United States
Environmental Protection
Agency
; of Environmental Justice
Enforcement and
Compliance Assurance
(2201A)
EPA/300-R-99-004
June 1999
C>EPA )98 Environmental Justice
Biennial Report:
Moving Towards Collaborative and
Constructive Problem-Solving
-------
Table of Contents
PREFACE iii
CHAPTER 1: Background and Introduction 1
CHAPTER 2: Public Participation, Outreach, and Training 2
General/Multiple Issues 2.1
Indoor Air 2.5
Waste 2.7
Other Federal Agency/State Training 2.9
Tribal Empowerment 2.11
Grants Workshops 2.12
Other 2.12
CHAPTERS: Assessment Methodologies, Community-Based Studies, Targeting, and
Science 3
Assessment Methodologies 3.1
Environmental Justice Assessment Guidance 3.1
Targeting Studies 3.2
Community Assessments 3.4
Exposure Studies/Other 3.5
CHAPTER 4: Confronting Environmental Justice Problems 4
Pesticide Problems and Solutions 4.1
Lead Problems and Solutions 4.3
Subsistence Populations Problems and Solutions 4.6
Mexican Border Problems and Solutions 4.7
Concentrated Animal Feedlot Operations 4.8
Communities With Multiple Problems; Working Toward Solutions 4.9
Permits - Environmental Justice Problems and Solutions 4.10
Supplemental Environmental Projects 4.11
Relocation Problems and Solutions 4.12
Other Problems and Solutions 4.13
1998 Environmental Justice Biennial Report: June 1999
Working Towards Collaborative Problem-Solving
-------
Table of Contents
CHAPTER 5: Environmental Justice at the Federal Level 5
National Environmental Protection Act Implementation 5.1
NEPA Examples 5.1
Examples of Interagency Cooperation 5.4
Federal Agencies Implementing the Executive Order 5.5
Department of Justice 5.5
Department of Transportation 5.6
Department of Health and Human Services 5.7
Department of Defense 5.10
Department of the Interior 5.13
Department of Energy 5.13
Department of Agriculture 5.14
APPENDIX: Some EPA Grant Programs A
1998 Environmental Justice Biennial Report: June 1999
Working Towards Collaborative Problem-Solving vi
-------
Table of Contents
1998 Environmental Justice Biennial Report: June 1999
Working Towards Collaborative Problem-Solving vi
-------
Preface
Dear Reader:
The Office of Environmental Justice is committed to assuring that all communities have a
full and fair opportunity to participate meaningfully in the environmental decision-making process
and receive equal enforcement of protective environmental laws, rules, regulations and policies.
This report documents actions taken by Federal departments and agencies to address
environmental justice issues including: (1) targeting resources and providing information to the
public regarding actions; (2) engaging all stakeholders involved in the environmental justice
dialogue in outreach efforts; and (3) initiating effective compliance and enforcement actions. In
particular, this report demonstrates, through case studies, that opportunities for achieving
environmental justice do exist for community groups, grassroots groups, and industry to work
collaboratively with government departments and agencies to address pressing environmental and
public health needs.
The Environmental Protection Agency's experience shows that appropriate use of
collaborative approaches to decision-making can result in decisions and agreements that all
stakeholders consider fair, wise, efficient, and superior to the alternatives achievable through other
processes, such as litigation or civil disobedience. Experience also shows (contrasting with
litigation) that stakeholders who develop a solution through a collaborative process have better
ongoing relationships, leading to fewer disputes in the future. A precondition to success, however,
is the willingness and interest of all stakeholders in "coming to the table", and each stakeholder's
ability to engage meaningfully in informed, principled negotiations.
Resolving disputes without litigation sometimes involves risks - both real (i.e., commitment
of time and resources) and perceived (i.e., fear of appearing weak). While risks may be involved,
the Office of Environmental Justice believes that the earlier stakeholders begin to work together
the more likely they are to prevent or resolve their differences. Using techniques such as
negotiation, facilitation, and mediation, in addition to focusing Environmental Protection Agency
resources on consensus building efforts and making technical resources available to communities,
the Office of Environmental Justice hopes to engender greater trust, better understanding of
stakeholders' issues and concerns, and a firm commitment to environmental justice. The case
studies illustrate that all stakeholders have the sensitivity and capacity necessary to engage, as
equal partners, in effective and constructive problem-solving.
This is the fourth report to be published since the creation of the Office of Environmental
Justice in 1992. The other reports listed on the inside front cover are available for review at
http://www.epa.aov/oeca/main/ei/annreport.html.
Barry E. Hill
Director
Office of Environmental Justice
-------
Chapter 1
Background and Introduction
Background
The goal of environmental justice is to
ensure that all people, regardless of race, national
origin or income, are protected from
disproportionate impacts of environmental
hazards. To be classified as an environmental
justice community, residents must be 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;
and experience a disparate implementation of
environmental regulations, requirements, practices
and activities in their communities.
Environmental justice is about real people facing
real 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 eco-system and community
mobilization, the environmental justice
community has become a formidable force in
protection of both the urban and rural
environments.
Early in 1990, the Congressional Black
Caucus, a bi-partisan coalition of academicians,
social scientists and political activists met with
EPA officials to discuss their findings that EPA
was unfairly applying its enforcement inspections
and that environmental risk was higher in racial
minority and low-income populations. In
response, the EPA Administrator created the
Environmental Equity Workgroup in July 1990 to
address the allegation that "racial minority and
low-income populations bear a higher
environmental risk burden than the general
population." The Workgroup produced a final
report "Reducing Risk in All Communities" in June
1992 which supported the allegation and made
recommendations for addressing the problem. One
was to create an office at EPA to address these
inequities. Another was to make environmental
justice a national policy. The Office of
Environmental Equity was established November 6,
1992. The name was changed to Office of
Environmental Justice in 1994.
Executive Order 12898 "Federal Actions to
Address Environmental Justice in Minority
Populations and Low-Income Populations" was
signed by President Bill Clinton on February 11,
1994. Executive Order 12898 "Federal Actions to
Address Environmental Justice in Minority
Populations and Low-Income Populations" was
signed by President Bill Clinton on February 11,
1994, to focus federal attention on the environmental
and human health conditions of minority and low-
income populations with the goal of achieving
environmental protection for all communities. The
Order directed federal agencies to develop
environmental justice strategies to aid federal
agencies identify and address disproportionately high
and adverse human health or environmental effects of
their programs, policies, and activities on minority
and low-income populations. The Order is also
intended to promote nondiscrimination in federal
programs substantially affecting human health and
the environment, and to provide minority and low-
income communities access to public information on,
and an opportunity for public participation in, matters
relating to human health or the environment. The
Presidential Memorandum accompanying the Order
underscores certain provisions of existing law that
can help ensure that all communities and persons
across this nation live in a safe and healthful
environment.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative Problem-Solving
June 1999
1.1
-------
The Executive Order established an
Interagency Working Group (IWG) on
environmental justice chaired by the EPA
Administrator and comprised of the heads of
eleven departments/agencies and several White
House offices. These include the EPA, the
Departments of Justice, Defense, Energy, Labor,
Interior, Transportation, Agriculture, Housing and
Urban Development, Commerce, and Health and
Human Services, the Council on Environmental
Quality, the Office of Management and Budget,
the Office of Science and Technology Policy, the
Domestic Policy Council, and the Council of
Economic Advisors.
Because of the Agency's strong belief that
all Americans regardless of race, color, national
origin, or economic circumstance are important to
the future of our nation and should be able to live
in a clean, healthy environment, EPA
Administrator Carol Browner made environmental
justice one of EPA's highest priorities and
established environmental justice as one of the
seven guiding principles in the Agency's strategic
plan in 1993. In an Agency-wide meeting, she
stated that "many people of color, low-income and
Native American communities have raised
concerns that they suffer a disproportionate
burden of health consequences due to the siting of
industrial plants and waste dumps, and from
exposure to pesticides or other toxic chemicals at
home and on the job ... EPA is committed to
addressing these concerns and is assuming a
leadership role in environmental justice to
enhance environmental quality for all residents of
the United States."
Since the Office of Environmental Justice
was created, late in 1992, there have been
significant efforts across EPA to integrate
environmental justice into how the Agency
conducts its day-to-day operations. Information
Chapter 1
Background and Introduction
on these activities can be found throughout the
Agency. The Office oversees the integration of
environmental justice into EPA's policies, programs,
and activities throughout the Agency. Every
Headquarters Office and Region has an
environmental justice coordinator to serve as a focal
point within the organization. This network of
individuals plays a key role in outreach and education
to external as well as internal individuals and
organizations. The Office also serves as the lead on
the Interagency Working Group called for in the
Executive Order.
EPA had begun developing an environmental
justice strategy to address the issues prior to the
signing of the Executive Order. The final document,
Environmental Justice Strategy: Executive Order
12898, published in 1993, is consistent with the
Executive Order and ensures the integration of
environmental justice into the Agency's programs,
policies, and activities. The strategy contains five
major areas: 1) Public Participation and
Accountability, Partnerships, Outreach, and
Communication with Stakeholders; 2) Health and
Environmental Research; 3) Data Collection,
Analysis, and Stakeholder Access to Public
Information; 4) American Indian and Indigenous
Environmental Protection; and 5) Enforcement,
Compliance Assurance, and Regulatory Reviews.
Introduction To This Report
As this report demonstrates, EPA continues
to work to keep the environment clean so that all
people can have clean air, clean water and a safe and
healthy environment in which to live. The title of the
report reflects the federal government's experience
with the issue of environmental justice. Recently,
federal departments and agencies have begun
working proactively with communities, states, tribal
and local governments, industry and others to address
concerns of the communities. The efforts have
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative Problem-Solving
June 1999
1.2
-------
produced "win-win" solutions in many cases, and
contrast with a more reactive approach in which
agencies wait for issues to grow into disputes. As
a result of working together, divisive conflicts are
reduced, allowing parties to resolve issues faster,
fairer, cheaper, and more effectively.
Involving all stakeholders in the problem-
solving process as early and as often as possible is
a key to collaborative management of
environmental justice concerns. As part of this
process, stakeholders are encouraged to discuss
their underlying interests, rather than attempting
to package concerns within a formal legal
argument as they would in court. Litigation and
enforcement actions continue to play an important
role in achieving the goal of environmental justice
for all Americans, regardless of the race, ethnicity
or economic status. However, principled
negotiation, up-front consensus building, and
public participation in the environmental decision-
making process are increasingly becoming the
norm.
Many projects in this report describe the
Environmental Protection Agency's attempts to
foster partnerships, find, define, and resolve
allegations of environmental injustice, or involve
a broad group of stakeholders in a process to solve
pressing problems or issues of concern.
Chapter 1
Background and Introduction
This report differs from the prior Annual
Reports issued by the Office of Environmental
Justice (OEJ). It is organized by "subject matter"
and contains information on the implementation
of Executive Order 12898 by other federal
departments and agencies. Chapters 2-5 describes
EPA efforts, and include a mix of headquarters
and regional projects. Those projects that have an
EPA regional lead are identified. Projects that do
not specify a region are led by headquarters. The
subject matter chapters cover a number of similar
topics:
Chapter 2 describes projects related to
public participation, outreach, and training.
Chapter 3 primarily contains a "report" on
the developing field of environmental justice
data analysis and analytic methodologies.
The chapter also describes several recent
community assessment projects.
Chapter 4 describes activities which look at
some environmental justice problems.
Chapter 5 covers many examples of how
federal departments and agencies and
stakeholders are working together to resolve
and examine environmental justice issues.
The appendix includes a description of some
of EPA's assistance programs.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative Problem-Solving
June 1999
1.3
-------
Chapter 2
Public Participation, Outreach, and Training
EPA-sponsored public participation, outreach,
and training programs bring together federal, state
and local governments, industry and community
stakeholders to develop workable solutions to
allegations of environmental injustice. These
programs have grown and matured as stakeholders
have become more familiar with the issue of
environmental justice and ways of collaboratively
participating in the decision- making process.
While five years ago such projects were mostly
lead out of EPA's Headquarters Office of
Environmental Justice and consisted of basic
environmental justice training courses, today each
region sponsors these programs. The vast
majority of current projects involve EPA outreach
to, and involvement with local communities, joint
investigations of specific areas of concern,
community capacity- building and development of
workable solutions. Following is a discussion of
the regional environmental justice initiatives.
General/Multiple Environmental
Justice Activities
REGIONS
City of Chester Initiative
During the week of April 20, 1998,
Region 3 participated in a highly successful Earth
Week celebration in Chester, Pennsylvania.
Activities included the refurbishing of a garden at
the Pulaski School, which Region 3 "adopted,"
the donation of ten new computers, and the
planting of trees at the school.
In addition, the initiative included the
Chester Lead Poisoning Prevention Project,
funded by an EPA-funded Supplemental
Environmental Project (SEP). The project works
with community residents and leaders, on a
voluntary basis, to collect and distribute
information about lead poisoning and to help
residents remove lead from their homes. The
project has trained two community coordinators
and has begun the enrollment of participants in the
lead project.
REGION 4
North Carolina Environmental Justice
Conference/Workshop
Region 4's Waste Division worked with a
coalition of North Carolina environmental justice
groups and their steering committee to design and
support the first environmental justice workshop
in that state. In addition to funding this workshop,
a senior EPA official delivered the keynote speech
and other EPA staff participated on several
panels. The workshop set a positive precedent for
future collaborative work.
Environmental Justice Summit
The "Environmental Justice Summit II,"
held in Atlanta, Georgia, on February 6-7, 1998,
was co-hosted by Region 4, the African American
Environmental Justice Action Network, and the
Southern Organizing Committee for Economic
and Social Justice (SOC). The purposes were to:
(1) continue fostering partnerships between EPA
and impacted communities; (2) improve
regulatory decision-making (e.g., selection
processes and remedial action options) with
respect to communities near hazardous waste sites
in the southeast; and (3) develop
recommendations on how EPA can improve its
customer service responsibilities.
More than 100 participants attended and
included representatives from: numerous local
environmental justice groups; the Clark Atlanta
University Environmental Justice Resource
Center; Spelman College; the Department of
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.1
-------
Chapter 2
Public Participation, Outreach, and Training
Housing and Urban Development (HUD); the
Agency for Toxic Substance Disease Registry
(ATSDR); the Army Corps of Engineers; the
Department of Defense (DOD); the EPA; the
environmental regulatory offices of North
Carolina and Georgia; and the Medical University
of South Carolina.
Outreach to Environmental Justice
Communities
Region 4 conducted a series of outreach
meetings with community-based organizations.
EPA initiated the meetings to learn about
environmental justice concerns of, and to foster
stronger working relationships with, the
communities. These meetings were conducted in
Oak Ridge, Tennessee, Bennetsville and
Spartanburg, South Carolina, and several cities in
Georgia including Fort Valley, Brunswick and
Savannah. A large number of community and
grassroots groups participated in the various
meetings such as: the Southern Organizing
Committee for Economic and Social Justice;
People Working for People; Save the People;
Citizens for Environmental Justice; Woolfolk
Citizens Response Group; Scarboro Community
Environmental Justice Council; Oak Ridge Health
Liaison; Re-Genesis; and the People of Color &
Disenfranchised Communities Environmental
Health Coalition.
These meetings resulted in on-the-ground
results. For example, in Bennetsville, South
Carolina, participants discussed ways to obtain
assistance for the community to help with health
problems resulting from a former industrial
facility, now a Comprehensive Emergency
Response Compensation Liability Act (CERCLA
or Superfund) removal site. The sponsoring
partners were the ATSDR and a state
representative.
In Spartanburg, South Carolina, state
agencies and federal agencies provided vital
health care information and resources to an
impacted community. Meeting with members of
the community at a health fair, the South
Carolina's Office of Workmen's Compensation
provided the forms necessary for community
residents to apply for benefits. The Social
Security Administration of the U.S. Department of
Health and Human Services sent a local
representative who provided information on how
to apply for social security. South Carolina's
Office of Health Care provided a pulmonary
specialist to speak about asbestos-related illnesses
and how to obtain health care necessary to receive
a diagnosis. The health fair brought together both
government resources and information necessary
for the community to better protect their health
from environmental irritants.
REGIONS
Environmental Justice
Partnership Network
Stakeholder
On November 10, 1998, Region 5 held its
first Regional Environmental Justice Stakeholder
Partnership Network (RESPN) forum in Gary,
Indiana. The goals of the forum were to: (1) bring
community members together to share information
and learn about issues of most importance to
them; (2) provide environmental education; (3)
assist communities in developing and enhancing
leadership skills; and (4) facilitate the
development of local partnerships and networks
by providing tools to help communities organize.
EPA worked with the City of Gary, the
local community, and federal government
agencies to develop an informational forum that
would be of interest and benefit to Gary residents.
The Mayor of Gary, Scott L. King, greeted the
more than 100 conference participants. Attendees
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.2
-------
Chapter 2
Public Participation, Outreach, and Training
included community members and environmental
professionals from various fields. The attendees
participated in panel discussions and exchanged
information and ideas on a wide variety of issues
including job training, land redevelopment, and
community organizing.
An educational tool kit containing "how
to" information on organizing a community and
developing leadership skills was distributed to
participants. As a follow-up to the conference, all
participants were sent a resource guide containing
information on: the background of the
environmental justice movement in the U.S.; the
purpose of the RESPN project; highlights from
the forum; and the methodology used to develop
the Gary RESPN project. The resource guide can
be found on the Internet at:
http://www. epa. gov/envjustice/resguide.html
REGION 6
Environmental Justice Newsletter
Region 6 published the first edition of its
quarterly Environmental Justice Newsletter in
November 1998. The newsletter featured
community input and up-to-date environmental
news and information of interest to the public.
The public has been invited to provide ideas to
Region 6 on possible features, and improvements.
You can find the newsletter at:
h Up ://www. epa. gov/earth 1 r6/6ra/ej/ej. h t
REGIONS
Brownbag Series
Beginning in 1997, the Region 8
environmental justice program sponsored a year-
long brownbag series, to which more than 600
groups and individuals were invited. Topics in
1997 included: a discussion of migrant farm
worker issues by a local activist, Lalo Delgado; a
panel of community representatives speaking on
challenges faced in environmental problem-
solving; and a talk given by Stephen Pevar,
American Civil Liberties Union (ACLU) Staff
Counsel, and author of "The Rights of Indians and
Tribes," on the topic of EPA's Indian trust
responsibility. The community panel brownbag
was repeated for the Region's Senior Leadership
team, upon the invitation of the Regional
Administrator.
In 1998, the brownbag series featured
Scott Jones, of the Lower Brule Sioux Tribe, who
commented on the topic of cultural resource
implications of management of the Missouri
River. Other speakers included Reggie Harris,
EPA Region 3 toxicologist, on the "stressed
communities" concept, and Gerald Carney, EPA
Region 6 toxicologist, on a methodology for
incorporating environmental justice into a risk
assessment. The fourth brownbag session
featured Ann Goode, Director of the EPA Office
of Civil Rights, who spoke on EPA's Title VI
Interim Guidance and the process for issuing the
final guidance document. The discussions helped
to disseminate information within the Agency and
to the stakeholder community and provided an
informal opportunity for discussion between
federal government representatives and
stakeholders.
REGION 10
Health and Safety Training
For the last three years, Region 10 has
sponsored a 40-hour Health & Safety Training
program known as "Hazwoper." EPA provides
the course in areas where there is a potential for
local residents to be employed on or near
hazardous material cleanup sites. Courses have
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.3
-------
Chapter 2
Public Participation, Outreach, and Training
been taught in native villages in rural Alaska and
in Colville, Washington, where many of the
students were from the Colville Indian
Reservation. Native American populations
account for 95% of the students
in these classes. The Alaska Department of
Environmental Conservation cosponsored classes
taught in Alaska.
1998 ECO/EPA Partnership Highlights-
Diversity Program
The seven-year training partnership
between EPA and The Environmental Careers
Organization (ECO) continues to evolve. In
1998, EPA sponsored 313 student "Associates."
The Agency carried over 60 of the 247 Associates
from 1997. This level of participation marked an
increase of more than 25% from 1997. The
Associates trained at eleven headquarters offices
and in all ten EPA regions.
Consistent with the Agency's goal of
increasing workforce diversity and minority
representation in the environmental-oriented
profession, 54% of the Associates were people of
color, representing 76 different academic
disciplines. The Associates were geographically
diverse as well, coming from 120 different
colleges and universities - a record high.
The Office of Environmental Justice has
been a sponsor of the National Environmental
Career Conference (NECC) for several years. In
1998, the Office of Environmental Justice
provided scholarships f or 27 Associates to attend
the NECC in Boston. In addition, EPA provided
conference speakers for panels on environmental
justice, Native American environmental issues,
careers within the EPA, and several other topics.
Where Were the 1998 Associates Trained in
the EPA?
Headquarters #T rained
Office of Administrator 5
Office of Administration/Resources
Management 14
Office of Air and Radiation 33
Office of Enforcement and
Compliance Assurance 12
Office of Chief Financial Officer 6
Office of International Activities 19
Office of Policy 18
Office of Prevention, Pesticides and
Toxic Substances 39
Office of Research and Development 14
Office of Solid Waste and
Emergency Response 2
Office of Water 26
Office of Environmental Justice 6
Regions
Region 1 9
Region 2 4
Region 3 5
Region 4 21
Region 5 59
Region 6 1
Region 7 5
Region 8 2
Region 9 8
Region 10 5
TOTAL 313
For more information about the ECO
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.4
-------
Chapter 2
Public Participation, Outreach, and Training
Program, call, write, or send an E-Mail message to
one of the following:
Linda K. Smith, Project Officer
202-564-2602
smitfa.linda(giepa.gov
Renee L. Coins, Program Coordinator
202-564-2598
goins.reneefgiepa.gov
or visit the EPA Program Team/Boston Office
web site at http://www.eco.org.
The Environmental Careers Organization
179 South Street, 5*fl.
Boston, MA 02111
Tele: 617-426-4783
Fax: 617-426-8159
Jing Yang - USEPA National Partnership
Manager, ext. 129, jvangfgieco.org.
Stephanie Dacko - Internship Program
Coordinator, ext. 147, sdacko(g),eco.org.
Genevieve Coutroubis - Internship Program
Coordinator, ext. 121, gcoutroubisfg),eco.org
Melodie Sitkowski - Internship Program
Coordinator, ext. 142, msitkowski(g),eco.ore
(3) metal finishing; (4) printed wiring boards; (5)
printing; (6) chemical industry; (7) local
governments; (8) transportation; and (9) paints
and coatings.
The Compliance Assistance Centers
provide information via Internet web sites, toll-
free telephone assistance, fax-back capabilities,
and distribution of hard copy materials. Some
centers have special features such as virtual shop
floors, state regulations on-line, expert help desks,
and video conferencing capabilities.
The centers are making the environmental
justice community aware of their services and
products through speaking engagements (e.g., at
the Enforcement Subcommittee of the National
Environmental Justice Advisory Council and at
the National Association of Black County
Officials), distribution of compliance assistance
materials, and through the centers' Internet web
sites. For example, the Agriculture Compliance
Assistance Center develops and distributes fact
sheets to help agricultural employers protect
migrant and seasonal workers from exposure to
pesticides through compliance with the Worker
Protection Standards.
Indoor Air
Compliance Assistance Centers
Overview
EPA partnered with private sector trade
associations and nonprofit groups to establish nine
sector-specific Compliance Assistance Centers.
The centers help small and medium-sized
businesses better understand and comply with
federal environmental regulatory requirements.
The centers serve the following sectors:
(l)agriculture; (2) automotive service and repair;
Indoor Environments Program
Region 1
The Region 1 Indoor Environments
Program works actively to assist New England
schools to adopt the EPA's "Indoor Air Quality
Tools for Schools" (TFS) Action kit. The
program targeted several of the largest school
systems in New England, introducing students to
concepts about indoor air pollutants and steps that
they can take to reduce indoor pollution at home
and school.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.5
-------
Chapter 2
Public Participation, Outreach, and Training
Jointly, the Connecticut Council on
Occupational Safety and Health (COSH) and the
Latino Parents' Organization sent a letter to the
Hartford School Superintendent recommending
adoption of TFS system-wide (33 schools). Other
pilot schools implementing TFS programs have
been initiated in the school systems in Boston,
Massachusetts and Manchester, New Hampshire.
EPA also has recruited schools in the New Haven
and Bridgeport, Connecticut School Districts.
Indoor Air Quality in Schools
Region 10
The Region 10 Indoor Air Quality
program is funding TFS training and school walk-
through/site visits in all four states that comprise
the region. The funding is provided through
small grants to: (1) the Idaho Health Division; (2)
the Oregon State University Cooperative
Extension Energy Program; (3) the University of
Alaska (Fairbanks) Cooperative Extension Energy
Program; and (4) the Washington State University
Cooperative Extension Energy Program. Each of
these entities has committed to conducting at least
four school walk-throughs and TFS training in
the respective states. This program has a direct
impact on student and community health and
government regulatory compliance.
National Hispanic Coordinating Center on
Indoor Air
The National Coalition of Hispanic
Health and Human Services Organizations
(COSSMHO), working with the Office of Radon
and Indoor Air (ORIA), has served as the National
Hispanic Coordinating Center on indoor air
pollutants for many years. COSSMHO's many
activities include, but are not limited to: (1)
coordinating training sessions and workshops; (2)
conducting national project meetings; (3)
providing technical assistance; and (4) translating
and distributing bilingual documents.
ORIA supports the operation of the
National Hispanic Indoor Air Quality Hotline (1-
800-SALUD-12) at COSSMHO's national
headquarters in Washington, D.C. The hotline
receives thousands of calls per year, reflecting
successful outreach efforts at the national, state
and local levels.
Indoor Air Outreach
Asians and Pacific Islanders
The Association of Asian and Pacific
Community Health Organizations (AAPCHO) and
ORIA entered into a multi-year cooperative
agreement to develop outreach materials for Asian
and Pacific Islanders, especially the medically
under-served. The AAPCHO program includes
the following activities: (1) translating indoor air
outreach materials into Asian languages, including
Chinese, Korean, and Vietnamese; (2) sponsoring
workshops for health care workers to work in
communities on indoor air quality issues; and (3)
supporting community-based outreach projects in
targeted communities.
Indoor Air Outreach
Local Communities
The National Association of Counties
(NACo) and the National Organization of Black
County Officials (NOB CO) are working
collaboratively with ORIA to establish local
outreach programs. These programs teach local
government officials how to address and respond
to indoor environment health risks.
ORIA is entering its third year of
cooperation with NACo and NOBCO to develop
and administer training courses designed to
provide indoor air quality health risk information
to local officials. The training workshops support
sustained local outreach efforts and are targeted to
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.6
-------
Chapter 2
Public Participation, Outreach, and Training
communities with significant low-income and/or
minority populations.
Additionally, many county health
departments represented by NACo have utilized
resources from other programs to address indoor
air quality issues in low-income communities.
Using local residents hired by counties under the
Job Training Partnership Act (JTPA)--a summer
youth programlocal health departments can
educate low-income communities about indoor air
quality health prevention. Youth in the JTPA
program, who must meet income-eligibility
requirements, are trained by the health
departments, and then work directly with residents
in the communities where they live.
Indoor Air Outreach
Self-Reliance Foundation/Hispanic
Radio Network
The Self-Reliance Foundation /Hispanic
Radio Network provides indoor air quality health
risk prevention information to Spanish-speaking
populations in the U.S. through a broad radio
media outreach campaign. The Self-Reliance
Foundation fosters indoor air quality health risk
prevention through: (1) distribution of radon test
kits; (2) live radio talk shows; (3) support of a
toll-free Spanish speaking information line; and
(4) syndicated newspaper columns in Spanish
newspapers..
The Self-Reliance Foundation also links
listeners with local social and health professionals
who work "hands-on" in the communities. These
professionals are trained and educated about
indoor air quality issues to provide direct outreach
services to community residents.
Waste
Brownfields Assessment Demonstration Pilots -
Region 2
Region 2 has 26 Brownfields Assessment
Demonstration Pilots: 12 in New York, 12 in
New Jersey, and 2 in Puerto Rico. The
brownfields program identifies, remediates, and
puts into active use former contaminated
properties frequently located in urban areas.
These pilot projects in the various cities and
counties must submit environmental justice and
community involvement plans that incorporate
mechanisms to ensure active community
involvement in the decision-making process. For
example, Jersey City held three neighborhood
planning charettes to solicit local guidance for
redevelopment activities in the mixed-use,
brownfields-laden Lafayette area of New Jersey.
A "Life After the Grant Study and Pilot"
meeting held by EPA found that pilot projects
can be sustained, communities improved, and
brownfields sites reused by actively addressing
environmental justice concerns and involving the
community early in the project and on a
continuing basis. Region 2 publishes the
"Brownfields Community Involvement Quarterly"
which it distributes to more than 3,000 regional
stakeholders, including community organizations.
The brownfields pilot projects and the evaluations
help communities improve their environment and
public health, and help provide models for other
communities, municipalities, industry and
politicians to follow in initiating brownfields
redevelopment efforts.
Superfund Community Outreach
Region 2
At the request of Region 2, EPA's
Headquarters Community Outreach and
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.7
-------
Chapter 2
Public Participation, Outreach, and Training
Involvement Office, in the Office of Solid Waste
and Emergency Response (OSWER), created a
Spanish language version of the "Superfund
Community Advisory Group" toolkit. This
document gives Spanish-speaking communities in
Puerto Rico, and throughout the United States, a
greater opportunity to participate in the Superfund
cleanup process. EPA has found that community
advisory groups (CAG) can be very effective in
enhancing public involvement at Superfund sites
and facilitating regular and direct consultations
between EPA and community members. CAGs
are initiated and directed by local community
representatives who work with EPA throughout
the Superfund cleanup process.
Community Involvement Criteria for
Brownfields Redevelopment
Region 10
In 1998, Region 10 staff worked with
community groups in Portland, Oregon to revise
EPA's Pilot Project Guidelines to better address
community involvement issues. These revisions
were incorporated into the National Pilot Project
Guidelines issued in October 1998. Specifically,
the National Pilot Project Guidelines addressed
community concerns by emphasizing the
following three points:
Statistics on the demographics and
employment areas in each proposal must
be tailored to the impacted community.
Proposals should demonstrate that the
project has been developed with
community involvement and support, and
will involve the community throughout
the project.
Proposals should describe how the project
will address the environmental and public
health priorities of the impacted
community.
Social Siting Criteria Brochure
The Office of Solid Waste's, Permits and
State Programs Division is working on a brochure
that addresses community quality-of-life concerns
(i.e., those concerns that are often social, cultural,
or economic in nature) related to the siting and
permitting of Resource Conservation and
Recovery Act (RCRA) hazardous waste facilities.
The brochure is intended as an
educational tool. The Office of Solid Waste
hopes to improve cooperation and communication
among all parties involved in the RCRA facility
siting and permitting process by increasing
awareness of, and sensitivity to, the quality-of-life
concerns raised by communities. Additionally,
the brochure examines ways in which EPA
regional offices, state and local governments, land
use planning agencies, and hazardous waste
facilities address quality-of-life concerns raised
by communities.
The target audiences are the regulated
community, federal, state, and local government
permitting authorities, and land use planning
agencies. The information provided in the
brochure may be viewed as a starting point for
creatively addressing and possibly resolving
quality-of-life concerns raised by environmental
justice communities related to the siting and
permitting hazardous waste facilities. It is
scheduled to be completed September 1999.
Public Participation in RCRA
Corrective Action Rule
The Office of Enforcement and
Compliance Assurance (OECA) and the Office of
Site Remediation and Enforcement, in conjunction
with the OSWER, developed language on public
participation for revisions to the Post-Closure
Permit Requirements and Closure Process under
the RCRA. The closure regulations require
owners and operators of hazardous waste
management units to close those units in a way
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.8
-------
Chapter 2
Public Participation, Outreach, and Training
that is protective of human health and the
environment.
The procedures for issuing post-closure
permits provide an opportunity for public
comment at the time the permit is issued (i.e., the
public may comment on the plan for investigating
suspected releases at a facility). Additionally, the
permit modification procedures provide
opportunities for public comment when the permit
authority selects a remedy and when the permit
authority concludes that corrective action is
complete.
Other Federal Agency/State
Training
Outreach to States - Development of
State Environmental Justice
Programs/Task Forces
Region 2
Region 2's Environmental Justice Program
directed its efforts toward its state and local
government partners, after having, in past years,
trained approximately 900 EPA regional managers
and staff on the issue of environmental justice and
Title VI of the Civil Rights Act of 1964 anti-
discriminatory requirements. Introducing state
and local government agencies to EPA's policies,
Region 2's outward-looking emphasis will help
improve coordination, compliance, and
achievement of program goals. To date, outreach
efforts have resulted in the following:
For New Jersey -
New Jersey Department of Environmental
Protection ("NJDEP") accepted Region
2's invitation for NJDEP's managers and
staff to attend a region-wide
environmental justice training course.
NJDEP's Commissioner became a
member of the Title VI Federal Advisory
Committee.
NJDEP developed and is in the early
stages of implementing its Environmental
Equity (EE) Policy and Program. A Task
Force was created to advise the state on
the development of its environmental
equity policy.
NJDEP was a recipient of the Office of
Environmental Justice's State and Tribal
Environmental Justice (STEJ) Grants,
receiving $100,000. With matching funds
of approximately 23%, NJDEP plans to
further develop and implement its EE
program, and to implement an innovative
permitting process. NJDEP has
developed this permitting process to
address Title VI concerns through an
"Interest-Based Alternative Dispute
Resolution Process." NJDEP plans to
conduct a pilot of the process with
Region 2.
NJDEP and Region 2 are in the final
stages of incorporating EE into the state's
Performance Partnership Agreement.
For New York -
Following several high-level meetings
between Region 2 and the New York
State Department of Environmental
Conservation (NYSDEC), the State of
New York is forming a workgroup to
consider integrating environmental justice
into its State Environmental Quality
Review Act (SEQRA) process.
Environmental Justice Training for
Federal and State Agencies
Region 5
Region 5 has provided environmental
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.9
-------
Chapter 2
Public Participation, Outreach, and Training
justice training to interested federal and state
agencies. The region designed the training to
provide the audience with a background and
overview of environmental justice, an
understanding of Region 5's roles in addressing
environmental justice issues, and an update of
current EPA environmental justice activities and
case studies.
Federal and state government personnel
were given the opportunity to present
environmental justice activities in which they had
been involved. Region 5 has conducted training
for the U.S. Department of Agriculture/Resource
Conservation Service, the Indiana Department of
Environmental Management, and the Minnesota
Pollution Control Agency.
Training of Federal and State Agencies
Region 8
The Region 8 Environmental Justice
Program has undertaken a major effort to provide
environmental justice training to state agencies
and other federal agencies. The training consists
of a four-hour workshop on environmental justice.
Region 8 designed the workshop to increase
understanding of a complex issue and improve
clarity about basic environmental justice concepts
and the application of those concepts. The course
challenges participants to explore the meaning of
environmental justice first, generally, and then as
it relates to their day-to-day responsibilities. Case
studies focus on real life examples, such as: the
permitting of a wood-fired power plant in Flint,
Michigan; the cleanup of a Superfund site in New
York, bordering the St. Regis Mohawk Tribe's
reservation; the building of a highway in
Lawrence, Kansas, near Haskell Indian Nations
University; and the siting and permitting of a
hazardous waste facility in the Silicon Valley.
To date, Region 8 has conducted several
training sessions for the Denver Federal Executive
Board Environmental Justice Task Force. They
have provided six sessions for the Department of
the Interior's Bureau of Reclamation in Boulder
City, Nevada; Sacramento, California; Denver,
Colorado; Boise, Idaho; and Billings, Montana.
The Department of the Interior's Bureau of Land
Management, the Army Corps of Engineers, the
Department of Agriculture's Forest Service, and
the Natural Resource Conservation Service have
also expressed interest in the training. These
meetings not only serve to provide consistent
training but also help state and federal agencies
work more effectively together.
Tribal Empowerment
Tribal Air Quality Control Program
Training
In cooperation with Northern Arizona
University, the Office of Air Quality Planning and
Standards (OAQPS) has developed two training
programs for tribal environmental professionals.
The training is designed to assist Indian tribes in
forming their own air quality control programs,
including tribal implementation plans and
operating permit programs. EPA initiated the
assistance program in response to the requirement
that it treat tribal governments in the same manner
as states. It will be a continuing effort, as OAQPS
provides more training and guidance to tribal
governments.
Opportunities under NEPA
Participation: A Tribal Focus
Region 8
for Public
As a result of a written request from the
National Environmental Justice Advisory Council,
Region 8 presented a National Environmental
Policy Act (NEPA) workshop for tribal members.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.10
-------
Chapter 2
Public Participation, Outreach, and Training
Staff from Region 8's Ecosystem Protection
Program, the Tribal Assistance Program, and the
Environmental Justice Program jointly planned
and coordinated the one-day workshop on NEPA.
In April of 1998, in Bismarck, North Dakota, the
Region, as part of the training program, presented
a half-day session on NEPA for tribes, including
a session on addressing environmental justice
issues in the NEPA process.
During the second half of the day, Region
8 staff hosted an interagency panel entitled,
"Opportunities Under NEPA for Public
Participation: A Tribal Focus." Eighteen people,
representing 10 different tribes attended the
workshop. EPA coordinated the panel with other
federal agency panelists, which included
individuals from the Army Corps of Engineers
and the Department of the Interior's Fish and
Wildlife Service, the Bureau of Indian Affairs,
and the Bureau of Reclamation.
Tribal Indoor Air Quality
Region 10
The Region 10 Indoor Air Quality
Program provided the course, "Tribal Orientation
to Indoor Air Quality," to tribal members and
tribal staff in Region 10. In response to comments
from the Snoquamish Tribe, after attending the
course, Region 10 worked with the tribe to
develop a Model Tribal Indoor Air Project.
Region 10 is using the model to help other tribes
in Washington. Since the initiation of the
program, five more tribes from throughout Region
10 have applied for, and have received, funding to
develop their own tribal indoor air programs.
Informing Tribes About OPPT
Programs
The Office of Pollution Protection and
Toxics' (OPPT) "Tribal Program" was initiated in
1997. A major focus of the program is to improve
communications with tribes about OPPT programs
and activities.
A comprehensive tribal communications
package is being developed to make OPPT
program information available to tribes. This
information package includes the following: (1)
staff contacts; (2) Internet access to OPPT
programs; (3) OPPT and related program grants
information; and (4) a quarterly tribal newsletter.
OPPT published the first issue of "OPPT Tribal
News" in September 1998. This newsletter
contains articles on toxics and pollution
prevention and tribal activities. They mail it to
more than 680 tribes and tribal organizations.
Grants Workshops
Grants Workshop for FY97 Small
Grants Recipients
Region 4
On October 30-31, 1997, the Region's
Environmental Justice Program hosted its first
Grants Workshop. More than 30 people attended
representing 18 organizations throughout the
southeast. The Region's Environmental Justice
Program designed this workshop to: (1) orient
grantees on Federal grants/financial
administration processes and procedures; (2)
provide an overview of Region 4's organization
and programs; and (3) provide a forum for
grantees to network and to exchange ideas and
information. A Small Grants Writing Conference
was planned for potential grantees during FY99.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.11
-------
Grants Workshops, Networking, and
Grantee Coordination
Region 8
Region 8's Environmental Justice Program
staff developed and presented a series of
Environmental Justice Grants workshops for the
public beginning in September and ending in
December 1998. EPA made a special effort to
reach out to communities in more rural areas,
including: Casper, Wyoming; Meeker, Colorado;
Jamestown, North Dakota; and the Lower Brule
Reservation, South Dakota. The staff also
conducted workshops in Salt Lake City, Utah, and
Pueblo, Colorado.
The purpose of the workshops was to
provide interested organizations and agencies
information about the Environmental Justice
Small Grants and the Pollution Prevention grant
programs, illustrations of projects applicable to
each of these programs, assistance in preparing
grant proposals, and information about the life
cycle of the grants process. The Grants Workshop
included the development of a 75-page
overhead/slide presentation, handout materials
and evaluation forms. Participants were contacted
after the workshop and the feedback was very
positive. The success of these workshops will be
measured by increases in the number of submitted
proposals and the improved quality of the content
of the proposals.
Other
Lead Outreach and Education
Region 1
Region 1 has funded several lead
outreach projects directed toward low- income,
minority and disadvantaged "at risk" populations.
This funding comes from a variety of sources
within the Agency, including Regional
Geographic Initiative funds for the Region's
Northeast Lead (Pb) Initiative, the Urban
Chapter 2
Public Participation, Outreach, and Training
Environmental Initiative ("UEI"), Toxic
Substances Control Act (TSCA) State Grants,
TSCA discretionary extramural funds, and
EMPACT funds. A partial list of projects
follows:
Through a TSCA grant to the Connecticut
Department of Public Health, the
University of Connecticut Cooperative
Extension Service produced the manual,
"What You Should Know About Lead
Poisoning, a Resource Manual for Child
Care Providers." The manuals are
available in both English and Spanish.
Through its Northeast Pb Initiative,
Region 1 funded the development of
"Healthy Beginnings: Lead Safe
Families," which is an "English as a
Second Language" Curriculum. The
curriculum teaches immigrants about lead
poisoning prevention, and other urban
dangers.
Region 1 worked with other local
governmental, community, and private
sector experts to produce the following
documents: "Healthy Yard," "Is Your
Yard Lead Proof," "Controlling Lead in
Soils, Soil Abatement Specifications,"
and "Informational Report of the Lead in
Soils Charette." The documents are
targeted at landlords, tenants, and
homeowners. The Northeast Pb Initiative
provided funding for these publications.
Urban Toxics
Region 1
Region 1's Environmental Justice
Pollution Prevention Program and UEI support a
coalition of six Boston nonprofit organizations to
prevent urban toxic pollution. This project is in
its second year. Building on technical assistance
and tools developed in the first year of support,
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.12
-------
Chapter 2
Public Participation, Outreach, and Training
the coalition links resident-driven environmental
assessments in six new neighborhoods to a
citywide network.
Environmental Justice Stakeholder
Meeting
The Office of Ground Water and Drinking Water
held stakeholder meetings to address
environmental justice issues arising from the
implementation of the Safe Drinking Water Act
Amendments in: Boston; New York; Edison, NJ;
Philadelphia; Atlanta; Chicago; Kansas City;
Dallas; Denver; San Francisco; and Washington,
DC.
The project also provides education
information about: (1) environmental issues in
public housing; (2) pollution prevention assistance
to local small businesses such as drycleaners, nail
salons, film developers, and printers; (3)
information addressing resident concerns about
urban transportation; and (4) environmental
education information for individuals to prevent
pollution in their daily lives.
Environmental Justice Community
Pilot Training Course
Region 4
Region 4 is partnering with local groups
(Save the People of Brunswick, Georgia, and the
Southern Organizing Committee for Economic &
Social Justice of Atlanta, Georgia) in the
development of the "Environmental Justice
Community Pilot Training Course." The goal of
the pilot training course is to increase overall
awareness and use community-based monitoring
and environmental enforcement. The objectives
of the pilot training course are to:
Develop a model framework for future
community-based training.
Provide communities with knowledge that
will enhance their understanding of
opportunities for roles in
community-based monitoring and
environmental enforcement.
Establish partnerships with federal, state,
and local governments, community
groups, academic institutions and non-
governmental organizations.
Office of Ground Water and Drinking
Water Environmental Justice Stakeholder
Meeting
On March 12, 1998, the Office of Ground
Water and Drinking Water held a stakeholder
meeting to address environmental justice issues
arising from the implementation of the Safe
Drinking Water Act Amendments of 1996. The
meeting occurred simultaneously in eleven cities
via a video conference to increase the opportunity
for attendance. The meeting was held in: Boston;
New York City; Philadelphia; Atlanta; Chicago;
Kansas City; Dallas; Denver; San Francisco;
Edison, NJ; and Washington, D.C.
The purpose of the meeting was to
identify issues and solicit input from stakeholders
and the public at large on several proposed
drinking water regulations. Specifically, EPA
addressed efforts to develop new regulations for
radon, arsenic, ground water disinfection,
enhanced surface water treatment, disinfection
byproducts, and filter backwash recycling.
One hundred and sixty nine people
attended the meeting, of which sixty one were
EPA employees. The other stakeholders were
from environmental organizations, church groups,
community groups, tribes, public health
organizations, academia, industry, and the general
public. The stakeholders emphasized that: (1) the
health effects data should be the most heavily
weighted issue for setting standards; (2) EPA
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
2.13
-------
Chapter 2
Public Participation, Outreach, and Training
should try harder to reach out to minority and/or of governmental activities regarding public
low-income populations; and (3) EPA should participation, outreach, and training with respect
provide understandable information to the public to environmental justice. Rather, it is a
in a timely manner so that stakeholders have time "snapshot" of activities representing the
to respond and have their input become part of the transition to a collaborative and constructive
regulatory process. problem-solving approach. These examples
demonstrate the Office of Environmental
Justice's mission to engage the community as
earlier as possible in the process and to provide
them with the necessary tools to participate
meaningfully in the decision-making process.
To be sure, the activities described
above do not solely represent the entire universe
1998 Environmental Justice Biennial Report: June 1999
Moving Towards Collaborative/Constructive Problem-Solving 2.14
-------
Chapter 3
Assessment Methodologies, Community-Based Studies, Targeting, and Science
The proliferation of environmental justice
assessment methodologies and community-based
studies are another indication of the changing
nature of environmental justice at the Agency.
Rather than addressing allegations of
environmental justice issues on an ad hoc basis,
EPA has begun to systematically identify, assess,
prioritize, and allocate resources to review those
concerns.
In doing so, the Agency expects to manage
and deliver environmental information in a form
that is user-friendly to all segments of the public.
By providing information through various data
systems (e.g., Internet), educational materials, and
analytic tools, the Agency anticipates that the
accessibility of useful material will increase. In
turn, this increase of available data and tools will
allow communities to participate more
meaningfully in the environmental decision-
making process.
The following chapter presents a brief
synopsis of activities that have been performed in
enhancing our ability to quantitatively address
situations of environmental injustice.
Assessment Methodologies
Potential Risk Indexing System
The Potential Risk Indexing System (PRIS)
is a Geographic Information System (GIS) based
risk screening methodology that ranks areas of
concern (i.e., facilities, industrial sectors,
geographic areas) using multimedia chemical
releases data, chemical toxicities, and selected
demographics of surrounding populations. Coupled
with compliance history and complaint patterns,
PRIS may provide a comprehensive and interactive
information base for environmental justice
assessments, comparative risk analysis, and
enforcement actions. An interoffice workgroup
supports this project, including: EPA regional
offices, the Office of Research and Development
(ORD), the Office of Special Projects (OSP), and
the Office of Enforcement Compliance and
Assurance (OECA).
To access the data, the user specifies any
state in the continental United States (the
contiguous 48 states). The system automatically
creates a color-coded map showing areas of
relatively high release and toxicity, giving a
screening estimate of impact. The system also
contains census data to ascertain minority and
poverty demographics as well as several other
factors that may influence the relative vulnerability
of sub-populations.
Environmental Justice
Assessment Guidance
Environmental Justice GIS Application
Region 2
Region 2 developed an Environmental
Justice GIS application to support the Region 2
"Interim Policy on Identifying Environmental
Justice Areas" (IP). The GIS has a user-friendly
interface that provides Region 2 staff and managers
with a simple tool for going through the steps
outlined in the Draft IP methodology for
identifying environmental justice potential areas
of concern.
Currently, the IP pilot group is using the
GIS to test the approach. They have defined the
boundaries of five pilot communities using the GIS
and the demographic statistics for those
communities and analyzing the information in
comparison to reference communities. This
information will be used to determine the existence
of disproportionate environmental impacts. The
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
i.l
-------
Chapter 3
Assessment Methodologies, Community-Based Studies, Targeting, and Science
pilot group is currently investigating the utility of
different methods for assessing allegations of
environmental justice issues.
Region 5
Region 5 developed several tools for
regional staff to use for identifying and mapping
potential environmental justice areas/cases. One of
those tools is the Waste, Pesticides, and Toxics
Division's "Region 5 Mapping Data Assessment
Program with environmental justice Capability"
GIS program. This program, developed in
partnership with the Indiana Department of
Environmental Management, is an interactive GIS
tool available to Region 5 staff and the public via
the Internet.
Demographic Mapper
Region 3
Four divisions within Region 3 have
coordinated their efforts to create the Demographic
Mapper, a user-friendly GIS tool. The system
enables Region 3 to describe the demographics
surrounding a selected site and identify sites with
potential environmental injustice concerns.
The Demographic Mapper includes a series
of criteria to test the selected site for environmental
justice issues. These criteria were derived from the
Vulnerability Index (renamed PRIS - see above)
and include: (1) minority status; (2) poverty status;
and (3) other indicators of potential vulnerability
(e.g., age, education, household environments, and
employment status). The tool provides a consistent
approach to the identification of environmental
justice communities.
Interim Environmental Justice
Guidelines
Region 5
In June 1998, Region 5 released the
"Revised Region 5 Interim Guidelines for
Identifying and Addressing Potential
Environmental Justice Cases." This guideline
outlines a process for Region 5 management and
staff to use when determining whether an issue
should be considered a potential environmental
injustice case. The guideline also recommends a
variety of options (e.g., EPA-lead enforcement,
permitting, community involvement activities) to
address identified problems.
Stakeholder participation in the
development of the guidelines was an essential part
of the design. During the development of these
guidelines, Region 5 conducted a peer review
process, requesting review and comment from
more than 100 Federal, and state government,
tribal, community, industry, and academia
representatives. The Revised Interim Guidelines
document can be found on Region 5's
environmental justice home page at
httz>://www.ez>a.£ov/env]ustice/e] guidelines.html
Targeting Studies
Sector Facility Indexing Project
In 1998, EPA launched the Sector Facility
Indexing Project (SFIP). The SFIP is a program
that is intended to integrate and provide access to
more environmental information than has ever been
available before to the public. The SFIP profiles
approximately 650 individual facilities in five
industrial sectors: (1) automobile assembly; (2)
pulp manufacturing; (3) petroleum refining;
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
i.2
-------
Chapter 3
Assessment Methodologies, Community-Based Studies, Targeting, and Science
(4)iron; and (5) steel production and the primary
smelting and refining of aluminum, copper, lead,
and zinc (i.e., nonferrous metals).
Providing ready access to such data gives
communities the necessary information to engage
in constructive dialogue and to reach informed
decisions. Moreover, it also encourages industry to
take more responsibility regarding their activities
and the resulting impact on the environment. The
multimedia information included for each facility
includes: (1) the number of inspections; (2)
compliance with Federal regulations; (3)
enforcement actions taken; (4) chemical releases
and spills; (5) background on location; (6)
production capacity; and (7) the population of the
surrounding area. The SFIP assists in addressing
allegations of environmental injustice concerns by
giving both citizens and industry the knowledge to
work toward creating healthy communities and
social well-being. EPA also provides all users of
the SFIP the opportunity to comment on any aspect
of the project. The SFIP web site is available on
the Internet at http://www.epa.gov/oeca/sfi.
Public Access to Information
EPA has supported and enhanced the
public's ability to retrieve and analyze
environmental information that affects them on a
daily basis. EPA continues to improve the
Envirofacts Warehouse Internet access
(www. epa. gov/enviro]. Among other modifications,
the Agency has increased data availability
regarding facility-level permits under many
regulatory programs.
Additionally, EPA added an Enviro-
Mapper and Maps on Demand function to
Envirofacts. These new Internet tools will allow
users to map search/data results for their local
communities. This tool is available through the
Agency's web site at
http://www.epa.gov/enviro/html/amr.html.
EPA also opened the doors to the Center for
Environmental Information and Statistics site, a
clearinghouse for a wide variety of environmental
quality data, located on
http ://www.epa. gov/ceisweb 1/index.html.
In 1999, another enhancement has been
added to the information tools to make the data
more user-friendly for novice users. This
enhancement will also expand the mapping
capabilities to include the relevant health and
demographic data surrounding a facility. This tool
will be available through the Agency's web site
through Envirofacts at
http ://www.epa. gov/enviro/indexJ ava.html
Finally, public access to information about
enforcement and compliance records continues to
improve. The Integrated Data for Enforcement
Analysis (IDEA) allows the public to search
compliance and enforcement records. This tool
combines more than ten EPA databases, and
allows users to compare information in many
different ways. The year 1998 marked the
beginning of a new improved Windows version of
the IDEA system. Enhancements to the IDEA
system in 1998 included a new "Detailed Facility
Profile" that provides the inspection, violation, and
enforcement history of each facility, along with a
comprehensive demographic profile of the
surrounding area.
Targeting Federal Facilities
Enforcement
In June 1997, the Federal Facilities
Enforcement Office (FFEO) of OECA issued a
report entitled, "Environmental Justice
Enforcement Initiatives at federal Facilities." This
initiative combined the most current Toxics
Release Inventory (TRI) data, and data reported by
Federal facilities and enforcement and compliance
agencies to target facilities in low-income and/or
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
i.3
-------
Chapter 3
Assessment Methodologies, Community-Based Studies, Targeting, and Science
minority communities for enforcement and
compliance actions.
Targeting - Criminal Enforcement
Region 3
In 1996, the Office of Criminal
Enforcement, Forensics and Training (OCEFT)
requested the development of a tool that would
allow EPA criminal investigators to better screen
cases and decide which cases are located in
potential environmental justice areas. The result,
the "Demographic Mapper," allows users to type in
a site location and obtain an accurate demographic
picture of the area's minority and low-income
make-up.
The program officially debuted in FY 1998
and has been highly effective in creating
demographic maps and as a screening tool for
identifying potential environmental justice areas
of concern. As of this writing, the Demographic
Mapper program is being placed on CD ROMs to
be shipped to the regions.
Enforcement Targeting
Region 6
Region 6's enforcement targeting
procedure ranks industrial facilities by estimating
the potential risk each facility poses to human
health and the environment. The system evaluates
the population demographics of a community
located within a four-mile radius of TRI industries.
Each facility's air and water emissions are scored
to address the effects of cumulative impacts.
Communities in proximity to individual or
clustered TRI industries are identified and ranked,
based on the potential impacts of the industrial
facilities on each community. The methodology
calculates a "Human Health Risk Index" and an
"Environmental Justice Index." Those facilities
located in areas with a high Human Health Risk
Index and Environmental Justice Index scores are
targeted for inspection and enforcement activities.
Community Assessments
Study of Incinerators' Impacts,
Lawrence, Massachusetts
Region 1
Region 1 provided a grant to JSI, Inc., to
assist community groups in addressing
environmental issues in Lawrence, Massachusetts.
JSI is a public health, nonprofit, consulting firm
with extensive experience working with
community groups. The grant continues EPA's
collaboration with the Greater Lawrence
Community Health Network to assemble and
compile area health statistics based on
environmental data collected by different state
agencies. JSI will also develop a matrix of
community health and environmental data to
present to the community in order for residents to
identify data gaps or areas of additional concern.
South/Southwest Philadelphia
Environmental Health
Characterization Study
Region 3
In December 1994, Region 3 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 John Hopkins
University School of Hygiene and Public Health to
conduct an Environmental and Health
Characterization of South/Southwest Philadelphia.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
i.4
-------
Chapter 3
Assessment Methodologies, Community-Based Studies, Targeting, and Science
The purpose of the study was to determine the state
of the environment using existing databases and to
develop a health profile of the community.
During the course of the study, the Johns
Hopkins University (JHU) study team assembled a
Community Advisory Committee (CAC) composed
of representatives of federal, state and local
governments, community organizations and a
Science Advisory Committee (SAC) comprised of
representative of local universities and health
organizations.
The study, published in 1997, presented
recommendations such as improving and increasing
the links between the community, industry,
academia and government, as well as filling in the
gaps in the understanding of community exposures
by developing strategies to measure the level of
key pollutants in the environment.
South Baltimore Environmental justice
Community
Involvement Partnership Project
Region 3
South Baltimore EJ Community
Involvement Partnership Project
The project established a partnership among:
EPA; Region 3; Maryland Department of
Environment (MDE); the City of Baltimore; area
business and industry; and the residents of the
communities of Cherry Hill, Brooklyn, Brooklyn
Park, Curtis Bay, Fairfield, Hawkins Point, and
Wagner's Point.
This project focused on the use of
community cooperative partnerships to help EPA
address concerns of low-income and/or minority
communities. At a facilitated public meeting,
approximately two hundred community residents
from the South Baltimore area developed a list of
their environmental concerns and prioritized them.
Working groups (co-chaired by a community
resident and an area business or industry
representative) were formed to develop action
plans for environmental improvement. The Air
Subcommittee, for example, conducted a screening
exercise designed to inventory pollutants in the air
in South Baltimore.
Exposure Studies/Other
Mexican Border Human Exposure
Study
An international coalition including EPA,
the Republic of Mexico, and border states has
undertaken efforts to study and improve
environmental conditions along the U.S./Mexico
border. The EPA Office of Research and
Development, for example, is engaged in the
following projects which included an
environmental justice component:
The Border Health Alert and Disease
Outbreak and Environmental Health
Organization and Information.
The Lower Rio Grande Valley
Transboundary Air Pollution Project.
The Pesticide Exposure and Adverse
Health Effects in Young Children Along
the U.S. - Mexico Border.
The Retrospective Study on Pediatric
Asthma and Air Quality.
The Texas Neural Tube Defect Project.
The U.S.-Mexico Border Geographic
Information System (GIS) for
Environmental Health.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
i.5
-------
Chapter 3
Assessment Methodologies, Community-Based Studies, Targeting, and Science
The U.S.-Mexico Border XXI Initiative for
Pediatric Lead Exposure Identification and Risk
Reduction.
The National Human Exposure
Assessment Survey (NHEXAS) Border
Project.
Hazardous Air Pollutants in Urban
Areas
The Office of Air Quality Planning and
Standards (OAQPS) is in the process of developing
a draft strategy which will include a methodology
for identifying priority Hazardous Air Pollutants
(HAPs) in urban areas. Data will be drawn from a
wide variety of sources, and pollutants will be
analyzed on the basis of their toxicity and
exposure potential. The results, by area, will allow
the identification of possible environmental justice
hot spots.
The OAQPS expects the issue of
environmental justice to be an important
component of the risk identification and risk
management phase of the program. During the
development of the draft strategy, consideration
will be given to developing an outreach program to
address allegations of environmental injustice.
Community Conducted Air Monitoring
Portland, Oregon
EPA funded a research project which will
allow residents of northwest Portland, Oregon to
conduct air monitoring studies in their
neighborhoods. They will create an emissions
inventory of large point sources in the area. Small
sources will be mapped using the GIS database of
the local government. Sampling for gaseous and
particulate pollutants will be conducted by the
residents themselves with guidance from the
Oregon Department of Environmental Quality.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
-------
Chapter 4
Confronting Environmental Justice Problems
This chapter highlights a wide variety of
allegations of environmental injustice and their
solutions. The allegations described here include
those that communities have identified and those
which EPA found through some form of an
assessment. In many instances, EPA is working
with the communities and other stakeholders to
develop solutions. EPA believes that impacted
communities frequently have critical knowledge
and the requisite ability to help resolve local
environmental issues.
Pesticide Problems and Solutions
Pesticide Worker Protection
The Office of Pesticide Programs (OPP)
supports the implementation of the EPA's Worker
Protection Standards. The Department of Health
and Human Services '(HHS), Office of Migrant
Health, estimates that there are 2.7 million
migrant and seasonal farm workers and
dependents nationwide. Of that number, 800,000
are migrant farm workers and dependents who are
overwhelmingly minority (Hispanic) and low-
income.
OPP conducted a series of public field
hearings so that the EPA could hear directly from
growers and farm workers on issues of worker
protection. OPP published the transcripts of the
public hearings and began assembling lessons
learned for a report.
Other actions OPP has underway to
improve standards and/or their enforcement
include:
Revising exposure assessment standard
operating procedures to better
characterize pesticide exposure involving
spray drift and other residential
exposures. These exposures may occur
from pesticide use in nearby agricultural
areas or from agricultural workers who
may carry pesticide residues into the
home.
Assessing the implementation and
enforcement of the agricultural farm-
worker's protection regulation. The
assessment will include the establishment
of a worker protection group composed of
EPA, the Department of Agriculture
(USDA), the Department of Labor
(DOL), the HHS, state regulators, state
extension service safety educators, farm
worker advocacy groups, farm worker
service/training associations, agricultural
employer associations, farm worker
clinicians' networks, and others.
Co-funding the collection of actual data
on pesticide exposures in five states:
California, New York, Texas, Oregon and
Florida.
Initiating a multi-agency effort to create a
national plan for increasing training and
awareness among health care providers of
pesticide-related health conditions. This
initiative, "Pesticides and National
Strategies for Health Care Providers," is
led by the EPA in partnership with the
DOL, the HHS and the USDA.
DuPont Penalized for Violating Worker
Protection Standard
While EPA attempts to work with
stakeholders when a violation occurs, the Agency
also takes appropriate enforcement actions.
Federal law requires pesticide labels to warn
workers of risks and to direct them to take proper
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.1
-------
Chapter 4
Confronting Environmental Justice Problems
precautions. In a landmark decision issued April
30, 1998, an administrative law judge of the
Environmental Appeals Board imposed the largest
administrative penalty in the Agency's history
against E.I. DuPont de Nemours & Co. (DuPont)
for violating these requirements.
DuPont will pay $1.89 million for
ignoring EPA orders to stop shipping pesticides
with labels that omitted protective eye wear
warnings required by the Worker Protection
Standards (WPS). The WPS was promulgated
under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) in August 1992, to
reduce the number of pesticide-related illnesses
and injuries to agricultural workers from on-the-
job pesticide exposures.
Worker Protection Standard
Region 10
Region 10 collaborated with
representatives from state government, and
academic, industry, and nonprofit organizations to
assess and help ensure compliance with the WPS.
The collaborative group developed a bilingual
survey designed to determine the extent of farm
worker knowledge of existing regulations, the
extent to which federal regulations are
implemented, and the effectiveness of the
regulations once they are implemented. One
hundred and ninety-four surveys were completed
and analyzed. A Final Report and
Recommendations are expected in the latter part
of 1999.
Methyl Parathion Pesticide
Contamination
Region 5 found methyl parathion in
dozens of Chicago-area homes. Methyl parathion
is a pesticide, which is restricted by law, for use
on farm crops. Although methyl parathion is
highly toxic, it degrades relatively quickly
outdoors, it breaks down slowly indoors and
remains toxic for a much longer time.
The response to this problem included the
following actions: (1) testing residents to
determine the level of contamination; (2)
relocating residents from contaminated homes; (3)
decontaminating homes; and (4) restoring
homes to habitable conditions. In addition, the
illegal use of methyl parathion was found in
Lorain County, Ohio, and Wayne County,
Missouri, as well as in Mississippi, Louisiana,
Tennessee, and Arkansas.
Methyl Parathion Pesticide
Criminal Enforcement
Ruben Brown, doing business as Ruben
Brown Extermination and J. D. McKinley
Extermination, operated a pest extermination
business without state certification for several
years in the Chicago area. EPA investigators
executed an administrative search warrant at
Brown's residence on April 9, 1997, which led to
the seizure of containers of methyl parathion,
spraying equipment, and spraying records. The
records indicated that Mr. Brown had sprayed
more than 600 residences since 1991 in the
Chicago area.
Brown admitted spraying the residences
with methyl parathion between 1991 and 1996.
He also admitted selling bottles of methyl
parathion to individuals for spraying. The
spraying occurred in predominantly low-income,
African-American communities. Many of these
households included young children.
On December 9, 1997, Brown was
sentenced to two years in federal prison and one
year supervised release. As of March 11, 1998,
Superfund had expended $9.6 million for cleanup,
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.2
-------
Chapter 4
Confronting Environmental Justice Problems
relocation, and restoration costs associated with
Brown's actions. Total anticipated Superfund
expenditures are $12 .5 million.
Lead Problems and Solutions
Lead in Children
Exposure to lead can produce serious
health effects, particularly in children. Lead
poisoning can result in Intelligence Quotient (IQ)
deficiencies, reading and learning disabilities,
impaired hearing, reduced attention span,
hyperactivity, antisocial behavior, and other
problems. Years of using leaded gasoline and
lead-based paint have spread this metal liberally
throughout the environment. The problem is
particularly acute in urban areas, and in other
areas with older housing stock (pre-1978).
Studies from the Centers for Disease
Control indicate that nearly one million children
aged one to five have elevated blood lead levels.
The rates are highest among children who were
non-Hispanic blacks or Mexican-American, from
lower-income families. These families are living
in metropolitan areas with a population greater
than one million, or living in older housing.
Title X (Residential Lead-Based Paint
Hazard Reduction Act of 1992)
Title X (Residential Lead-Based Paint
Hazard Reduction Act of 1992) directed EPA to
develop a national strategy to: (1) eliminate lead-
based paint (LBP) hazards in housing; (2)
establish a framework for LBP hazard evaluation
and reduction; (3) mobilize national resources; (4)
partner with all levels of government and the
private sector; and (5) educate the public
concerning the hazards and sources of LBP
poisoning and ways to reduce or eliminate them.
Consistent with this mandate, the Agency
established the National Lead-Based Paint
Professionals Training & Certification Program.
This is an ambitious program designed to promote
standardized training and certification programs
nationwide. Twenty-nine states are expected to
have authorized programs by September 1999,
with EPA running the programs in the remaining
twenty-one states.
EPA has undertaken a significant
technical program to promote the safe, effective,
affordable monitoring and detection of lead in
paint, dust and soil, and to abate or remove
lead-based paint hazards in homes. More than 20
studies have been conducted over the past six
years to evaluate the effectiveness of: low-cost
abatement methods; lead detection technology;
in-home education on reducing blood lead levels;
and dust cleaning products on various surfaces.
In addition, studies were conducted to measure the
effects of renovation and remodeling activities on
home occupants and workers. These efforts
helped form the basis for different regulatory and
policy decisions made by the Agency since the
passage of Title X.
While EPA has made significant strides
over the past twenty years to prevent childhood
lead poisoning, the extensive need continues for
outreach, education, technical studies, and new
rules designed to protect human health and the
environment. Examples of outreach and
education include the following:
The Lead HotlineNational Lead
Information Center - an 800 number (1-
800-424-LEAD) to provide the public
access to information regarding lead
hazards. A lead web site is also available
to the public:
httv://www. eva. gov/lead.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.3
-------
Chapter 4
Confronting Environmental Justice Problems
"Lead in Your Home: A Parent's
Reference Guide," published in order to
provide parents with useful information
on lead in the home.
Tribal Lead Hazard Program
Development Grants - Grants awarded to
seven tribes for infrastructure
development and identification of high
risk communities.
National Cinema Pilot Project - This
movie about lead is running in: 17 states;
57 cities; 510 screens; 1,530 screenings
each day; and 45,900 viewings each
month. The pilot program has the
potential for reaching an audience of
almost one-half million people.
"Runs Better Unleaded" - A new lead
awareness poster has been developed to
raise public awareness for childhood lead
poisoning prevention.
Significant Regulations from Title X
Pre-renovation Information Rule - This
rule, which was published on June 1,
1998, requires housing renovators to
provide, prior to commencing renovation,
a lead hazard information pamphlet to
owners and occupants of pre-1978
housing stock. This rule became final on
June 1, 1999.
Identification of Lead-Based Paint
Hazards, Lead-Contaminated Dust, and
Lead-Contaminated Soil Rule - This rule
establishes standards for identifying lead-
based paint hazards, lead-contaminated
dust, and lead-contaminated soil. EPA
proposed the regulation on June 3, 1998.
EPA will revise the proposed regulation
based on the comments received and then
publish the final regulation and
accompanying guidance.
Management and Disposal of Lead-Based
Paint (LBP) Debris - HUD, DHHS,
several states, advocacy groups, and the
regulated community have expressed
concerns about the costs of testing and
disposal of debris containing lead-based
paint under RCRA. The cost is a
significant obstacle to the financing of
lead abatement. The new standards
proposed by TSCA allow LBP debris to
be managed and disposed of in a more
consistent and less costly manner. The
rule was proposed in December 1998.
Buildings, Bridges, and Structures - EPA
is developing regulations for lead-based
paint activities in commercial and public
buildings and structures, such as bridges
and water tanks. EPA expects to publish
a proposed rule in September 1999.
Renovation and Remodeling (R&R) Rule
- EPA is developing regulations for R&R
activities in target housing. These
regulations will revise the training and
certification regulations of 40 CFR 745
subpart L to include those R&R activities
which create a lead-based paint hazard.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.4
-------
Chapter 4
Confronting Environmental Justice Problems
Lead Projects - Region 1
Region 1 has initiated the following projects:
An English as a second language
curriculum that teaches immigrants about
Lead Poisoning Prevention and urban
dangers.
Region 1 worked with other
governmental, community and private
sector experts to produce the following
guidance documents: "Healthy Yard, Is
Your Yard Lead Proof?"; "Controlling
Lead in Soils, Soil Abatement
Specifications"; and "Informational
Report of the Lead in Soils Charette."
The guidance documents are targeted
toward landlords, tenants and
homeowners and were funded by the
Northeast Pb Initiative.
Region 1 funded EPA a project designed
to monitor and abate lead in Spanish and
Creole speaking communities. Among
other activities, lead in soils is tested and
graduates of the Boston Urban Gardeners
"City Gardner Certificate Program" do
the physical restoration work. The
project builds on the work of the Boston
Urban Environment Initiative (UEI),
which was conducted over the last several
years. Grantees include the Bowdoin
Street Health Center, Boston University
School of Public Health, and Garden
Futures.
Environmental Justice Community
Grants - Region 3
During 1996 and 1997, Region 3 awarded
two environmental justice grants to community
groups for lead-based paint projects. Region 3
awarded the grants to Tinbridge Hill
Neighborhood Council in Lynchburg, Virginia
and the African American Men on a Mission in
Baltimore, Maryland. The two groups developed
activities to promote awareness of the dangers of
lead-based paint. Both groups provided
opportunities for young adults to receive training
and education on lead poisoning prevention. They
distributed lead cleaning kits to families, provided
education on how to improve residential cleaning
methods, and tested homes for lead using a dust
wipe test. The Tinbridge Hill group also
developed and performed in a video program
geared to educate people on proper lead dust
reduction cleaning techniques.
Enforcement of Lead Paint Notification
Requirements
EPA issued its first administrative civil
penalties against alleged violators of the "Real
Estate Notification and Disclosure Rule"
(Disclosure Rule), under the Residential Lead
Based-Paint Hazard Reduction Act of 1992. The
four complaints have penalties totaling $439,725
and involved properties occupied by families with
young children. EPA and the Department of
Housing and Urban Development (HUD)
promulgated joint regulations, effective
September 6, 1996, for the disclosure of
information regarding lead-based paint in housing
built before 1978.
Under the Disclosure Rule, sellers,
landlords, and agents must provide purchasers and
tenants with an EPA-approved lead hazard
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.5
-------
Chapter 4
Confronting Environmental Justice Problems
information pamphlet. The Disclosure Rule also
gives purchasers a ten-day period to inspect
housing units for the presence of lead-based paint
and associated hazards. Finally, the Disclosure
Rule requires that sale and leasing contracts
include certain notification and acknowledgment
language.
Subsistence Populations
Problems and Solutions
The standards used for determining safe
levels of contaminants in fish may not fully
address the habits and customs of certain
communities that depend upon fish for a major
source of protein in their diet. These groups,
which can include, among others, Native
American, African American, Asian, and low-
income communities, frequently consume greater
quantities of fish, and different varieties of fish,
than the population used for setting consumption
standards. See "Environmental Equity: Reducing
Risks for All Communities," (EPA 1992) pp. 12-
14. These groups also consume parts of the fish
(e.g., skin, fat, head, tai and liver) that contain
higher pollutant levels than the portions of fish
eaten by the general population. Therefore, these
groups are at a comparatively higher risk for
adverse health effects resulting from fish
consumption than the general population, as a
whole.
Subsistence Populations
Subsistence fishers, particularly Native Americans,
African-Americans, Asian-Americans and low-income
fishers consume greater amounts of fish than the
population used to determine the "standards" for safe
levels of contaminants in fish. These populations may
consume parts of the fish (e.g., skin, fat, and liver) that
contain higher pollutant levels, and are therefore at
higher risk for health effects due to higher exposure.
Several projects sponsored by Region 10
are examining consumption habits of various
populations to determine the degree of risk to
these populations. EPA has also summarized
available studies on fish consumption for various
recreational and subsistence fishers in its
"Technical Support Document for the Ambient
Water Quality Criteria Derivation Methodology
for Human Health," (USEPA July 1998, EPA-
822-B-98-005).
Great Waters Program
Region 5 is the lead region for the Great
Waters Program, a consortium of groups, which
studies the effects of atmospheric deposition of
toxic air pollutants into the Great Lakes and other
water bodies.
Elevated levels of mercury,
polychlorinated-biphenyls (PCBs), and
dioxin/furan in fish tissues have been linked, in
some cases, to atmospheric sources of these
pollutants. The populations most at risk are
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.6
-------
Chapter 4
Confronting Environmental Justice Problems
Native Americans, African-Americans, Asian-
Americans and low-income fisherman who
consume large quantities of contaminated
fish.
Fish Consumption Advisories
The states and tribes report information to
EPA's Office of Water (OW) on the development
and issuance of fish consumption advisories. This
information is used to develop the "National
Listing of Fish Consumption Advisories." The
listing has recently added fish tissue data used by
the states and tribes for making advisory
determinations. The National Listing of
Advisories includes tissue data submitted by eight
states, which should increase in the future. The
database is currently available for downloading at
the Internet site:
httv://www. eva. gov/OST/fishadvice.
, CKAIi
AND SHELLFISH MO.V
BE UN5A.FE TO EAT
DUE TO POLLUTION
In 1997, EPA issued the first "Federal
Fish Consumption Advisory" designed to protect
individuals consuming fish from the Great Lakes
bordering the State of Michigan. EPA used fish
tissue data provided by the state.
Mexican Border Problems and
Solutions
For the people living along the U.S.
border with Mexico, there continues to be a
special set of problems and circumstances. Many
people living along the border are poor, non-
English speaking, and not U.S. citizens, who
reside in communities known as Colonias.
Colonias are Hispanic rural neighborhoods and
unincorporated subdivisions in or near cities in
Texas, New Mexico, Arizona, and California
along the U.S.-Mexico border. As a result, they
make up some of the least politically empowered
and uninformed communities on environmental
issues in the country.
Texas and New Mexico Colonias
Program
Public health and environmental problems
created by the lack of safe drinking water and
sewer services are affecting unincorporated
communities located along the U.S./Mexico
Border. The State of Texas has identified 1,500
Colonias representing 350,000 people. The State
of New Mexico estimates 20,500 people live in
Colonias, within the state.
The Regional Colonia Assistance
Program, as part of the U.S./Mexico Border
environmental program, has provided grant funds
to Texas and New Mexico to assist with needs
identified for wastewater and plumbing. During
fiscal years 1993 to 1998, Congress appropriated
a total of $315.3 million for Texas and $20.2
million for New Mexico. To date, the total
federal commitments for wastewater projects
completed or currently underway represent more
than $230 million in Texas and $8 million in New
Mexico. More than 150,000 people living in the
Colonias will benefit from these programs.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.7
-------
Chapter 4
Confronting Environmental Justice Problems
Colonia Enforcement Initiative
The Region 6 Colonia Enforcement
Initiative is committed to looking for cases where
developers are responsible for contamination of
underground sources of drinking water. When
the Colonias are built, the purchasers are
promised proper sanitary services. However, they
often have substandard wastewater facilities
which contaminate local groundwater and threaten
the water supply.
Using the emergency powers of the Safe
Drinking Water Act, Region 6 can take action
against the developers. The U.S Attorney filed a
civil complaint, on behalf of the EPA
Administrator, against developers Rio Bravo
Farms, Ltd., et. al (Pecotos Corp., Cuna del Valle,
Ltd. and CDV Investments). The developers
agreed in a consent decree, filed April 17, 1997, to
provide residents with immediate/temporary
access to a public water source and a permanent
connection to public water. As of January 1,
1999, a public water system is serving eighty six
out of eighty eight residences.
Concentrated Animal Feeding
Operations
Over the past several years, Concentrated
Animal Feeding Operations (CAFOs) have been
at the center of a number of environmental justice
complaints and highly visible ecological
problems.
To address these problems, EPA is
revising effluent guideline regulations for CAFOs.
The Agency promulgated the existing regulation
in 1974, and required zero discharge from
CAFOs with more than 1,000 animal units.
However, the regulations did not specifically
address the land application of the manure from
the CAFO, which has become a significant
environmental issue today. Runoff from
excessive or improper application of manure can
be a significant source of pollution.
EPA is also revising the implementing
regulation which specifies how CAFOs are
permitted through the National Pollutant
Discharge Elimination System (NPDES). The
effluent guidelines regulation will be revised in
two phases. The first phase will address swine
and poultry CAFOs. Those regulations are
scheduled to be proposed in December 1999. The
second phase will address dairy and beef cattle
CAFOs, and will be proposed in December 2000.
The revisions to the implementing regulation are
scheduled to be proposed in conjunction with the
swine and poultry effluent regulation.
Animal Feeding Operations
"Feedlots" have been at the center of a number
of environmental justice complaints and highly
visible ecological problems (e.g., new hog
operations in poor African-American
communities in eastern North Carolina and the
possibility of pfiesteria outbreaks).
EPA, in conjunction with the USDA,
issued a strategy paper for controlling pollutant
releases from CAFOs on September 11, 1998.
The strategy can be found on EPA's web site.
.http ://www. epa. gov/owm/afo. htm.
While the current regulations are being
revised, EPA and the states are working to better
implement the current regulations. Better
compliance is a major part of the new
implementation strategy. In March 1998, the
Office of Enforcement and Compliance Assurance
issued a multi-year plan for the Agency's
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.8
-------
Chapter 4
Confronting Environmental Justice Problems
compliance efforts for CAFOs. Coordination with
states through their development of state
compliance strategies is key to meeting the goal of
inspecting all facilities and addressing
environmental justice concerns.
Communities With Multiple
Problems: Working Toward
Solutions
Many communities have numerous
environmental problems to deal with. The
following are examples of communities trying to
help solve their problems through empowerment,
partnerships with government and industry, and
community-based assessments of their
environment. Often EPA assists these efforts by
awarding grants to the communities taking action.
Child Health Champion Campaign
(CHC)
The City of Prichard, Alabama has a
population of 34,000 - 80% percent of which is
minority, with 44% living below the poverty level.
A significant number of children have blood lead
levels exceeding the Centers for Disease Control
threshold of concern. Prichard is also in one of
the top ten contaminated counties in the country
based on Toxic Release Inventory (TRI) data.
Eight Mile Creek, which meanders through the
city, is considered the most contaminated
watershed in the state.
Prichard received, in cooperative
agreement funding $35,000 from EPA, for the
first phase of the Child Health Champion (CHC)
Campaign. This new pilot program will provide
$135,000 over a two-year period to help identify
and prioritize sources of environmental risks to
children. The CHC will then implement actions
to address those concerns. The City of Prichard
is also a brownfields pilot project and a recipient
of an Environmental Justice Grant from the Office
of Environmental Justice to identify, disseminate
information about, and address environmental
threats.
Baltimore Urban Environmental
Initiative
The Baltimore Urban Environmental
Initiative, is a major project being conducted in
Baltimore, in cooperation with the Maryland
Department of the Environment (MDE), the
Baltimore City Health Department, and the
Baltimore City Planning Department. This
cooperative effort will identify and rank areas of
disproportionate risk. It will use this information
to implement risk reduction, pollution prevention,
public awareness, and other activities. Grants
awarded to the City of Baltimore and the MDE
have already lead to the development of a number
of projects designed to address environmental
concerns. The initiative has:
Provided more than five thousand lead-
dust cleaning kits and training to citizens
living in areas at high-risk for lead-based
paint exposure. Lead awareness and
education videos have been completed
and provided to health care agencies in all
twenty-four Maryland subdivisions. A
study to evaluate the effectiveness of
these cleanups is nearing completion.
Provided training to heating, ventilating
and air conditioning workers in the
Baltimore City public schools. The
training will help to improve indoor air
quality in the schools by improving the
efficiency and operation of school heating
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.9
-------
Chapter 4
Confronting Environmental Justice Problems
and cooling systems. An
evaluation program to measure
the program's effectiveness has
been completed.
Provided a grant to the MDE for a
comprehensive fish consumption survey
of subsistence fishermen in Baltimore
Harbor. The survey data are being used
to develop education and outreach
strategies for the area regarding
subsistence fishing and fish consumption,
as well as to provide valid fish
consumption data for risk estimates.
Assessment of crab consumption is
underway at this time.
Developed a system to inventory and
maintain a hazardous waste database for
businesses in Baltimore. This project was
completed in conjunction with the
Baltimore City Fire Department, the
Baltimore City Departments of Health
and Planning, the MDE, and regional
personnel.
South Baltimore Community
Environmental Partnership
Three years ago, EPA initiated a pilot
community partnership project in south Baltimore
and northern Anne Arundel County with
residents, local businesses, and local, state, and
Federal agencies. The project seeks to identify,
assess, and address the community's
environmental issues. Environmental concerns
include the high level of concentration of
industrial and waste treatment facilities and
brownfields site in the area. The partnership has
achieved some notable accomplishments:
Harnessed a tremendous amount of
volunteer effort to improve the
community. Hundreds of school children
and parents have participated in two
major park cleanups.
Initiated a major environmental
restoration project for the Masonville
Cove area, strengthening the
community's link to the Chesapeake Bay
and making available to the community a
priceless natural resource.
Generated the first comprehensive model
of the cumulative concentration of air
toxics from all of the industrial and
municipal facilities in the area.
Brought together a wide range of
individuals, government agencies,
businesses, and organizations to help the
community address its problems.
Permits - Environmental Justice
Problems and Solutions
Bio-Oxidation, Inc.,
Harrisburg, Pennsylvania
A potential environmental injustice was
averted in Summer 1999. As a result of an
educated public protest and media attention, along
with Region 3's early advisory role to
Pennsylvania, Bio-Oxidation, Inc. voluntarily
withdrew their permit application for the
construction of an infectious medical waste
autoclave facility in Harrisburg, Pennsylvania.
The facility was proposed for a low-income
African American community, without full
consideration of the community's health and
quality-of-life issues. The facility would also
have greatly increased truck traffic in the area
around the plant, as well as in an African
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.10
-------
Chapter 4
Confronting Environmental Justice Problems
American neighborhood across town.
Pilgrims, Pride Walker Creek Project
During the permitting process for the
Pilgrim's Pride Walker Creek chicken processing
plant in Camp County, Texas, issues were raised
about impacts on an Indian burial site. The Texas
Historical Commission and the Caddo Indian
Tribe of Oklahoma sought resolution under the
National Historic Preservation Act (NHPA).
A Memorandum of Agreement (MOA)
between Pilgrim's Pride Walker Creek (permittee)
and the Texas Historical Commission required the
inclusion of the Caddo Indian Tribe in the
activities at the site. The permittee was required
to comply with the MOA for continued coverage
under the National Pollution Discharge
Elimination System (NPDES) general permit for
storm- water discharges from construction
activities.
EPA is working jointly with all parties to
integrate conditions established by the Texas
Historical Commission and the Caddo Tribe,
under the NHPA, to preserve identified and
suspected funerary objects and possible human
remains at the Walker Creek construction site.
Supplemental Environmental
Projects
As part of the settlement of an
enforcement action, violators may volunteer to
undertake supplemental environmental projects
(SEPs). The performance of such activities may
lower their cash penalty payment. These SEPs are
designed to redress adverse consequences or take
actions that are broader than a penalty alone. An
acceptable SEP must improve, protect, or reduce
risks to public health or the environment. One
important legal requirement of a SEP is that there
is a direct relationship between the SEP and the
violation at issue. Affected communities can be
consulted on proposed environmental justice
provisions and, in some cases, derive
environmental benefit from the SEP. As EPA
continues to explore SEP provisions, the Agency
believes that SEPs can be used as a means to
promote community involvement in protecting
and enhancing the public health and the
environment.
The Agency developed and issued a SEP
brochure, entitled "Supplemental Environmental
Projects". The brochure defines the legal
requirements for a SEP, the categories of
acceptable SEPs and the opportunities to
participate in the SEP process. Copies of the
brochure are available from the EPA Enforcement
and Compliance Docket and Information Center
(ECDIC). Please refer to Docket No. ECP 1998-
159.
The Sewage and Water Board of New
Orleans Consent Decree
As part of a June 1998 consent decree,
credit was given to the Sewage and Water Board
of New Orleans for a SEP. The SEP required the
Board to address water quality issues in the Lake
Pontchartrain area surrounding Lincoln Beach, a
historically African-American recreational beach
in New Orleans. The beach had been abandoned
for many years. The Board, in concert with other
New Orleans area organizations, proposed to
rehabilitate the beach area and lake to allow
recreational bathing. Given the location of the
restoration area and the population and economic
demographics of the surrounding area, this project
was determined to have significant environmental
justice benefits. The restored beach will provide
both recreational opportunities and an
environmental education resource for local
citizens.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.11
-------
Chapter 4
Confronting Environmental Justice Problems
Weirton Steel Corporation
Community residents participated in a
$6.4 million settlement between Region 3 and
Weirton Steel Corporation in Weirton, West
Virginia. This enforcement action involved
numerous criminal and civil violations of
environmental laws. Under the provisions of the
SEP, the Weirton Steel Corporation will install
new air pollution control technology for its blast
furnaces and collect meteorological data for air
quality planning purposes. Neither action is
required by law nor regulation, and both will
improve area air quality and benefit the
community.
remedial authority is being used. It does not affect
previous remedy selection decisions, nor does it
limit potentially responsible party (PRP) liability
under CERCLA. PRPs may agree independently
with residents (or business owners) to relocate
them, as long as the relocation neither
compromises, nor interferes with EPA's sanctions
at a site.
The major points of this interim policy are:
EPA's preference is to address the risks
posed by the contamination by using
well-designed methods of cleanup which
allow people to remain safely in their
homes and businesses;
Relocation Problems and
Solutions
Many communities around the country
believe the best solution to their problems would
be for the community to be relocated to another
area. While this may be their preferred solution,
most often they cannot afford to move, because
their homes have been devalued because of the
environmental problem. Therefore, they seek to
get outside assistance to relocate, usually from
EPA. To address this issue, the Agency examined
the problem further.
The National Relocation Policy
The Office of Emergency and Remedial
Response (OERR) worked closely with the
National Environmental Justice Advisory Council
on the development of a National Superfund
relocation policy. This interim policy will provide
direction to EPA regional decision-makers on
when to consider permanent relocation as part of
a Superfund remedial action. This policy applies
to National Priorities List (NPL) sites where
EPA may consider a permanent relocation
alternative as part of the Feasibility Study
(FS) should certain site conditions, such
as those described in this policy, be
encountered;
EPA should involve the community early
in the process and keep residents
informed of activities at the site; and
EPA cannot conduct a permanent
relocation of tribal members without
tribal government concurrence.
EPA anticipates developing a final policy after
receiving public comments. Feedback generated
by the regions using the interim policy and from
stakeholders who offer comments will be
incorporated into the final document.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.12
-------
Chapter 4
Confronting Environmental Justice Problems
Other Problems and Solutions
Use of Mercury in Religious Rituals and
Folk Medicines
Region 5
A pilot study by the Office of Hispanic
Affairs, Chicago Department of Public Health,
found that mercury is being used in religious
rituals and as folk medicines in Chicago's
Hispanic community. The study, conducted with
the assistance of a grant from the Region 5 Air
Quality Program, found that mercury or "azogue"
is readily available in Chicago in religious goods
stores called "botanicas". The mercury is often
used to cure ailments and provide perceived
spiritual benefits. These uses of mercury could
result in dangerous levels of exposure from vapor
inhalation and ingestion. This study is the first to
confirm significant use of mercury in the
Midwest. A follow-up outreach effort will
provide the affected Hispanic community with
information on the dangers of mercury use.
Model Tribal Environmental Policy Act
Region 10
The Tulalip Tribes of Washington State
used an EPA grant to develop a model Tribal
Environmental Policy Act (TEPA), similar to the
NEPA. The TEPA was developed to help the
tribes balance the competing demands of
economic development and environmental
protection.
The project produced several products:
(1) a model TEPA that tribes can use when
reviewing development proposals; (2) a pollution
prevention reference chart for tribes to use in
conjunction with TEPA and NEPA activities; and
(3) a training curriculum to enhance tribal
understanding of, and effectiveness in, the federal
NEPA processes. The model TEPA has been so
successful that requests from other tribal
governments have inundated the Tulalip Tribes
for assistance.
Alta Sita Neighbors
Region 5
This project facilitated neighborhood
residents' involvement in the cleanup and
maintenance of vacant lots in the poor, minority
neighborhood of Alta Sita in East St. Louis,
Illinois. Workshops were held for residents to
learn the health risks associated with illegal
dumping and instructed them on how to remediate
these conditions.
Residents developed a list of illegal
dumping sites in the neighborhood, determined
who owned those contaminated lots, prioritized
the list of lots, and obtained consent from the St.
Clair County Board of Trustees to clear the
privately owned lots.
Block captains were trained to serve as
the collection point for suggestions, comments,
and information about code enforcement. They
also lead efforts to manage and resolve problems
which arose. The project enjoyed so much
success that the City of East St. Louis cleared an
additional eight vacant lots of debris and initiated
an ongoing campaign against illegal urban
dumping.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.13
-------
Chapter 4
Confronting Environmental Justice Problems
Heritage College, Toppenish Basin,
WA
Region 10
The primary purpose of this Office of
Environmental Justice small grant project was to
determine the current extent of pesticide and
fertilizer contamination in the groundwater of
Toppenish Basin. The Toppenish Basin is the
second largest of four basins in the area and has
the heaviest concentration of agriculture and
industry on the Yakima Indian Reservation. This
effort helped to identify areas where residents are
exposed to contaminated drinking water and target
areas for further work. The project also provided
on-the-job training for environmental science
students so that the students can develop local
expertise for ongoing monitoring of water
activities on the Yakima Indian Reservation.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
4.14
-------
Chapter 5
Environmental Justice at the Federal Level
This chapter describes specific
environmental justice projects, programs, and
accomplishments closely associated with EPA.
These actions include activities taken by other
Federal agencies, interagency cooperative
programs, and implementation of the National
Environmental Policy Act (NEPA) in the context
of environmental justice.
NEPA Implementation
As environmental justice programs
evolves, federal agencies have started to
coordinate better under the NEPA process. This
coordination typically occurs at the regional level,
where the federal action is taking place and the
stakeholders are located. To establish closer ties
and to understand better each other's processes,
regional offices of the federal government have
begun coordinating and meeting on an ongoing
basis.
President Clinton specifically recognized
the importance of identifying and addressing
environmental justice concerns through the NEPA
process. In his Presidential Memorandum, dated
February 11, 1994, accompanying the Executive
Order 12898, President Clinton required,
"...each federal agency [to]
analyze the environmental
effects, including human health,
economic and social effects, of
federal actions, including effects
on minority communities and
low-income communities ..."
The Presidential Memorandum
emphasizes the importance of NEPA's public
participation process, and directs "each federal
agency [to] provide opportunities for community
input in the NEPA process." The Presidential
Memorandum further directs agencies to
"identify potential effects and mitigation
measures in consultation with affected
communities, and improve the accessibility of
meetings, crucial documents, and notices."
Almost immediately after President
signed the Executive Order, the Council on
Environmental Quality (CEQ) began developing
the "Environmental Guidance Under the
National Environmental Policy Act" (NEPA
Guidance). The NEPA Guidance underwent
extensive review, both inside and outside the
government, and was issued on December 10,
1997. The document is available through the
Internet.
http://ceq.eh.doe.gov/nepa/nepanet.html.
Other federal agencies have issued their
own environmental justice NEPA guidance
documents. The guidance for each agency
applies the principles set forth in the CEQ
NEPA guidance to situations likely to arise
under their areas of jurisdiction. Web sites for
the other agencies' guidance can be found on
httv://www.eva.g.ov/oeca/ofa/nevaweb.html
NEPA Environmental Justice
Examples
King William Reservoir
King William County, Virginia
The Regional Raw Water Study Group
(RRWSG), a consortium of local governments
on Virginia's Lower Peninsula, proposed the
construction of a dam, fresh water reservoir, and
a pumping station in rural King William
County, Virginia. The dam would create a
1,500 acre reservoir on Cohoke Creek by
pumping water from the Mattaponi River.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.1
-------
Chapter 5
Environmental Justice at the Federal Level
The proposed project, if implemented,
would impact the social structure and sense of
community of the Mattaponi and Pamunkey
Indian tribes (the State of Virginia acknowledges
these tribes, but the tribes do not have federal
recognition). Construction of the reservoir and its
potential secondary impacts, such as residential
development, raises issues related to the
preservation of the cultural, spiritual and
archaeological integrity of the tribes.
The project would also result in the loss
of 437 acres of wetlands in the Cohoke Mill Creek
watershed. The construction of the reservoir
would take place within the three-mile buffer zone
of the Mattaponi Indian Reservation.
The tribes' legal argument relies, in part,
on a 1677 state treaty which does not allow any
encroachment within a three-mile radius of the
reservation. The tribes contend that if the state
constructs the reservoir they will lose a fish
hatchery. Fish hatcheries are a vital part of their
cultural heritage and important for maintaining
their way of life. The Mattaponi maintain that the
reservoir will threaten their historical use of the
river and the land within the Cohoke watershed.
On July 1997, EPA Region 3 commented
on the Final Environmental Impact Statement
(FEIS). The Agency found that the FEIS did not
contain a complete analysis of the impact the
reservoir's construction would have on the
environmental justice communities in the area
(i.e., according to the President's Executive Order
on Environmental Justice). Nor did the FEIS
provide analysis on a valid wetlands replacement
plan. Based on this finding, EPA requested that
the Norfolk District of the Army Corps of
Engineers require a supplement to the FEIS
focusing on the wetland mitigation issues and the
Native American cultural issues.
The Army Corps of Engineers
completed a study on the cultural impact to the
tribes and issued a letter, dated June 4, 1999. In
that letter, the Army Corps of Engineers
specifically stated that: "Because the proposed
reservoir is located between Virginia's only two
American Indian Reservations, and the
proposed intake is located upstream of the
Mattaponi Reservation, the project has the
potential to result in disproportionately high and
adverse environmental effects to this minority
population as described by Executive Order
12898."
Region 3 continues to stress the need to
consult with and recognize the concerns of the
Mattaponi and Pamunkey Tribes, as well as the
African American community within the area of
concern.
Proposed Outlet from Devils Lake,
North Dakota
Devils Lake is located in a closed basin
in north central North Dakota. The surface area
of Devils Lake, bordering the town of Devils
Lake and the Fort Totten Reservation, has
doubled since 1993. Impacts from flooding
have been borne by the Devils Lake community
as well as parts of the Spirit Lake Sioux tribal
reservation. The Army Corps of Engineers is
considering construction of an emergency outlet
to drain Devils Lake into the Sheyenne River.
The Army Corps of Engineers released a
scoping document for an Environmental Impact
Statement. EPA Region 8 is a cooperating
agency in the NEPA process.
The Canadian government has
expressed concerns about the proposed outlet
and its potential effects on the Sheyenne River,
which flows into the Red River of the North.
Representatives of some low-income
communities along the Sheyenne River have
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.2
-------
Chapter 5
Environmental Justice at the Federal Level
raised concerns about downstream impacts to
areas that the 1997 floods on the Sheyenne and
Red Rivers severely impacted. In addition, some
members of the Spirit Lake Tribe have expressed
opposition to the proposed outlet. The opposition
is based on their concern for the spiritual value of
the lake and what they see as interference with a
natural process gone awry due to poor wetlands
management practices in the Upper Basin.
The Region 8 Environmental Justice
Program recognized the potential for
environmental justice issues and responded in two
ways. The Environmental Justice Program used a
social impact assessment methodology to
determine the potential for environmental justice
issues related to the outlet and overall water
management in the Devils Lake Basin. The study
was designed in collaboration with the Army
Corps of Engineers staff. Input was also received
from the State of North Dakota, the local sponsor
of the project. This qualitative study will provide
data about potential environmental justice issues
in the Devils Lake area. The data may also be
used to inform the Army Corps of Engineers
report to Congress, and its subsequent EPA
documentation. A number of tribal members were
included as participants of this study and were
asked for their ideas and input on the study itself
as part of the interview process.
Secondly, Region 8 staff is working with
the Army Corps of Engineers to ensure
compliance with NEPA. Through the efforts of a
sociologist hired by the Region 8 Environmental
Justice Program, a social impact assessment
methodology will be used to determine whether
environmental justice issues exist in the Devils
Lake Basin.
Bell Farms, Mellette County,
South Dakota - Region 8
Bell Farms and the Rosebud Sioux Tribe
have entered into a partnership to build and
operate what will be one of the largest hog
production facilities in the country. The facility
will deliver 859,000 hogs to market annually,
and produce the manure/sewage equivalent of
about two million people. The facility is being
built on lands held in trust for the Rosebud
Sioux Tribe that are located outside the
reservation boundary, in Mellette County, South
Dakota. The Department of the Interior's
Bureau of Indian Affairs' (BIA) act of entering
into a lease on behalf of the Tribe was subject to
NEPA. On August 14, 1998, the BIA released
a Final Environmental Assessment and Finding
of No Significant Impact (FNSI) for the action.
On October 15, 1998, EPA submitted a
letter to the BIA detailing its comprehensive
environmental concerns, including concerns
relating to ground water, public access to
information, and environmental justice
concerns. The public and tribal members
voiced a significant amount of opposition to the
project. A preliminary request for an injunction
has been filed in federal district court on behalf
of local and national environmental and animal
welfare groups who oppose the project.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.3
-------
Examples of Interagency
Cooperation
Chapter 5
Environmental Justice at the Federal Level
activities across the Federal government and
provide an update to Federal agencies in the
western regions.
Note: Additional examples of interagency
cooperation can also be found in the "outreach,"
"assessment," and "solutions" sections and in the
"other agency section" below.
Regional Interagency Work Group on
Environmental Justice - Region 8
In 1997, Region 8 hosted two meetings of the
Denver Federal Executive Board's Task Force on
Environmental Justice. At the first meeting,
participants identified a need for environmental
justice training and discussion of related topics.
At the second meeting, held in October 1997,
Region 8 presented an environmental justice
training workshop for the other Federal agencies
in attendance. Future environmental justice topics
the Task Force would like to address are: (1)
issues for land management agencies; (2) urban,
tribal and rural issues; (3) use of NEPA in the
environmental justice context; and (3) community
involvement in the decision-making process.
In early January 1999, the Region's
Environmental Justice Program hosted a planning
session with a small group of Federal agency
representatives including: the Army Corps of
Engineers; the Department of the Interior's Office
of Surface Mining; the Department of Health and
Human Services; and the Department of Energy,
Rocky Flats. The purpose of the planning session
was to decide how best to reinvigorate the Denver
environmental justice Interagency Task Force.
The session was intended to address the needs of
federal agency staffs with respect to information
and problem-solving related to environmental
justice. Based on the conclusions of the meeting,
the agencies will hold a two to three day
conference in the summer of 1999. The
conference will highlight environmental justice
Washington Navy Yard
EPA Region 3 has entered into an
Administrative Consent Order (AGO) with the
Department of the Navy. The order requires the
Navy to investigate and remediate releases from
the 66-acre Washington Navy Yard of PCBs,
PAHs and heavy metals detected onsite and in
the Anacostia River. The project is being
conducted under the authority of the Resource
Conservation Recovery Act (RCRA).
The AGO combines the requirements of
RCRA and Superfund to develop remediation
plans to address the contamination. The plans
provide for federal and local government
oversight of both regulatory requirements. The
project includes coordination between both
RCRA and Superfund program offices at EPA
and the District of Columbia's Environmental
Regulatory Agency.
The almost 200-year-old Washington Navy
Yard is within two miles of the White House
and its remediation raises several environmental
justice and other concerns from the minority
community in the vicinity. Among other things,
the AGO requires the Navy to develop a
community relations plan. The Navy has
responded by establishing the Restoration
Advisory Board to address the environmental
justice and other concerns of the community.
The Board meets monthly and provides a forum
for the local citizens to participate in the
investigation and remediation process.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.4
-------
Chapter 5
Environmental Justice at the Federal Level
Federal Agencies Implementing
the Environmental Justice
Executive Order
Department of Justice
The Environment and Natural Resources
Division (ENRD) of the Department of Justice
and the United States Attorneys' Offices bring
both civil and criminal cases to enforce the
Nation's environmental laws. In many of these
cases, the affected communities are low-income
and/or minority populations, or Indian tribes. The
cleanups and other remedies that result from
successful litigation benefit these communities.
Several principles guide the Department's
environmental justice strategy in civil
environmental enforcement. Department
attorneys are instructed to assess each
enforcement case to determine whether it raises
potential environmental justice issues. In civil
cases where environmental justice issues have
been identified, attorneys are encouraged to
conduct outreach to affected communities to
promote participation in the agency decision-
making process.
In reaching settlements in these civil cases,
Department attorneys also are encouraged to
consult with the affected community when
exploring possible SEPs. SEPs are required to
have an adequate relationship to the alleged
violations. In recent years, the Department has
obtained significant settlements in several cases
with environmental justice components. Some
examples are:
United States v. Borden Chem. Co.. (N.D.
La.) On April 9, 1998, the U.S. lodged a
settlement agreement with Borden Chemicals
& Plastics to resolve claims that the company
contaminated soil and groundwater with
hazardous wastes at a chemical plant in
Geismar, Louisiana. The Geismar facility
is located in a highly industrialized area
with a predominantly African-American
population. Under the terms of the
settlement, Borden agreed to correct the
contamination, pay a $3.6 million civil
penalty, and spend $3.4 million on SEPs.
As part of the settlement process, the
Department sought the input of citizens
concerning appropriate SEPs, which
included providing $400,000 to fund
community-based programs in Ascension
Parish, where the plant is located.
United States v. Rio Bravo. Ltd.. (W.D.
Tex.) In June 1997, the United States
reached a settlement in a Safe Drinking
Water Act (SDWA) action with Rio Bravo,
Ltd., a Colonia developer. Colonias are a
type of substandard housing development
along the U.S.-Mexico border; residents
are primarily low-income Latino
communities. The United States alleged
that defendants developed the Cuna del
Valle Colonia in El Paso, Texas in a
manner that caused the residents' drinking
water wells to become contaminated with
human waste. Under the settlement, the
defendants have constructed and will
maintain a temporary water station at the
Colonia to provide potable water to
residents until residents are able to obtain
potable water from the local public water
authority. The defendants also agreed to
pay any costs associated with connecting
the residents to the public water lines.
United States v. Sherwin-Williams Co..
(N.D. 111.) In November 1997, the United
States resolved claims against Sherwin-
Williams in a 39-count action alleging
violations of four environmental laws at a
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.5
-------
Chapter 5
Environmental Justice at the Federal Level
manufacturing plant (paint and resin) located
in a low-income, minority area on the south
side of Chicago. Under the decree, Sherwin-
Williams agreed to the following: (1)
undertake extensive measures to assure future
compliance with environmental laws; (2)
investigate and remediate releases of
hazardous substances at its facility; (3) spend
$1.1 million on three projects to clean up
contaminated brownfields sites; and (4)
restore wetlands in nearby neighborhoods.
The defendant also agreed to pay a $4.7
million civil penalty to the United States.
United States v. Tenneco. (W.D. Okla.) In
January 1997, the United States settled a Safe
Drinking Water Act action brought on behalf
of the Sac and Fox Nation of Oklahoma to
obtain a fresh water supply and compensatory
and punitive damages against the Tenneco Oil
Company for saltwater pollution and
degradation of land and groundwater
resources. The pollution deprived the Sac and
Fox Nation of its only natural water source.
Tenneco Oil Company agreed to: (1) provide
a permanent supply of potable water to the
Sac and Fox Nation by constructing water
supply wells and delivery systems on at least
120 acres of land to be purchased by
Tenneco; (2) install a water recovery system;
(3) reforest a pecan grove and restore an area
of tribal land; and (4) pay the Sac and Fox
Nation $1.16 million in compensation for the
contamination.
Community Relations Service
The Department of Justice's Community
Relations Service (CRS) has mediated disputes or
provided conciliation assistance in a number of
conflicts involving environmental justice issues.
These include, among other examples:
In Athens, California, Latinos and African-
Americans organized to oppose the
operation of a toxic waste station in their
community. In Winterhaven, California,
the Quechan Indians clashed with farmers
over the impact of aerial pesticides spraying
on families in the reservation. In Compton,
California, school students and teachers
complained about toxic fumes from repairs
by a roofing company. In each of these
disputes, CRS assessed the situation and
provided conciliation assistance.
CRS has mediated in two cases. The
disputes with Indian tribes were over the
inappropriate use and treatment of sacred
land or burial remains. In Santa Cruz,
California, the Chumash Indians
complained about grave robbers and
mishandling of burial artifacts and human
remains. In Lake Tahoe, California, the
Washoe Indians complained about the
damage climbers were inflicting on their
sacred cave rocks. CRS mediated an
agreement between the Department of the
Interior's National Park Service and tribes
in Santa Cruz, and the Department of
Agriculture's Forest Service was able to
find an acceptable option to meet the
Washoe's concerns.
Department of Transportation
The Department of Transportation's (DOT)
"Environmental Justice Order" directs the
Operating Administrations to determine the
most effective and efficient way of integrating
the processes and objectives of the Executive
Order into existing regulations and guidance.
Each Operating Administration is working to
effectively accomplish this effort. Listed below
are examples of some key activities by DOT's
Operating Administrations to incorporate
environmental justice principles into their
activities:
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.6
-------
Chapter 5
Environmental Justice at the Federal Level
The United States Coast Guard published its
environmental justice strategy in the Federal
Register on April 3, 1998. The strategy
encompasses public outreach, internal training
and program guidance through issuance of
Commandant Instruction. In addition, a
policy statement on environmental justice is
presently under review for implementation
throughout the Coast Guard.
The Federal Highway Administration (FFIA)
has drafted an Order on Environmental
Justice which integrates environmental justice
concerns into FHA programs and activities.
The Order is currently undergoing final
review within FHWA. FHWA has also
clearly delineated a process to address
allegations of discrimination that involve
environmental justice issues. FHWA
continues to work with its field offices, state
DOTs and local governmental units to provide
technical assistance on preventive approaches
during field conferences, meetings and
training programs.
DOT Projects and Initiatives:
The DOT Office of Civil Rights (OCR), in
partnership with advocacy groups such as the
Environmental Defense Fund, is developing
plans to reach out to metropolitan planning
organizations to communicate the need for
including equity considerations in regional
transportation planning. OCR is collecting
examples of analyses of equity in
transportation planning, for dissemination of
models, examples, and best practices.
DOT is scheduling Title VI training, to be
conducted by the Department of Justice, for
staff in the Operating Administrations of the
Department to prepare them to conduct Title
VI investigations and compliance reviews.
The Federal Highway Administration
(FHWA) is planning to: (1) further develop
and provide methodologies to assess
environmental and health effects; (2)
provide training on preventing, assessing,
and addressing environmental justice
concerns; and (3) showcase, through case
studies, success stories, best practices, and
model community initiatives that effectively
apply environmental justice in the
transportation decision-making process.
Department of Health and Human
Services
Public Partnerships:
The Department of Health and Human
Services (HHS), under the leadership of
ATSDR and CDC, is collaborating with
community nonprofit groups, EPA, state and
local government health departments,
environmental departments, academic
institutions, and business. The purpose of this
collaboration is to address environmental
public health issues in the Mississippi Delta
region. The project objectives are to: (1)
identify key environmental hazards that affect
community health and the quality-of-life; (2)
assess the harmful impacts on high risk
populations from environmental hazards; (3)
empower and educate the community about
environmental hazards; and (4) build capacity of
state and local health departments,
environmental departments, academic
institutions and community groups to address
environmental public health issues.
The voluminous report culminating four
years of data collection and analysis is nearing
completion and should be available Spring
1999. The second phase of the Delta Project
has begun and will start with a pilot grant
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.7
-------
Chapter 5
Environmental Justice at the Federal Level
program for "community lead" projects aimed at
solving problems identified in Phase 1.
The CDC's National Institute of Occupational
Safety and Health (NIOSH) sought
stakeholder help to develop its occupational
safety and health research agenda for the next
decade. NIOSH held a series of group
specific and town meetings with stakeholder
groups to accomplish that goal. The groups
involved included: minority occupational
safety and health constituents (i.e., advocates
for farm worker health, representatives from
Historically Black Colleges and Universities
(HBCUs), professional institutions and
associations); representatives from labor,
industry, business; and, minority and low-
income communities.
Public Education and Training at HHS:
ATSDR has implemented an educational
program for communities near hazardous
waste sites. The program is designed to
inform community members and their health
care professionals about hazardous substances
associated with the waste sites and actions
they can take to reduce exposure.
ATSDR funds an environmental health
education cooperative agreement to provide
environmental health education to American
Indian and Alaska Native tribes and their
physicians.
The National Center for Environmental
Health (NCEH) supports public education
efforts to promote awareness of the dangers of
childhood lead poisoning and how to prevent
it, urging screening of high-risk children.
The NIH/National Heart, Lung, and Blood
Institute's (NHLBI) National Asthma
Education and Prevention Program includes
more than 30 major medical associations,
voluntary health organizations and federal
agencies. These organizations are working
together to raise awareness of asthma as a
serious disease, to promote recognition of it
symptoms, and to ensure effective control
of asthma, especially in minority children.
The program emphasizes treatment and
education programs in partnership with
patients, physicians and other health
professionals.
The Office of the Secretary/Office of Public
Health and Science/Office of Minority
Health (OMH) provides information and
publications to the public on environmental
justice-related organizations and programs
through the Office of Minority Health
Resource Center's (OMH-RC) toll-free
number: 1-800-444-6472. In addition,
OMH-RC dedicated an entire issue of its
monthly newsletter "Closing the Gap," to
environmental justice. Key topics
highlighted were: (1) landfill concerns in
North Carolina; (2) the misuse of methyl
parathion; (3) lead screening guidelines; (4)
inner-city asthma; and (5) migrant
farmworkers' exposure to pesticides. The
issue also provided contact numbers for
Federal agencies, national resource centers
and clearinghouses that address
environmental justice.
Services Provided by HHS
The Administration for Children and
Families (ACF)/Office of Community
Services, in collaboration with EPA, has
developed and funded a grant program to
support state and local governmental
partnerships with local 501(c)(3) nonprofit
agencies and community/grass- roots
organizations to address the reduction or
elimination of the disproportionate lead
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
-------
Chapter 5
Environmental Justice at the Federal Level
exposure to minority and low-income
communities through projects which will
provide community-based training, education,
and abatement activities coupled with career
training and job opportunities for community
residents.
The Health Resources and Services
Administration, (HRSA)/Bureau of Primary
Health Care (BPHC)/ Migrant Health
Program funds the Rural Community
Assistance program. This program provides
a variety of technical expertise to HRSA's
migrant health centers in the areas of water,
field sanitation, pesticide issues and worker
protection standards.
NCEH supports delivery of health services
through the childhood lead poisoning
prevention grant program. This program is
designed to identify children with childhood
lead poisoning, assure such children are
referred for medical treatment, remove
sources of lead, and provide public and
professional education.
The Indian Health Service (IHS) has
established a working arrangement with the
CDC's Lead Poisoning Prevention Branch.
The arrangement works to establish baseline
blood lead levels and to develop a plan for
reducing the prevalence of excessive blood
lead levels in American Indian/Alaska Native
children.
Health Research atHHS:
The National Institute of Environmental
Health and Sciences (NIEHS) has established
a program, "Environmental Justice:
Partnerships for Communication." This
partnership serves as a mechanism to bridge
the crucial communication gap between
disadvantaged communities and
environmental health researchers. It also
gives the communities involved a role in
identifying and defining problems and risks
related to environmental health and in
shaping future research approaches to such
problems.
The primary objective of this program is to
establish methods for linking members of a
community, whom adverse environmental
conditions have directly affected, with
researchers and health care providers. This
program is designed to develop new modes
of communication and to ensure that the
community actively participates with
researchers and health care providers in
developing responses and setting priorities
for intervention strategies.
The National Institute for Occupational
Safety and Health (NIOSH) is funding a
study to assess the potential for migrant
farm workers to transport pesticides home
to their families. These migrant farm
workers are approximately 80 percent
Hispanic. The study will evaluate the
extent of pesticide exposure among children
of migrant farm workers and will
recommend methods for reducing
exposures.
NIOSH is funding centers for agricultural
research, education, and disease and injury
prevention with outreach programs tailored
to black, migrant, and seasonal farm
workers and their families. The NIOSH
centers address occupational safety and
health concerns specific to minority and
low-income workers who are
disproportionately impacted by workplace
exposures. These concerns are addressed
through agricultural research, community
empowerment models, and collaborative
efforts with HBCUs.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.9
-------
Chapter 5
Environmental Justice at the Federal Level
National Cancer Institute (NCI)-supported
studies are evaluating cancer risks in African
Americans in relation to possible
environmental/occupational carcinogens.
NIEHS and the NIH Office of Research on
Minority Health have funded a multi-center
clinical trial to improve treatment for lead
poisoning in socioeconomically
disadvantaged populations.
Department of Defense
Public Participation and Outreach:
As part of Department of Defense (DOD)
public participation enhancement initiatives,
the Department of Defense undertook
measures to improve the effectiveness of
Restoration Advisory Boards (RAB) role in
facilitating cleanup at military bases. A RAB
is a forum through which members of nearby
communities can provide input to DOD's
environmental cleanup program at active,
closing, realigning installations, or formerly
used defense sites.
RABs include members of the local
community and representatives of the
installation, EPA, the state, tribal, and local
governments. It is DOD policy to have a
balanced and diverse representation on a RAB
to reflect the diversity of interests within a
community. This policy is reflective of the
Air Force's success in achieving minority and
low-income participation. The Air Force has
an equally strong policy on RAB
development, including involvement of
neighborhoods impacted by cleanup and other
activities.
The Air Force has also sought RAB
membership of low-income and minority
group residents. For example, 25 RABs
have some type of low-income or minority
representation. Such representation exists
at: four Alaska radar sites; four Air Force
industrial facilities; seventeen regular Air
Force bases across five Air Force Major
Commands.
To help RABs be more effective, on
February 2, 1998, DOD published the
Technical Assistance for Public
Participation rule (63 FR. 5255-5267). The
rule provides for the procurement of
independent technical assistance for
community members of RABs and
Technical Review Committees. This is an
important means for the public, including
minority and low-income populations, to be
informed about DOD cleanup activities that
effect them.
The Naval District of Washington (NOW)
implemented a "Walls-to-Bridges"
initiative. This program enhances the
opportunities for minority and low-income
communities to participate in DOD policies
and practices that affect human health and
the environment. The Walls-to-Bridges
Initiative is a community-driven program in
which members of the local community
participate in a broad exploration of NOW
environmental programs. NOW engaged in
an ongoing dialogue with community
leaders to discuss community concerns with
NOW facilities. The program recently
evolved into a concept known as
"Bridges-to-Friendship" program with the
vision of revitalizing the Navy Yard
community, economy, and environment.
The revitalization would create a
sustainable community while maintaining
the natural and cultural heritage of the area.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.10
-------
Chapter 5
Environmental Justice at the Federal Level
The Navy engaged in a series of
environmental information sessions to inform
local residents about environmental cleanup
actions at the Construction Battalion Center
(CBC) in Gulfport, Mississippi. CBC teamed
with their RAB to hold an open house where
residents were able to obtain information at
various poster stations, including information
on the RAB; watch an Air Force video
explaining activities associated with a cleanup
of Herbicide Orange; view Installation
Restoration Program presentation boards; and
obtain information on potential business
opportunities associated with the
environmental program. Prior to sampling for
dioxin at CBC Gulfport and in the local
community, four Environmental Open Houses
were held to discuss sampling methods with
the local community.
Presentations were given at six area schools,
and an Environmental Information Van
followed behind the sampling team while they
conducted sampling activities in the
community. The van provided another
outreach mechanism, since a toxicologist was
present and available to answer questions and
distribute information.
Defense Logistics Agency, Memphis Depot
increased its outreach activities to be more
proactive with the local community, which
includes many African American residents.
Activities have included a public information
session at the local high school and numerous
newsletters that have featured interviews with
community members of the RAB. As part of
the research for revising the community
relations plan, the installation conducted
focus groups, including minority residents and
community leaders, to ensure that their
concerns were identified. At a public meeting,
an activist who had been a very outspoken
critic praised the changes in outreach
activities by the installation.
Training Sponsored by DOD
DOD produced a video that explains to
DOD military and civilian personnel the
requirements of Executive Order 12898 on
Environmental Justice and how the order
impacted the Department's policies and
programs. The goal is to train military
personnel and civilian employees to increase
awareness of environmental justice and infuse
the spirit and intent of the Executive Order into
DOD's decision-making processes.
Environmental Justice Analysis and
Assessments conducted by DOD
The Army Base Realignment and Closure
program established a methodology to
address environmental justice in dozens of
NEPA documents related to closure,
realignment, and reuse of more than 80
installations. This ongoing, successful
methodology identifies minority and
low-income populations, includes them in
the public involvement and
decision-making process, and analyzes the
Army action for any possible
disproportionate impacts. The Army has
obtained favorable results from this
initiative.
At King Salmon Airport, the Air Force
conducted food chain evaluations of fishery
resources on and off of the airport. They
then discussed the preliminary and final
results with Native Americans and others
potentially impacted. At Kotzebue Long
Range Radar Station, the Air Force
provided food chain evaluation at the
request of tribal leaders. They investigated
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.11
-------
Chapter 5
Environmental Justice at the Federal Level
contamination of plant species collected,
stored and eaten by locals. The overall study
results were forwarded to the local citizen
advisory board, which is comprised almost
entirely of Native Alaskans. The Air Force
participated in a forum on Alaskan RABs in
Anchorage, Alaska and provided an overview
of risk assessment through a poster session.
At the request of the Guam Legislature, the
Air Force conducted a study of food chain
exposures and ecological effects from base
contaminants. This is a possible route of
exposure since local Indians (Chomoro)
consume a large amount of wildlife taken
from Anderson Air Force Base. The Air
Force did not find any apparent problems with
the wildlife and plants sampled, including
deer, hogs, monitor lizards, brown tree
snakes, and papaya fruit.
The Military Service Departments and
Components Issued Guidance for
Considering Issues Related to
Environmental Justice:
The Department of the Army engaged the
Clarke Atlanta University's Environmental
Justice Resource Center to assist it in the
development of a model to incorporate
environmental justice considerations into the
NEPA compliance process.
The Department of the Navy issued policy
guidance (SECNAVNOTE 5090 and
OPNAVINST 5090. IB) with the goal of
having all Department of Navy Commands
apply environmental justice considerations to
applicable mission-related activities. In
addition, the Navy incorporated
environmental justice guidance into its,
"Installation Planning, Design, and
Management Guide," and into the Marine
Corps', "Environmental Compliance and
Protection Manual." The Navy has also
incorporated environmental justice training
presentations at conferences and workshops
(e.g., training for NEPA compliance, land
use planning, and the annual Department of
the Navy environmental program managers
meeting). This training is to ensure that
military and civilian personnel are aware of
their responsibilities under Executive Order
12898.
The Air Force has issued its "Interim Guide
for Environmental Justice Analysis with the
Environmental Impact Analysis Process."
The Air Force developed the guide, based
on experiences gained in the production of
several EISs and other planning activities.
The Guide's focus is on the determination
of potentially disproportionate impacts to
low-income and minority populations
through a ten-step process. It is geared to
EISs and EAs having potential
environmental justice considerations.
Using the interim guidance as a starting
point, the Air Force is now working with
low-income groups, minority groups, and
Native Americans to develop environmental
justice analysis and program activities in
conjunction with the renewal of the largely
rural Nellis Air Force Range in Nevada and
the rural Goldwater Range in Arizona.
The Defense Logistics Agency issued its
policy memorandum directing that
managers and commanders review their
proposed actions to identify whether there
are any disproportionately high adverse
impacts on minority and low-income
populations. If such impacts are identified,
the policy memorandum directs the use of
mitigation measures to minimize these
impacts.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.12
-------
Chapter 5
Environmental Justice at the Federal Level
Proposed DOD Projects and Initiatives
that Address Environmental Justice
Issues
American Indian and Alaska Natives
Environmental Protection Policy
DOD expects to complete its policy related to
environmental protection on American Indian and
Alaska Native land and resources within the next
year. The policy is being developed in close
consultation and coordination with tribal leaders
and tribal organizations. The policy will provide
DOD with the framework to ensure that the
Department is conducting its activities and
operations in accordance with the Presidential
Memorandum on Government-to-Government
Relations with Native American Tribal
Governments. DOD will further develop
guidance for implementing the executive order
through the development of a handbook for
considering environmental justice in Departmental
programs and activities. The guidance will focus
principally on incorporating environmental justice
into the environmental impact analysis.
Department of the Interior
The focus of the Department of the Interior's
(DOI's) environmental justice initiative is early
involvement of minority and other disadvantaged
communities in the planning and/or
environmental review process for proposed
Departmental actions. DOI's objective is to
extend training, education, meaningful
consultation, and coordination to impacted
communities, and to ensure that diverse views are
fully considered as part of the Departmental
decision-making process.
The Bureau of Reclamation (BOR) has
compiled an "Environmental Justice
Handbook" for use by Bureau personnel.
BOR has also included an environmental
justice training program for its employees.
The Bureau intends to integrate
environmental justice into its EISs. While
the term "environmental justice" is still
becoming familiar to managers and
employees, BOR is making strides to
include considerations of low- income
and/or minority populations in its day-to-
day operations.
The Bureau of Land Management (BLM)
offices have made environmental justice
awareness part of their NEPA training using
a manual entitled, "Environmental Justice
into the NEPA Process."
Department of Energy
The Department of Energy (DOE) is
accelerating its efforts to integrate the principles
and philosophy of environmental justice into
Departmental decision-making activities. DOE
believes that increased emphasis on these issues
will: (a) better protect public health and the
environment by reducing environmental safety
and health risks and threats from DOE facilities;
(b) enhance worker and public safety and health
by achieving appropriate environmental
standards; (c) facilitate easy access by
stakeholders to the Department's records
relating to environmental safety and health; and,
(d) maximize opportunities for economic
development within the affected communities.
DOE Education and Outreach
Activities:
Publication of a Departmental
environmental justice newsletter focusing
on subsistence and environmental health
issues. The newsletter will provide a forum
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.13
-------
Chapter 5
Environmental Justice at the Federal Level
for communication about the health
implications of subsistence activities that
result in the consumption of contaminated
fish, wildlife, livestock products, or
vegetation.
Development of "DOE's Environmental
Justice Information Brief (February 1997).
Issuance of the final draft of an Information
Brief entitled, "Incorporating Environmental
Justice Principles into the CERCLA Process."
Department of Agriculture. Forest
Service
The Forest Service incorporated
environmental justice analysis in it planning and
assessment activities under NEPA. Some of the
Forest Service's accomplishments include:
Training all regional forest environmental
coordinators in environmental justice
principles. This involved training more than
300 environmental coordinators.
EPA guidance for incorporating
environmental justice concerns in EPA's
NEPA compliance analysis was distributed
and discussed with regional environmental
coordinators to ensure environmental justice
issues were integrated into project and
program documents.
The CEQ guidance for integrating
environmental justice into NEPA analyses
was distributed to all regional environmental
coordinators. This guidance serves as a basis
for preparing EAs and EISs.
Examples of the Integration of Environmental
Justice into Forest Service Environmental
Analyses:
Oil Pipeline EIS. The Forest Service was
the lead Federal agency for a 132-mile
crude oil pipeline in Southern California
from Emidio to Los Angeles. The EIS
contains twenty pages of discussion on
environmental justice issues related to the
pipeline disruption of minority communities
in southeastern Los Angeles.
Tongass Forest Plan. The EIS for the
Tongass Forest Plan addresses
disproportionate impacts to Alaska natives.
The Record of Decision also contains a
discussion of environmental justice
considerations and how they were
incorporated into the Plan.
Transmission Line. The American Electric
Power Company proposes to construct a
765 kv transmission line across West
Virginia and Virginia, twelve miles of
which crosses the Jefferson National Forest.
The environmental justice issues addressed
in the draft EIS involve impacts to low-
income and minority areas along the
transmission route of mostly rural
communities. A final EIS is pending.
Spanish Translation NEPA Scoping
Information. Forest Service employees of
the Cibola National Forest (New Mexico)
and the Cleveland National Forests
(Southern California) routinely prepare and
distribute NEPA scoping information in
Spanish to the local Hispanic communities.
They have also published environmental
assessments in Spanish for several projects.
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
5.14
-------
APPENDIX
EPA appropriations include funds for
awards to state, tribe and private entities to
address serious environmental problems and
issues. States implementing delegated
programs receive the majority of this money.
A smaller, but significant, portion of the
allocated funds are awarded to specifically
address environmental justice related issues.
Initially, EPA oriented these grants toward
local education and community
empowerment. More recently, however, the
Agency has targeted proposals that solve on-
the-ground EJ problems.
What is seen in the grants arena is
similar to EPA's environmental justice
program- a more systematic and collaborative
approach toward EJ issues on both the part of
the Agency and its partners. The education
and empowerment of past efforts has lead to
communities seeking grants to solve
problems.
Environmental Justice Grants
Programs
The grant programs listed below show
the range of environmental justice related
grants available through EPA. The list is not
all inclusive. It does not include, for example,
regional discretionary funds used for EJ
purposes. In some cases the grant programs
are not exclusively EJ oriented. For more
information and points of contact:
http://www.epa.gov/oeca/oej/ejgrantf.html
Grants to Small Community Groups
Objectives: Provide financial assistance to
SOME EPA GRANT PROGRAMS
grassroots, community-based groups that
design, demonstrate or disseminate practices,
methods or techniques related to
environmental justice. Specifically, EPA will
grant funding assistance for: environmental
justice education and awareness programs;
environmental justice programs (for example,
river monitoring and pollution prevention
programs); technical assistance in gathering
and interpreting existing environmental justice
data; and, technical assistance to access
available public information.
Applicant Eligibility. Community-based
grassroots organizations, other incorporated
nonprofit organizations, and federally
recognized tribal governments. Individuals
may have their organizations, institutions,
government or association apply.
Organizations must be incorporated to receive
funds. Since 1995, the Agency has awarded
approximately $11 million to more than 450
recipients through this program.
Annual Funding: $2,000,000
Office of Environmental Justice
State and Tribal Environmental Justice
(STEJ)
Objectives: Help states and tribes demonstrate
how to effectively comply with Title VI of the
Civil Rights Act of 1964 and provide for
environmental justice in the development and
implementation of their environmental
programs.
Applicant Eligibility. Participation is limited
to states or tribal agencies that manage or are
eligible to manage an EPA program. In
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
Al
-------
APPENDIX
addition, applicants must express interest in
working with community-based grassroots
organizations and other environmental justice
stakeholders to address environmental justice
concerns in communities. The project can be
a partnership involving more than one state
department, or if from a tribe, more than one
tribal department. The degree of support
provided by top government officials from
either the state or tribe will be an important
factor in the selection process.
Annual Funding: $500,000
Office of Environmental Justice
Superfund Technical Assistance Grants
for Citizen Groups at Priority Sites
(TAG)
Objectives: To provide resources under
CERCLA, Section 117(e) for community
groups to hire technical advisers. These
advisers assist community groups in
interpreting technical information concerning
the assessment of potential hazards and the
selection and design of appropriate remedies
at sites eligible for cleanup under the
Superfund program.
Applicant Eligibility: EPA is authorized to
make TAGs available to any qualified group
of individuals which may be affected by a
release or threatened release at any Superfund
facility. "Affected" individuals are those who
can demonstrate direct effects from the site,
such as actual or potential health or economic
injury. The recipient group must incorporate
to receive funds.
SOME EPA GRANT PROGRAMS
Estimated Annual Funding: $500,000
Office of Emergency or Remedial Response
Solid Waste Management Assistance
Objectives: To promote use of integrated solid
waste management systems to solve municipal
solid waste generation and management
problems at the local, regional, and national
levels.
Applicant Eligibility: These funds can be
awarded to the following types of nonprofit
entities: public authorities (federal, state,
interstate, intrastate and local), public agencies
and institutions; private organizations and
agencies, institutions and individuals; and,
Indian Tribes. Profit-making organizations
are not eligible.
Estimated Annual Funding: $3,800,000
Office of Solid Waste
Brownfields Pilots Cooperative
Agreements
Objectives: Brownfields sites are abandoned,
idled, or under-used industrial or commercial
facilities where expansion or redevelopment is
complicated by real or perceived
environmental contamination. The objectives
of the Brownfields Pilot Cooperative
Agreement are to: develop administrative,
managerial, and technical models to establish
self-sustaining, independent processes to
assess and respond to environmental
conditions inhibiting redevelopment of
brownfields sites; provide opportunities for
creative two-year demonstrations of site
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
A2
-------
APPENDIX
assessment activities leading to actions to
respond to environmental contamination and
return brownfields sites to productive use;
and, provide financial assistance for
capitalization of revolving loan funds for
follow-up brownfields response actions.
Applicant Eligibility: States and political
subdivisions, commonwealths, and U.S.
territories and possessions, and federally
recognized Indian tribal governments.
Estimated Annual Funding: $66,000,000
Office of Solid Waste and Emergency
Response
Indian Environmental General
Assistance Program (GAP)
Objectives: Provide general assistance grants
(GAP) to Indian tribal governments and
intertribal consortia to build capacity to
administer environmental regulatory programs
on Indian lands and provide technical
assistance from EPA to Indian tribal
governments and intertribal consortia in the
development of multimedia programs to
address environmental issues on Indian lands.
Applicant Eligibility: Indian tribal
governments; and, inter-tribal consortia. An
Indian tribal government is any tribe, band,
nation, or other organized group or
community, including any Alaska Native
village or regional or a village corporation (as
defined in or established pursuant to the
Alaska Native Claims Settlement Act, 43
U.S.C. § 1601, et seq.), which is recognized
by the U.S. Department of the Interior as
eligible for the special services provided by
SOME EPA GRANT PROGRAMS
the United States to Indians because of their
status as Indians. A consortium is a
partnership between two or more Indian tribal
governments authorized by the governing
bodies of those tribes to apply for and receive
assistance under this program.
Estimated Annual Funding: $42,585,400
American Indian Environmental Office
U.S.-Mexico Border Grants Program
Objectives: Promote community-based and
regional approaches to meet the goals of
sustainable development, capacity building,
and coordination among key participants in
addressing U.S.-Mexico border (including
bi-national) environmental issues.
Applicant Eligibility: Educational institutions,
local governments, 501(c)(3)
non-governmental organizations (NGOs).
Estimated Annual Funding: $500,000
Office of International Activities
Environmental Education and
Training Program (EETP)
Objectives: Train educational professionals in
the development and delivery of
environmental education programs.
Applicant Eligibility: Institutions of higher
education or other institutions which are
nonprofit (or consortia of such institutions).
Estimated Annual Funding: $1,825,000
Office of Environmental Education
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
A3
-------
APPENDIX
Environmental Education Grants
(EEG)
Objectives: Support projects to design,
demonstrate, or disseminate practices,
methods, or techniques related to
environmental education and training.
Applicant Eligibility. Local education
agencies, colleges or universities, states or
tribal education or environmental agencies,
not-for-profit organizations, or
noncommercial educational broadcasting
entities.
Estimated Annual Funding: $3,000,000
Office of Environmental Education
Sustainable Development Challenge
Grants
Objectives: Initiate community-based and
regional projects and other actions that
promote sustainable development, thereby
improving environmental quality and
economic prosperity; leverage significant
private and public investments to enhance
environmental quality by enabling community
sustainability efforts to continue past EPA
funding; build partnerships that increase a
community's long-term capacity to protect the
environment through sustainable
development; and, enhance EPA's ability to
provide assistance to communities and
promote sustainable development, through
preparation of case studies.
Applicant Eligibility: Eligible applicants may
include community groups, nonprofit
SOME EPA GRANT PROGRAMS
organizations, local governments, universities,
tribes, and states.
Estimated Annual Funding: $9,390,000
Office of Air and Radiation
Children's Health Protection
Objectives: Initiate community-based and
regional projects and other actions that
enhance public outreach and communication;
assist families in evaluating risks to children
and in making informed consumer choices;
build partnerships that increase a community's
long-term capacity to advance protection of
children's environmental health and safety;
leverage private and public investments to
enhance environmental quality by enabling
community efforts to continue past EPA's
ability to provide assistance to communities;
and, promote protection of children from
environmental threats.
Applicant Eligibility: Eligible applicants
include community groups, public nonprofit
institutions/ organizations, tribal governments,
specialized groups, for-profit organizations,
private nonprofit institutions/organizations,
municipal and local governments.
Estimated Annual Funding: $2,000,000
Office of Children's Health Protection
Environmental Justice Through
Pollution Prevention Grants (EJP2)
Pollution prevention can play a central
role in reducing environmental risks while
promoting public involvement and economic
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
A4
-------
APPENDIX
benefits. Through the EJP2 grant program,
EPA supports pollution prevention approaches
that address environmental justice concerns in
affected communities. Makes grants to
support organizations that promote
environmental justice through using pollution
prevention.
In cooperation with EPA regional
offices, the Office of Pollution Prevention and
Toxics has awarded more than $14 million in
grants to more than 170 organizations nation-
wide. These grants are used to fund activities
that use pollution prevention as the primary
focus in addressing environmental justice. For
more information contact EPA on the web:
http://www.epa.gov/opptintr/ejp 2^
Wellhead Protection Grants Program
Region 4
This initiative provides opportunities
for small, low-income, and/or minority
communities to develop a local wellhead
protection plan for their public water supply
system. The average grant amount is $15,000-
$30,000, which requires a 5% match by the
grant recipient. Assistance with the 5% match
may be available from the state ground water
program or the state geologic survey. Grant
decisions are based on the needs of the
community, severity of problems, and the
threats to ground water and public health.
During 1997-1998, Region 4 was able to
award EJ wellhead protection grants to the
towns of Beatrice, Hurtsboro, and Ridgeville
in Alabama to support their ground water
protection efforts.
SOME EPA GRANT PROGRAMS
Waste Management Grants
Region 4
The Waste Management Division
funded and awarded nine environmental
justice-related grants during FY '97 and
FY'98, for a total of approximately $292,000.
Some examples of funded projects include:
Saturday-at-the-Sea Workshop which
focused on rural, low-income
communities and included teacher
workshops and a youth camp geared
toward the preservation of Florida's
coastal environment.
Instruction and self-paced study
program to help students and residents
make better informed decisions about
chemical health risks and safety.
A recycling program in Southern
Appalachia that provided recycling
education to low income area schools
and helped develop a school based
recycling programs.
Environmental Justice Financial
Assistance
Region 6
Region 6 expanded on its commitment
to establish and broaden partnerships with
communities, universities and other entities to
address EJ concerns in the Region. During
FY98 the Environmental Justice Program
awarded $200,000 in EJ Small Grants and
$100,0000 in state and tribal grants. In
addition, the Region awarded $231,500 to
various EJ grass roots organizations, tribal
1998 Environmental Justice Biennial Report:
Moving Towards Collaborative/Constructive Problem-Solving
June 1999
A5
-------
APPENDIX
SOME EPA GRANT PROGRAMS
governments, states and educational
institutions. The Region also awarded
$140,000 to two states for EJ activities at
Superfund sites.
In each case, except for those
involving state Superfund grants, the projects
were selected via a competitive grant proposal
process. Activities funded were varied in
scope and target population. Issues included,
among others: children's health, U.S. Mexico
border issues, native American issues,
minority and low-income community issues,
etc.
1998 Environmental Justice Biennial Report: June 1999
Moving Towards Collaborative/Constructive Problem-Solving A6
------- |