cleanup contaminated sites, reduce toxic exposure and minimize
related public health problems in high-risk urban communities. The best approach in reaching this goal
has been to develop a variety of targeted urban revitalization plans that involve all stakeholders. A
number of different projects have been tried and appear to be successful in meeting this goal.
New England Urban Environmental Initiative
EPA's Region I office identified urban environments in Boston, Massachusetts, Hartford, Connecticut,
and Providence, Rhode Island as Initiative projects. Its approach has been to address priority
environmental and public health issues in targeted neighborhoods and conduct pilot efforts such as
restoration of urban river quality, lead poisoning prevention and mitigation, reduction of environmental
factors which affect respiratory functions and restoring contaminated land and vacant lots. Through
these pilots, local infrastructures have been built, partnerships with diverse stakeholders have been
established and model programs which can be replicated in other disadvantaged urban areas have been
initiated.
Boston's Community Gardening Project
A year after EPA Region I, AmeriCorp and the Dudley Street Neighborhood Initiative worked on
revitalizing and cleaning up a vacant lot in Boston, the property has now been taken over by the Food
Project for use as a vegetable and fruit garden. Food from the garden is used to supply homeless shelters
and sold in a farmer's market starting in the Spring 1997. The effort has been so successful that other
agencies such as the Department of Agriculture are interested in supporting similar projects in other EPA
target cities.
Providence Vacant Lot Task Force
EPA has been working with 14 community organizations and the City of Providence to identify the
history of 3500 vacant lots in Providence used as dumpsites and to find ways of salvaging these sites. As
a result of this effort, the Mayor's Office created a City Conservation Corp for the cleanup of vacant lots.
Since April 1996, 216 vacant lots have been cleaned and EPA has arranged for American National
Service Corps members to provide additional manpower.
Hartford Environmental Project
EPA is working with ONE/CHANE, residents of North Hartford, the State of Connecticut, the City of
Hartford and local businesses and industry to conduct environmental assessments and inventory of
potential sources of environmental contamination and to gather health data in the Hartford urban area.
Over 120 local residents have been trained to use computer systems and become a part of the computer
input registry for geographic information systems (GIS) environmental database systems. This project
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aids the community's effort to perform their own GIS mapping functions. Residents are currently
assessing the site of a contaminated former car wash facility for possible redevelopment as a local
supermarket or drug store.
EPA'S BROWNFIELDS ECONOMIC REDEVELOPMENT INITIATIVE
EPA's OSWERis exploring economic
redevelopment opportunities in the context of
Superfund cleanups as a complement to
environmental justice initiatives in low-income and
minority communities. This initiative is focused on
abandoned Brownfields, idle or under-used industrial
and commercial facilities where expansion or
redevelopment is complicated by environmental
contamination, uncertainty about future liabilities
and potential cleanup costs.
Restoring contaminated urban property is viewed as
a way to bring life and economic vitality back to
disadvantaged urban communities. OSWER's
initiative is aimed at empowering states,
communities, industries and local governments to work together to assess, cleanup and reuse
Brownfields. The program helps reverse contamination, declining property values and high
unemployment often found in urban industrial areas. Thus far, EPA has awarded 45 Brownfields Pilot
Cooperative Agreements to states, cities, towns, counties and tribes. The pilots, each funded up to
$200,000 over two years, are established to work in partnership with communities to develop strategies
for reuse of the Brownfield sites.
EMPOWERMENT ZONE/ENTERPRISE COMMUNITIES (EZ/EC)
The Federal Government developed the Empowerment Zone/Enterprise Communities (EZ/EC) program
in 1992 to empower communities to work together with federal, state and local officials to create jobs
and business opportunities and to develop strategic plans for urban and rural revitalization. In 1993,
President Clinton created a Community Enterprise Board which directed 13 agencies to further the goals
of economic redevelopment and make shared resources available to implement approved revitalization
plans. As an active member of the Board, EPA's Brownfields pilots are considered the framework for
successful EZ/EC projects in clarifying liability issues, supporting community partnerships, conducting
outreach activities and addressing environmental justice concerns. To date, more than 50% of the
Brownfields pilots have been designated as EZ/EC communities. Revitalization efforts are ongoing in
cities such as Los Angeles, New York, Cleveland, and Chicago where large environmental justice
communities reside.
COMMUNITY-BASED LEAD ABATEMENT DEMONSTRATION PROJECTS
In 1992, EPA in collaboration with the U.S. Department of Housing and Urban Development (HUD) and
the District of Columbia Government initiated a pilot Residential Lead Training Initiative for citizens
residing in low-income Anacostia public housing units. The purpose of the program was to train and hire
unemployed and underemployed public housing residents in lead and asbestos inspection, abatement and
remediation. These skills could be used to abate housing of hazardous environmental contaminants,
improve environmental quality and create employment opportunities for residents.
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In 1994, as a result of the success of this pilot, EPA's
Office of Prevention, Pesticides, and Toxic Substances, in
partnership with HUD, the U.S. Department of Health and
Human Services (DHHS), and the U.S. Department of
Labor (DOL) launched a national Community-Based Lead
Abatement Demonstration Project in six cities. The
selected cities of Philadelphia, Chicago, Milwaukee,
Missoula, Memphis and Oakland were awarded an average
of $300,000 per year to train and hire residents from poor
urban or rural communities in lead abatement. Since
initiation of these demonstration projects, lower lead levels
have been found in children living in these disadvantaged
areas and the economic viability of the community
residents has improved through abatement training and employment.
One truly innovative economic revitalization model has been developed by the Clinton Administration
and administered by Cornell University's School of Business. The concept of a self-contained
ecologically sound industrial park has been tested in Baltimore, Maryland; Chicago, Illinois;
Chattanooga, Tennessee; Cape Charles, Virginia; and Brownsville, Texas. The project calls for public
participation in the design of the parks and in the implementation of the project. See Exhibit 4-1 below
for a description. For more information, you may visit the project's Internet site at
http://www.sustainable.doe.gov/industrial/.
Exhibit 4-1
ECO-INDUSTRIAL PARKS
The concept of an environmentally sound industrial park links businesses together
in a symbiotic way utilizing a closed loop production and operation system that
reduces waste and minimizes environmental degradation. Businesses in the eco-
industrial park (EIP) are selected and contiguously located to share resources to the
maximum extent possible. Raw materials and other resources are used frugally,
waste is minimized, by-products from one company are recycled as raw material for
other companies in the park and residual wastes are managed in a safe and usable
manner.
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CHAPTER 5
Building Capacity for Stakeholders
To deal effectively with environmental justices issues, stakeholders need to have the capacity and
infrastructure to assess, manage and take part in resolving their environmental problems. EPA initiated a
number of financial and technical assistance programs to aid local communities, tribal and community-
based organizations and other stakeholders in developing effective means of addressing environmental
concerns.
GRANTS PROGRAM
In 1993, EPA created the Environmental Justice Small Grants program to provide financial assistance to
community-based organizations that were working on local solutions to local environmental problems.
The program was designed to enable grassroots groups, community-based organizations, churches,
schools, non-profit organizations, tribal communities and governments to identify and assess pollution
sources. In addition, the grants program, and environmental awareness and training programs are
structured to devise strategies for improvements to the environment.
Grants to Community Organizations
Since 1993, over $7 million in grant awards of $20,000 have been made to approximately 500 local
community recipients. Grant recipients are addressing, among other issues, childhood lead poisoning,
asthma management in children, radon testing in low-income homes, fish contamination in subsistence
populations, water quality and pesticide issues in rural communities. Funding has been provided to
initiate information exchange programs, facilitate communications and partnerships among affected
stakeholders and to teach risk reduction, pollution prevention and source reduction technologies in
distressed communities.
In a recent audit of the Environmental Justice Small Grants program, EPA's Inspector General's Office
found that, while the program needed better control and accountability measures, the overall program
was working well. In addition, the audit identified several success stories resulting from the national
program. Examples include:
Region I grantee determined that for one housing development, 60% of the
families had at least one family member plagued with asthma. The work
identified important issues which required further study by EPA scientists in
coordination with Health and Human Services and Housing and Urban
Development.
In Region IE, a university conducted a project that trained local community
members to test for and cleanup lead debris and dust. The project successfully
reduced lead contamination in the homes of community residents, thereby
reducing exposure to vulnerable children.
In Region V, universities conducted training workshops for 450 Cambodian,
Hmong and Laotian residents on ways to reduce levels of lead, radon, carbon
monoxide and moisture/molds in indoor home environments.
While the small grants program in general has been considered successful and invaluable to groups who
traditionally have not been eligible for financial assistance programs, more emphasis needs to be invested
in "grantsmanship" training, monitoring and controls to ensure that the program runs optimally. In the
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meantime, the program concept is being duplicated by other EPA offices, other federal agencies and
outside funding entities such as the American Association for the Advancement of Sciences.
Community-University Partnership Grants
In 1995, the Office of Environmental Justice created the Community/University Partnership (CUP) grants
program to help community groups more efficiently and effectively address local environmental justice
issues through active partnerships with institutions of higher education. Under this program, a
meaningful interactive cooperation has been established between communities and colleges or
universities to focus on areas of major concern. Sixteen CUP pairs have been awarded approximately
$4.5 million in amounts of $250,000 each to help communities become actively engaged in accessing
information from public databases, in cleaning up and restoring neighborhoods with environmental
problems, in surveying and monitoring environmental quality, and empowering communities to learn and
participate in public environmental processes. These projects have already been successful in increasing
environmental awareness, expanding community outreach, and training stakeholder groups to effectively
address and resolve local environmental problems. (See Exhibit 5-1 for an example of a successful CUP
grant.)
To provide additional financial assistance to small community groups and tribal governments, EPA's
Office of Prevention, Pesticides, and Toxic Substances developed the Environmental Justice Through
Pollution Prevention Grants program to help communities focus on projects designed to address
environmental justice problems using pollution prevention remedies. The program has funded projects
that encourage institutionalization and innovative use of pollution prevention as the preferred approach
for addressing disproportionately high and adverse human health or environmental impacts in low-
income and communities of color.
Cooperative efforts with business and industry to address common source reduction goals are a priority
in this program.
Exhibit 5-1
HOSTOS COMMUNITY COLLEGE
The collaboration between Hostos Community College and the South Bronx
Community Advisory Board is addressing the degrading environmental conditions
of a culturally mixed, predominantly working class community. With a population
of 1,200,000 residents (77% minority) this county has the highest percentage of
waste facilities and the highest percentage of asthma related deaths and illnesses in
the New York city area. The project developed a more systematic, comprehensive
approach to environmental and public health assessments, remediation and urban
planning. Community-based Geographic Information System (GIS) maps were
created pinpointing pollution sources, population density and complaints and
enforcement analysis for each neighborhood. Community-Right-to-Act teams were
created and train-the-trainer programs were initiated to develop pollution prevention
and resource conservation activities within the community. Residents were also
assisted in efforts to develop small businesses in compliance with the City's urban
development plans.
Similar financial assistance has been offered to community-based organizations and tribal governments
through the Office of Environmental Education. The objective of this grants program is to support
environmental education programs that enhance critical thinking and problem solving skills to ensure
informed, responsible decisions to protect public health and the environment. As the Agency develops
more of these types of grants for the non-traditional grant applicant, it will discover the value of
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providing assistance to community-based organizations to help them learn about environmental processes
and develop strategies to help themselves.
TECHNICAL ASSISTANCE PROGRAMS
EPA has initiated programs to provide technical assistance to underserved communities. In 1996, the
Agency encouraged collaborative projects between AmeriCorp volunteers and environmental justice
communities. The National Civilian Community Corps (NCCC), an AmeriCorp program, is a federally
funded program designed to promote community service among young adult volunteers who have
pledged to improve the quality of life and public safety for all communities. Corps members live on
military bases and are deployed as teams to conduct community service activities across the country.
In 1996, Regions I, IE, and IX used NCCC volunteers to help communities revitalize vacant lots, cleanup
polluted urban streams and restore water resources quality. A NCCC team working in the Anacostia
section of the District of Columbia conducted an eight-week aquatics life training program for low-
income students living in the area. Participants were acquainted with the adverse effects of pollutants on
aquatic life in the Anacostia River and how to avoid practices which contribute to the pollution load.
Additionally, participants were taught about Community-Right-to-Know Act provisions and given
technical assistance on how to access information to monitor the quality of the river.
In furtherance of the Technical Assistance Program, the American Bar Association (ABA) published in
1996 a Directory of Pro Bono Legal Service Providers for Environmental Justice. The directory provided
information about law school programs, non-profit organizations, law firms and legal services offices
that offer free legal services to communities on environmental justice matters. The directory, resulting
from a national survey conducted by the ABA in 1993, confirmed the paucity of legal services in low-
income and communities of color on environmental issues.
" ... we have to bear our responsibility, and our responsibility is not to let
somebody define whatever the issues are for us, but, in fact, that we are the
ones that need to do that for ourselves."
Richard Moore, Chair, NEJAC
While the number of technical and financial assistance programs to communities and other stakeholders
affected by environmental justice issues has increased over the last four years, there are concerns that
financial assistance to citizens is misdirected and that opportunities for the misuse of funds should pose a
concern. The recent Inspector General's national audit of the environmental justice small grants program
does not bear this out. If EPA and the nation is serious about involving the public in the environmental
process, adequate resources will be required to accomplish this goal.
Environmental Justice: Working Toward Solutions - August 1997 25
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CHAPTER 6
Protecting Public Health
The Agency's traditional approach to health and research investigation had to be re-examined as EPA
incorporates environmental justice issues. The concept of low-level, chronic, and cumulative exposure to
multiple pollutants had to be factored into how EPA determines risk in susceptible and vulnerable
populations.
For years, the disparity between minority health status and the general population
has been well documented. Higher incidences of hypertension, diabetes, infant
mortality, respiratory illnesses, liver disease and most forms of cancer have been
attributed to differences in lifestyles, nutrition, access to health care services,
environmental factors, genetics, etc. Prior to 1990 at EPA, one area that had been
given minimal attention was the possible correlation between disease etiology and
chronic, low-level exposure to multiple environmental contaminants from different
sources. Environmental justice concerns have raised the level of awareness about
these possible cumulative and synergistic connections. Academic studies on the
demographics of environmental justice and the relationship to health status are
inconclusive.
CLINICAL INVESTIGATIONS
From a regulatory perspective, good epidemiological data disaggregated by race and income groups and
correlated to environmental exposure and health effects were not widely available. Thus, clinical
investigations like the Agency for Toxic Substance and Disease Registry's (ATSDR) Mississippi Delta
Project should provide valuable information regarding the concentration of toxicants in air, water and
soils and possible adverse health effects amongst the 8.3 million residents living along this low-income,
highly industrialized area.
The Mississippi Delta Project was initiated in 1995 as a collaborative effort among several federal
agencies, state health and environmental departments, community organizations and academic
institutions including Historically Black Colleges and Universities. The goal of the project is to identify
environmental hazards, promote environmental quality, reduce and, where possible, prevent these
hazards from affecting public health and the environment, with emphasis on disproportionately affected
communities.
" ... in order to get to "sound science," we have to change the way we look at
these issues, and we have to talk about exposure, the actual exposure that
people are dealing with as opposed to the potential for risk..."
Deeohn Ferris, Chair, Enforcement Subcommittee, NEJAC
In 1996, the National Academy of Science's Institute of Medicine launched a study to examine disease
patterns in people of color and low-income communities with known high environmental exposures. The
study is looking at diverse population groups residing in urban centers, rural communities and Native
American reservations. Targeted, broad-based epidemiologic studies coupled with improved techniques
to monitor and assess cumulative exposures will be useful in sorting out the many factors related to
health risks.
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URBAN RISK ASSESSMENTS
EPA has a number of ongoing urban risk assessment projects such as Region V's Chicago Cumulative
Risk Initiative and Region Ill's Chester Risk Assessment Project. In both studies, the Regions are
working with the local governments and state health departments to study relationships between
environmental risks, health and regulatory compliance and enforcement issues. Utilizing exposure data
for all media and various pathways, reports of aggregated risk are analyzed largely because of the
unknown nature of interrelated environmental exposures. Preliminary findings are showing unacceptably
high levels of blood lead in children, some health risks from consuming contaminated fish and the
incidence rates for certain types of cancer are significantly above the statewide rates in
disproportionately exposed groups.
Baltimore Urban Environmental Risk Initiative
EPA's Region III Office is working in cooperation with the
Maryland Department of the Environment, the Baltimore
City Health Department and the Baltimore City Planning
Department to identify and rank areas of disproportionate
risk in the city for purposes of implementing risk reduction,
pollution prevention, public awareness and other activities to
eliminate, or at least minimize risks. Projects have been
designed to address environmental concerns in the areas of
lead, hazardous materials incidents, indoor air quality, fish
consumption in the Harbor, ground level ozone pollution and
air toxins.
Since 1990, lead awareness and lead hazard reduction training have been provided to more than 2300
residents in at-risk areas of Baltimore City. Training has been provided to Baltimore city public school
technicians in the areas of heating, ventilation and air conditioning. This training is intended to help
improve indoor air quality by improving the efficiency and operation of school heating and cooling
systems. A system to inventory and maintain a hazardous waste database for businesses in the city was
developed in conjunction with the Baltimore City Fire Department.
An Ozone Pollution alert program is broadcast by local Baltimore TV stations as part of a weather
forecast to provide at-risk citizens with air quality information. A comprehensive fish consumption
survey of subsistence fishermen in Baltimore Harbor helped develop effective outreach strategies and
provide valid fish consumption data for risk estimates.
Human Exposure Assessment Projects
The National Human Exposure Assessment Survey is an ongoing field study in Maryland conducted by
EPA's Office of Research and Development (ORD). The research has as its goal the determination of
human exposure to environmental pollutants. The study is being conducted in collaboration with Johns
Hopkins, Emory and Harvard Universities and should provide valuable human environmental exposure
data that will be useful for risk evaluation and exposure assessment.
In a complementary human exposure study, ORD is conducting a project targeted at the U.S./Mexico
border communities to establish a database on environmental exposure and health risks in these
predominantly low-income populations. The Agency is collaborating with local, state and federal
agencies to resolve environmental health risk problems in these border communities. Research is being
conducted to improve our understanding of exposure to environmental pollutants experienced by
residents along the border and to understand the pathways and sources of these exposures. The data will
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be analyzed to determine the health risks posed by these exposures and the information will be used, in
partnership with the communities, to develop educational, training and pollution prevention/reduction
programs to reduce such exposures.
To undertake this project, ORD established an Interagency Coordinating Committee that includes several
Public Health Service agencies, the health and environmental agencies of the four border states, the Pan
American Health Organization and Mexican Agency counterparts.
Long-term clinical and epidemiological investigations, though worthwhile, are just beginning. In the
interim, several grant funded projects are conducting model innovative health screens, clinical treatments
and environmental interventions in disproportionately exposed areas and homes. For example,
Milwaukee's Sixteenth Street Community Health Center is sending outreach clinical workers into the
homes of residents who traditionally do not have adequate access to health care services (See Exhibit 6-
1). The Center targets Hispanic Americans, Southeast Asians, primarily Hmongs and Laotians, and other
ethnic groups that live in the vicinity of the center. Outreach clinical workers canvass door to door to
conduct in-home health screens and collect baseline data documenting high blood lead levels in children,
asthma and other respiratory illnesses, and health problems related to the consumption of contaminated
fish. Outreach environmental workers from the Center than make follow-up visits to assess and
remediate environmental hazards such as asbestos and lead paint, indoor allergen triggers such as mold,
mildew, mites, and conduct preventive health education programs for families in Spanish, Hmong, and
Laotian languages. Regular in-home screens, treatment and environmental intervention have made a
difference in the environmental quality and health of these families. Monitoring data have shown that
blood lead levels have dropped in treated children, asthma attacks have lessened because of improved
indoor air quality, and health problems related to ingestion of contaminated fish have been minimized.
Over 4,000 homes have been visited and the Center is using this information to learn more about, and
prevent potential health effects that may be caused or exacerbated by environmental influences.
Exhibit 6-1
SIXTEENTH STREET COMMUNITY HEALTH CENTER
As a result of EPA seed money, this Milwaukee Health Center opened a new
Environmental Health office to deal with health effects in low-income, high-risk
urban neighborhoods. Outreach workers canvassed door to door in search of lead,
asbestos and other environmental hazards in homes; conducted in-home health
screens; treated health problems and initiated preventive health education programs
for families. Over 4,000 homes have been visited and the Center is using this
information to learn about and prevent potential health effects that may be caused or
exacerbated by environmental influences.
Public Health Indicators
Known
1. Lead poisoning
2. Asthma illnesses
3. Pesticide effects
Suspected
1. Cancer
2. Lupus
3. Neurologic effects
4. Skin ailments
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Indoor Air Exposures
The Office of Air and Radiation has worked with the American Lung Association (ALA) to raise
awareness in low-income and people of color communities about health risks associated with exposure to
radon, second-hand smoke and other indoor air pollutants. In 1992, data from ALA indicated that the
prevalence rate of asthma among minority groups is 15% higher than among whites with varying degrees
Exhibit 6-2
ST. REGIS MOHAWK TRIBE
A CASE STUDY
Since the mid-1950s, the General Motors (GM) plant in Massena, New York,
produced engine parts and used polychlorinated biphenyls (PCB) in manufacturing
hydraulic fluid. Since PCBs were unregulated in the 1950s, the chemical was
dumped in the river and buried on the factory and adjacent lots. In 1982, the GM
site was listed on Superfund'sNationalPriority's Listbecauseof PCB contamination
to the soil, water, fish, and wildlife. The St. Regis Mohawk Indian reservation
adjacent to the site was heavily impacted by PCBs in contaminated fish and wildlife,
and contaminated water sources. While ATSDRand local health agencies could not
show a direct correlation between PCB poisoning and the health effects experienced
by tribal members, St. Regis Indians were exposed to PCBs in amounts that raised
health concerns. Cleanup efforts are currently being negotiated between the tribe,
GM, EPA and New York state.
of severity. Through a program called "Open Airways", the ALA is working with organizations like the
Zeta Phi Beta Sorority and the National Medical Association to teach high-risk asthmatic children to
manage their disease and to recognize when they need medical assistance in order to reduce the incidence
of attack. Similar education programs are being conducted on the dangers of radon exposure and how
testing for radon and mitigating its presence can possibly prevent health problems, such as lung cancer.
Fish Consumption Studies
It has been known for some time that subsistence fishers, particularly low-income Native Americans,
African-Americans and Asian-Americans consume parts of the fish that contain higher pollutant levels
(for example, in skin, fat, and liver) or bottom dwelling fish that are more likely to contain higher levels
of contaminants. These groups are therefore at higher risk for health effects due to contaminant
exposures. Several projects sponsored by EPA's Region X office are examining bioaccumulation of
chemicals and pesticides in fish tissues in an effort to determine the degree of risk in these populations.
Pollutants being studied include polychlorinated biphenyls (PCB), dioxins, furans, heavy metals and
related compounds. An example can be found in Exhibit 6-2.
The overall goal of any public health research should be long-term prevention of environmentally related
diseases. As EPA works to ensure environmental protection for all, and sort out factors which may lead
to disparate health conditions, we must try to reduce or prevent hazardous exposures in all communities.
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CHAPTER 7
Utilizing Legal and Enforcement Tools To Implement
Environmental Justice Directives
"We recognize and support the continued growth of the State and Tribal
regulated and voluntary programs which have greatly expanded the number
of hazardous waste sites cleaned up to protect human health and the
environm ent."
Carol Browner, Administrator, EPA
Since environmental justice is not a single statutory concept, but rather a combination of civil rights,
environmental, constitutional, regulatory and administrative laws, this chapter presents some of the legal
policy issues and enforcement tools being used to address environmental justice situations. The
assumption that legal tools and enforcement activities were being uniformly and equally applied in all
communities was challenged by members of the environmental justice movement.
EPA-APPROVED AND DELEGATED ENVIRONMENTAL PROGRAMS
For many environmental laws (for example, Clean Air, Clean Water, and Safe Drinking Water acts) EPA
approves, and in some cases delegates to states and federally recognized Indian tribes, the authority to
implement their own environmental programs under federal environmental law. In addition, local
jurisdictions (such as cities, counties, and regional boards) have land-use planning and zoning
procedures, ordinances, and hearings that impact environmental programs. State and local requirements
are very critical to environmental justice and oftentimes overlooked. For instance, states have to consider
public safety, transportation, historic preservation sites issues, artifact laws and long-term development
plans which may influence local zoning, land-use or development decisions. Environmental justice
problems can arise when state-run, federally approved or delegated programs conflict with local
ordinances, development, and economic growth plans impacting a disenfranchised community.
Mattaponi Tribe vs. King William County Reservoir: Case Study
In King William County, Virginia, a proposal to build a dam, reservoir, and pumping station on the
Mattaponi and Pamunkey Rivers, directly impacted the Mattaponi and Pamunkey Tribes. These two
small reservations are all that remain of the Powhatan Indian Nation (Pocahontas' Tribe), which once
covered 16 million acres in Virginia, Maryland and Delaware. Virginia has a Clean Water Act-approved
water program and the Virginia Department of Environmental Quality and Department of Natural
Resources have indicated support for this $200 million project (before the hearing), in part, to help
support development and better air-conditioned tourist attraction at Williamsburg and Bush Gardens.
The Mattaponi Tribe has raised environmental justice issues under federal Indian, environmental and
civil rights laws, and a 350 year-old treaty with Charles n to which all parties agreed and is still in effect.
CITIZEN PETITION PROVISIONS - TOXIC SUBSTANCES CONTROL ACT, SECTION 21
Many environmental laws have citizen petition provisions which allow a party to petition EPA for
rulemaking or other administrative actions. These provisions have been used with some degree of
success by groups addressing environmental justice concerns. In particular, the Toxic Substances
Control Act (TSCA) Section 21 contains a provision to address multiple sources of different chemicals
and cumulative exposures. EPA must respond to a petition within 90 days. Perhaps the most interesting
cases under TSCA Section 21 were the Imperial County and the Chicago Cook County petitions.
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Imperial County, California Case Study
For over 50 years, the New River which flows from Mexico into Imperial County, California was highly
contaminated with multiple chemicals (for example, PCBs, dichlorodiphenyltrichloroethene [DDT] and
Toxaphene), raw sewage, dead animals and floating debris. Contamination sources could include more
than 200 multi-national corporations located on the Mexico side of the border, agricultural runoff on both
sides of the border, untreated waste water, primarily on the Mexican side of the border, and the import
and export of chemical and chemical waste on both sides of the border. Data collection or monitoring of
pollution levels were not conducted and risk assessments of public health threats were not done for the
largely Hispanic and Indian, low-income residents living and working along the river. Environmental
justice groups, on behalf of citizens on both sides of the border filed a petition with EPA in 1992
requesting data collection, monitoring of river contaminants and a public health risk study. While not
formally granting the petition, EPA agreed to pursue actions under TSCA including collection of
information on cumulative exposures of multiple chemical contaminants and health investigations.
Ninety-five information-gathering subpoenas were issued to U.S. parent corporations with branches or
subsidiaries operating near the New River, and more recently, a major enforcement action was brought
for illegal import and export violations.
Chicago Cooke County, Illinois Case Study
Residents of Cook County filed a TSCA citizens petition with EPA in 1995 to collect and monitor data
on multiple toxic chemicals (for example, lead, mercury, cadmium, dioxin and furans) which they
believed would be released as air emissions and deposits from eight proposed hazardous waste
incinerators to be sited in their community. The affected community, largely low-income and people of
color, was already burdened with sewage treatment plants, landfills, illegal dump sites and numerous
industries. The petition asked for testing and regulation of the disposal of these chemical and asked EPA
to conduct risk assessments for health threats. The petition was not formally granted but EPA agreed to
conduct cumulative exposure assessments and risk analysis in the area. The Agency is now working with
the community to address these environmental issues.
CITIZEN SUIT PROVISIONS
Many of the early citizen suit actions and litigation involved issuance and enforcement of water permits
under the Clean Water Act (CWA). As an environmental justice legal tool, these provisions had both
advantages and disadvantages. Citizen suit provisions require a 90-day notice to EPA and other affected
parties such as the state and the pollution source. These parties have 90 days to remedy the violation
which could include amending the permit.
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
Title VI of the Civil Rights Act prohibits discrimination on the basis of race, color, or national origin in
programs and activities receiving federal financial assistance. States operating federally authorized or
delegated environmental programs maybe liable if they are found either to intentionally discriminate or
to have the effect of discriminating on the basis of race, color, or national origin. If such discrimination
is found and voluntary compliance is not reached, financial support of federal projects may be terminated
by EPA.
Chester County, Pennsylvania Case
In 1996, Chester Residents Concerned for Quality Living filed a Title VI lawsuit in Federal court
alleging the Pennsylvania Department of Environmental Protection violated Title VI and EPA's
implementing regulations by issuing a permit for the construction and operation of a RCRA Subtitle D
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solid waste facility in Chester, Pennsylvania. The lawsuit alleged that the operation of the facility will
have discriminatory human health, environmental, and other effects on African-American members of the
community near the facility. The case raises important issues regarding the application of Title VI in the
environmental permitting context, but also the ability of communities to litigate Title VI claims in
Federal court. The case currently is on appeal to the U.S. Court of Appeals for the Third Circuit on the
issue of whether private individuals may sue in Federal court to enforce an EPA regulation implementing
Title VI. The Department of Justice has filed several amicus curiae briefs in this litigation.
NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
The National Environmental Policy Act of 1969 (NEPA) mandates that federal agencies consider the
environmental effects of their proposed actions as they implement their respective missions. For
proposed actions that significantly affect the quality of the environment, federal agencies must prepare a
detailed environmental impact statement (EIS) that assesses the proposed action, the full range of
potential effects of the action (including impacts associated with human health, the environment and
related socioeconomic concerns) and all potential alternatives. The NEPA process is an important tool
for promoting environmental justice. Recently, the White House Council on Environmental Quality
issued a draft guidance document outlining the consideration of environmental justice issues in all phases
of the NEPA process.
Clairborne Parish, Louisiana and the Louisiana Energy Services (LES) Case
Louisiana Energy Services (LES), a consortium of private energy power companies, applied to the
Nuclear Regulatory Commission (NRC) for a license to site a uranium enrichment facility in Claiborne
Parish, Louisiana. Two small low-income African American towns, located adjacent to the proposed
facility, claimed racial discrimination in the site selection process used by LES. In fact, the facility
would bisect the community and residents claimed that LES failed to adequately consider the
socioeconomic effects of its proposal on the community. The community raised these issues with the
NRC Licensing Board citing health and safety concerns, environmental justice issues and violation of
NEPA requirements. In a recent decision, the NRC Licensing Board decided in favor of the residents and
refused to issue a license for a proposed uranium enrichment plant in north Louisiana, stating that "its
location could discriminate against black people living near the site." It directed NRC to conduct a more
thorough investigation under NEPA to determine whether racial discrimination played a role in the site
selection process. The board said, "LES could not get a license, partly because federal officials failed to
meet their obligations under Clinton's order when they reviewed the company's process for selecting the
plant site."
NATIONAL RELOCATION POLICY
Traditionally, permanent or temporary relocation as a component of a response action has proved to be a
complex issue for the Agency as it involves other agencies, such as HUD, state and local governments.
Resolution actions must balance technical requirements and cost-effectiveness with competing
socioeconomic and environmental justice issues. In 1995, EPA launched an effort to develop a
nationally consistent relocation policy which addresses both health threats posed by environmental
hazards and makes cost-effective, technically sound judgements.
Escambia Superfund Site Relocation Case Study
In 1996, EPA announced its decision to relocate 358 low-income, African American families from a
toxic waste site leaching dioxin, lead, arsenic and other contaminants into the yards of their homes in
Pensacola, Florida. The waste came from the cleanup of an abandoned Escambia Wood Treatment plant
piled nearly 60 feet high in an area covering about four football fields. The families complained of
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disparate treatment and alleged that the toxic exposure was causing health effects such as respiratory
problems, skin rashes, neurological symptoms and other illnesses.
Since EPA had relocated only about 12 communities in its 26-year history (starting with Love Canal and
Times Beach) and none this large in a people of color community, the Agency had to re-examine its past
relocation policy. The relocation cost was paid by the Department of Housing and Urban Development.
The local authorities' decision to redevelop and rezone the area for light industrial, non-residential use
also mitigated the overall relocation cost. Currently, negotiations are underway to relocate the entire
community to other parts of Florida. In a U.S. News report entitled: "A black and green issue moves
people," Atlanta regional EPA waste management chief Richard Green states... "What is likely to occur
is that smaller contaminated communities, like Escambia, will be candidates for relocation...We're not
going to be able to empty out South Side Chicago or the Bronx. And if Escambia is any model, the local
politics will be as important in determining which communities move as the science."
SETTLEMENT PROVISIONS
In lieu of civil penalties, environmental violators are often willing to agree to settlement provisions that
achieve specific goals, such as, guarding against future noncompliance with regulations. These
settlements, called Supplemental Environmental Projects (SEPs), are designed to redress adverse
consequences or take actions that are broader than a penalty alone. Under environmental justice
provisions, the affected communities can be consulted on the provisions proposed and, in some cases,
derive environmental benefit from the proposal. As the Agency continues to explore SEP provisions, it
believes that SEPs can be used as a means to promote community involvement in protecting the
environment.
Catano Residents and PREP A Case
In 1997, Residents of Catano, a low-income, Hispanic community, participated in a $6 million settlement
between EPA Region II and the Puerto Rico Electric Power Authority (PREPA) over air, water,
underground storage tanks, chemical spill and other violations. Some of the funds derived from the civil
penalties will be used to finance SEPs to reduce sulfur-laden emissions from PREPA's energy production
process and to restore the Las Cucharillas, one of the largest remaining wetland areas in Puerto Rico.
The consent decree anticipates that the Conservation
Trust, Puerto Rico's only non-profit private land
conservation organization, will be in charge of
implementing the wetlands restoration project. The
Trust will consolidate parcels of land, restore the
ecosystem, monitor unauthorized dumping, improve
water flow and quality, and implement a habitat
management plan. In the long run, the project will
prevent discharge from industrial and residential
development, and ultimately lead to an overall
decrease of pollution released into the environment.
The residents are hoping that the project will be an
economic boost to their low-income community as small craft shops are being planned for the
redeveloped area.
ENFORCEMENT COMPLIANCE ACTIVITIES AND THE PUBLIC
Early and meaningful public participation in environmental processes is an important goal in advancing
an effective environmental justice program. There should be a more concerted effort to provide
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information to risk-prone populations and to seek input from them. EPA should provide opportunities for
the public and other stakeholders to exchange ideas on how low-income and people of color communities
can have a better understanding and a greater interactive role in enforcement and compliance activities.
San Antonio, Texas Enforcement Roundtable
In 1996, EPA's Office of Enforcement and Compliance Assurance and Region VI sponsored an
Enforcement Roundtable in collaboration with the Enforcement Subcommittee of the National
Environmental Justice Advisory Council. The purpose of the Roundtable was to bring together a variety
of stakeholders, including community-based organizations, business and industry, and local, tribal and
state agencies to initiate dialogue and exchange ideas on how to enhance the effectiveness of
enforcement and compliance actions in environmental justice communities. The two-day session
generated several recommendations on inspection, screening and targeting strategies; community
monitoring plans; community notification and complaint resolution ideas.
CITIZENS MONITORING PROGRAMS
Increasingly as federal, state and local environmental resources dwindle, citizens may become an
important resource for assessing environmental conditions in their communities. Two such models are
presented below whereby citizens are given incentives to identify environmental concerns in their
backyards.
Rat-on-a-Rat Program (ROAR)
The City of Houston's Department of Public Works and Engineering initiated a citizen's monitoring
program for residents to help identify operators and handlers who improperly dump waste materials in
certain communities. Residents are offered nominal fees for identifying any environmental violation
which results in the collection of fines or penalties. The program has proved to be a successful
monitoring effort for the citizens and a powerful deterrent for potential violators. This "neighborhood
watch" program has resulted in a cleaner, greener neighborhood in communities.
Monetary Awards Approved Under The Clean Air Act
On February 7, 1997, Assistant Administrator Steve Herman approved the payment of monetary awards
to citizens who helped the Agency take successful enforcement actions under the Clean Air Act (CAA).
These were the first monetary awards given under the CAA, which authorizes EPA to make awards of up
to $10,000, after an enforcement action is concluded, to citizens who reported violations or assisted the
Agency in enforcement proceedings. The Agency gave a total of $37,000 to 20 citizens, whose
individual awards ranged from $300 to $10,000. The Agency assessed a total of more than $1.5 million
in civil and administrative penalties in these cases; 17 citizens assisted EPA in enforcing against
violations of CAA Title VI (stratospheric ozone protection), and three were involved in asbestos
NESHAPS cases.
The $10,000 maximum award was made to a citizen who helped EPA conclude a major asbestos
enforcement case. The citizen learned that children were playing with bags of a powdery substance in an
abandoned industrial building. Suspecting that the material was asbestos, he warned the children,
contacted the local air pollution control agency, and provided other information about the large quantity
of asbestos improperly stored there. Follow-up inspections documented numerous violations of asbestos
removal requirements. In addition to protecting children from this hazardous substance, the citizen's
action helped EPA successfully prosecute the violator. An EPA press advisory was released on February
14. The awardees have been notified and the Air Enforcement Division is completing the process for
payment.
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EMERGING COMPLIANCE ENFORCEMENT INITIATIVES
Two new compliance and enforcement initiatives provide a different perspective than traditional actions
directed at specific industrial sectors. A brief description of these two initiatives follows.
Urban Pesticide Abuse
In November 1994, EPA's Region V office was contacted by the Ohio Department of Agriculture and the
Lorain County Health Department regarding an investigation into an uncertified and unlicencedpest
control operator. The operator had been applying methyl parathion agricultural pesticide to hundreds of
residences located in economically depressed minority communities for over 17 years. The pesticide,
normally restricted for agricultural use was being applied to these homes for roach and other pest control.
Unfortunately, similar incidents observed in Ohio, Michigan and Louisiana highlights an emerging
pattern of illegal diversion of restricted use pesticides, particularly methyl and ethyl parathion, from the
agribusiness marketplace to low-income and minority communities principally in urban areas.
Although, several operators and applicators have been fined millions of dollars and others jailed on
felony charges, tragically some of these incidents have resulted in community evacuations and human
fatalities. EPA's Office of Enforcement and Compliance Assurance and the Office of Prevention,
Pesticide, and Toxic Substances have joined forces to address this new environmental justice problem
peculiar to primarily economically depressed communities located in old neighborhoods with long-
standing pest problems and minimal resources for pest control.
Concentrated Animal Feeding Operations (CAFO)
Within the last few years, the growing industry of animal factory operations (for example, poultry, and
hog producers) is locating in rural communities populated by low-income and minority residents. Waste
from these huge animal factory farms is creating serious environmental pollution, from water
contamination and fish kills to health threatening illnesses. In states, such as North Carolina, Virginia,
Utah, Iowa, Mississippi, Kansas, and Tennessee minimal environmental regulations to deal with waste
products from large corporate animal operations are in effect. In smaller, traditional farms, waste is
spread relatively evenly and thinly over the landscape and absorbed gradually. On the other hand, the
huge volumes generated by animal factories are stored in settlement and evaporation lagoons that burst or
leak into surface and/or groundwater. Such wastes contaminate well water and surface water with
parasites, bacteria, viruses, nitrates, heavy metals and other compounds. High levels of chemicals from
these wastes are oftentimes linked to several diseases which can be fatal in children, the elderly and other
sensitive groups.
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CHAPTER 8
Regional Highlights
This chapter highlights some of the accomplishments of EPA Regional Offices. Space does not permit a
complete exposition of the activities aimed at environmental justice goals by EPA Regional Offices.
Many of these activities are unique to the Regions. The Regional Offices, as in the Headquarters Offices,
have an Environmental Justice Coordinator to oversee the environmental justice program.
REGION I
BACKGROUND
Region I established an Environmental Justice Council made up of fifteen representatives from various
regional division offices. The Council is responsible for assisting the leadership team and the regional
Environmental Justice Coordinator in the integration of environmental justice into daily regional
operations. The Office of Regional Counsel also has created an Environmental Justice Workgroup.
Additionally, the region developed an Environmental Justice Policy and a Regional Action Agenda to
address environmental risks to low-income communities and communities of color, and to foster
innovative partnerships with community groups and other stakeholders.
MAJOR INITIA TIVES
Boston: Sustainable Neighborhood Organizations
The organization, "Neighborhoods Against Urban Pollution", grew out of a community driven/Agency
co-sponsored yearlong, collaborative effort of local, city, state, federal agencies and non-profit academic
organizations working on hazardous waste issues in Roxbury, Massachusetts, (pre-Brownfields). A
major goal of the project is to support the efforts of low-income and minority neighborhoods in Boston to
identify, prioritize, and address environmental and health threats in their communities and cultivate local
environmental leadership. So far, four successful neighborhood campaigns have resulted in the
establishment of working groups to:
Restore vacant lots;
Reduce respiratory threats from indoor air environments;
Provide/seek out pollution prevention assistance for local auto body/repair
shops; and
Educate residents on environmental problems and solutions.
Criminal Case Highlights
On June 25, 1996, Thomas Kassery, the owner of a metal plating business operating under the name of
the Plating Center, Inc., pleaded guilty to abandoning thousands of pounds of hazardous waste in a mixed
residential/industrial neighborhood in Bridgeport, Connecticut. Kassery abandoned his metal plating
shop in 1993 leaving behind uncovered plating and stripping baths, open and unsealed drums of acids
and cyanides, and large quantities of other hazardous wastes. Evidence gathered during the investigation
indicates that the building was broken into and vandalized on several occasions after it was abandoned.
The shop was discovered by Connecticut Department of Environmental Protection in July 1995. Kassery
declined to cleanup the facility. EPA ultimately spent more than $200,000 to remove and dispose of the
hazardous wastes in the building.
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Kassery pleaded guilty to one count of storage of hazardous waste without a permit and faces up to 5
years in jail and a fine up to $50,000 per day of violation. There has been no agreement between the
government and Kassery as to an appropriate sentencing level. The government expects to seek a
substantial jail sentence, in part because of the dangers posed by the abandoned wastes, Kassery's history
of failing to comply with the Resource Conservation and Recovery Act (RCRA) requirements, and his
failure to pay a $100,000 state RCRA penalty. Sentencing is scheduled in the Federal District Court in
New Haven.
New England Urban Environmental Initiative
In urban areas throughout New England, residents are exposed to a multitude of environmental hazards,
ranging from lead paint to auto emissions and poor indoor air quality. Cumulatively, the effects of these
hazards upon urban residents, especially sensitive populations such as children and the elderly, are
compounded by other economic and social ills resulting in a complex and unique health risk.
The New England region uses its resources to leverage development of sustainable public/private
partnerships to identify, assess, and address urban environmental hazards, and reduce environmental
degradation. Priority environmental and public health projects in targeted neighborhoods include, but are
not limited to a number of pilot efforts, such as restoration of urban river quality, lead poisoning
prevention and mitigation, identifying environmental factors which affect respiratory functions, and
restoring contaminated land and vacant lots. It is through these pilot projects that the Agency hopes to
build local infrastructure and address priority environmental issues.
Partners in this initiative are local residents, neighborhood community organizations, nonprofit
organizations, the private sector, academia, municipal, state, and other federal agencies that can
substantially contribute to data collection, assessment, problem identification, prioritization,
implementation, and work plan development.
Small Grants Program. As part of EPA's mission to protect public health and the environment, the
environmental Justice Program in Region I is committed to upholding the fair treatment of, and
meaningful involvement of all people in this process. Through the administration of the Environmental
Justice Grant Program, Region I has found a way to achieve this goal. Funding from the Environmental
Justice Grant Program has contributed to the following activities:
Indoor Air Quality Projects. The Committee for Boston Public Housing
(CBPH) received Environmental Justice grant funding to conduct an "Asthma
Education and Prevention" project. Studies revealed that 60% of families living
in Boston Public Housing had at least one family member with asthma; making
this a very personal and urgent issue. The project was designed to educate and
advocate for public housing residents suffering from asthma. Community
Organizers from CBPH put together an advisory board comprising community
residential activists and health providers. Seven individuals from three Boston
public housing facilities (Camden/Lenox, Alice Taylor and Mission Main) were
then selected to participate in the training project.
Restoration of Urban Rivers. Funding from the Environmental Justice Grant
Program has contributed to promoting community involvement in the restoration
of the Woonasquatucket River in Providence, Rhode Island. As part of this
project, environmental issues such as improper dumping, littering, and lack of
green/recreational space will be addressed. The Urban Environmental Initiative
(UEI), a regional program that incorporates principles of both environmental
justice and community based environmental protection, has built on the efforts
38 Environmental Justice: Working Toward Solutions -August 1997
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of this funded activity. UEI has plans to implement a comparative risk
assessment project, with a focus on the Woonasquatucket River and the
surrounding greenway.
The Chelsea Creek Riverway project in Chelsea, Massachusetts is another urban
restoration project. Two Environmental Justice Grant recipients, the
Neighborhood of Affordable Housing (NOAH), and Reaching Out to Chelsea
Adolescents (ROCA), deserve much credit for using these funded activities to
leverage additional resources for the project. Other partners include both Region
I's UEI and the Massachusetts State Program as well as other environmental and
community-based organizations. The comparative risk assessment to be
conducted on this urban waterway will be implemented mainly out of the
Massachusetts State Program and UEI.
Status of Greater Lawrence Incinerator Enforcement Strategy
In November 1996, the Urban Team convened a meeting with Merrimack Valley Environmental
Coalition (MVEC). The purpose of the meeting was to bring together all parties interested in compliance
issues at the Lawrence and North Andover incinerators. At the meeting, representatives from
Alternatives for Community and the Environment provided the group with an oral report of its findings
on the incinerators. This gave both EPA and the Department of Environmental Protection (DEP) an
opportunity to provide some guidance to MVEC on a number of issues concerning the underlying permits
at this facility. Some issues of concern are the exempt and non-exempt exceedances, interpretation of
CEM data, inconsistencies in reporting data, and the interpretation of some state-only compliance limits.
EPA and the State also provided the group a status report of its activities at these facilities. EPA has
initiated a review of compliance data at the facilities, conducted a preliminary CEM audit at the North
Andover incinerator and plans to conduct audits/inspections at all three facilities. The Region also is in
the process of reviewing the terms of the permits at each of the facilities.
REGION II
BACKGROUND
In May 1994, Jeanne M. Fox, Regional Administrator, signed into effect a Regional Order which
established the Region II Environmental Justice Work Group (REJWG). In October 1994, the REJWG
developed the Environmental Justice Operation Plan and Education Subplan. In February 1995, the
Region selected a full-time Environmental Justice Coordinator, Melva J. Hayden. The Environmental
Justice Coordinator reports directly to and is located in the Office of the Regional Administrator. In
1996, the Regional Environmental Justice Charter was revised to establish membership criteria for the
REJWG. The most notable changes to the revised Environmental Justice Charter include a provision that
at least one of the three division representatives to the REJWG be a branch chief, or the level of a team
leader to ensure management accountability. The other significant change provides for the appointment
of Environmental Justice Division Contacts at the level of a branch chief/team leader or deputy director
to ensure adequate communications on environmental justice matters requiring referral to a division
director or senior manager.
Environmental Justice: Working Toward Solutions -August 1997 39
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MAJOR INITIATIVES
Development of Environmental Justice Tracking/Reporting Mechanism
The Environmental Justice Coordinator is working with the environmental assistant and special assistant
to the Deputy Regional Administrator to develop a computer program to record and track Environmental
Justice inquiries received in the Region. The computer program will be updated to serve as a tool for
generating Environmental Justice reports and tracking Environmental Justice matters to facilitate
effective follow-up.
Environmental Justice Index Mapping Project
The Region's Office of Policy and Management (OPM) completed the atlas of maps depicting potential
Environmental Justice areas in all New Jersey counties, based on the OPM Environmental Justice Index
Mapping geographic information systems (GIS) coverages. Maps of potential Environmental Justice
areas in New York were completed for approximately eight New York counties. The New Jersey maps
are currently being formatted for the Region n home page on the Internet.
In fiscal year (FY) 1997, OPM will complete the New York atlas and begin work on a similar atlas for
Puerto Rico. Other future activities include: 1) posting the New York and Puerto Rico atlases on the
Region n home page; 2) developing Environmental Justice index coverages for the Virgin Islands; 3)
reviewing/revising the analyses that have been completed in light of comments received from reviewers
and the guidelines set forth in Region II's draft Interim Policy on Identifying Environmental Justice
Areas; and, 4) designing an Arc View-based Environmental Justice application to support Region II's
process for identifying Environmental Justice areas.
Grants Workshops Conducted in Puerto Rico, U.S. Virgin Islands, New York City and
New Jersey
The Region's Communications Division has conducted five small grants
workshops. An integral part of the workshop is a discussion on the
Environmental Justice Small Grants Program. Workshops were conducted in
San Juan, Puerto Rico; Mayaquez, Puerto Rico; St. Thomas, U.S. Virgin Islands;
St. Croix, U.S. Virgin Islands; and Niagara Falls, New York. Two additional
Small Grants Workshops have been conducted in New York and New Jersey.
A past Environmental Justice Small Grant recipient, the Citizens Committee,
compiled and published an "Environmental Justice Directory." This is a
directory of organizations in New York City that provide services to grassroots
groups through community empowerment activities.
Incorporating Environmental Justice into Brownflelds Pilots - Rochester, Buffalo, New York City,
and Trenton, New Jersey
The Environmental Justice Coordinator and the Region's Brownfields Coordinators met with the staff of
the Mayor's Office of Environmental Affairs to discuss the importance of including Environmental
Justice concerns in the Brownfields pilot project. This can be accomplished by including representatives
of Environmental Justice and community groups in the planning and implementation of the Brownfields
pilot project. As a result of that meeting and the Region's Brownfields forum held in FY96, Michelle
DePass, Executive Director, NYCEJA, is now a member of the community advisory group to that
project.
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Incorporation of Environmental Justice into Region's Community Based Environmental Program
(CBEP)
Region II created a Community Based Environmental Program (CBEP) Work Group to develop and
implement the Region's CBEP Initiative. In FY96, the CBEP Workgroup incorporated Environmental
Justice into the CBEP model, for example, Environmental Justice is one of the criteria in selecting CBEP
projects. To ensure cross coordination between programs the Region's Environmental Justice
Coordinator is a member of the CBEP Work Group and the CBEP Coordinator is a member of the
REJWG.
Indian Program Environmental Justice Activities Updates
In FY96, Region n continued to provide assistance to the seven federally recognized Indian nations.
Specifically, the Region continues to award General Assistance to three of the Indian nations. Through
these grants, consortium activities are supported; thereby assisting all seven of the Region n Indian
nations. In addition, the Region awards program specific funds under a number of programs including
solid waste, air, water, Superfund etc. Through program support, along with technical assistance, and
enhanced communications, the Region continues to assist the Indian nations in the development of
environmental capabilities.
Environmental Justice Issues Raised in General Motors (GM) Site - Massena,
New York - Update. EPA has spent considerable time and effort to resolve the
disposal of material at the General Motors (GM) Site contaminated with PCBs
above 10 parts per million (ppm). EPA's original Record of Decision (ROD)
called for treatment of all material with PCB concentrations above 10 ppm. In
1995, consistent with EPA guidance and in response to a request from GM, EPA
proposed to treat material with concentrations above 500 ppm and to contain
on-site material with PCB concentrations below 500 ppm. The Mohawks have
strenuously objected to this change as it would result in a much greater volume
of material (with concentrations as high as 500 ppm) being left on-site. Site
cleanup work has virtually halted pending resolution of this issue. Based on
recent developments, EPA is hopeful that there may be some movement on this
issue. EPA will propose a meeting with Mohawk officials and the Mohawk
property owners adjacent to the Site. Once the issue is resolved, remediation of
the site can continue.
West Valley Demonstration Project - Seneca and Tonawanda Indian Nations,
The Region was successful in requesting that the U.S. Department of Energy
(DOE) consider Environmental Justice in its proposed plan to remediate the
West Valley Demonstration Project in Cattaraugus, New York with respect to
the potential impact of the project on the surface and groundwater the Seneca
and Tonawanda Nations depend upon for subsistence. In addition, DOE has
agreed to create a citizens task force which will include the Seneca and
Tonawanda Nations in consideration of options to remediate the site.
South Bronx CBEP Initiative
In response to a request from the Bronx State Senator's office, the New York City Department of
Environmental Protection (NYCDEP) and the Environmental Defense Fund, EPA designated the South
Bronx for a community-based effort in FY96 and FY97, with a focus on the Hunts Point area. EPA's
partners in the South Bronx Project are the New York State Department of Environmental Conservation,
the New York State Department of Health, the New York City Department of Environmental Protection,
Environmental Justice: Working Toward Solutions -August 1997 41
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the New York City Department of Health, and the New York City Department of Sanitation. EPA also
has interacted with city and state agencies (that are not CBEP partners) whose authorities/regulations are
relevant to an identified concern of the community such as, zoning, permitting, illegal activities, etc.
Issues: South Bronx residents have expressed environmental justice concerns. These concerns are
predicated on the inordinate number of industrial facilities in this community. They view their
community as a waste "dumping ground". Facilities located in the South Bronx include waste transfer
stations (for solid waste, construction and demolition debris, putrescible and medical waste), a
wastewater treatment plant and a sewage sludge treatment plant, all of which residents believe contribute
to the strong odors in the area. Residents' primary health complaint of asthma, the highest in New York
City, may be caused by ambient air pollution.
The goal is to address residents' environmental concerns and build local capacity in this mixed
industrial-residential area through direct action by EPA (such as, inspections, outreach, information
dissemination, etc.) and facilitation of action by state and local agencies.
Update on Environmental Justice Activities in Puerto Rico
Region n remains committed to its goal of increasing public participation in environmental justice and
environmental matters of concern to environmental/community groups in Puerto Rico. The Region has
sought to accomplish this in the following ways: (1) increased representation for Puerto Rico on the
National Environmental Justice Advisory Council (NEJAC), (2) annual meetings between the Regional
Administrator and community groups in Puerto Rico, (3) intensification of enforcement actions in Puerto
Rico, (4) regional participation in the Puerto Rico Department of Natural Resources Workgroup, and (5)
increased representation for Puerto Rico through special initiatives and exploration of long-term regional
options.
Cataiio Environmental Quality Study, Cataiio, Puerto Rico. In 1992, the
Region began an Environmental Quality Study of the Catano area in Puerto Rico
in response to the community's health concerns. Respiratory problems and
cancer rates in the area were reportedly higher than those found on the rest of the
Island. These health problems were attributed by residents to pollution from a
number of nearby industrial sources.
Tropical Fruits Site (TFS). The Regional Administrator conducted a site visit
to the TFS during the August 13th non-governmental organizations meeting in
Ponce, Puerto Rico. As a result of that visit and observation of the site
condition, the Regional Administrator met with the Puerto Rico Department of
Agriculture (PROA). These meetings have resulted in the PRDA taking
appropriate enforcement action against the Tropical Fruits entity. In addition,
EPA Region II has initiated enforcement action for violations of the wetlands
protection regulations and worker protection standards.
In order to address community concerns regarding respiratory problems, the Region entered into an
agreement with the Centers for Disease Control and Prevention (CDCP) to study the prevalence and
severity of asthma in school-age children in the municipality of Catano. The CDCP asthma study,
completed in April 1996, found that both the Catano community and the control area, which is
considered a relatively "pristine" area in terms of air pollution, showed high levels of asthma among
school children. The Region and the Puerto Rico Department of Health co-sponsored a workshop in
Puerto Rico on April 25 and 26 to discuss these results with national and international experts in air
pollution and respiratory disease. This workshop resulted in recommendations on steps to be taken to
address community health concerns.
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REGION ffl
BACKGROUND
Region III created an Environmental Justice Office to better address the environmental justice concerns
in the region. The Region is participating in a number of cooperative efforts with state and local
government, universities, citizens groups, private businesses and industry, various federal agencies, and
other EPA offices in various environmental initiatives being conducted throughout the Region. These
efforts are designed to implement risk reduction and pollution prevention strategies, increase public
awareness, effectively eliminate/minimize risks, increase public awareness and community involvement,
and to answer important research questions related to environmental risk and exposure.
MAJOR INITIA TIVES
Anacostia Initiative
A full-time EPA staff person has been assigned to work exclusively on the Anacostia Initiative, in
cooperation with the District of Columbia and the Anacostia community to restore the Bay and address
environmental justice concerns. Remedial Action Plans for three designated regions of concerns in urban
settings (Baltimore Harbor, Anacostia River, and the Elizabeth River) have been completed. The
Community Based Protection Office (CBPO) has provided $600,000 for the development of the plans
and technical support for this project. The Scientific & Technical Advisory Committee of the CBPO
sponsored a 2-day conference with minority universities and colleges on increasing opportunities for
minority participation in the CBPO during 1995. Increased diversity in the workplace through outreach
programs is important.
Baltimore Symposium on Urban Environmental Justice
The "Baltimore Symposium on Urban Environmental Justice Research and Education" was an outgrowth
of the Baltimore Urban Environmental Initiative and related activities in Baltimore. The EPA, the
Maryland Department of the Environment (MDE), the City of Baltimore, International City/County
Management Association, University of Maryland School of Medicine, Morgan State University,
Sojourner Douglass College, Middle East Organization, African American Environmentalist Association,
and Center for Environment, Commerce and Energy sponsored the Symposium in Baltimore, Maryland at
Morgan State University on October 21 and 22, 1995. It created an opportunity for scientists, educators,
federal, state and local government representatives, and community leaders to discuss past and on-going
urban environmental justice research as well as future research needs of the Baltimore Community.
Papers were presented on a wide variety of environmental topics relevant to Baltimore, a number of
which were an outgrowth of projects funded through the Baltimore Urban Environmental Initiative.
Symposium proceedings are available upon request. A follow-up event is now in the early stages of
planning.
Edison High School Pond Restoration
The Drinking Water/Ground Water Protection Branch of the Water Protection Division initiated a project
with Edison High School, Philadelphia, Pennsylvania during FY94. The purpose of this project was to
provide and lend assistance to Edison High School students in their efforts to restore and maintain an on-
site school pond. The student body, mostly Hispanic and African-American, is located in a blighted
section of the city. This pond was created by the students/faculty and served as a resource for biology
classes. Over the years, this pond fell into disuse and the Region offered to assist in restoration. The
proj ect was monitored by the Office of Water Shed. Other key partners in this j oint effort were
Environmental Justice: Working Toward Solutions -August 1997 43
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Philadelphia Regional Introduction of Minorities to Engineering (PRIME) and the U.S. Natural
Resources Conservation Service. The project was completed in June 1996.
Environmental Justice Small Community Grants
Success stories related to the Environmental Justice Small Community Grants Program include a project
being conducted by the Virginia Water Project, Inc. in the State of Delaware. The project was designed
to build capacity within five low-income and minority communities to evaluate conditions resulting from
environmental inequity, identify options and resources for solutions and foster partnerships between
these communities and state agency representatives. The workshop and related activities conducted by
the Virginia Water Project, Inc. were fully successful in achieving these goals. As a result of the project,
the State of Delaware made changes in its environmental justice policy and developed a positive working
relationship with a number of low-income and minority communities in the state.
Weekly lead education and awareness sessions are being conducted for the children of Chester, as a
result of the lead education and outreach activities conducted by the Faith Holy Temple Church and
Chester Concerned Citizens for Quality Living. The project is partially funded by an environmental
justice grant targeted to small communities. The Chester Lead Awareness Campaign has awarded Zulene
Mayfield, President of the Chester Concerned Citizens for Quality Living, the David Chakabarty
Memorial Award for contributions to the community related to environmental and community health
matters.
The Hampton University Environmental Justice Research Center
The Hampton University Environmental Research Center Campus Executive Program in Hampton,
Virginia also has afforded the Region a number of opportunities through which to address environmental
justice. Through assistance from the Region, Hampton University has established an Environmental
Equity Research and Community Assistance Center. Its capabilities include GIS data analyses,
environmental engineering consultation, and scientific and sociological investigation.
Hampton University has established an Environmental Justice Information Center in Hampton, Virginia.
A major goal of the Center is the empowerment of the local community with regard to environmental
issues, through technical support, education and training.
South Baltimore Environmental Justice Community Involvement Partnership Project
A cooperative project developed by the Office of Prevention, Pesticides, and Toxic Substances (OPPTS)
cooperation with Region IE, is designed to address the environmental concerns of the residents living and
working in South Baltimore. The project was developed in partnership with MDE, the City of Baltimore,
area business and industry, and the residents living in the communities of Cherry Hill, Brooklyn,
Brooklyn Park, Curtis Bay, Fairfield, Hawkins Point, and Wagner's Point. The project focuses on efforts
to effectively address the concerns of the environmental justice movement and communities in the area
through a cooperative partnership. Thus far, the partnership has held a public meeting attended by more
than 200 area residents where the community identified and began to prioritize their environmental
concerns. As a result of this meeting, five focus groups were formed to develop action plans for each of
the areas of environmental concern identified by the community. Each focus group is co-chaired by a
community resident and an area business person. The groups currently are developing plans of action. It
is hoped that the cooperative efforts of this community-based partnership will lead to a better
understanding of all of the key issues as well as helping to identify solutions for problems and concerns
identified by the community.
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The project is a companion piece to the Baltimore Urban Environmental Initiative that will serve as a
model for the development of community-based partnerships. In addition, the initiative will serve as a
model for developing an effective means of addressing community-based environmental concerns, as
well as a means of providing information on technical support to communities on relevant environmental
issues and concerns, and serve as a forum for community outreach and empowerment.
South/Southwest Philadelphia Environmental Health Characterization Study
In December 1994, Region in began a Community-Based Environmental Project in South/Southwest
Philadelphia. The project was initiated in response to community concerns that their area of Philadelphia
was subject to an inordinate amount of industrial development which resulted in higher than average
pollutant levels and, therefore, adversely impacted the health of the community. The Region entered into
a two-year Cooperative Agreement with the Johns Hopkins University School of Hygiene and Public
Health to conduct an Environmental and Health Characterization of South/Southwest Philadelphia. The
purpose of the Study was to determine the state of the environment using existing data bases and to
develop a health profile of the community. The Study is not intended to identify cause and effect
relationships nor is it an epidemiological study.
During the course of the Study, the Johns Hopkins University (JHU) study team assembled a Community
Advisory Committee (CAC) composed of representatives of community organizations and a Science
Advisory Committee (SAC) comprised of representatives of local Universities and Health organizations.
The CAC has been instrumental in identifying community concerns and the SAC has provided necessary
expertise. In addition, the Region formalized a working relationship with Departments of the
Philadelphia City government, the Regional Office of the Pennsylvania Department of Environmental
Protection and the Philadelphia Local Emergency Planning Committee. This group, the Environmental
Implementation Team, has served in reviewing the progress of the study and working together to solve
problems of an immediate nature.
The study is now entering the final stages of data gathering and analysis, and a final report is expected in
1997. The report will contain findings and recommendations which will be reviewed and acted upon by
the appropriate government agencies. JHU also will be conducting educational sessions to provide the
communities with a background that will allow them to review the report and understand its findings.
REGION IV
BACKGROUND
Region IV established an Office of Environmental Justice to develop a program to address environmental
hazards with disproportionately high and adverse impacts on minority and/or socioeconomically
disadvantaged communities. Over the last four years, the regional environmental justice program has
continued to evolve.
In 1996, EPA Region IV underwent a major re-organization. A new division, the Environmental
Accountability Division (BAD), was established. As a result of the reorganization, the Environmental
Justice/Community Liaison (Environmental Justice/CL) Program was strategically moved to the new
division to ensure that the overall mission of the Environmental Justice/CL program was accomplished
and that resources within BAD were designated appropriately. BAD is responsible for the overall
direction, administration, and evaluation of regional integration of environmental justice into the
Region's daily activities.
Environmental Justice: Working Toward Solutions -August 1997 45
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MAJOR INITIATIVES
Air, Pesticides, and Toxic Management Division (APTMD)
The Air, Pesticides, and Toxic Management Division (APTMD) distributes information, translates
materials, and holds workshops to inform local agricultural workers about pesticide risks and provisions
for workers' safety. APTMD also is conducting enforcement initiatives within the Tri-State area and
Mobile, Alabama to investigate and secure source compliance with applicable air and toxic regulations
and standards. Finally, APTMD conducted outreach activities on radon and lead-based paint exposures
and worked with the Corporation for National and Community Service to develop radon and lead-based
paint outreach programs. The overall goal is to foster an understanding of the 1018 rule on lead-based
paint and lead-based paint hazards.
Charleston/North Charleston Community-Based Environmental Protection Initiative
Charleston/North Charleston is a geographic area with a number of environmental quality and human
health issues. Heavy industrialization of the Charleston/North Charleston area in the 1800's has resulted
in a complex combination of environmental problems. Past multi-media inspections have uncovered
hazardous waste violations, wastewater discharges exceeding permit limits, and air quality concerns. In
addition, this area contains a major Superfund site, numerous Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) sites, impacted wetlands, contaminated sediments, and fish
advisories for portions of adjacent waterways. Environmental activity associated with the closure of the
Naval Base and with a project that monitors the water quality of the Charleston Harbor system has
compounded the scope of problems faced by this community. The area also presents concerns from an
environmental justice perspective in that the population in this highly industrialized corridor is
predominantly minority, with a significant proportion living below the poverty level.
The overall objective of the community-based effort is a comprehensive environmental study of this area
followed by appropriate solutions to environmental and human health issues of concern in the
community. The project will adopt a problem-solving approach to, (1) determine the root causes of the
problems, (2) decide which tools will best address these problems, (3) develop administrative and
environmental indicators, and (4) measure progress. Solutions will incorporate ways of maximizing
opportunity for community input in the decision-making process and be geared toward partnering with
the state, other federal agencies, and local leaders.
Divisional Programs and Initiatives
The Escambia Treating Company (ETC). In June 1995, EPA nominated the
Escambia site for inclusion in the National Relocation Evaluation Pilot. The
pilot efforts will be used by EPA in the development of a national relocation
policy. The objective of this policy is to determine when relocation should be
used in addressing the health threats posed by Superfund sites in a way that
reflects community interests, juxtaposed against cost-effective and technically
sound remediation alternatives.
The ETC site is located in Pensacola, Escambia County, Florida. The 26-acre
ETC site, located in a mixed industrial and residential area, is bordered on the
north by residential neighborhoods, on the west by Palafox Street, on the east by
the Railroad Switchyard, and on the south by an abandoned concrete plant and a
small industrial park. The site is an abandoned wood preserving facility that
operated from 1942 until 1982. In October of 1991, EPA began a removal action
to excavate contaminated materials and to estimate the amount of material to be
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removed in subsequent phases. The removal action was completed in 1992. The
excavated material (225,000 cubic yards) currently is stockpiled under secure
cover on-site.
In April 1996, EPA issued a proposed plan for the Escambia Superfund Site and
proposed a remedy for relocation of 66 households in the Rosewood Terrace
Subdivision. The proposed remedy was intended to address contamination in the
yards of 22 households and the effects of implementing the remedy on the
remaining 44 households. In August 1996, EPA announced its intention to
expand the relocation program to include the Oak Park Subdivision, thus adding
an additional 35 households. The expansion was proposed in recognition of the
isolating effect the Rosewood Terrace subdivision relocation would have on the
single family homes of the Oak Park community and the community's concerns
with regard to site contamination.
The Record of Decision (ROD) proposes to add Escambia Arms Apartment
complex and the Goulding subdivision to the relocation, for a total of
approximately 358 households. The remedy is based on health risk reduction,
community welfare, cost benefits and operational concerns, configuration of the
land area, as well as long-term community development goals. Initial
implementation of the relocation program will begin in 1997.
Tri-State Area of Kentucky. A data collection and model exposure project
with support of the Commonwealth of Kentucky was implemented to monitor
toxic releases from numerous industries affecting the Tri-State area of Kentucky,
Ohio, and West Virginia.
Tift County Georgia Environmental Justice Initiative. The region has
developed and is in the process of implementing the Tift County Georgia
Environmental Justice Geographic Initiative. The pilot project will study waste
sites located in Tifton, Georgia and the surrounding area within Tift County.
Tifton, which has a population of approximately 15,000 residents, includes a
total of nineteen (19) potential hazardous waste sites. These include one
National Priority List (NPL) site, one site currently under evaluation for
inclusion on the NPL, and six sites that have undergone or are currently
undergoing the process of waste removal. EPA is working with the Citizens
League Opposed to Unwanted Toxins (a citizen's group in Tifton), the Georgia
Environmental Protection Division, and the Tift County Board of
Commissioners to address the potential environmental harm resulting from these
sites in Tift County. The Agency for Toxic Substances and Disease Registry
also has been active through existing agreements with EPA, by providing public
health assessments in communities surrounding NPL sites. In an effort to
highlight activities in Tift County, Region IV senior management officials
attended several community/public meetings to maintain open communication
with local community leaders and residents.
Environmental Justice Small Grants Program
The Grants Program has been beneficial in establishing and promoting partnerships with colleges and
universities in the southeast that play a pivotal role in assisting and supporting the many grassroots
organizations, as well as state and local governments on Environmental Justice issues. An example is
Vanderbilt University Medical School's Service Training for Environmental Progress (STEP) Program.
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The program trains graduate and undergraduate students to provide technical assistance to low-income
community groups confronting environmental problems. Through its summer internship program, STEP
interns provide assistance to communities in documenting pollution and educating the public on the
technical aspects of environmental issues. In the last four years, one-half of STEP'S projects were
conducted in communities of color.
Mobile County, Alabama
The Region IV Air and Emergency Planning and Community Right-To-Know Act Enforcement Branch,
along with the Alabama Department of Environmental Management (ADEM), received a number of air
pollution related complaints from citizens living in and around the Mobile, Alabama area. Some of the
complaints are in relation to sandblasting, painting of boats and open burning of laminants from wood
furniture manufacture. Based on the complaints as well as a request from the Region IV Office of
Environmental Justice, the Air Enforcement Branch pursued these issues employing a community-based
environmental protection approach.
Walker County, Alabama
In FY96, Region IV conducted an environmental justice investigation at the Pineview Sanitary
Landfill/Yerkwood Community. The investigation was requested by the Region's Water Management
Division in support of the Environmental Justice Program and in response to environmental concerns
from the Yerkwood Community.
The data-gathering component of the investigation was conducted in two phases. Phase One focused
primarily on the characterization of the water streams within the landfill and the Yerkwood Community,
and the evaluation of the overall physical conditions of the entire area. Phase Two was conducted in an
effort to provide answers to some of the findings from Phase One.
According to the final report, two creeks that traverse the Yerkwood community are polluted and some of
the sources impacting the creeks have been identified. During the investigation, the storm water
discharges from several outfalls at the Pineview Landfill experienced a deterioration in effluent quality
when compared to the previous discharge (prior to the rain events). Additional investigations need to be
conducted to confirm this conclusion.
The report has been transmitted to ADEM for circulation and review. A meeting will be scheduled with
the community in FY97 to discuss the findings of the investigation. At this time, no further action
regarding the investigation has been recommended.
REGION V
BACKGROUND
In 1996, under a reorganization program, Region V established a Regional Team tasked with overseeing
the Region's implementation of its environmental justice initiatives. Under the direction of the
Environmental Justice Regional Team Manager, the team develops projects, provides consultation, and
advocates targeting of resources toward environmental justice issues and concerns.
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MAJOR INITIATIVES
Central Wayne Municipal Waste Combustor, Dearborn Heights/Inkster, Michigan
In response to concerns of citizens and environmental groups regarding health and environmental impacts
from the operation of the incinerator over the past 30 years, EPA, in cooperation with the State and
County government agencies, will conduct a soil sampling effort in the community to assess the scope of
impacts. The project provides for strong community involvement and public participation.
"Community Involvement in the Enforcement Process" Workshop
In June 1996, EPA, in collaboration with Chicago-Kent College of Law held a conference to bring public
interest attorneys and other stakeholders, active or interested in Environmental Justice issues, together
with government attorneys to discuss ways to more effectively involve impacted communities in the
enforcement process. The conference was well received and resulted in a positive and enlightening
dialogue. Region V plans to conduct a number of follow-up activities on this important issue.
Gateway Initiative "Tire Amnesty Days"
The accumulation of tires in abandoned houses, empty city lots, and in alleys and lesser used streets is
one of the greatest community concerns in East St. Louis, Missouri and surrounding communities such
as, Washington Park, Alorton, Centreville, Brooklyn, Madison and Venice. To address the issue, Region
V teamed up with the Illinois EPA to sponsor "Tire Amnesty Days" on October 15 through 17, 1996.
Tires were accepted free of charge at four locations in the metropolitan East St. Louis area. The tires
were shredded at a new facility in East St. Louis that is operated by the Department of Correction, and
transported to local industries for use as a fuel alternative. Unlike tire collections sponsored by the State
in the past, this one had a strong community-based component. Volunteers went out in trucks provided
by the City of East St. Louis and St. Clair County Sheriffs Department, and picked up tires that had been
dumped illegally. Over 16,000 tires were collected.
General Motors Facilities, Pontiac, Michigan
In response to a number of citizen and environmental groups' concerns regarding environmental and
health impacts from many of the activities conducted at several General Motors facilities in past years,
EPA hosted a public meeting with all parties in an attempt to collectively resolve the issues. As a result
of the initial meeting, the citizens and the company agreed to work toward the development of a "Good
Neighbor" Agreement. South East Michigan, non-profit organization, has provided support to Clean
Sites, Inc. to facilitate the discussions which have been ongoing for the past six months.
Regional Environmental Justice Implementation Plan
The region has developed a long-term goal of "virtual elimination of disproportionate environmental
impacts on people of color and low-income communities". To this end, environmental justice has been
identified as one of six priorities for FY97 and a Region V Environmental Justice Implementation Plan
has been developed. The Plan details all activities that the Region is undertaking to address
environmental justice.
Regional Geographic Initiative Teams
Several multi-media Regional Teams to address issues in key geographic areas within the Region have
been established. These are: the Greater Chicago Team; the Northwest Indiana Team; the Gateway
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Team; the Southeast Michigan Team; the Northeast Ohio Team; the Upper Mississippi Team; and the
Crandon Mine Team. All of the teams cover areas that include disproportionately exposed communities.
The teams are undertaking a number of activities such as: (1) providing outreach and education, and (2)
conducting environmental cleanup and special initiatives to address concerns specific to each community
in pursuit of Environmental Justice goals.
Regional Great Lakes Teams
A number of multi-media teams are tasked with addressing issues around the Region's Great Lakes.
These teams include: Lake Michigan, Lake Superior, and Lake Ontario. Each team covers
disproportionately exposed communities, and performs activities that address the concerns of these
communities.
Sherman-Williams Consent Decree
Sherman-Williams is a resin and paint manufacturing facility in southeast Chicago. The decree addresses
a July 1993 lawsuit which alleged violations of the Clean Air, Clean Water, Resource Conservation and
Recovery, and Emergency Planning and Community Right-to-Know acts. The consent decree includes a
$4.7 million penalty, $1.1 million in brownfields and wetland restoration supplemental projects, full
compliance with all statutory and regulatory requirements; closure of hazardous-waste management units
at the site; and facility-wide cleanup, including the cleanup of old landfills. It will help to address both
health concerns and odors that have been a nuisance to the surrounding community and help in reducing
volatile organic compounds (VOCs), ozone and smog.
Under the agreement, the company agreed to provide $950,000 toward redeveloping a brownfield site in
the predominantly minority Victory Heights/West Pullman neighborhood and provide $150,000 to Open
Lands, an environmental group, to restore wetlands at the Indian Creek site near Lake Calumet. The
company plans to shut down solvent-based paint manufacturing at the facility in 1998 and transfer jobs to
other manufacturing facilities. However, the company is still required to carry out procedures to assure
compliance with Federal hazardous-waste laws and install closed-cleaning equipment on all of the
solvent-based paint production vessels to control emissions of VOCs. Ongoing violations of the CWA
ceased when the company shut down resin manufacturing operations at the facility in April 1992. The
company also has agreed to cleanup old landfills, contaminated soil and groundwater at the facility.
Significant Environmental Justice Site - Winton Hills/Place Initiative, Cincinnati, Ohio
Region V has formed a team to address environmental justice issues in the Winton Hill/Place community
in Cincinnati, Ohio. EPA is facilitating a series of meetings among industry, state and local government,
and community representatives to cooperatively address community concerns.
REGION VI
BACKGROUND
The Region VI Environmental Justice program has undergone a number of organizational changes over
the last year. As a result of a Region VI reorganization, the Environmental Justice Coordinator position
was moved to the External Affairs Division; in a subsequent reorganization, the Environmental Justice
Coordinator position was moved to the Compliance Assurance and Enforcement Division.
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MAJOR INITIATIVES
Environmental Justice Enforcement Roundtable
In collaboration with NEJAC and EPA's Office of Environmental Justice (OEJ), Region VI hosted the
first Environmental Justice Enforcement Roundtable in San Antonio, Texas on October 17 through 19,
1996. The two and a half day meeting included a bus tour of selected sites in Environmental Justice
communities, a training session, panel discussions and small-group break-out sessions. At the request of
community leaders, federal officials met with community representatives in three small group sessions to
discuss issues and concerns. The roundtable was well attended by stakeholders from grassroots
community groups, environmental organizations, academia, industry, tribal and state governments. The
event proved to be an excellent opportunity for all parties to share information and initiate
communications for constructive problem-solving.
Environmental Justice Grants
Members of the Kelly community who participated in the October 17 through 19, 1996, Environmental
Justice Enforcement Roundtable in San Antonio, received application forms for grants under the Small
Grants Program and the Community/University Partnership Grants Program for FY97. Prior to the
March 7, 1997 closing date, an application was made by the non-profit Esperanza Peace and Justice
Center for consideration under the OEJ Small Grants offering. Projects under this offering can be funded
up to $20,000.
Kelly Air Force Base, San Antonio, Texas
The Kelly community and a number of Kelly Air Force Base Restoration Advisory Board (RAB)
members voiced concerns over off-site migration of ground water contamination in the East Kelly
neighborhoods, exposure to buried radiological materials at the base and potential health impacts in the
North Kelly Gardens area at the northern boundary of the base. The Agency for Toxic Substances and
Disease Registry (ATSDR) conducted a health study of the community and outlined its findings.
Overall, ATSDR has found little or no correlation between local symptoms and emissions or releases
from the base. In regards to radiation exposure, ATSDR learned there is no exposure to radioactive
waste buried under the golf course, and there appears to be no radioactivity above background levels
detectable in areas where radioactive waste was previously buried. Since those findings have been
released, the issue of exposure to radioactive materials has not been raised at public meetings or by the
RAB. Issuance of the final report is still pending.
Methyl Parathion
EPA Region VI has taken a proactive position to prevent, identify, and notify the public of the misuse of
methyl parathion. Methyl parathion is a potent agricultural pesticide that has been generally misused.
The Louisiana Department of Agriculture (LDA) has issued press releases and public service
announcements related to the misuse of methyl parathion in homes and other buildings. These statements
include a hotline telephone number established to receive reports of structures that may have been treated
with methyl parathion. Inspectors from LDA followup on information reported on the hotline by
conducting investigations and collecting samples from the building where methyl parathion may have
been applied. Results from sample analyses are used by the Louisiana Department of Health and
Hospitals to determine if decontamination of the building and relocation of residents are necessary.
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Pesticides Program EnvironmentalJustice Accomplishments
The Region VI Pesticides Section is translating educational materials that promote proper use of
pesticides by urban residents of Fort Worth, Texas and surrounding Hispanic communities into Spanish.
The materials were developed by the Fort Worth Water Department as part of its Clean Water Program to
prevent misuse and excessive use of diazinon and other pesticides. Diazinon is commonly used by
residents in Fort Worth and surrounding areas to control fire ants. Excessive levels of diazinon in the
city's wastewater and storm water has resulted in toxic effluent discharges. Translation of the documents
is scheduled for completion FY97.
Public Information Meetings Initiated
During the past year, the community has continued to voice concerns that the RAB has not been effective
in representing community concerns to the Air Force and regulators or in informing the community on
cleanup activities. On November 7, 1996, Kelly Air Force Base, Texas Natural Resource Conservation
Commission (TNRCC), and EPA held a public information meeting on the cleanup and base closure
activities. The meeting provided an opportunity for residents of the surrounding communities to review
displays concerning the progress of cleanup activities and talk to the individuals involved in the work.
The meeting was well received by those community members who participated. The Air Force plans to
use more of these Information Fairs to keep the community informed and to provide an opportunity for
one-on-one dialogue.
Region VI EnvironmentalJustice Workgroup Initiatives
The Region VI Environmental Justice Workgroup recently completed efforts to identify FY97 initiatives
for implementation. Included in the initiatives are the development of a well-defined structure and
implementation protocol for the Regional Environmental Justice program, internal Environmental Justice
training, and grant-writing training for communities.
Region VI Solid Waste Tribal Assistance
EPA met with the Indian Health Service, Bureau of Indian Affairs and All Indian Pueblo Council,
InterTribal Environmental Council and several Region VI tribes and collected data to assess the progress
of the New Mexico Pueblos in meeting the October 9, 1997 deadline for closing their open dumps.
Crucial to meeting the deadline is ensuring that alternative solid waste management systems are in place
before closing the dumps. The assessment should be completed along with a listing of potential
management options, by FY97. Region 6 is developing a strategy to assist the tribes in meeting the
October 9, 1997 deadline.
Region VI Underground Storage Tank (VST) Tribal Program Training:
The Region VI Underground Storage Tank (UST) program presented two one-day training sessions in
Oklahoma City and Tulsa, Oklahoma, for all the InterTribal Environmental Council member Tribes on
UST rules and regulations, current leak detection requirements and the UST 1998 upgrade requirements.
RSR Lead Smelter Superfund Site Tour and Meeting
At the request of Richard Moore of the Southwest Network for Environmental and Economic Justice and
Reverend R. T. Conley, EPA officials met with West Dallas residents in late September 1996. The
purpose of the meeting was to clarify EPA's position on several key issues of concern, including
relocation, recontamination during cleanup operations, long-term health care and employment
opportunities for residents during cleanup activities. Prior to the meeting, the Deputy Regional
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Administrator, Jerry Clifford, Superfund and Enforcement Division Directors, Myron Knudson and Sam
Coleman, and EPA staff toured the site with Moore and Conley. EPA officials who attended the meeting
included, Tim Fields, Deputy Assistant Administrator, OSWER. Both residents and EPA officials cited
the meeting as a success, and significant commitments were made by EPA regarding job training
opportunities.
Shintech, Inc. Proposed PVC Facility
Shintech, Inc. has received permits from the Louisiana Department of Environmental Quality (LDEQ) for
the construction and operation of a polyvinyl chloride facility in Convent, Louisiana. Throughout the
permit review process some residents and environmental groups spoke out strongly opposed to the
proposed facility, alleging denial of adequate citizen participation by LDEQ and environmental racism in
the proposed citing of the facility in this largely African-American, low-income community. Another
group who identifies itself as "Freetown residents," have expressed strong support of the proposed
facility, citing potential employment opportunities and other economic benefits. Under its one-permit
system operated under a delegated program agreement with EPA, LDEQ issued Title V and Passive
Sampling Device permits to Shintech on May 23, 1997. Tulane Law School, on behalf of St. James
Citizens for Jobs and the Environment, and other groups have filed petitions for denial/revocation of the
permits under Title V of the Clean Air Act. In another action, Tulane filed a complaint under Title VI of
the Civil Rights Act alleging discrimination on the part of LDEQ that resulted from the permit review
process and subsequent issuance of the permits. EPA has received a similar Title V petition from the
Louisiana Environmental Action Network.
The petitions and the Title VI complaint are currently under review by EPA Region VI and Headquarters
under the direction of a steering committee and taskforce. The taskforce is reviewing pertinent
information regarding the permit and will ultimately make a recommendation on each petition and the
Title VI complaint.
Training - Deep South Center for Environmental Justice Symposium
Under an initiative funded through an Environmental Justice grant, the Deep South Center for
Environmental Justice hosted an Environmental Justice Symposium on November 1 and 2, 1996 in New
Orleans, Louisiana. The training, "Building Partnerships for Empowerment through Training", provided
useful information to attendees regarding environmental issues in Environmental Justice communities.
An address was presented by the key-note speaker, Dr. Mildred McClain, of Savannah, Georgia. The
symposium was an excellent example of community outreach and training.
REGION VII!
BACKGROUND
Region VII has established Environmental Justice Workgroups in its division and offices and has formed
a regional Environmental Justice Council to report on, plan, and review regional environmental justice
activities. The goal is to proactively address environmental justice issues and involve environmental
justice communities in the region's processes and activities. The Region is addressing environmental
justice issues and participating in the national grant programs.
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MAJOR INITIATIVES
Environmental Justice Small Grants
Lead Safe Kansas City. In 1994, EPA awarded $10,000 in grant funds to
Leadbusters, Inc. of Kansas City, Missouri to develop a training manual. The
product is a comprehensive guide and training manual entitled "Childhood Lead
Poisoning: Prevention and Remediation". Leadbusters is a non-profit
organization whose mission is to attain a lead-safe environment that prevents
childhood lead poisoning, thereby improving the health, economic, and social
livability of the Greater Kansas City community. Leadbusters has been
instrumental in providing educational materials to the public, providing lead
abatement training, conducting lead assessments, and lead abatements in the
Kansas City Metropolitan area. The training manual has been a useful tool in
providing educational information to the public.
Open Airways for Schools (OAS). OAS, a school-based asthma curriculum for
children ages 8 through 11, is a program whose goal is to help young asthmatics
learn to manage their asthma. It is hoped that the use of this curriculum may
result in reduction in the number asthma episodes, the number of days missed
from school, and the number of hospital visits. The groups involved in this
project include the American Lung Association of Eastern Missouri, St. Louis
City Public School Health Services, and the Zeta Phi Beta Sorority.
Fifty-one students/participants graduated from the program on December 3,
1994, 68% of which were African-American and 32% were Caucasian. Twenty
two health care professional volunteers provided the training program in asthma
management. Full implementation of this program throughout the St. Louis City
public elementary schools will occur over a five year period.
Outreach to Environmental Justice Communities
Environmental Justice Forum. Region Vn conducted its first Environmental
Justice Forum on February 28 through 29, 1996, in Kansas City, Kansas.
"Creating Community and Economic Partnerships - An Environmental Justice
Forum" was co-sponsored by the International City/County Management
Association (ICMA). The Forum was well attended and received by community
organizations, businesses, schools, universities, and other federal agencies in
Region VII. The second forum, co-sponsored by ICMA, was funded through a
Cooperative Agreement with OSWER. The Forum received positive feedback
from external partners and EPA participants.
Kansas City Exposure. EPA Region VII had a booth at this year's Kansas City
'Exposure' (formally known as the Black Expo). 'Exposure' was reported to
have had an audience of about 30,000 people consisting primarily of African-
American patrons. The booth's theme was "Be Aware of Exposure to
Environmental Hazards." The booth provided environmental justice information
as well as program information pertaining to household environmental hazards.
Kansas City Metropolitan Community College. The Kansas City
Metropolitan Community College invited EPA to be a special guest at its "Social
Problems" course on November 7, 1996. The "Social Problems" course is one of
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several classes which is televised live on a local cable access channel with call-in
lines. Three EPA employees from the Environmental Justice Program,
Brownfields Program, and the Air/RCRA/and Toxics Division represented the
Agency. The courses consisted of three hours of spirited dialogue between the
panelists and the students as well as callers from the viewing community. The
region views this type of communication as a viable model for future outreach
efforts.
Permits and Enforcement
Company Ceases Burning Hazardous Waste-derived Fuel - Ash Grove
Cement Co., Louisville, Nebraska. Ash Grove Cement Company entered into
a settlement involving a civil penalty of $140,000. In September 1993, EPA
Region VII issued an administrative action against Ash Grove for violations of
the RCRA regulations at its Louisville, Nebraska, facility.
On January 29, 1996, representatives of Ash Grove Cement Company met with
the Regional Administrator, to announce its decision to drop its hazardous
waste-derived fuel program at its Louisville, Nebraska facility. Ash Grove cited
economic reasons for its decision. Ash Grove declared its intention to pursue the
use of scrap tires and other non-hazardous waste fuels at the facility. EPA and
the Nebraska Department of Environmental Quality (NDEQ) will work closely
together to assure that proper oversight of Ash Grove's closure of its hazardous
waste fuel program in Louisville is properly undertaken. Ash Grove will pay a
civil penalty of $140,000 for its RCRA violations.
Considerable interest in the Ash Grove Louisville facility has been shown by
members of the Louisville community. A citizen's group, known as Eastern
Nebraskans Against Chemical Trespass has exerted considerable pressure on
Ash Grove, EPA, and NDEQ to require Ash Grove to cease the burning of
hazardous waste-derived fuel at the Louisville facility.
EPA Consent Decree - Osage Metals Site, Kansas City, Kansas. On
September 26,1996, a consent decree was entered in the District Court of
Kansas which enables formerly contaminated industrial property to return to
productive use. The decree requires the owner of this Superfund site to transfer
ownership of the site to a third party. Incorporated into this consent decree is an
administrative order which requires the third party identified in the consent
decree to pay EPA $80,000 in reimbursement for costs incurred in performing
removal action at the site. The new owner will redevelop the property into a
productive business that will generate tax revenue for the City of Kansas City.
The site was formerly a scrap yard that ceased operating in 1993 after a flood
destroyed part of the warehouse. The property was filled with scrap and debris
until EPA performed the removal action to cleanup the PCB and lead
contamination in the soils. Since 1993, no commercial activity has occurred at
the site. The City of Kansas City had an interest in restoring the property to a
productive state and had taken steps to condemn it in order to include the site in
a tax incremental financing ("TIP") district. A developer, W.W. Land Company,
had an interest in buying the property and developing it. Wyandotte County had
a $14,467.17 tax lien on the property and was taking steps to foreclose. The area
is located in an industrial zone surrounded by a predominately Spanish-speaking
Environmental Justice: Working Toward Solutions -August 1997 55
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community. Fact sheets were published in Spanish and English to acquaint
residents with EPA's activities at the site.
FY97 Multimedia Inspections. Utilizing the regional Geographic Information
System (GIS), Region VII overlaid media-specific facility information such as
location of RCRA facilities, RCRA large quantity generators, Superfund sites,
underground storage tanks, air emission sources, and TRI releases in the St.
Louis area with pertinent socioeconomic information. Based on this
information, multimedia inspection targets have been identified in areas of
environmental justice concern. Six multimedia inspections are planned in FY97.
The St. Louis Metropolitan area has been designated a moderate ozone
nonattainment area.
South Lawrence Trafficway. Region VII has been involved with the South
Lawrence Trafficway (SET) in Lawrence, Kansas, since 1987. The State of
Kansas and Douglas County proposed a trafficway in Lawrence near Haskell
Indian Nations University, and the Federal Highway Administration (FHWA)
provided Federal cost-sharing for the trafficway. EPA became involved as part
of the NEPA process as a cooperating agency. Upon completion of an
Environmental Impact Statement (EIS) for the trafficway in 1990, an alignment
was selected (31st Street) which is adjacent to the part of the Haskell campus
where sweat lodges and a Medicine Wheel are located. In 1993, a coalition of
Haskell students and alumni informed the FHWA that the EIS did not adequately
consider the impacts to the cultural and spiritual life of the Haskell community.
As a result, Haskell requested that a Supplemental EIS (SEIS) be undertaken to
respond to their concerns. In 1994, the FHWA, the State of Kansas, and Douglas
County (the project sponsors) agreed to Haskell's request.
The SEIS evaluated two alternative alignments, 35th Street and 38th Street in
addition to the previously selected 31 st Street. The 35th Street alignment would
bi-sect the Baker Wetland Complex, and there are environmental and floodplain
problems associated with the 38th Street site. The State of Kansas and Douglas
County have indicated that they prefer the 31 st street alignment. FHWA
officials have attempted to withdraw from the NEPA process and "de-federalize"
the SET project. As a result of de-federalization and withdrawal from the NEPA
process, the Haskell Coalition challenged the project sponsors in Federal District
Court. On July 17, 1997, the court ruled against the project sponsors and
enjoined work on the eastern leg of the South Lawrence Trafficway prior to
completion of a SEIS.
REGION VIII
BACKGROUND
In October 1995, Region VIE reorganized to provide better quality environmental protection and more
efficient utilization of regional resources. The major changes in the reorganization reflected: 1)
movement from a solely statutory organizational structure to a functional structure; 2) more effective
partnerships with states, tribes, and local communities; 3) consolidation of enforcement and compliance
programs; 4) a focus on community-based environmental protection; and 5) a point of accountability for
environmental justice. An Environmental Justice Program was created and staffed with a Program
Director and five full-time employees. The Regional Environmental Justice Work Group, which was
created before the reorganization still exists. Some of its members are still active in environmental
justice activities.
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MAJOR INITIATIVES
Enforcement, Compliance, and Related Activities
Environmental Justice Protocols for Inspection Targeting. The protocols were
developed for targeting programmatic inspections while incorporating environmental
justice considerations. The system is elegant in its simplicity, relying on readily
available information in the regional GIS system to rank all facilities in a given sector
using specific environmental justice criteria. The criteria includes demographics (for
example, population density, income data, and racial designation) and a surrogate factor
for potential disproportionate risk (number of facilities reporting under CERCLA,
RCRA, or TRI within a one-mile radius). While the protocols were developed for the
FY96 inspection activities, because of government furloughs and lack of travel budget
for inspections, they were not fully utilized. For FY97, discussions have begun with the
enforcement programs to ensure the protocols are applied.
National Environmental Policy Act (NEPA) Reviews. The Region invested resources
in the NEPA process which incorporates environmental justice considerations in major
federal actions. The Region's staff is in contact with regional NEPA staff, national
NEPA training efforts, and national NEPA guidance initiatives to incorporate
environmental justice considerations into these processes. EPA staff organized a
half-day environmental justice segment in a recent three-day NEPA class given in
Region VIII. In addition, for the Zortman-Landusky environmental impact statement
(EIS) on the expansion of a mine and heap leach facility adjacent to the Fort Belknap
Reservation in Montana, our staff provided comments identifying environmental justice
considerations that needed to be addressed in the NEPA process. These considerations
included treaty issues, and cultural and religious utilization of resources that maybe
impacted by the mine expansion.
Interagency Collaborations
The Region has scheduled a meeting with the Denver area Federal Agency Environmental Justice Task
Force to bring members up-to-date and explore ways of making the task force relevant to the federal
community.
Outreach to Environmental Justice Communities
The Region has conducted extensive outreach to community groups in Region VIII, as well as
presentations on environmental justice at national meetings. Outreach activities have included
consultation and research on specific issues, presentations about environmental justice, sharing of
resources, participating in community meetings, and obtaining speakers for informational meetings. In
addition, the Region maintains an interactive data base of organizations and individuals interested in
receiving information about environmental justice, such as grants and meeting announcements. The
database has been used to send out grant announcements for other EPA programs, such as environmental
education. The Region is currently planning a one-day conference with grass-roots organizations,
community leaders, local environmental groups, and development representatives to address the role of
communities in redevelopment.
Environmental Justice Small Grants activities include radon testing, migrant farm worker bilingual safety
training and education, assistance in drafting tribal environmental codes, a bibliography titled
"Environmental Justice: An Indian Country Guide," and environmental education. An exceptional grant
activity involves collaboration with HUD to design and build energy efficient houses incorporating
native design elements and construction materials for the Rosebud Reservation in South Dakota.
Regional staff also has developed a reference book for tribal and grass-roots organizations providing
information on EPA grants programs.
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Outreach, Training, and Internal EPA Development
Environmental Justice Applications (GIS model). The model was developed to
address the need to respond quickly to requests for site-specific information about
environmental justice concerns. The model is available on staff computers and permits a
quick identification of site demographics and mapping of other permitted facilities in the
area. The model displays maps depicting the site and the location of nearby permitted
facilities as well as demographic information on disproportionately exposed populations.
In addition, it creates a report listing demographic data and the names of permitted
facilities that are shown on the map. The model also is being used to research new
environmental justice issues and areas of concern. The model is also currently being
used by the Region VIE Superfund program to prioritize management of new sites.
Environmental Justice Deliberative Process for Involvement in Site Specific Cases.
The program was developed to identify factors that would highlight disproportionate
exposure issues with environmental justice considerations. A discussion sheet was
developed that sets out a deliberative process for staff and others to use to determine if
environmental justice program involvement is appropriate in site specific cases. The
decision process directs staff to consider demographics, disproportionate risk, access to
information, and comparable situations. While this deliberative process is not needed for
every environmental justice concern that is raised, it has become a valuable tool to
provide a consistent decision-making process and to assist other staff in thinking through
environmental justice issues.
Environmental Justice Search Conference. In April 1996, Region VIII hosted a
region-wide two-day meeting to develop an environmental justice strategic plan for
1996-1997. Approximately 45 people attended, including state, tribal, and grass-roots
representatives as well as managers and staff from the regional offices. A strategic plan
was adopted by the Region in the summer of 1996. A unique aspect of the plan is its
identification of activities for other programs within the regional offices to undertake in
implementing environmental justice goals.
REGION IX
BACKGROUND
The EPA Region IX Environmental Justice Team has a vision of empowered communities taking the lead
in designing and implementing the environmental decisions which impact them directly. Such
empowerment is based on vibrant cultural practices and values articulated at the community level, and
that environmental and governmental knowledge supports the community's efforts to direct the course of
their lives.
To support this vision, the region has identified the following goals:
Target EPA efforts in communities most at risk.
Integrate environmental justice across all EPA media programs.
Provide training, technical assistance and funding to develop communities'
capacities to become effective participants in making environmental decisions
that affect their lives.
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At all levels in EPA Region IX, from the senior management level to the staff level, there is a
commitment to listen and learn from the communities we serve in order to achieve environmental and
public health protection.
MAJOR INITIATIVES
Environmental Justice and Brownflelds Redevelopment
Environmental justice is an inherent and integral part of brownfields redevelopment. The Environmental
Justice Team, the Brownfields Team, as well as community groups, nonprofit organizations and private
sector entities are working together to ensure the institutionalization of environmental justice within
brownfields redevelopment programs and projects in the Region.
In FY97, an Environmental Justice Small Grant was awarded to a non-profit organization in San
Francisco called The Urban Habitat Program (a project of the Earth Island Institute) to support their
efforts to ensure that communities are effective players in the brownfields redevelopment projects in the
Region. Region IX is an active participant in the Bay Area Regional Brownfields Working Group (a
regional collaborative of community, public and private sector representatives) which works to develop
regionally sustainable and environmentally just strategies for brownfields redevelopment. In addition,
members of the Environmental Justice Team have moderated panels at the 1997 National Brownfields
Conference in Kansas City, as well as two regional brownfields workshops in San Francisco and
Richmond, California. The Team was a member of the Brownfields Advisory Board for the San
Francisco Regional Brownfield Pilot and provided presentations on environmental justice and
brownfields to the American Bar Association Annual Conference and at the University of California
Berkeley City and Regional Planning Department.
Environmental Justice Training
For the past two years, the Environmental Justice Team in Region IX has conducted a series of
environmental justice training sessions for EPA staff. The purpose of the environmental justice training
is to 1) raise awareness and knowledge of environmental justice issues, and 2) share insights and
approaches to incorporate environmental justice concepts into daily work. The environmental justice
training is designed to encourage participant interaction through lecture, interactive exercises, and
brainstorming sessions. Currently, the Region offers two types of environmental justice training. First, a
general regional wide environmental justice training course is offered monthly to discuss concepts,
theories, and applications, of environmental justice. Second, a divisional or media specific
environmental justice training course is conducted which focuses on strategic planning and
implementation of environmental justice in daily operations.
Funding for Environmental Justice Communities
From FY94 through FY97, the Region funded 57 environmental justice small grants totaling $1 million.
Some examples of funded projects include:
Lead poisoning education and outreach in San Francisco's Mission District
Emergency planning for citizens of West Oakland
Fund ongoing environmental safety education for Asian women immigrants in
the electronics industries
Train and certify farm workers as pesticide educators and environmental health
advocates
Set up a used oil recycling station on Hopi Land
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General Plan Project
Over the past two years, EPA, through the Environmental Justice Program Liaisons has presented
recommendations to two California cities (Los Angeles and Oakland) undergoing general plan revisions,
to encourage incorporation of environmental justice language into their revised plans. Los Angeles
incorporated many of the recommendations into their final plan. Oakland's plan is still in the draft stages
and is undergoing citizen review. EPA's Region IX senior staff recommended that the region expand its
efforts to supply city planners with information and recommendations by including such topics as
sustainability, pollution prevention, and public transit. A workgroup has been formed to research the
kinds of information currently available and to develop supplementary information on the integration of
environmental justice into the city planning process.
Grant Workshops conducted in Arizona, Los Angeles, San Diego and Oakland
The environmental justice team conducted a series of environmental justice grants workshops throughout
the Region to clarify the process involved in applying for an environmental justice small grant. Each
workshop was co-hosted by local community groups from the local areas in which they were presented:
South Tucson, Dont Waste Arizona, in Los Angeles, Concerned Citizens of South Central, Mothers of
East Los Angeles, and Communities for a Better Environment, in San Diego, Environmental Health
Coalition, and in Oakland, the African American Development Corporation and Asian Pacific
Environmental Network.
McFarland, California
Several residents of McFarland, California, a small and predominantly Latino community, petitioned
EPA in 1995 to conduct an environmental assessment due to ongoing health problems in the town. In
1984, a cluster of childhood cancers was identified in McFarland and confirmed by state and local heath
agencies. Past investigations (1984-1991), conducted by the California Department of Health Services,
with assistance from EPA, focused on determining a cause for the cancers but were inconclusive.
In reviewing past data, EPA found that insufficient air sampling was conducted to adequately assess the
air conditions, and drinking water was not analyzed for all pesticides used in the area. Therefore, EPA
has granted the petition's request for an investigation of the air, water, and soil. The investigation will
focus on the current environmental conditions in McFarland. The investigation will not focus on
determining the cause of the cancers, since conditions of the past cannot be reconstructed; however, EPA
will coordinate activities and share the results of the investigation with health agencies.
Phase One of the McFarland project plan has been completed. Members of the McFarland team have
interviewed residents and civic leaders in McFarland over the past five months to identify community
concerns and collect information for the Community Involvement Plan and sampling plans to ensure that
the current investigation is as comprehensive as possible. House visits have been very helpful in
establishing a connection with community groups, the residents and schools. Phase Two, the
investigation of environmental conditions, is now underway. The drinking water is the first media that
will be investigated. Drinking water wells will be sampled for over three hundred chemicals. Pesticide
Use Reports have been reviewed to determine the type and quantities of pesticides used in the McFarland
area to guide the sampling and analysis of the water. Drinking water wells and the storage tank used by
the community were sampled in July of 1997. In early 1998, sampling of drinking water taps in the
public schools, parks, and public buildings, as well as some residentials taps will be sampled. The active
drinking water wells and storage tank will be resampled again at this time. Fact sheets in English and
Spanish have been distributed to community members to describe EPA's proposed drinking water
sampling program. Open Houses/community meetings have been conducted to present the sampling
plans and answer questions raised by community members.
EPA currently is developing the sampling plans for air monitoring and soil investigations. The air
monitoring designs are being developed with input from EPA's Office of Research and Development and
60 Environmental Justice: Working Toward Solutions -August 1997
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the California Air Resources Board. Air monitoring currently is being planned to include sampling
during the fall and spring seasons to cover periods when pesticide use is at its peak Soil sampling
currently is planned for the summer of 1998.
New Team Members
Because EPA Region IX has made a commitment to bring people into the Agency with extensive
community experience, the Region recently expanded its environmental justice team by adding two
members. The new members came to the Agency from the Urban Habitat Program and the three Circles
Center for Multicultural Environmental Education, organizations that have a strong focus on
environmental justice issues and communities. The unique perspectives of the new members will help
Region IX not only institutionalize environmental justice within the region, but also assist with work
currently being conducted with grassroots environmental justice organizations.
Outreach to Communities and Environmental Justice Presentations
Region IX conducted a series of outreach meetings with community based organizations and conducted
presentations on environmental justice at various conferences and forums. The outreach meetings were
designed to assess environmental justice concerns, to develop viable strategies to address those concerns,
and to foster strong working relationships. The outreach meetings were conducted in Los Angeles, San
Diego, the San Francisco Bay Area, and South Phoenix. The groups met with include the Environmental
Health Coalition, the Asian Pacific Environmental Network, Communities for a Better Environment,
Don't Waste Arizona, the Arizona Environmental Justice Advisory Council, Mothers of East Los
Angeles, the First African Episcopal Methodist Church of Los Angeles, the Community Coalition for
Change and the Southwest Network for Environmental and Economic Justice.
In addition, the Region has participated in various conferences and forums to communicate the
importance of environmental justice. Conferences and forums attended include the "Federal Facilities
Conference", the "American Bar Association Annual Conference", the "Association of Environmental
Professionals", the "International Right of Way Association", the "American Association for the
Advancement of Science", the "Upward Bound Program", and the "Second Annual Youth Leadership
Summit".
Program Specific Environmental Justice Strategies
To fully integrate environmental justice considerations to work done by Region IX, each of the Divisions
and Offices has developed an environmental justice strategy. The strategies provide staff with guidance
on how to implement environmental justice into day to day activities of the Region. Strategies have been
developed for the Air Division, Water Division, Cross Media Division, Superfund Division, Waste
Management Division, Office of Government and Community Relations, Office of Strategic Planning
and Emerging Issues and the Policy and Management Division. Each strategy covers the main activities
of the various programs from an environmental justice perspective such as planning and targeting,
enforcement, permitting, training, grants, and policy issues.
RCRA 's Work on Title VI Complaints
EPA is investigating two Title VI complaints involving RCRA facilities in California. Investigators
include EPA Title VI Task Force attorneys and technical staff from Region IX. The complaints allege
discriminatory impact in the permit actions taken by the Department of Toxic Substances Control
(DTSC): one complaint addresses three hazardous waste landfills and the other complaint addresses a
hazardous waste storage and recycling facility. All four facilities are near Latino communities. Since
January 1997, the Task Force and Regional staff have made progress on the complaints. EPA obtained
preliminary demographic data to be used in determining whether hazardous waste facilities are located in
predominantly Latino communities. Region IX has reviewed environmental and health assessment
documents such as Environmental Impact Reports, health risk assessments, and epidemiological studies
Environmental Justice: Working Toward Solutions -August 1997 61
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to determine what adverse health effects or other effects may result from the facilities. In addition, EPA
conducted site visits and community interviews to gather specific information on the alleged adverse
impacts due to the facilities. After performing additional file reviews and speaking with representatives
from DTSC and other state and local agencies about the allegations, EPA will prepare preliminary
findings regarding the allegations.
Regional Assessment Project
The Region's GIS assessment involves the processing and mapping of census (demographic) and
environmental data in order to identify communities in the Region where EPA resources should be
targeted. To date, all of the census data are processed and mapped, and a portion of the environmental
data has been updated and is available for analysis/mapping. The Region has decided to refocus its effort
to map all data for the entire Region and will instead pursue efforts at more targeted analyses focusing on
smaller geographic areas and within single media programs. In the coming year, the environmental
justice program will encourage the media divisions to make effective use of the available demographic
data in order to identify areas of environmental justice focus within their programs, and will continue
meeting with and gathering input from key environmental justice stakeholders about regional
communities that need additional focus from EPA.
Ward Valley, California
EPA is working with the Bureau of Land Management (BLM) and the Colorado River Native Nations
Alliance to address issues raised by the siting of a low level radiation disposal facility in Ward Valley,
California. The Fort Mojave, Chemehuevi, Colorado River, Quechan, and the Cocopah are concerned
about the facility's impact on their cultural and religious practices as well as the potential environmental
impacts. EPA has met with the tribes and facilitated discussions with the tribes and BLM. In May of
1997, the National Environmental Justice Advisory Council (NEJAC) passed a resolution requesting
EPA to take an active role in working with BLM.
BLM, the lead agency, is drafting a Supplemental Environmental Statement which will examine both the
ecological and environmental justice issues. Under the Environmental Justice Executive Order 12898,
Section 309 of the Clean Air Act and our federal trust responsibilities, EPA is playing a constructive role
in helping to ensure all issues are evaluated and government to government consultation is established
with the tribes. The Region's Office of Federal Activities, the Environmental Justice and Tribal
programs will provide input to BLM on the Supplemental Environmental Impact Statement including the
environmental justice analysis. The Ward Valley issue is an example of EPA cross media collaboration
and interagency cooperation on environmental justice.
Watsonville, California Rural Environmental Justice Pilot Project
As a community-based project, participation by residents and community groups living in Watsonville,
California is crucial to the success of the pilot project. Furthermore, the involvement of other regulatory
agencies is critical to help identify and implement environmental solutions. The Watsonville pilot
project team has met with several community and regulatory representatives to discuss current issues in
Watsonville. These representatives include: City and County staff, farm worker advocate groups,
housing advocate groups, and environmental groups.
To achieve the goal of bringing all stakeholders together, the Watsonville pilot project team has been
working with community and regulatory representatives and various Regional EPA program staff (for
example, water, air, and pesticide specialists) to prioritize issues and develop preliminary
recommendations based on available information. The project team also has enlisted the participation of
state and local counterparts to attain a better understanding of the studies and projects on issues that may
already have been conducted.
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Issues raised during discussions between the Watsonville pilot project team and community and
regulatory representatives, include concerns about drinking water, indoor air, farmworker conditions,
and housing. Further discussions were held to determine the extent to which issues raised should be of
concern to the community. Air and water issues, in particular, were identified as non-significant. Based
on the discussions, the project team has decided to focus on two key issues facing the Watsonville
community: Farm worker safety and housing.
The strategy of the Watsonville pilot project team has been to act as a facilitator as stakeholders are
brought together to work toward solutions to issues facing Watsonville. The project team already has
held meetings with local stakeholders (State, County, City and community representatives) to discuss
farm worker occupational issues. These meetings have served as an opportunity to exchange information
on the various projects being conducted in the Watsonville/Pajaro area.
The Watsonville pilot project team recently convened an interagency meeting with the HUD to discuss
housing issues in Watsonville. As personnel within EPA, which has an environmental mandate, the
project team recognizes its limited experience concerning housing issues, and is relying heavily on the
expertise of others brought to the meeting. The project team also invited several agencies which deal
specifically with housing issues, including the County Housing Authority and City housing staff. The
project team also is looking to community members to share knowledge and experience that has proven
invaluable at previous meetings.
As a follow-up to these meetings, the Watsonville pilot project team is planning further meetings with
other stakeholders to identify actual solutions to issues of concern. For example, the project team will
work with the U.S. Department of Agriculture's (USDA) Rural Development office, the Rural
Community Assistance Corporation, and local planning entities to address housing needs in Watsonville.
The project team also will continue to work with the California Occupational Safety and Health
Administration (Cal-OSHA) and other regulators in regards to farm worker safety issues.
West Oakland Urban Environmental Justice Pilot Project
EPA currently is investigating a full range of environmental and related issues affecting the West
Oakland community through the new urban environmental justice pilot project. In partnership with
residents, local and state government agencies, and other parties, EPA is working to identify and
prioritize the issues and develop a strategy to solve them. Major issues of concern are contaminated soil
and ground water, air quality and lead, in conjunction with local planning and zoning issues, lack of
communication, and health concerns.
In compliance with information-gathering and community-networking goals, EPA facilitated focus group
meetings to attain the community's perspective on environmental issues. A wide variety of issues were
raised in these meetings, including concerns regarding zoning, contamination from past and present
industrial activities, truck traffic, and perceived impacts of the new Cypress freeway construction. In
addition, a Comprehensive Environmental Response, Compensation, and Liability Information System
(CERCLIS) records search was conducted to assist the City of Oakland's Community Building Teams
(CBT) efforts to avoid siting grassroots vacant lot beautification projects on contaminated areas.
In October 1996, EPA became involved in an environmental task force, which was established after vinyl
chloride contamination was found in an industrial property adjacent to residential property. Comprised
of residents, regulators, and other environmental health professionals, the task force meets monthly in an
attempt to give a more coordinated response to community concerns and consequently, to develop a long-
term collaborative strategy for addressing environmental concerns in West Oakland.
In April 1997, in coordination with the Bay Area Air Quality Management District, the Port of Oakland
placed two air monitors to collect data on particulate (PM-10 and PM-2.5) issues raised by the
community in regards to truck traffic.
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In May 1997, the Chester Street Block Club association of the South Prescott neighborhood in West
Oakland, filed a Title VI Complaint against the California Department of Transportation and the
California Department of Toxic Substance Control in response to concerns related to the Cypress
Freeway construction. If accepted, this complaint will be reviewed by EPA headquarters in coordination
with the U.S. Department of Transportation (DOT).
In June 1997, the regulators and other participating agencies met to discuss the need for a more proactive
approach to community involvement and environmental management. The group also will meet monthly
to develop a coordinated environmental management strategy that maybe used in other communities.
REGION X
BACKGROUND
In addition to the regional Environmental Justice Coordinator, a senior staff member is responsible for
managing the regional environmental justice program and program/project Environmental Justice
Coordinators are assigned to specific projects. The region also established an Environmental Justice
Core Group in 1994. This group includes representatives from all divisions and serves as an advisory
board to the region, providing guidance on a variety of issues, such as environmental justice
coordination, policy issues, grants, and training.
MAJOR INITIA TIVES
The Region continues to develop and encourage program offices to use specific tools (for example,
Superfund demographic fact sheets) to ensure that information more effectively reaches environmental
justice target communities. Data on a number of facilities in communities of color and a broad range of
demographic data were provided to make outreach more inclusive. This type of outreach training effort
is focused on EPA staff gaining a more complete and comprehensive understanding of the community,
increasing interactions and communication with Environmental Justice populations and, changing how
EPA conducts outreach and interact with communities.
Enforcement Efforts
Environmental justice is a factor in multi-media targeting. Early in FY97, the Region X Environmental
Justice Office presented an environmental justice training module on "Environmental Justice and
Enforcement," and a module on Title VI.
Environmental Justice Interagency Collaborations
Region X has worked with tribal governments, the Corps of Engineers, Washington State Department of
Ecology, several county agencies and the City of Seattle to deliver environmental justice education. A
primary goal for FY97 is to increase other federal agencies understanding of environmental justice to
spur the inclusion of Environmental Justice principles in their activities. This will be accomplished by
developing training modules designed specifically to meet the agencies' needs and that provides critical
environmental justice information. Staff from other government agencies also attended Environmental
Justice Education & Awareness sessions conducted for the EPA audience.
Grant to the Odessa Brown Children's Clinic Asthma Management Support Center, Seattle,
Washington
Assistance and grant support was made for asthma/indoor air outreach and education, and medical
intervention in Seattle's Central Area, a predominantly low-income minority community, with the highest
asthma incidence and hospitalization rate in Western Washington. The grant, funded by the Air Program,
is an example of the increased number of collaborative efforts with health professionals working with
64 Environmental Justice: Working Toward Solutions -August 1997
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environmental justice communities. The project is part of a nationwide study in seven cities around the
country to further evaluate the effectiveness of coordinated care and environmental interventions in
reducing asthma morbidity among inner city children. As a result of this support, progress is being made
toward achieving the expected outcome of increased awareness and competence in asthma management
in 15 pediatric and family practices in Washington State. Implementation of specific asthma
management strategies in these practices, evaluation of practice efforts, geo-coded maps with
corresponding reports identifying areas with a high density of asthmatics will facilitate the design of an
optimal intervention strategy.
Outreach Efforts to Environmental Justice Communities
The Regional Environmental Justice Office and designated environmental justice contacts in the media
program offices conducted outreach to v communities. In a 4 month period, the Environmental Justice
Office had over 151 interactions with Environmental Justice community groups/nonprofits and tribal
representatives to provide technical and policy advice, exchange information, and to increase
education/awareness on environmental justice.
Based on data gaps identified by Environmental Justice communities, the regional office completed
analytical work, facilitated community meetings or other actions as identified by the communities. For
example, the Environmental Justice Office facilitated two Environmental Justice community group
meetings and completed the Alaska Military Sites project at the request of community groups. The
Region's facilitation of an environmental justice meeting reflects on the positive working relationship it
has established with Environmental Justice community groups.
Public Participation, Accountability, Partnerships, Outreach and Communication with Stakeholders
Preparation of demographic information for Superfund Sites in Idaho, Oregon and Washington continues.
The Region X Environmental Justice Office obtained demographic information for superfund sites. The
one page per site sheets provide site managers with information on population density, race, ethnicity,
income, number of non-English speaking residents and percentages of residents speaking languages other
than English. With the demographic data, site managers are able to better design communication
activities, improve residents' involvement, and acquire a better understanding of the population diversity
in Region X.
Site specific demographic information was identified as a need by the Superfund program and was well
received in the Region. Responding to an identified need increased the likelihood that the product will
be utilized. One of the primary environmental justice goals is to make environmental justice principles
an integral part of all regional activities. To achieve this goal, it would be beneficial to involve EPA staff
to identify needs and develop tools tailored to these issues.
Environmental Justice: Working Toward Solutions -August 1997 65
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APPENDIX I EPA NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
SUBCOMMITTEE MEMBERSHIP
1997-1998
STAKEHOLDER BREAKDOWN
AC = Academia
*Denotes NEJAC Council Member
CG = Community Group
NEJAC Chair
SL = State/Local Govt.
EV = Environmental Group
TR = Tribal IN = Industry
NG = Nongovernmental Organization
Enforcement Subcommittee -
SL Lillian Mood, R.N. (3)
SL Arthur Ray* (1), Chair
AC Gerald Torres* (3)
EV David Harris (3)
IN Leslie Beckoff * (2 )
AC Grover Hankins* (1)
CG Peggy M. Shepard (1)
CG Rita Harris (3)
NG Lamont Byrd (2)
NG Luke Cole* (2)
NG Richard T. Drury (2)
-11 members (6 NEJAC)
South Carolina Dept. of Health
Maryland Department of the Environment
University of Texas School of Law
Land Loss Prevention Project
Conoco Inc./DuPont
Texas Southern University
West Harlem Env. Action, Inc.
Mid-South Peace & Justice Center
Teamsters
CA Rural Legal Assistance Foundation
Communities for a Better Environ.
Health and Research Subcommittee -
AC Douglas M. Brugge (1 )
CG Margaret Williams * (2)
AC Marinelle Payton (2 )
AC Mary English* (1), Chair
EV Carlos Porras (3)
SL Michael J. DiBartolomeis (3)
IN Eugene M. Peters (3)
NG Andrew McBride (1)
SL Rosa Franklin * (2)
NG PenS. Loh(1)
TR Don Aragon* (3)
SL R. Lewis Shaw* (3)
- 12 members (5 NEJAC)
Tufts School of Medicine
Citizens Against Toxic Exposure
Harvard Medical School
University of Tennessee
Communities for a Cleaner Environment
California EPA
Clean Sites, Inc.
Connecticut Lead Center
Washington State Senate
Alternatives for Comm. & Environ.
Shoshone and Northern Arapaho Tribes
South Carolina Dept. of Health and
and Environmental Control
Indigenous Peoples -- 9 members
TR James D. Hill * (2), Chair
TR Charles Stringer (1)
AC Richard Monette (1)
IN Astel Cavanaugh (1)
AC George Godfrey (3)
NG Sarah James (3), Elder
SL Brad Hamilton (3)
TR Dwayne Beavers (2)
TR Christine Benally* (1)
( 2 NEJAC)
Klamath Tribe
White Mountain Apache
Univ. Of Wisconsin
Sioux Manufacturing Corp.
Haskell Nations University
Gwich'in Steering Committee
State of Kansas
Cherokee Nation
Sanostee Chapter of the Navaho Nation
International ~8 members (2 NEJAC)
NG Janet Phoenix (2)
NG Baldemar Velasquez* (1) Chair
SL Beth Hailstock (3)
IN ClydiaCuykendall(3)
AC Maria del Carmen Libran (3)
CG Mildred McClain (1)
TR Bill Simmons (1)
EV Arnoldo Garcia * (2)
National Safety Council
Farm Labor Organizing Committee
Cincinnati Health Department
Star Enterprise (Texaco)
University of Puerto Rico-Mayaguez
Citizens for Environmental Justice
International Indian Treaty Council
Earth Island Institute
Public Participation and Accountability 9 members (4 NEJAC)
NG Frank Coss(1)
EV Munir Meghjee (2)
CG Delbert Dubois (3)
AC Robert Holmes (3)
SL Annabelle Jaramillo*
IN Lawrence Hurst* (1)
NG Haywood Turrentine'
TR Mamie Rupnicki (3)
CG Rosa Hilda Ramos*
COTICAM (Puerto Rico)
Earthjustice Legal Defense Fund
Four Mile Hibberian Community
Association, Inc.
Clark Atlanta University
(3) Office of the Governor, State of Oregon
Motorola, Inc.
*(1) Laborers Education Training Trust Fund
Prairie Band of Potawatomi Tribe, Kansas
(2) Community of Cantano Against Pollution
Waste and Facility Siting Subcommittee 14 members (7 NEJAC)
CG DollieBurwell*(1)
SL Lillian Kawasaki * (1)
IN Sue Briggum * (2)
NG Mathy Stanislaus (2)
NG Charles Lee* (1) (Chair)
NG Connie Tucker (1)
EV Ricardo Soto-Lopez (2)
IN Gerald R. Prout * (2)
AC Michael K. Holmes (3)
EV Jean Belille* (3)
EV Vernice Miller (3)
EV Damon Whitehead* (3)
NG Brenda Lee Richardson (3)
CG Cynthia Jennings (3)
Warren County Concerned Citizens
Los Angeles Department of Environment
WMX
Environmental-Sciences/Minority
Environmental Lawyers Association
UC of Christ Commission for Racial
Justice
Southern Organizing Committee
Puerto Rico-Northeast EJ Network
FMC Corporation
St. Louis Community College
Western Communities Program
Natural Resources Defense Council
Earthjustice Legal Defense Fund
Women Like Us
ONE/CHANE
(1) - Term expires 7/31/1998
(2) - Term expires 7/31/1999
(3) - Term expires 12/31/2000
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
The National Environmental Justice Advisory Council (NEJAC) was initially chartered September 30,1993,
with the express purpose of advising the EPA Administrator of environmental problems which occurred in
communities either disadvantaged or racially under-represented, or both, and which have been sited for an
inordinate number of potential polluting sources.
Over the past four years the NEJAC, which includes the six subcommittees as well as the executive council,
has held 51 official meetings at eight sites; and numerous conference calls and working sessions for purposes
of collecting information about a variety of specific events. Please refer to the information which follows
for a description of the purpose of each subcommittee along with highlights of each one's major activities.
Executive Council - consists of 25 individuals selected so as to represent the seven major stakeholder
categories: academia, community organizations, industry, state/local governments, tribal governments, non-
government organizations, and environmental organizations. The Executive Council convenes to review
resolutions prepared in subcommittee and to hear public comments during the Public Comment Period held
during each meeting, normally two nights for at least two hours each night.
ENFORCEMENT SUBCOMMITTEE
ACTIVITIES
Provides recommendations to the Agency for
promoting environmental justice in the programs
through policies and activities of the Office of
Enforcement and Compliance Assurance. A primary
focus of this subcommittee is relationships at the
federal, state, local and tribal levels. A list of the
activities follows.
Developed documents on the following subjects:
Issued statement of purpose that enhances the
NEJAC purpose statement and incorporates
enforcement-specific concepts and action items.
(August 1994)
Issued work plan for providing recommendations
to the Office of Enforcement and Compliance
Assurance (OECA) regarding integration of
environmental justice into its programs, policies
and activities. (August 1994)
Issued initial draft report of the Enforcement
Subcommittee providing general recommendations
in four major areas:
(1) direct federal enforcement, (2) direct state
enforcement, (3) tribal/indigenous enforcement, (4)
community enforcement and (5) workforce
diversity. (December 1994)
Provided comments on the enforcement and
compliance section of the EPA's Draft
Environmental Justice Strategy.
Issued second draft report of the Enforcement
Subcommittee expanding the Initial Draft Report
and providing recommendations including an in-
depth analysis of OECA office-specific
enforcement and compliance workplans.
Issued final draft report of the Enforcement
Subcommittee and submitted to the NEJAC.
(November 1995)
Issued final report, "Achieving Environmental
Protection: Compliance, Enforcement and
Environmental Justice" to EPA.
Prepared draft memorandum to EPA on
"Integrating Environmental Justice into EPA
Permitting Authority."
Prepared draft resolutions forwarded to the full
NEJAC for vote. These included
recommendations in the following areas:
Establishment of labor representation
on the NEJAC,
Request for Presidential endorsement of
Basel Convention authorizing
legislation,
Request for EPA action on Title VI of
the 1964 Civil Rights Act,
Request that EPA refrain from doing
business with contractors engaged in
labor disputes,
Request that EPA undertake a
comprehensive survey of its existing
statutory and regulatory authority to
promote environmental justice under
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each of the specific environmental
pollution control laws, and
Request that EPA give due
consideration of the effect of its air
emissions trading program on
communities of color and low-income
communities.
Request that EPA prioritize
enforcement and compliance targeting
for environmental justice communities,
Request that EPA coordinate the
Integrated Data for Enforcement
Actions (IDEA) system with other data
bases and prioritize community access
and use of these integrated systems.
Sponsored key activities:
Enforcement and Compliance Roundtable held in
EPA Region VI in San Antonio, Texas. This event
also featured community training on enforcement
and compliance and an environmental justice site
tour.
Initiated planning process for a second
enforcement and compliance roundtable in EPA
Region IV.
Initiated briefing on IDEA system by OECA staff
and recommended that this and other data bases be
integrated to prioritize community accesses to and
use of these integrated systems.
Provided review, comment and recommendations on
the following materials:
Enforcement-related recommendations from the
"Health Research and Needs to Ensure
Environmental Justice" conference held in
February 1994.
OECA Potential EJ Projects List or matrix of
potential projects reflecting plans for activities
from each OECA office.
OECA "Partners in Protection" draft concept paper
on enhancing public participation in enforcement
and compliance assurance activities.
Provided recommendations to the full NEJAC on
community issues raised during public comment
periods.
Formed ad hoc workgroups on issues including:
Nuclear permitting and NEPA - Homer, LA,
Community involvement in enforcement - San
Juan, PR,
Federal interagency coordination - Carver Terrace,
TX,
International waste trade and EPA PCB rule,
Pesticides on Native American lands - California
Basketweavers TSCA petition,
Environmental enforcement/transborder issues -
New River TSCA petition,
Illegal waste imports - South Africa provinces.
Created Enforcement Subcommittee Workgroups for
in-depth analysis of the environmental justice issues
related to the following activities:
Worker Protection, Open Market Trading of Air
Emissions Credits, Permitting Process, and Policy on
Supplemental Environmental Projects
HEALTH AND RESEARCH SUBCOMMITTEE
Develops recommendations to the Agency and
especially for the Offices of Research and
Development, and Prevention, Pesticides, and Toxic
Substances for implementing environment justice
throughout the Agency's research activities and on
relationships with other federal agencies involved in
monitoring the public's health. The subcommittee
accomplished the following list of activities.
Definition of Environmental Justice Research. The
Subcommittee began discussion of the definition
and carried it over to the following meeting at
Dulles, VA, October 25, 1994.
The Subcommittee discussed and endorsed the
executive summary on "Health Research and
Needs to Ensure Environmental Justice" ensuing
from the Health Research and Needs to Ensure
Environmental Justice Symposium, and passed a
motion to send the document to the interagency
Working Group on Environmental Justice, all
federal agencies and the PCSD.
The Subcommittee began discussion of the EPA
Environmental Justice Strategy section on health
and research.
Identification of major research areas important to
environmental justice were cumulative risk,
exposure, and pollution prevention.
The Subcommittee discussed and provided
comments on the EPA Office of Research and
Development (ORD) draft Environmental Justice
Research Strategy.
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Discussion of the Interagency Working Group on
Environmental Justice Task force on Research and
Health meeting led to the following resolution to
the NE JAC: The NEJAC should be invited by the
IWG to provide guidance on a meeting of federal
agency science managers.
The Subcommittee provided comments and
suggestions for the following sections of the EPA
EJ Strategic Plan: Health and Environmental
Research; Data Collection, Analysis, and Access;
and Integrate Environmental Justice.
A definition of environmental justice research was
proposed and accepted.
"Research that includes disproportionately affected
populations such as low-income and people of color
as co-partners in hypothesis testing and research
design to discover causes and consequences of
environmental disparities and develop, revise and
evaluate measures, criteria and participatory
methods to improve environmental regulation and
policy responses which protect human health and
eliminates environmental health disparities"
community driven risk and impact assessments, as
an essential component of wise and just
environmental decisions.
NEJAC resolves that there is a need to
coordinate research addressing environmental
justice across agencies of the federal
government and support the Interagency
Working Group on EJ (IWG) Committee on
Research and Health in its call to hold a
senior science manager meeting using the
model for stakeholder participation.
NEJAC resolves that the NEJAC
Subcommittee on Health and Research
engage the IWG Task Force on Research and
Health through the HHS Environmental
Health Policy Committee, instructing the
DFOs and chairs to coordinate agendas.
NEJAC resolves that Dr. Bullard,
Chairperson of the Subcommittee on Health
and Research, and his designee from the
subcommittee be included as formal peer
reviewers of OPPE's Cumulative Risk
Assessment document, entitled Cumulative
Risk and Environmental Justice.
The subcommittee reviewed various EPA policies and
recommended the following actions be taken:
change the way efforts under the Research Act are
carried out
change policy regarding the design of requests for
proposals
define community-driven research
develop an assessment tool for cumulative risk
develop research protocols that use an interagency
model
The Subcommittee recommended a coordinated effort
with the advisory council of Health and Human Services
(HHS) to consider environmental occupational health
issues of migrant workers.
The following resolutions were submitted to the
NEJAC for approval:
NEJAC resolves that EPA should be applauded for
speaking against the use of risk assessment and
cost/benefit analysis as the sole criterion to
evaluate the merit of environmental laws and
regulations. However, we also urge EPA to
consider the well recognized and well-documented
limitations of quantitative risk assessment and
cost/benefit analysis as decision making tools.
Furthermore, we urge EPA to promote the use of
NEJAC resolves that EPA reserve judgement
on the recommendations of the HUD Lead
Report "Controlling Lead Hazards in the
Nation's Housing" until issues raised by the
minority dissenting opinion, and other
reservations expressed by task force members
are addressed and a response forwarded to
the NEJAC. We ask that the Administrator
assign this function to the appropriate office
or review board.
NEJAC resolves that EPA, in its
promulgation of the final regulations on
regulating munitions wastes fully consider its
environmental justice impact, especially as it
concerns health and safety issues.
INDIGENOUS PEOPLES SUBCOMMITTEE
Assists EPA in addressing grassroots environmental
concerns of American Indians, Alaskan Natives,
Native Hawaiians and other indigenous groups which
may have problems resulting from remote location of
communities to historical decisions resulting from
treaties. The subcommittee does not include
responsibility for government-to-government
operations which is the jurisdiction of EPA's
American Indian Environmental Office.
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Request that OEJ, in conjunction with AIEO,
develop guidance describing the relationship
between tribal operations and environmental
justice issues related to Native Americans with
input from EPA's Tribal Operations Committee
and the Indigenous Peoples Subcommittee
Draft a paper on how EPA can assume permitting
authority and issue site-specific regulations in
Indian country under RCRA Subtitle D for solid
waste management facilities.
Draft a paper on how EPA can assume permitting
authority and issue site-specific regulations in
Indian country under RCRA Subtitle D for solid
waste management facilities.
Recommends that EPA's budget for building the
capacity of Indian Tribes be increased and
sustained until all tribes have available to them
sufficient resources and expertise.
Request that NEJAC recommend to the
Administrator of EPA thatWard Valley, California
should be declared a low-level radioactive facility
siting as an environmental justice issue and that a
meeting be scheduled immediately between senior
level federal officials from affected agencies (i.e.,
DO I, EPA, CEQ) and tribal representatives.
INTERNATIONAL SUBCOMMITTEE
Deals with EPA's environmental policies and
practices as they may have adverse impacts on people
of color and low income communities along the U.S.
borders and in countries receiving shipments from
the U.S. Issues may include export of
toxic/hazardous wastes, testing or storing of
radioactive materials, and operations of multi-
national corporations in countries not recognized by
the OECD, usually developing countries lacking in
environmental laws.
Bee ause this subcommittee is breaking new ground
in the area of environmental justice and because it
is has only been in existence one year, it does not
have a significant number of accomplishments to
report.
Drafted several resolutions for consideration by
Administrator Browner concerning public
participation issues related to the meeting of the
Border Environmental Cooperation Commission
and requested Administrator Browner to forward
the NEJAC's concerns to Secretary Carabias of
Mexico.
PUBLIC PARTICIPATION &
ACCOUNTABILITY SUBCOMMITTEE
Provides recommendations to ensure that EPA holds
public meetings, produces materials that reflect the
public at large, and remains sensitive to various
cultural values and community traditions in issue
policy documents and proposed rules of regulations.
The NEJAC Public Participation and Accountability
Subcommittee is composed of eight members,
representing five different stakeholder groups. The
Subcommittee met three times in 1996 and held
additional conference calls when an issue was necessary
for discussion. The purpose of the Subcommittee:
To improve the public participation process and
accountability for all Federal agencies
To make recommendations forpublic participation
and accountability for all subcommittees of the
NEJAC
To establish definitions of public participation and
accountability that include access to information,
education and community economic development
To coordinate with indigenous, tribal, local
international organizations, institutions, and other
under-represented groups on public participation
principles. These principles should reflect cultural
values and community traditions
Environmental Justice: Working Toward Solutions - August 1997
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Accomplishments in 1996:
The Model Plan for Public Participation. Members
of the subcommittee made revisions in the Model Plan,
including:
identifying types of stakeholders
enhancing the format of the document
enclosing a public participation checklist
developed by the Interagency Working Group on
Environmental Justice for use by federal and state
agencies
enclosing the Core Values for the Practice of
Public Participation developed by Interact: The
Journal of Public Participation
preparing a cover letter from the Chairman of the
NEJAC.
Based on the review of the Model Plan at a meeting of
the subcommittee in September 1996, the members
approved duplicating the final document. Additional
accomplishments related to the Model Plan include:
Distributed the model plan to every member of the
NEJAC, as well as otherparticipants at the NEJAC
meeting in December 1996
Placed a copy of the model plan on the NEJAC's
Home Page on the World Wide Web
Tested the effectiveness of the model plan during
the preparations for the Enforcement Roundtable
meeting held in San Antonio, Texas in October
1996 and the December meeting of the NEJAC
Improved NEJAC's interaction with communities.
Members of the subcommittee took an active role in
improving NE JAC' s interaction in communities in which
meetings were held. Specific accomplishments include:
Participated in the preparations for the bus tour
conducted in Detroit, Michigan during the NEJAC
meeting, as well as the bus tour itself
Participated in preparations for the Enforcement
Roundtable meeting held in San Antonio, Texas in
October 1996
Met with representatives of local community
organizations in Baltimore, Maryland to begin
preparing for the NEJAC meeting in December
1996
Recommended to NEJAC's Protocol Committee
that: (1) bus tours be scheduled mid-day to
increase participation by members of the NEJAC
and to provide the members with a better point of
reference and understanding for the public
comment periods; (2) all members of the NEJAC
should participate in the bus tours; and (3) public
comment periods be scheduled at mid-day and in
the evening to make it more convenient for the
community members.
WASTE & FACILITY SITING
SUBCOMMITTEE
Provides recommendations to the Agency and
especially to the Office of Solid Waste and
Emergency Response on its environmental justice
policies, strategies and activities as they relate to
Superfund sites, as well as the siting and permitting
of waste disposal facilities, public health issues and
urban revitalization and the cleanup of Brownfields
sites.
Economic Redevelopment Working Group:
The working group began meeting again via conference
calls. The working group has invited the participation of
representatives from outside stakeholder groups (e.g.,
Detroiters for Environmental Justice, Urban Habitat, and
the Keystone Center) in an effort to build comprehensive
stakeholder partnerships for urban revitalization and
Brownfields.
The NEJAC Waste and Facility Siting Subcommittee's
report "Environmental Justice, Urban Revitalization, and
Brownfields: The Search for Authentic Signs of Hope"
was completed following the May 1996 NEJAC
meeting. The report has been printed and distributed.
More than 400 copies of the full report were distributed
to participants atthe December 1996 NEJAC meeting or
mailed to individuals who requested copies. The report
is also available electronically on the NEJAC homepage
and the OSWER Brownfields homepage.
Siting Working Group:
The working group reviewed the Draft siting guidance
entitled, "Sensitive Environments and the Siting of
Hazardous Waste Management Facilities," developed by
EPA's Office of Solid Waste (OSW) and made
comments requesting revisions to the document. Those
comments were considered in the revised document. The
working group will be developing guiding principles of
environmental justice which should be considered with
respect to siting decisions. These principles will be
incorporated into an addendum to the siting document to
be developed by OSW with recommendations from the
Waste and Facility Siting Subcommittee. The guidance
brochure, "Sensitive Environments and the Siting of
Hazardous Waste Management Facilities," has been
Environmental Justice: Working Toward Solutions - August 1997
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printed and will be available at the May 1997 NEJAC
meeting.
Community Access to LandView II:
The Subcommittee has promoted the idea of broad
availability of the LandView II software and database to
EPA. LandView II continues to be available through
RTKNet. The Subcommittee asked EPA to provide
complete sets of LandView II to each NEJAC
subcommittee chair to enhance availability to the
NEJAC and its member's constituents. As a result of the
Subcommittee's efforts EPA has begun to provide
demonstrations of the system at many of the Agency's
public meetings, especially those related to
environmental justice and brownfields redevelopment.
Native American Issues:
The Waste and Facility Siting Subcommittee and the
Indigenous Subcommittee formed a working group to
explore issues and opportunities for cooperative efforts.
Because of the resignation of the Indigenous
Subcommittee's Chair, these efforts have been delayed.
The Office of Solid Waste and Emergency Response has
been working with the Subcommittee to develop a Tribal
Issues Roundtable which will be held in the summer of
1997.
Cooperative Working Interactions
Subcommittee Members and EPA:
between
Members of the Subcommittee have continued to work
cooperatively with EPA staff through their various
stakeholder affiliations. In addition to working with
Headquarters offices on siting, relocation and
brownfields issues, the members have been invited to
make formal and informal presentations at Regional and
Headquarters office and at public fora throughout the
country. Several Subcommittee members have
participated in EPA focus groups formed to gather input
into the development of a Brownfields National
Partnership Action Agenda. The Subcommittee Chair
made a presentation to the federal Interagency Working
Group on Environmental Justice on the findings of the
Public Dialogues on Brownfields and Urban
Revitalization. The subcommittee is developing
recommendations which may be included in the
Brownfields National Partnership Action Agenda.
This concludes the activities accomplished by the National Environmental Justice Advisory Council. Many
of the events for which the NEJAC has recommended that the EPA Administrator take action have
successfully changed, modified or prevented public impacts which would have been detrimental to one or
more communities. The receipt of public comments during each NEJAC meeting is the key to "open" and
honest consideration of many opinions which may or may not support current government decisions. The
fact that EPA is open to hearing these varying opinions makes it one of the unique federal agencies. It is
essential that the NEJAC continue to function in order to meet the current efforts by the government to
provide forums for public access and comment.
Environmental Justice: Working Toward Solutions - August 1997
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APPENDIXII - ACRONYMS USED IN THIS REPORT
ABA American Bar Association
ADEM Alabama Department of Environmental Management
ALA American Lung Association
APTMD Air, Pesticides, and Toxics Management Division
ATSDR Agency for Toxic Substances and Disease Registry
CAA Clean Air Act
CAC Community Advisory Committee
CAFO Concentrated Animal Feeding Operations
CBEP Community-Based Environmental Program
CBPH Committee for Boston Public Housing
CBPO Community-Based Protection Office
CBT Community Building Teams
CDCP Centers for Disease Control and Prevention
CEQ The White House Council on Environmental Quality
CERCLA Comprehensive Environmental Response, Compensation, and
Liability Act
CUP Community/University Partnership
DEC Department of Environmental Conservation
DEP Department of Environmental Protection
DOC U.S. Department of Commerce
DOD U.S. Department of Defense
DOE U.S. Department of Energy
DOH Department of Health (state level)
DOI U.S. Department of Interior
DOJ U.S. Department of Justice
DOL U.S. Department of Labor
DOS Department of Sanitation (state level)
DOT U.S. Department of Transportation
EAD Environmental Accountability Division
EAn Environmental Analysis
EIP Eco-Industrial Park
EIS Environmental Impact Statement
EIT Environmental Implementation Team
EJ Environmental Justice
EJC Environmental Justice Coordinator
EJ/CL Environmental Justice/Community Liaison
ENACT Eastern Nebraskans Against Chemical Trespass
EPA U.S. Environmental Protection Agency
ETC Escambia Treating Company
EZ/EC Empowerment Zone/Enterprise Communities
_ FEMA Federal Emergency Management Agency
r FFEO Federal Facilities Enforcement Office
FHWA Federal Highway Administration
FY Fiscal Year
Environmental Justice: Working Toward Solutions - August 1997
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GAP General Assistance Program
GIS Geographic Information System
GLNPO Great Lakes National Program Office
GLO Greater Leadership Opportunities Program
GM General Motors
GPRA Government Performance and Results Act
GRO Goal Setters's Reaching for Opportunities
-_-_- HBCU Historically Black College and University
-U HETF Haudenosaunee Environmental Task Force
HHS U.S. Department of Health and Human Services
HUD U.S. Department of Housing and Urban Development
HSI Hispanic Serving Institution
I
J
L
ICMA International City/County Management Association
IDEA Integrated Data for Enforcement Analysis
IWG Interagency Working Group on Environmental Justice
JHU Johns Hopkins University
LDA Louisiana Department of Agriculture
LDEQ Louisiana Department of Environmental Quality
LES Louisiana Energy Services
LLRW Low Level Radioactive Waste
MDE Maryland Department of the Environment
MOA Memorandum Of Agreement
MOU Memorandum of Understanding
MVEC Merrimack Valley Environmental Coalition
NAAQS Non-Attainment Air Quality Standards
NASA National Aeronautics and Space Administration
NCCC National Civilian Community Corps
NCHS National Center for Health Statistics
NDEQ Nebraska Department of Environmental Quality
NEJAC National Environmental Justice Advisory Council
NEPA National Environmental Policy Act
NETI National Enforcement Training Institute
NGO Non-Government Organization
NHANES National Health and Nutrition Examination Survey
NPDES National Pollutant Discharge Elimination System
NPL National Priorities List
NRC Nuclear Regulatory Commission
NYCDEP New York City Department of Environmental ProtectionOAQPS
_ OAQPS Office of Air Quality and Planning Standards
O OAR Office of Air and Radiation
OARM Office of Administration and Resource Management
OAS Open Airways for Schools
OCEPA Office of Communications, Education, and Public Affairs
Environmental Justice: Working Toward Solutions - August 1997
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OCR Office of Civil Rights
OECA Office of Enforcement and Compliance Assurance
OEJ Office of Environmental Justice
OFA Office of Federal Activities
OGC Office of General Counsel
OIA Office of International Activities
OIRM Office of Information Resources Management
OMB Office of Management and Budget
OPM Office of Policy and Management
OPPE Office of Policy, Planning and Evaluation
OPPTS Office of Prevention, Pesticides, and Toxic Substances
ORD Office of Research and Development
ORE Office of Regulatory Enforcement
ORE-MIED Office of Regulatory Enforcement-Multimedia
Enforcement Division
ORE-RED Office of Regulatory Enforcement-RCRA Enforcement Division
ORE-TPED Office of Regulatory Enforcement-Toxics and Pesticides
Enforcement Division
ORIA Office of Radiation and Indoor Air
OSDBU Office of Small and Disadvantaged Business Utilization
OSHA Occupational Safety and Health Administration
OSTP Office of Science and Technical Policy
OSWER Office of Solid Waste and Emergency Response
OW Office of Water
_ PCB Polychlorinated Biphenyls
-T PECT Population Estimation and Characterization Tool
PETE Partnership for Environmental Technology Education
ppm parts per million
PPW Partners for Pure Water
PRASA Puerto Rico Aqueduct and Sewer Authority
PRDA Puerto Rico Department of Agriculture
PRDNR Puerto Rico Department of Natural Resources
PRDOH Puerto Rico Department of Health
PREPA Puerto Rico Electric Power Authority
PRIME Philadelphia Regional Introduction of Minorities to Engineering
PSD Passive Sampling Devices
PWS Public Water Supply
_ RA Regional Administrator
IV RAB Restoration Advisory Board
RCRA Resource Conservation and Recovery Act
RCRIS Resource Conservation Recovery Information System
REJWG Region Environmental Justice Work Group
ROAR Rat-on-a-Rat
RRIIFS Remedial Removal and Integrated Investigation Feasibility Study
Environmental Justice: Working Toward Solutions - August 1997
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SEIS Supplemental Environmental Impact Statement
SEP Supplemental Environmental Project
SLT South Lawrence Trafficway
STAC Scientific and Technical Advisory Committee
STEP Service Training for Environmental Progress
TCI Tribal College Initiative
1 TFS Tropical Fruit Site
TIF Tax Incremental Financing
TIGER Topologically Integrated Geographic Encoding and Reference
System
TNRCC Texas Natural Resource Conservation Commission
TOC Tribal Operations Committee
TRI Toxic Release Inventory
TSCA Toxic Substances Control Act
TWDB Texas Water Development Board
UEI Urban Environmental Initiative
UM University of Maryland
USDA U.S. Department of Agriculture
UST Underground Storage Tank
_ 7 VOC Volatile Organic Compound
, WELP Women's Executive Leadership Program
W WIPP Waste Isolation Pilot Plan
WPS Worker Protection Standard
Environmental Justice: Working Toward Solutions - August 1997
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APPENDIX III
TIME LINE OF MAJOR ENVIRONMENTAL JUSTICE EVENTS
Iof3
CEQ's annual report
acknowledges racial
discrimination adversely
affects urban poor and the
quality of their environment
Farm Worker Protection
Standards reopened
GAO Report states that
3 of 4 hazardous waste
facilities in EPA's Region 4
(Southeast) are in African
American communities
1971
1981
Robert Bullard's study of
an affluent African American
Community's attempt to block
the siting of a sanitary
landfill is published
1983
Warren County, North
Carolina, NAACP demonstration
and lawsuit against PCB landfill
EPA issues Indian Policy.
EPA, DOJ, DOD & Olin
Chemical settle Triana,
Alabama case which had
EJ provisions
1986
United Church of Christ
issues report entitled Toxic
Wastes and Race in the
United States
September 1987
Michigan Coalition
Conference releases report
Rate and the Incidence of
Environmental Hazards
1990
November 1984
Congressional Hearings on
radioactive contamination
of Pacific Islanders
April 1987
Mattie Blue Legs case
outlined EPA compliance
role in Tribal lands
1990
Bullard publishes Dumping
in Dixie which is used as
the first textbook on EJ
EPA Administrator
establishes the Environ-
mental Equity Workgroup
after grassroots groups
wrote to EPA
October 1991
First of four meetings on
Environmental Justice held
between grassroots leaders
and EPA Administrator
June 1992
National Law Journal report,
Unequal Environmental
Protection alleged that EPA
discriminated in taking
enforcement actions
November 1992
1990
1991
First National People
of Color Leadership Summit
adopts the Principles of
Environmental Justice
EPA releases the report
Environmental Equity:
Reducing Risk for All
Communities
September 1992
EPA issues Farmworker
Protection Regulations
Environmental Justice: Working Toward Solutions - August 1997
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APPENDIX III
TIME LINE OF MAJOR ENVIRONMENTAL JUSTICE EVENTS
2 of 3
Imperial County, Calif
Petition focuses attention
on environmental issues of
Hispanics along U.S.-
Mexico Border
February 1992
September 1993
Interagency Symposium on
Health Research and Needs
To Ensure Environmental
Justice is held in Arlington,
Virginia
February 1994
Interagency Working
Group on Environ-
Interagency Working
Group on EJ is
established
EPA Administrator makes
environmental justice an
Agency priority
February 1993
February 1994
University of Massachusetts
issues a study which
challenges siting demographics
EPA establishes the
National Environmental
Justice Advisory Council
First Interagency Public
Meeting on Environmental
Justice held at Clark
Atlanta University,
Atlanta, Georgia
Clinton issues Executive
Order 12898 designating that
11 federal agencies are
accountable for EJ and
calling for implementation
plans
Report to The President which
shows Interagency Projects on
EJ underway as required by
E.O.12898
1994
April 1995
May 1994
1995
1994
January 1995
United Church of Christ
Issues Toxic Waste and
Race Revisited which
strengthens the association
between race and siting of
waste facilities
The Environmental Justice
Strategies from 11 agencies
as required in E.O. 12898
are issued to The President
April 1995
GAO publishes report
Hazardous and Non-
Hazardous Waste: Demo-
graphics of People Living
Near Waste Facilities-finds
discrimination studies in-
conclusive
1995
National Academy of
Science's Institute of
Medicine initiates an
EJ Study: Research,
Education and Health
Policy Needs
EJ Implementation Reports
From 11 agencies of
Interagency Working
Group Due as required
By E.O. 12898
1996
CDC, EPA and NIEHS
launch the Mississippi
Delta Project to
examine health
problems along the
industrial corridor
1996
1995
1995
CMA and NAM publish
a business guide to
environmental justice issues
EPA expands RCRA Public
Participation Rule to empower
communities to become involved
in the RCRA permitting process
April 1996
CEQ issues for public
Comment the Draft
Guidance on incorpor-
ating EJ into NEPA
requirements
Environmental Justice: Working Toward Solutions - August 1997
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APPENDIX III
TIME LINE OF MAJOR ENVIRONMENTAL JUSTICE EVENTS
3 of 3
EPA announces decision to
relocate 358 minority, low
income households living
next to Escambia Wood Treat-
ment Plant, Pensacola, Florida
National Council of State
Legislatures publishes a
State Guide on EJ and
applicable state
legislation
The President issues
E.O. 13045 Protecting
Children from Environ-
mental Health and
Safety Risks
May 1996
1996
May 1997
1996
1996
The President issues E.O.
13007 on Indian Sacred
Sites to protect current
and historical Indian
religious sites
Michigan District Court
rules in NAACP vs MDNR
(Genesee) that the state must
consider cumulative risk and
enhance public participation
before issuing major permits
Chester, PA, residents
file a CRA Title 6
complaint in District Court
against the State of PA
for siting a disproportionate
number of waste facilities in
their community
April 1997
NRC's Licensing Board rules
in LES license application that
NRC did not adequately investi-
gate the EJ issues pursuant to
E.O.12898
June 1996
July 1997
T
State of Kansas vs Haskell
Indian Nations University
re a highway through sacred
grounds. Federal District Court
ruled that a project cannot be
de-federalized to avoid NEPA
EJ analysis
Environmental Justice: Working Toward Solutions - August 1997
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