2O0R01 0O1
.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
November 16, 2001
OFFICE OF
ENFORCEMENT AND
VIA FACSIMILE AND REGULAR MAIL COMPLIANCE ASSURANCE
Ms. Peggy Shepard
NEJAC Chan-
Executive Director
West Harlem Environmental Action
271 West 125th Street. Suite 211
New York, NY 10027
Dear Ms. Shepard:
The purpose of this letter is to advise you that the NEJAC Draft Strategic Plan submitted
to the Agency on November 2, 2001, is approved for implementation. Among other things, the
Agency is especially pleased to see that the NEJAC will engage in a more deliberative process.
This is important since the advice and recommendations on major public policy issues offered by
the NEJAC will come about as a result of: (a) deliberative discussion/debate among all
stakeholders represented on the advisory committee; and (b) thoughtful deliberation. The
Executive Council should be proud of the strides that it has taken under your leadership to
produce this document.
Another aspect of the Draft Strategic Plan that the Agency is pleased to see is the
statement: "For the Council to be truly effective, there must be several co-existing collaborative
processes, such as those between the OEJ and EPA program offices; EPA and the NEJAC; and
among the diverse membership of the NEJAC. The Council will develop a collaborative
framework based upon the Charter between the OEJ, other EPA program offices, and the
NEJAC. " The Agency, in general, and the NEJAC, in particular, cannot agree more with that
statement.
On behalf of the Agency, I would like to offer special appreciation to you and the Writing
Committee members: Annabelle Jaramillo, Wilma Subra, Kenneth Warren, and Veronica Eady.
Not only is their collective talent but also their patience and thoughtiulness are reflected in the
document.
The Office of the Environmental Justice and the other program offices that support each
subcommittee look forward to working with the NEJAC as it implements the approved Strategic
Plan.
•Wr v -
Barr/E^HM, Director
- Office of Environmental Justice
cc: NEJAC Executive Council Members ,/
Sylvia K. Lowrance. Acting Assistant Administrator
Charles Lee, NEJAC Designated Federal Officer
Marva E. King, NEJAC Program Manager
Internet Address < URL) • http://www.epa.gov
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SEPA
National Environmental Justice Advisory Council
Strategic Plan
)f Environmental Justice
/ /
Date: //"//6 ,
A Federal Advisory Committee to the U.S. Environmental Protection Agency
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NEJAC EXECUTIVE COUNCIL
2001
Peggy Shepard, Chair David Moore
Rose Augustine Mary Nelson
Larry Charles Graciela Ramierez-Toro
Fernando Cuevas Alberto Saldamando
Anna Frazier Jane Stahl
Eileen Gauna Dean Suagee (proxy for Jennifer
Michel Gelobter Hill-Kelley)
Richard Gragg Wilma Subra
Robert Harris Jana Walker
Savonala Home Kenneth Warren
Annabelle Jaramillo Pat Wood
Vernice Miller-Travis Tseming Yang
Harold Mitchell
Disclaimer
This document has been reviewed and accepted by EPA as a part of the activities of the National
Environmental Justice Advisory Council, a public advisory committee providing external policy
information and advice to the Administrator and other officials of the United States Environmental
Protection Agency (EPA). The Council is structured to provide balanced, expert assessment of
issues related to environmental justice.
Inside Front Cover
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TABLE OF CONTENTS
Letter to Peggy Shepard, Chair of the NEJAC i
NE JAC Strategic Plan 1
Attachment A: NEJAC Charter 13
Attachment B: Distinguishing Polarized Debate From Dialogue 17
Attachment C: NEJAC Policy Advice Development Model 18
Attachment D: Incorporating Community Concerns and Issues 19
ii
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National Environmental Justice Advisory Council
Strategic Plan
I. Introduction.
The National Environmental Justice Advisory Council ("NEJAC," "Council," or "Executive
Council") is a committee formed in accordance with the Federal Advisory Committee Act
("FACA"). The Council is to offer independent advice and recommendations to the
Environmental Protection Agency ("EPA") Administrator on areas relating to environmental
justice. In keeping with its Charter (Appendix A), NEJAC provides advice designed to promote
the fair treatment of all peoples, including minority, low-income, indigenous, and agricultural
worker populations and federally recognized tribes, in EPA decisionmaking.
Because disadvantaged populations often lack the infrastructure and resources to advocate their
views, NEJAC, in the past, has allowed its public meetings to serve as a mechanism for the
environmental justice community to present site-specific issues concerning environmental
regulations and enforcement to the EPA. NEJAC's concentration on site-specific issues at its
meetings detracted from its ability to engage in a deliberative process that results in cogent,
timely, relevant and effective advice to the EPA Administrator. In addition, as an advisory body,
NEJAC has no authority to directly respond to community needs through government action.
Consequently, NEJAC reviewed its role and believes it can best promote environmental justice
and fulfill the mission of its Charter by refocusing its processes and products while redirecting
site-specific issues to EPA Regional Offices who have the responsibility and authority to address
them. Public input on the policy advice issues before the NEJAC will continue to be solicited at
the NEJAC meetings.
The 26-member Executive Council met in August 2001 to: redesign the activities of the NEJAC
to better fulfill its chartered advisory role; collaborate with the EPA to provide regional and
other alternative mechanisms outside of NEJAC meetings for communities to bring site-specific
issues to the attention of the EPA; and develop through a deliberative process that involves all
stakeholders an effective work product grounded in environmental justice community issues.
The issues raised and conclusions reached at the August meeting were used to construct this
Draft Strategic Plan to guide the work of the NEJAC through September 27, 2003.
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II. Mission.
The NEJAC is a federal advisory committee that provides timely, relevant, cogent and
independent advice to the EPA Administrator on matters of environmental justice to ensure the
fair treatment of all peoples, including minority, low-income, and indigenous populations and
federally recognized tribes, and often overlooked populations such as agricultural workers.
Pursuant to Section 3 of the Charter, the NEJAC has been specifically designated to provide
independent advice and recommendations to the EPA Administrator on areas relating to
environmental justice that include:
a. Advice on EPA's framework development for integrating socioeconomic programs
into strategic planning, annual planning and management accountability for achieving
environmental justice results agency-wide.
b. Advice on measuring and evaluating EPA's progress, quality, and adequacy in
planning, developing, and implementing environmental justice strategies, projects, and
programs.
c. Advice on EPA's existing and future information management systems, technologies,
and data collection, and to conduct analyses that support and strengthen environmental
justice programs in administrative and scientific areas.
d. Advice to help develop, facilitate, and conduct reviews of the direction, criteria,
scope, and adequacy of the EPA's scientific research and demonstration projects relating
to environmental justice.
e. Advice for improving how the EPA and others participate, cooperate, and
communicate within the Agency and between other Federal agencies, State, or local
governments, Federally recognized Tribes, environmental justice leaders, interest groups,
and the public.
f. Advice regarding EPA's administration of grant programs relating to environmental
justice assistance (not to include the review or recommendations of individual grant
proposals or awards).
g. Advice regarding EPA's awareness, education, training, and other outreach activities
involving environmental justice.
In addition, in accordance with Section 5 of the Charter, the NEJAC provides advice and
recommendations, and reports to the EPA Administrator through the Office of Environmental
Justice ("OEJ"), Office of Enforcement and Compliance Assurance only.
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III. Summary.
The NEJAC Draft Strategic Plan envisions that the NEJAC Executive Council and
Subcommittees will perform its mission by pursuing the following goals:
A. Work Product Goal: Formal and Informal Advice (Section IV).
B. Deliberative Process Goal (Section IV).
C. Public Participation and Public Input Goal (Section V).
D. Organization and Procedure Goal (Section VI).
E. Communications Goal (Section VII).
F. Orientation of New Council and Subcommittee Members Goal (Section VIII).
An Executive Council schedule for the period ending September 17, 2003, is set forth in Section
X.
To assist the reader's full understanding of the NEJAC Draft Strategic Plan, the existing
structure and plans of the NEJAC are summarized.
A. Meetings. The NEJAC is scheduled to meet twice prior to December 31, 2002. From
December 3-6, 2001, the NEJAC will meet in Seattle to address the Fish Consumption
issue. From December 9-12, 2002, the NEJAC will meet in Baltimore to address the
Pollution Prevention issue.
B. Members. The Executive Council, currently chaired by Peggy Shepard, consists of 26
members, from seven stakeholder groups.
C. Subcommittees. The NEJAC Subcommittees ("Subcommittee") presently authorized by
the EPA are as follows: Air/Water; Enforcement; Health and Research; Indigenous
Peoples; International; Puerto Rico; and Waste and Facility Siting. Each Subcommittee
is sponsored by an EPA program office.1
D. Work Groups. The Executive Council presently has two Work Groups formed by the
EPA for the development of comprehensive reports requested by the EPA. These are: (1)
1 The EPA Program Offices which sponsor NEJAC Subcommittees are:
Air/Water: Office of Air and Radiation, Office of Water
Enforcement: Office of Enforcement and Compliance Assurance
Health and Research: Office of Research and Development, Office of Prevention, Pesticides, and Toxic
Substances.
Indigenous Peoples: Office of Environmental Justice, American Indian Environmental Office
International: Office of International Activities
Puerto Rico: Region 2
Waste and Facility Siting: Office of Solid Waste and Emergency Response
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Fish Consumption; (2) Interagency Strategies to Integrate Environmental Justice. A
Work Group on Pollution Prevention will soon be formed.
E. Expanded Protocol Committee. The Expanded Protocol Committee conducts the
business of the NEJAC when the Executive Council is not in session. Presently, the
Expanded Protocol Committee consists of the Chairs and Vice-Chairs of each NEJAC
Subcommittee, and members who represent industry, and state and local government, to
ensure balance among all stakeholder groups. The Executive Council Chair serves as the
Chair of the Expanded Protocol Committee.
IV. Work Products Goal: Formal and Informal Advice:
To provide advice to the EPA Administrator that is cogent, timely, relevant and effective, the
NEJAC has identified several methods to render such advice. Formal advice developed through
the deliberative process and set forth in comprehensive reports will be the standard method.
However, there may be instances where letters, commentaries, and resolutions may be used.
Informal mechanisms will also be used when requested by the EPA Administrator or otherwise
deemed appropriate by the Executive Council. Informal mechanisms are important to building a
strong collaborative framework between the EPA and the NEJAC.
A. Reports: Reports are the result of in-depth analysis of broad based public policy advice
issues that provide balanced, multi-stakeholder consensus recommendations. Reports
include supporting research, cogent analysis and extensive input from a broad array of
stakeholders. Reports will be the products of Work Groups formed for that purpose.
(Please see Sections V and VII-B for detailed discussion of Work Groups.)
B. Letters: Letters shall provide advice and recommendations on a limited issue and/or in
response to a request needing an immediate response. A letter conveys a set of concerns
and/or balanced, multi-stakeholder consensus recommendations.
C. Commentaries: Commentaries represent a review of existing or proposed EPA
regulations, guidance documents, strategies, plans, policies, and procedures.
D. Resolutions: Resolutions represent a transmittal of concern through a formal expression
of the "sense of the body." Resolutions will be reserved for those concerns that the
NEJAC deems as extraordinary in nature.
E. Informal Advice: The Council recognizes that on occasion rendering cogent, timely,
relevant and independent advice to the EPA Administrator requires informal
communications between individual knowledgeable Executive Council, Subcommittee,
Work Group members or experts, and Agency officials. The Council will utilize
existing mechanisms to informally share ideas, perspectives and questions among multi-
stakeholder groups, and experts, and to provide input to Agency officials.
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To carry out this goal in the period ending September 27, 2003, the EPA, in consultation with the
NEJAC, has formed two Work Groups charged with developing two comprehensive reports on:
(1) the relationship between water quality, fish consumption, and environmental justice; and (2)
promoting innovation in pollution prevention to ensure environmental justice. Two meetings
which focus on these public policy advice issues will be held. In addition, the NEJAC will
complete a report with recommendations on interagency strategies to integrate environmental
justice - the focus of the NEJAC's December 2000 meeting.
V. Deliberative Process Goal.
The Executive Council will develop and implement a deliberative, consultative and collaborative
process on which to base its advice to the EPA Administrator. For the Council to be truly
effective, there must be several co-existing collaborative processes, such as those between the
OEJ and EPA program offices; EPA and the NEJAC; and among the diverse membership of the
NEJAC. The Council will develop a collaborative framework based upon the Charter between
the OEJ, other EPA program offices, and the NEJAC. To achieve this goal the Council will:
A. The OEJ provides direction in writing to the NEJAC regarding the public policy advice
issue(s) it will request the NEJAC to deliberate upon.
1. The OEJ's request regarding public policy advice issue(s) will include the statement
of the issue, an implementation plan for the NEJAC, and the Subcommittees and
Work Groups that may be involved. Direction regarding the public policy advice
issues for 200land 2002 already have been provided by the OEJ.
2. The OEJ may solicit from the NEJAC input regarding public policy advice issue
identification early on in the process, pursuant to Part C below. For example, public
policy advice issue "scoping" and identification will be an agenda item for the
December 2001 NEJAC meeting. The issue of Cumulative JAisk was identified by the
OEJ and the Council at the NEJAC Facilitated Dialogue as a possible public policy
advice issue for a possible future meeting. Discussion on this issue will be part of the
"scoping" discussion on the NEJAC December 2001 Meeting Agenda.
B. Conduct business through a deliberative process that promotes consensus building among
representatives of all stakeholder groups, including impacted communities, so that advice
is balanced, effective, cogent, timely and relevant. Three steps will be undertaken by the
NEJAC to meet this goal:
1. Beginning in December 2001, the NEJAC meeting will be organized to create the
best environment for a deliberative process. For example, the meeting will be
conducted in a round table fashion, except for sessions such as the public comment
period. Efforts will be made to communicate this change to the public and the
rationale behind it. Additionally, the NEJAC will no longer be the venue for many
ancillary functions, such as providing the setting for other meetings that are indirectly
related to the purpose of the meeting.
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2. NEJAC will define a consensus process by June 30, 2002. NEJAC will make this an
agenda item for the December 2001 meeting. The Executive Council will use the
document entitled, "Distinguishing Polarized Debate From Dialogue," developed by
Justice and Sustainability Associates. (Appendix B.)
3. NEJAC will ensure that the views of all stakeholder groups are part of the public
policy advice issue dialogue.
C. The Executive Council will identify ways by which the NEJAC can best address the
issues identified by the OEJ, and/or identify and recommend other issues for Agency
consideration.
1. Establish an Ad Hoc Scoping Work Group to dialogue with the OEJ and relevant
program offices to identify future public policy advice issues for Agency
consideration. The Ad Hoc Scoping Work Group will be chaired by the NEJAC Chair
or her (his) designee and will be composed of Council members, and include
members who serve on the Expanded Protocol Committee. The Ad Hoc Scoping
Work Group will meet via conference call and build on the issue scoping discussion
at the December 2001 NEJAC meeting. This Ad Hoc Scoping Work Group will
conclude its work by September 30, 2002. The Chair will report periodically to the
Executive Council, Protocol Committee, and also formally report to the NEJAC at its
December 2002 meeting.
2. NEJAC members may solicit input from members of impacted communities and
members of their stakeholder groups utilizing existing communications mechanisms.
D. EPA and the NEJAC will specify a mechanism to implement comprehensive reports and
recommendations. NEJAC recognizes that work on the proposed NEJAC Policy Advice
Development Model presented at the August 2001 Facilitated Dialogue is not finished.
(Appendix C.) This model seeks to provide the essential elements of the NEJAC
deliberative process, i.e., Issue Formulation (Scoping and Identification), Work Group
Establishment, Report and Recommendations Development, NEJAC Decision and
Transmittal to EPA Administrator, EPA Implementation and Report Back, and
Assessment of Effectiveness by NEJAC. The Model will be on the agenda for the
December 2001 meeting and will be finalized by June 30, 2002.
VI. Public Participation and Public Input Goal.
The mission of the NEJAC is to provide independent advice to the EPA Administrator on
matters of environmental justice. Obtaining the views of minority, low-income, indigenous and
agricultural worker populations and of federally recognized tribes is a critical component of the
deliberative process that produces that advice and. the NEJAC will actively employ mechanisms
to solicit that input.
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A. Public Participation at NEJAC Council Meetings.
A public comment period will be included as a part of each Executive Council meeting.
The public will be encouraged to provide comments relevant to the focused public policy
advice issue being deliberated on by the NEJAC. The Executive Council will clearly
state its functions and processes for using public information prior to the public comment
period.
B. Incorporating Community Concerns and Issues into NEJAC Policy Dialogue.
1. The NEJAC will deliberate further on the chart on "Incorporating Community
Concerns and Issues in the NEJAC Policy Dialogue" (Appendix D) at the December
2001 meeting. The NEJAC will finalize this by June 30, 2002.
2. Completing this model is important because it discusses incorporating community
issues and concerns from both process and substantive standpoints. The model will
identify specific ways that the NEJAC can ensure that impacted communities' issues
and concerns are incorporated into the Executive Council deliberative process,
reports, and recommendations.
C. Public Participation at the Regional Level.
This question has special significance to the NEJAC because many local site-specific
issues historically have been brought to the NEJAC's attention. While recognizing that
the NEJAC does not have authority to address these site-specific issues, it also
understands that its ability to function effectively in providing advice and
recommendations to the EPA Administrator is dependent on the EPA's ability to find
mechanisms which respond effectively to these local issues.
Hence, the OEJ has initiated a process whereby the EPA regional offices have agreed to
conduct local listening sessions and other activities to address site-specific issues, many
of which have come to the NEJAC's attention by virtue of its public comment periods.
This should be seen as part of the continuing implementation of the OEJ's goal of
integrating environmental justice in all the EPA's policies, programs, and activities.
Because so many of these issues have come to the NEJAC's attention, it has a special
interest in ensuring the implementation of this process. As soon as a strategy for
conducting these sessions by the EPA Regions has been formulated, the OEJ, in
conjunction with EPA regions, will provide a report to the NEJAC. The NEJAC, in its
role as an advisory body, will advise the EPA on the implementation of this strategy and
provide a set of recommendations regarding these regional listening sessions.
VII. Organization and Procedure Goal.
The NEJAC requests that the EPA initiate a review of the organizational structure and
procedures to enable the NEJAC to more effectively and efficiently develop and render advice to
the EPA Administrator. This will involve a reorientation in two fundamental areas: (1) To
transform the NEJAC process from one centered around meetings, (often viewed as
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"conferences") to one geared towards developing cogent, effective, timely and relevant
recommendations, more focus around the activities of Work Groups and/or Subcommittees
charged with developing such recommendations is needed. To accomplish this, the NEJAC will
focus on its Policy Advice Development Model and finalize it by June 30, 2002; and (2)
Subcommittees will be evaluated on how well they provide advice and recommendations. Five
elements have been identified as key to the successful operation of Subcommittees and Work
Groups: leadership, Designated Federal Officials ("DFO"), membership, linkage to and support
from sponsoring program offices, strategic goals and plan of work.
A. Subcommittees.
1. Recognizing that there exists significant differences between NEJAC Subcommittees
with respect to the five stated elements of success, the NEJAC will develop, in
consultation with the OEJ, a set of procedures by April 30, 2002, to ensure an
operational baseline for all Subcommittees and Work Groups. This will include
uniform procedures and reporting requirements.
2. NEJAC, in consultation with the OEJ and relevant EPA program offices, will
evaluate the effectiveness of the NEJAC Subcommittees. If it is concluded that a
Subcommittee is not effective, the NEJAC will recommend to the EPA the
Subcommittee's dissolution.
3. NEJAC recommends that as part of the uniform procedures for Subcommittee
operation, Subcommittees should be requested to prepare an annual strategic plan and
progress report to be submitted to the OEJ, appropriate EPA program offices, and the
Council for review. Such plans shall include the issues and procedures referred to the
Subcommittee by the Executive Council, and other issues that the Subcommittee
deems appropriate after consultation with its DFO. The NEJAC recommends that
each Subcommittee submit a new or revised plan by September 30, 2002.
4. Each Subcommittee shall be chaired by a member of the Executive Council and
should include representatives of each stakeholder group. A DFO shall be assigned
to each Subcommittee. NEJAC recommends, in recognition of the important roles
played by Subcommittee chairs and DFO's, that their roles be clearly defined with
regard to strategic goals of the Subcommittee.
5. NEJAC recommends that each Subcommittee submit a report to the Executive
Council at least thirty (30) days before each Council meeting. The report shall detail
the Subcommittee's progress on meeting the goals stated in its strategic plan.
B. Work Groups.
1. In accordance with Section 11 of the NEJAC Charter, the EPA will form Work
Groups to prepare comprehensive draft reports and recommendations to the EPA
Administrator. This is part of the Deliberative Process Goal already articulated in
Section V. As stated, the procedures require greater attention and refinement and can
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be addressed by the NEJAC paying greater attention to the proposed NEJAC Policy
Advice Development Model (Appendix C). Furthermore, this will be on the agenda
for the December 2001 meeting with the goal of finalizing this model by June 30,
2002.
2. By January 31, 2002, the EPA, in consultation with the NEJAC, will form a Work
Group to address the pollution prevention public policy advice issue. The EPA, in
consultation with the Executive Council, will assign the Work Group a specific task,
set a timeframe for performing the task, and specify the type of work product
requested.
3. Each Work Group shall include at least one representative from each stakeholder
group who may, but need not, be a member of the Executive Council. Members of
Work Groups may be stakeholder representatives not on the NEJAC.
4. As resources permit, Work Groups may seek assistance from EPA employees or
experts outside the Agency.
5. Work Groups shall follow the same procedures as Subcommittees regarding
submission of work products for Executive Council review and action.
6. Each Work Group shall sunset upon final Executive Council action on its work
product.
D. NEJAC Council Meetings.
1. Face to Face Meetings.
a. Pursuant to Section 8 of the NEJAC Charter, the Executive Council may meet
approximately two times a year. Meetings will take place with the approval of
the Director of the OEJ. In the period ending December 31, 2002, two meetings
have been approved, December 2001 and December 2002. These will be
Business/Public Policy Advice Issue Meetings and conducted as described below.
b. To facilitate its deliberations, NEJAC will organize its meeting room in a round
table fashion. The tables or seating will be moved, as appropriate, during the
public comment period.
2. Business/Public Policy Advice Issue Meetings Planned.
a. The Executive Council has scheduled its Business/Public Policy Advice Issue
Meetings for December 3-6, 2001 (Fish Consumption) and December 9-12, 2002
(Pollution Prevention).
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b. The Business/Public Policy Advice Issue meetings will be divided into two
separate segments. The business segment will follow the same format, receive
the same substantive reports, and focus on the same subject matters as are set
forth above for the business meeting. The policy segment will focus on a public
policy program addressed by a Subcommittee or Work Group. The Public Policy
Advice Issue Program will involve a broad base of stakeholders involved in the
issue. Specific recommendations will be developed in advance of the meeting for
consideration by the Council as a result of the Public Policy Advice Issue
Program. The agenda for the business/public policy meeting will be after
consultation with and final approval of the Council Chair and Expanded Protocol
Committee.
c. Each meeting will include opportunities for public comment that ensure
reasonable time for all members of the public to provide comments.
d. The Executive Council will make every effort to reach consensus (agreement),
and, if necessary, by majority vote on the advice to be rendered to the EPA
Administrator on the public policy advice issue discussed. When necessary,
further work may be requested from a Subcommittee or other group for
resubmission to Council.
e. Decisions of the Executive Council will be made based on appropriate
information and after adequate deliberations. The deliberation process occurs in
the Subcommittee and Work Group process as well as before the Council.
F. Expanded Protocol Committee.
The Expanded Protocol Committee shall conduct the business of the NEJAC when the
Executive Council is not in session. The Expanded Protocol Committee shall include at
least one representative of each stakeholder group. The Expanded Protocol Committee
conference calls will take place at the request and direction of the NEJAC Chair and the
NEJAC DFO.
G. Conference Calls.
The Executive Council and/or the Expanded Protocol Committee will meet via
conference call when face to face meetings are not held. The Expanded Protocol
Committee conference calls will take place on a monthly basis. Full Executive Council
conference calls will occur on an as needed basis, to be determined by the NEJAC Chair
and NEJAC DFO. Special conference calls can also be initiated to consider issues on a
rapid response basis.
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VIII. Communications Goal.
The Executive Council will develop a communications plan that will include at least the
following elements:
A. Improving information flow from the EPA (headquarters and programs) to the Council
will be a focus of the Executive Council. The Executive Council needs to be kept abreast
of Agency activities impacting environmental justice situations.
B. Listservs: Council believes that technology, such as e-mail, provides new procedures and
mechanisms that may facilitate Council's consideration of certain matters in a more
efficient manner than is possible through formal meetings and conference calls. Council
will explore with the OEJ the feasibility of establishing a listserv whose members would
consist of all Council members and DFOs. Council members may use the listserv to
discuss matters properly before the Council including business and policy matters.
IX. Orientation of New Council and Subcommittee Members Goal.
To integrate new members into the Council, all new members will be provided with materials
containing at a minimum the Federal Advisory Committee Act, the NEJAC Charter, operational
guidelines, organizational chart, a list of Council members, a description of the functions of the
Subcommittees, and a list of Subcommittee members; historical information including past
Council membership list and background bibliography notations on environmental justice that
include United Church of Christ 1987 document and Professor Robert Bullard's related books;
and travel guidelines and EPA ethics training for special employees. The new members will be
provided with at least two hours of orientation prior to their first NEJAC meeting, and, at such
meeting, a current NEJAC member will be assigned as a mentor.
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X. NEJAC Council Schedule.
September 24, 2001
November 2001
December 2001
December 2001
January 2002
March/April 2002
March/April 2002
April 2002
June 2002
September 2002
October 2002
December 2002
NEJAC Council Submit Strategic Plan to the EPA
EPA Approval of the Strategic Plan
Council Meeting on Fish Consumption Public Policy Advice Issue
Implementation of Strategic Plan: Discussion at Council Meeting
Establishment of Pollution Prevention Work Group
NEJAC Action on Fish Consumption Report and Recommendations
NEJAC Action on Interagency Environmental Justice Strategies
Report and Recommendations
OEJ to provide uniform procedures for the operation of
Subcommittees
Following Items to be completed:
Ad Hoc Scoping Work Group recommendations
Finalization of NEJAC Policy Advice Development Model
Finalization of Incorporating Impacted Community Issues and
Concerns into NEJAC Policy Dialogue
Develop definition of consensus
Subcommittee Strategic Plans Due
Subcommittee Progress Reports Due
Council Meeting and Pollution Prevention Public Policy Advice Issue
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January 23, 2002 (3:19pm)
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Attachment A
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CHARTER
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
1. Committee's Official Designation (Title):
National Environmental Justice Advisory Council
2. Authority:
This charter renews the National Environmental Justice Advisory Council (NEJAC) in
accordance with the requirements of the Federal Advisory Committee Act (FACA), 5 U.S.C.
App. 2 § 9 (c). NEJAC is in the public interest and supports EPA in performing its duties and
responsibilities.
3. Objectives and Scope of Activities:
NEJAC shall provide independent advice and recommendations to the Administrator on
areas relating to environmental justice that may include:
a. Advice on EPA's framework development for integrating socioeconomic
programs into strategic planning, annual planning and management accountability
for achieving environmental justice results agency-wide.
b. Advice on measuring and evaluating EPA's progress, quality, and adequacy in
planning, developing, and implementing environmental justice strategies, projects,
and programs.
c. Advice on EPA's existing and future information management systems,
technologies, and data collection, and to conduct analyses that support and
strengthen environmental justice programs in administrative and scientific areas.
d. Advice to help develop, facilitate, and conduct reviews of the direction, criteria,
scope, and adequacy of the EPA's scientific research and demonstration projects
relating to environmental justice.
e. Provide advice for improving how the EPA and others participate, cooperate, and
communicate within the Agency and between other Federal agencies, State, or
local governments, Federally recognized Tribes, environmental justice leaders,
interest groups, and the public.
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f. Advice regarding EPA's administration of grant programs relating to
environmental justice assistance (not to include the review or recommendations of
individual grant proposals or awards).
g. Advice regarding EPA's awareness, education, training, and other outreach
activities involving environmental justice.
4. Description of Committees Duties:
The duties of the NEJAC are solely advisory in nature.
5. Official(s) to Whom the Committee Reports:
The NEJAC will provide advice and recommendations, and report to the EPA
Administrator through the Office of Environmental Justice, Office of Enforcement and
Compliance Assurance.
6. Agency Responsible for Providing the Necessary Support:
EPA will be responsible for financial and administrative support. Within EPA, this
support will be provided by the Office of Environmental Justice, Office of Enforcement and
Compliance Assurance.
7. Estimated Annual Operating Costs and Work Years:
The estimated annual operating cost of NEJAC is $970,970 which includes 3.8
work-years of support.
8. Estimated Number and Frequency of Meetings:
The NEJAC may meet approximately two (2) times a year. Meetings will occur as
needed and as approved by the Director of the Office of Environmental Justice who serves as the
Designated Federal Officer (DFO) or his/her designee. EPA may pay travel and per diem
expenses when determined necessary and appropriate. The DFO or his/her designee will be
present at all meetings, and each meeting will be conducted in accordance with an agenda
approved in advance by the DFO. The DFO is authorized to adjourn any meeting when he or she
determines it is in the public interest to do so. As required by FACA, NEJAC will hold open
meetings unless the Administrator determines that a meeting or a portion of a meeting may be
closed to the public in accordance with subsection (c) of Section 552(b) of Title 5, United States
Code and will provide an opportunity for interested persons to file comments before or after such
meetings, or to make statements to the extent that time permits.
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9. Duration and Termination:
The NEJAC will be examined annually and will exist until the EPA Deputy
Administrator determines the Council is no longer needed. This charter will be in effect for two
years from the date it is filed with Congress. After this two-year period, the charter may be
renewed as authorized in accordance with Section 14 of FACA (5 U.S.C. App. 2 § 14).
10. Member Composition:
The NEJAC will be composed of approximately 26 members. Most members will serve
as representatives of non-Federal interests. Members will be selected from among, but are not
limited to, community-based groups; industry and business; academic and educational
institutions; State and local governments; Federally recognized Tribes and Indigenous groups;
and non-governmental and environmental groups as deemed appropriate.
11. Subgroups:
EPA may form NEJAC subcommittees or workgroups for any purpose consistent with
this charter. Such subcommittees or workgroups may not work independently of the chartered
committee. Subcommittees or workgroups have no authority to make decisions on behalf of the
chartered committee nor can they report directly to the Agency.
August 14. 2001
Agency Approval Date
August 21.2001
GSA Consultation Date
September 27. 2001
Date Filed with Congress
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Attachment B
Justice & Sustainability Associates, LLC
2330 Good Hope Road, Southeast, Suite 1206
Washington, DC 20020-4145
(202) 610-0005 * (202) 610-4471 fax
www iusticesustainabilitv.com
Distinguishing Polarized Debate From Dialogue'
POLARIZED DEBATE
Pre-meeting communication between sponsors and
participants is minimal and largely irrelevant to
what follows
Participants tend to be leaders known for
propounding a carefully crafted position. The
persons displayed in the debate are usually already
familiar to the public. The behavior of the
participants tends to conform to stereotypes.
The atmosphere is threatening; attacks and
interruptions are expected by participants and are
usually permitted by moderators.
Particpants speak as representatives of groups.
Participants speak to their own constituents and,
perhacs, to the undecided middle.
Differences within sides" are denied or minimized.
Participants express unswerving commitment to a
point of view, approach, or idea.
Participants listen in order to refute the other side's
data and to expose faulty logic in their arguments.
Questions are asked from a position of certainty.
These questions are often rhetorical challenges or
disguised statements.
Statements are predictable and offer little new
information.
Success requires simple impassioned statements.
Debates operate within the constraints of the
dominant public discourse. (The discourse defines
the problem and the options for resolution. It
assumes that fundamental needs and values are
already clearly understood.)
DIALOGUE
Pre-meeting contacts and preparation of
participants are essential elements of the full
process.
Those chosen to participate re not necessarily
outspoken "leaders." Whoever they are, they
speak as individuals whose own unique
experiences differ in some respect from others on
their "side." Their behavior is likely to vary in some
degree and along some dimensions from
stereotypic images others may hold of them.
The atmosphere is one of safety; facilitators
propose, get agreement on, and enforce clear
ground rules to enhance safety and promote
respectful exchange.
Participants speak as individuals, from their own
unique experience
Participants speak to each other.
Differences among participants on the same "side"
are revealed, as individual and personal
foundations of beliefs and values are explored
Participants express uncertainties, as well as
deeply held beliefs.
Participants listen to, understand, and gain insight
into the beliefs and concerns of the others.
Questions are asked from a position of curiosity.
New information surfaces.
Success requires exploration of the complexities of
the issue being discussed
Participants are encouraged to question the
dominant public discourse, that is, to express
fundamental needs that may or may not be
reflected in the discourse and to explore various
options for problem definition and resolution.
Participants may discover inadequacies in the
usual language and concepts used in the public
debate.
•Justice and Sustainability Associates, LLC acknowledges the Public Conversations Project for
the original design of this chart. The chart contrasts debate as commonly seen on U.S.
television with the kind of dialogue promoted in dialogue sessions conducted by Justice and
Sustainability Associates, LLC.
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NEJAC POLICY ADVICE DEVELOPMENT MODEL
DRAFT #1b (July 27, 2001)
v 3 Attachment C
PHASE I: ISSUE FORMULATION
Identifying Potential Policy Issue
(OEJ, NEJAC, EPA Program Office)
Initial Scoping
Issue/Policy Question Formulation
OEJ Codification of Public Policy Request
Workgroup Establishment and Designation of Chair (s)
(Should involve Subcommittees)
PHASE II: REPORT/RECOMMENDATIONS DEVELOPMENT
Outline Development
In-depth Scoping and Research
Ensure Meaningful Stakeholder Involvement, Particularly
Community and Tribal Stakeholders
Drafting
Meeting Report Consultant Retained
Workgroup assists in identifying panelists to address issue
NEJAC Meeting
Executive Council Dialogue
Subcommittees Dialogue
Refine/Expand Draft Recommendations
PHASE III: NEJAC ACTION
Finalization of Recommendations and Report
Transmittal to Agency
Disband NEJAC Workgroup
PHASE IV: IMPLEMENTATION BY EPA
Referral to Appropriate Program Office(s)
Response Letter of Commitments and Implementation Targets
Report Back to NEJAC by EPA Program Office
NEJAC Followup
Was NEJAC's recommendations effective?
What further follow up or action by NEJAC is needed?
How were reommendations implemented?
What were impacts of recommendations?
What programs were developed as result of recommendations?
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