PROCEEDINGS OF THE
NATIONAL ENVIRONMENTAL
           JUSTICE
     ADVISORY COUNCIL
              and
        SUBCOMMITTEES
     A federal Advisory Committee
                      /
          Atlanta, Georgia
         January 17-19,1995
            VOLUME 2

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                   TABLE OF CONTENTS
VOLUME 1




EXECUTIVE COUNCIL SUMMARY  	I




PUBLIC COMMENT PERIOD HANDOUTS



     MORNING SESSION			 II



     EVENING SESSION	Ill






VOLUME 2




ENFORCEMENT SUBCOMMITTEE SUMMARY	 IV




HEALTH AND RESEARCH SUBCOMMITTEE SUMMARY 	V



PUBLIC PARTICIPATION & ACCOUNTABILITY SUMMARY	VI



WASTE AND FACILITY SITING SUBCOMMITTEE 	VII

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VOLUME 2

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ENFORCEMENT SUBCOMMITTEE SUMMARY
               -IV-

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                    MEETING SUMMARY OF THE
                   ENFORCEMENT SUBCOMMITTEE

                              of the
        NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                            MEETING             '      .«


                        JANUARY 17-19,1995
                        ATLANTA, GEORGIA
Sherry Milart                         Deeohn Ferris
Designated.Federal Official          •     Chairperson
MEETING SUMMARY\ACCEPTED BY:                          j
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     NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                     ENFORCEMENT  SUBCOMMITTEE
                             JANUARY 17-19, 1995

                            EXECUTIVE SUMMARY
I.      General Topics of Discussion


       The Enforcement Subcommittee of the National Environmental Justice Advisory Council
(NETAC, or the Council) held is third meeting on January 17-18, 1995, in Atlanta, Georgia. The
subcommittee members in attendance were Deeohn Ferris, chair of the subcommittee,
Washington Office of Environmental Justice; Sherry Milan, Designated Federal Official (DFO),
EPA Office of Enforcement and Compliance Assurance (OECA); Richard Lazarus, Washington
University School of Law; Arthur Ray, PEPCO; Hope Babcock, Georgetown University Law
Center; Richard Moore, Southwest Network for Environmental and Economic Justice; Pat Bryant,
Gulf Coast Tenants Association; and Renee Lamoreux, sitting in for Laurie Morisette, EG&G
Inc.  The following topics were discussed:

•      Meeting With Steve Herman, Assistant Administrator of OECA

             The need for immediate, on-ground enforcement initiatives

             The lack of public and community participation in enforcement actions

             The need for more press coverage of environmental justice successes

             Increased workforce diversity within OECA

             The need for better public access to information

             The use of voluntary programs as a means of enforcement

       EPA's Role and Responsibility Under NEPA

             EPA should develop policy that NEPA applies to the Agency

             EPA should develop policy that socioeconomic effects can trigger an EIS

•      Environmental Justice Quick-hits

             EPA should focus its immediate environmental justice enforcement  actions where
             there is aggregation of pollution sources and poor communities of color

             After the quick-hits have been found, EPA should focus on a broader definition of
             environmental justice


Enforcement Subcommittee                                                          ES - 1

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      State-EPA Agreements

            ;EPA should enforce the responsibility of States to enforce

      EPA's Draft Environmental Justice Strategy

             The document is a good faith effort but it is written from the wrong perspective
             because it does not take into account building enforcement capacity

      OECA Environmental Justice Workplans

           •  The Workplans lack specificity and thus lack accountability

             Short-term actions are needed to change people attitudes

             EPA should be working to build enforcement capacity in communities
Enforcement Subcommittee                                                            ES - 2

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     NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                      ENFORCEMENT SUBCOMMITTEE
                              JANUARY 17-19, 1995

                                    MINUTES
I.      Overview

       The Enforcement Subcommittee of the National Environmental Justice Advisory Council
(NEJAC, or the Council) held is third meeting on January 17-18, 1995, in Atlanta, Georgia. The
subcommittee members in attendance were Deeohn Ferris, chair of the subcommittee,
Washington Office of Environmental Justice; Sherry Milan, Designated Federal Official (DFO),
EPA Office of Enforcement and Compliance Assurance (OECA); Richard Lazarus, Washington
University School of Law; Arthur Ray,  PEPCO; Hope Babcock, Georgetown University Law
Center; Richard Moore, Southwest Network for Environmental and Economic Justice; Pat Bryant,
Gulf Coast Tenants Association; and Renee Lamoreux, sitting in for Laurie Morisette, EG&G
Inc.  Also in attendance were members of the public and employees of EPA, both from
Headquarters  and from the Regions. The subcommittee focused on the following general areas
of discussion:

       •      Meeting with Steve Herman, Assistant Administrator for OECA, to discuss
             OECA's environmental justice initiatives;

       •      EPA's role and responsibility under NEPA;

       •      Environmental justice quick-hits;

       •      State-EPA agreements;

             EPA's Draft Environmental Justice Strategy for E.O.  12898; and

       •      OCEA Environmental Justice Workplans.


II.     Meeting with Steve Herman

       On Tuesday, January 17, 1994, the subcommittee met with Steve Herman, Assistant
Administrator of OECA, and Scott Fulton, Deputy Assistant Administrator of OECA, to discuss
their concerns regarding OECA's environmental justice initiatives. The topics of discussion
focused on many issues, including short-term enforcement initiatives, public participation in
enforcement actions, press coverage of environmental justice successes, workforce diversity within
OECA, public access to information, and the use  of voluntary programs as a means of compliance.
Enforcement Subcommittee                                                         Page 1

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       Immediate, On-Ground Enforcement

       The subcommittee discussed its concern that EPA is not conducting enough immediate,
on-the-ground enforcement actions. Richard Lazarus commented that EPA is spending all of its
time planning for the long-term and the long-term never comes.  Most of the activities within the
OECA workplan are training initiatives and incorporating environmental justice into existing
guidance documents. Although long-term planning is extremely important, they are not a
substitute for a series of short-term environmental justice enforcement initiatives that are aimed
at changing people's attitudes.  Further, Richard Lazarus commented that EPA has a tendency to
try to achieve precision. The Agency is spending a lot of time trying to figure out a definition for
environmental justice and trying to plan enforcement actions. However, the location of
environmental justice communities is not a subtle issue. EPA should figure out where precision is
needed and where it is not. There is a sense of precision everywhere and the subcommittee
would like  to see more specific, short-term actions.

       Public Participation in Enforcement Actions

       One area where the Agency is lacking precision is the role of the public in enforcement
actions. There are programs and outreach activities to train  the public, however the OECA
Workplans give no indication that EPA has thought through the role of the public in enforcement
actions. The Workplans continually mention community involvement, but no details are given as
to how the community is going to get the information it needs to function in an enforcement
capacity. The public should be a source of information that  can help EPA prosecute cases.  In
addition, the subcommittee commented that criminal enforcement is necessary, but it is civil
enforcement that should drive EPA's enforcement initiatives. EPA should also try to get out of
the traditional role of how they have looked at environmental citizen actions.  EPA should  think
a little more broadly and creatively about what  environmental justice litigation looks like and how
to get communities  involved.

       In response, Scott Fulton said that the role of the public in enforcement actions is one
area where OECA needs the Enforcement Subcommittee's advice and council. At present, the
Agency is struggling to figure out how to best capture the notion of community involvement in
the enforcement setting, because this areas has historically been closed to the public due to the
sensitivities of some of the information.

       Two suggestions were made for actions  that EPA could conduct. First, EPA should be
out in the  field talking to communities to  find out what the problems are and where the
enforcement opportunities are. Second, now that there is a  history of successful, community
brought, environmental justice litigation, EPA should be going back  to those communities and
figure out what worked and what did not work.  From this, EPA should figure out what role the
Agency played, if any, and whether the role that the Agency played was positive or negative.

       Press Coverage

       The members of the subcommittee commented on the lack of press coverage on the part
of EPA regarding environmental justice successes. They stressed the need for effective
communication out of the Agency on positive environmental justice  initiatives. This would  serve
a dual purpose:  (1) informing communities that environmental justice enforcement is being taken
against industry; and, (2) sending a message to  industry regarding environmental injustices.  The
 Enforcement Subcommittee                                                             Page 2

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Agency should put together information packets with stories about environmental justice
initiatives because they are welcomed by the local and regional presses. In response, Steve
Herman said that the subcommittee was hitting on something that he is extremely frustrated with
— that OECA has had a hard time breaking into the presses and getting information out on
environmental justice. He does not know if this is due to an ineffectiveness on the part of
OECA, or a bias in the presses, however it is an area where OECA must do much better and
they are actively trying to achieve this.

       Workforce Diversity

       The issue of workforce diversity within EPA, and in particular within OECA, was  raised
with Steve Herman. Despite the recent hiring in the criminal enforcement branch, Arthur Ray
commented that there have not been major strides in diversifying the workforce, particularly in
upper management and decision-making positions. Steve Herman responded that with the
reorganization of OECA, he believes that OECA has done a good job of moving minorities into
management positions. However, in terms of hiring, Steve Herman said that his hands are tied.
In his two years as AA of OECA he has only hired two new employees. However, in criminal
enforcement, the one area where he could hire, he has hired a diverse workforce. Arthur Ray
commented that it  is important to the communities to see new faces  and faces "very much like
their own" because the communities  have not been getting responses to their concerns.

       Public Access to Information

       The subcommittee discussed the need for increased public access to information.  An
employee from the Office of Compliance said that the office is working on a long term  plan to try
to provide additional  public access to their databases, however there are difficulties with
confidentiality.  The subcommittee recommended that the Office of Compliance needs to think
through how the public can get access to information. If access to information means that people
are going to need a computer then the low-income communities will still not have access to the
information,

       Voluntary Programs

       Deeohn Ferris expressed her dissatisfaction with the Agency's use of voluntary programs
as a means of achieving compliance.  The use of voluntary programs without the threat of
enforcement actions does not seem to be a  comprehensive way of looking at the situation. She
also commented that  there is a tremendous linkage between achieving compliance and
enforcement actions.  In response, Steve Herman said that there have not been any voluntary
programs that do not have an enforcement component.
III.    EPA'S Role and Responsibility Under NEPA

       Members of the Enforcement Subcommittee expressed their concern regarding EPA's role
and responsibility under the National Environmental Policy Act (NEPA). EPA has historically
taken the position that the Agency is not covered by NEPA.  As EPA policy now stands, the
Agency only does "voluntary" Environmental Impact Statements (EISs) and there is no record of
why EPA made each decision.  The subcommittee recommended that EPA should develop policy
that NEPA should apply to the Agency. If this happens, EPA would be not only be responsible
Enforcement Subcommittee                                                            Page 3

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 for conducting EISs, but EPA would also be responsible for conducting Environmental
 Assessments (EAs).  Further, there would be a record of EPA's decision to conduct EAs and
 EISs, and thus accountability on the part of the Agency.  The subcommittee also recommended
. that EPA should develop guidance saying that socioeconomic effects, (i.e., environmental justice)
 could, by themselves, trigger a voluntary EIS.  If this second recommendation occurs, it would be
 a tremendous statement that socioeconomic effects and environmental justice are a primary
 concern of the Agency.
 IV.     Environmental Justice Quick-hits

        The question of what constitutes an environmental justice quick-hit was discussed by the
 Enforcement Subcommittee.  Richard Lazarus described quick-hits as places where there are poor
 communities of color and where there is aggregation of pollution sources. This includes places
 like East St. Louis, Cancer Alley, and Richmond, California. Environmental justice teaches two
 things: (1) there is a likelihood of aggregation in certain communities; and (2) there is a
 likelihood  that there is under-enforcement in those areas.  Once those areas are identified, EPA
 should bring in their inspectors to make sure there is compliance.  This type of enforcement can
 be looked  at by the Agency in terms of allocation efficiency - you are going to get the greatest
 return where you have aggregation and under-enforcement.  After all of the aggregated sources
 (the quick-hits) have been found, EPA can begin to focus on a broader definition of what
 constitutes environmental justice.  EPA should start with the easiest and advance to the more
 difficult areas as their perception and experience grow. However, EPA should not get locked into
 the idea that environmental justice is only aggregated sources.  It is best defined by a set of mobil •
 indicators  rather than rigid items on a check list.
 V.     State-EPA Agreements

        The subcommittee expressed its desire to see some progress in the area of State-EPA
 agreements.  The OECA Workplans talk a lot about the State-EPA agreements, but it appears
 that there has been little progress made in this area. EPA has done little to enforce the
 responsibility of States to enforce.  There are problems with the way States have made choices in
 the past and there is a detrimental consequence on certain areas.  EPA must figure out
 mechanisms to ensure that State agencies are adequately conducting enforcement initiatives.
 Further, EPA should  have the ability to audit what States are doing in implementing the
 agreements.  The subcommittee recommended that the OECA Workplans should dedicate a page
 to the issue of State-EPA agreements.


 VI.    EPA'S Draft Environmental Justice Strategy

        The Enforcement Subcommittee discussed  the Enforcement and Compliance Assurance
 section of EPA's Draft Environmental Justice Strategy for Executive Order 12898 (January 1995).
 The following section summarizes the comments that were made by members of the subcommittee
 regarding the Draft Strategy.
Enforcement Subcommittee                                                             Page 4

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       Overall Perception of the Draft Strategy

       •      EPA's Environmental Justice Strategy is "a good, faith effort but they just
              overlooked this whole area, which is sort of what we've been trying to do.  Our
              feeling is the whole theory towards enforcement office is its not just federal
              enforcement.  Its a lot of different; ... its making sure there is enforcement. This
              document was written from the wrong perspective.  It didn't take into account
              building enforcement capacity" of communities, states, and tribes.

       Building Citizen Enforcement Capacity

       •      "An independent role of the Enforcement Office is not just their own enforcement
              initiatives, but it is facilitating community enforcement efforts.  And also, tribal
              enforcement efforts. . . I think one thing we've been talking about is building
              enforcement capacity in the community. .."

       •      The subcommittee is concerned with enforcement "whether it's state enforcement,
              tribal enforcement, community enforcement, or EPA enforcement."  Diamond
              number 4 on page 13 "should be rewritten in terms of that denominator, which is
              building enforcement capacity" and "to enhance and promote the enforcement
              capacity of the communities."

       •      EPA should not only be building enforcement capacity in communities, it should
              also be facilitating enforcement. "EPA  has lots of different ways in which they
              unwittingly become  obstacles, rather than facilitators."

       Direct Action Against the Regulated Community

       •      There is nothing in  the Strategy that responds to the desire for EPA to take direct
              action against  the regulated community for noncompliance.  As Deeohn Ferris
              stated: "sue somebody."

       Expanding the Definition of Environmental Justice

       •      The introduction to the Enforcement and Compliance Assurance section discusses
              targeting communities that are exposed to multiple environmental risks.  The
              subcommittee  stressed that  not all environmental justice involves multiple hazards.
              As Deeohn stated:  "Multiple hazards are an  aspect of environmental injustice. So
              too is exposure to military toxics.  So too is inadequate environmental enforcement
              infrastructure on tribal lands. So too is rural industrialization that doesn't
              advantage an affected rural community."  The subcommittee is concerned  that
              "the Strategy pigeon-holes the definition of what constitutes an environmental
              injustice or conversely, what is environmental justice by focusing exclusively on
              multiple hazards." The definition of environmental justice should be  expanded to
              include multiple, increased,  and adverse effects.
Enforcement Subcommittee                                                              Page 5

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      Civil Rights Laws

      •      The Environmental Justice Strategy should expand the use of civil rights laws
             beyond just Title VI of the Civil Rights Act because "there -are a lot of civil rights
             laws that may indeed apply" to environmental justice.  EPA should add Lead
             Abatement and the Fair Housing Act to the Strategy.

      EPA's Role Under NEPA

      •      EPA should indicate in the Strategy that the Agency will expand its  role under
             NEPA beyond its section 309 reviewing function to include voluntary EIS's. As
           .  Richard Lazarus said: "Under this proposal, environmental justice concerns would
             itself be enough for the agency to prepare a voluntary EIS. For all  other agencies
             under  CEQ guidelines, they only have to prepare an EIS based on environmental
             effects; you only have to look at socioeconomic effects once you're doing it. EPA
             would  say, well we're just doing this by administrative grace anyway, it is all
             voluntary and we've decided environmental justice is so  important that we're going
             to say  that socioeconomic effects can trigger one of our voluntary EIS's."

      Promoting Creative  Settlements

      •      EPA should include language in the Environmental Justice Strategy to promote
             creative settlements. The Strategy discusses creative approaches to  settlements of
             enforcement actions.  The Strategy encourages "settlements which promote
             pollution  prevention, remedy environmental damage and collect adequate
             monetary fines." However, the subcommittee believes that "creative settlements in
             the environmental justice context goes beyond just those things. Those three
             categories don't embrace the kind of creative settlement we're talking about:  some
             kind of way to have the company do things which will help the community build its
             own enforcement capacity."

      Emphasizing  Tribal Enforcement

       •      In  the Environmental Justice Strategy, "EPA should emphasize  the Memorandum
             of Understanding that exists between tribes and EPA and Federal agencies about
             how to proceed with enforcement on tribal lands.  There is an MOU and no one
             follows it."

       Including  United States Territories

       •      The Strategy should include some mention of Federal oversight in the U.S.
             territories. "The executive order encompasses the territories. There is no real
             discussion [in the Environmental Justice Strategy] about how any of this relates to
             what is actually going on in the territories."
Enforcement Subcommittee     ,                                                        Page

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VII.    OECA Environmental Justice Workplans.

       The following general comments were made by the Enforcement Subcommittee on
OECA's Environmental Justice Workplans.

       •      The subcommittee is looking for immediate onground, short-term enforcement
              initiatives. As Richard Lazarus said, "Long-term planning is great, extremely
              important, and necessary, but is not a substitute for bringing a series of actions and
              changing people's attitudes." The short-term actions will  change people long-term
              perspective.

       •      Overall, the project descriptions lack specificity.  The projects are heavy on
              information gathering without any clear indication of how the infirmation gathered
              will be used to adjust or improve existing approaches.  As an end in itself,
              information gathering is rather meaningless.

       •      EPA is too concerned with precision in the definition of environmental justice and
              planning every aspect of its enforcement actions. However, precision and planning
              are not always needed to the degree that EPA attempts to be precise.  "Anyone
              can spend a lot of time planning and trying to figure out exactly where
              [environmental justice communities] are and exactly how one defines them, but .
              there's a lot of things that can be done much more quickly than figuring out where
              those communities are... You have to figure out where you need precision and
              where you don't."

       •      There is a need for precision in role of the community in Federal enforcement
              activities.  "The public could be a source of information that could help EPA
              prosecute cases."

       •      EPA has to do a better job of disseminating information to the public about
              environmental issues in communities of color and economically disadvantaged
              communities.

       •      The subcommittee requested a page in the workplan that deals with State-EPA
              agreements.  As Deeohn said,  "The State-EPA agreement vehicle is a very
              important one to us and we don't see much more than vague discussions about
              how to transform that process into one that's meaningful  on the ground."

       Deeohn requested that subcommittee members provide office-specific comments, as
assigned: Deeohn Ferris, Office of Federal Activities (OFA), Office of Enforcement Capacity
and Outreach (OECO); Richard Lazarus, Office of Criminal Enforcement (OCE); Pat Bryant,
Federal Facilities Enforcement Office (FFEO); Renee Lamoreux (sitting in for Laurie Morisette),
Office of Compliance (OC); Art Ray and Richard Moore, Office of Regulatory Enforcement
(ORE); and Hope Babcock, Office of Site Remediation Enforcement (OSRE).
Enforcement Subcommittee                                                             Page 7

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HEALTH AND RESEARCH SUBCOMMITTEE SUMMARY
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                    MEETING SUMMARY OF THE
               HEALTH AND RESEARCH SUBCOMMITTEE
                              of the

        NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                        JANUARY 17-19,1995
                        ATLANTA, GEORGIA
MEETING SUMMARY ACCEPTED BY:
Lawrence
Designatec
Martin
 Federal Official
Robert Bullard
Chairperson

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         NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                  HEALTH AND RESEARCH SUBCOMMITTEE
                              JANUARY 17-18, 1995

                            EXECUTIVE SUMMARY
I.     General Topics of Discussion

      The Health and Research Subcommittee held its third meeting on January 17-18,
1995, in Atlanta, Georgia.  Robert Bullard (Clark Atlanta .University) chaired the
meeting. The subcommittee members in attendance were as follows:  Jose Bravo
(Environmental Health Coalition), Bunyan Bryant (University of Michigan - School of
Natural Resources and the Environment), Herman Ellis (representing the Chemical
Manufacturers Association), Chuck McDermott (WMX Technologies), Ben Goldman
(Jobs and the Environment Campaign), Hazel Johnson (People for Community
Recovery), Earl Tulley and Christine Binali (Indigenous Environmental Network and
DINE Care - proxies for Tom Goldtooth), and Lawrence  Martin (DFO - EPA,'Office, of
Research and Development).  The following general topics were discussed:

•     Agenda Setting

             The subcommittee agreed to discuss EPA's Environmental Justice Strategic
             Plan on Day 1 and created a list of items it wanted to discuss for Day 2 of
             the Atlanta meeting.

•     EPA's  Environmental Justice Strategic Plan

             The subcommittee discussed EPA's Environmental Justice Strategic Plan
             and provided comments and suggestions for the Health and Environmental
             Research; Data Collection, Analysis, and Access; Integrate Environmental
             Justice sections of the plan.  A redline-strikeout version of the
             subcommittee's suggestions is provided in Appendix A of the minutes.

•     Contract with America

             The subcommittee discussed the environmental justice implications of the
             Contract with America, specifically considering how it affects the work of
             NEJAC and its subcommittees.

•     Environmental Justice Health and Research  Subcommittee Pilot Project
      Recommendations to the Interagency Working Group on Environmental Justice

             The subcommittee discussed several ideas for potential pilot projects to be
             recommended to the' Interagency Working Group on Environmental
Health and Research Subcommittee                                                ES  1

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             Justice.  The main focus of all the research projects suggested involved
             developing a way to involve, the community in all aspects of the research
             process (e.g., design, data collection, implementation, analysis, and data and
             project evaluation).

•     Pilot Projects/Demonstrations

             Two presentations were given at the meeting.  One presentation focused on
             an environmental health risk study on the community of Chester,
             Pennsylvania, conducted by Region III.  The second presentation was given
             by OPPT about a community pilot project.  OPPT hoped to solicit from the
             subcommittee specific recommendations for implementation of the project.

II.    Actions/Action Items

•     The subcommittee made specific recommendations to the Health and
      Environmental Research; Data Collection, Analysis, .and Access; Integrate
      Environmental Justice sections of EPA's Environmental Justice Strategic Plan.  The
      subcommittee recommendations are provided in Appendix A of the minutes.

 •     The subcommittee made a recommendation to the Interagency Working Group on
      Environmental Justice concerning ideas for pilot projects.  The subcommittee
      agreed on three ideas for pilot projects that would need to be further fleshed  out
      with the Interagency Working Group to develop the ideas into actual projects.

 •     The subcommittee offered to set up a  conference call with the OPPT community
      pilot project team to assist the Office in correctly and sensitively identifying.a
       community on which to work on the project.  The subcommittee could also
      provide recommendations to OPPT based on their knowledge and personal
       experience that would be of value to the Office.
Health and Research Subcommittee                                                  ES - 2

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          NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                   HEALTH AND RESEARCH SUBCOMMITTEE
                              JANUARY 17-18, 1995

                                   MINUTES
I.     Overview

       The Health and Research Subcommittee held its third meeting on January 17-18,
1995, in Atlanta, Georgia.  Robert Bullard (Clark Atlanta University) chaired the
meeting. A list of the attendees is included in Section VII of these minutes.  The
subcommittee provided comments to relevant sections of EPA's Environmental Justice
Strategic Plan, discussed the environmental justice implications of the Contract with
America, and made  recommendations for pilot projects to Interagency Working Group
on Environmental Justice.  In addition, a presentation was by EPA staff from Region 3
provided the subcommittee with an example of a  current EPA community study project.
Another presentation from EPA's Office of Pollution Prevention and Toxics (OPPT) on
focused on a potential community research pilot project.  The following outline highlights
the focus of the two-day subcommittee discussions:

•      Agenda Setting

•      EPA's Environmental Justice Strategic Plan

             Health and Environmental Research
             Data Collection, Analysis, and Access
             Integrate Environmental Justice
             Public Comment Period

•      Contract with America

•      Environmental  Justice Health and Research  Subcommittee Pilot Project
       Recommendations to the Interagency Working Group on Environmental Justice

•      Pilot Projects/Demonstrations

             Chester Environmental Risk Study — presentation by EPA Region 3
             OPPT Environmental Justice Community Pilot Project — presentation by
                   EPA/OPPT
Health and Research Subcommittee                                                Page 1

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 II.    Agenda Setting

       The subcommittee agreed to discuss EPA's Environmental Justice Strategic Plan
 on Day 1 and created a list of items to discuss on Day 2 of the Atlanta meeting.  The
 subcommittee agreed upon the following agenda for the subcommittee' meetings to be
 held in the morning of Day 2:

       8:45         Housekeeping
       8:50         Contract with America
       9:20         Pilots/Demonstrations
       9:50         OPPTS Demonstration Presentation by Carol Christensen
        10:20        Tribal/Definition
        10:50        EPA Strategic Plan Draft Rewrite
        11:20        IWG Recommendations for pilot projects
        11:50        Adjourn

       Robert Bullard also noted that the Waste and Facility Siting Subcommittee
 wanted a Health and Research subcommittee representative to be present at a  Waste
 Subcommittee meeting dealing with health and research as it applies to waste and facility
 siting issues. They specifically requested the help of this subcommittee in developing a
 definition of "community health." Discussion of this  also was suggested as an agenda
 item.

 III.   EPA's Environmental Justice Strategic Plan

       The subcommittee discussed EPA's Environmental Justice Strategic Plan and
 provided comments and suggestions for the Health and Environmental Research; Data
 Collection, Analysis, and Access; and Integrate Environmental Justice sections of the plan.
 A brief overview of the changes suggested and some of the more involved discussions
 related to these suggestions are included in this section. These and all other
 recommendations are included in Appendix A of these minutes. (Subcommittee
 recommendations are represented by redline text and the  strike-out text indicates
 recommended deletions.)

 Health and Environmental Research

       In this section, the subcommittee suggested adopting  as environmental justice
 health and research goals, the three goals that Carol Browner outlined in her letter at the
 beginning of the Strategic Plan.  A subcommittee work group, consisting  of three
 subcommittee members, restructured these goals to incorporate environmental justice
 health and research priorities and reorganized the "Options for Action" from the old
 "Objectives" into the new goal categories.  The subcommittee included additional goals
 and actions that were deemed necessary to further environmental justice  research
 priorities. The work group presented this to the full subcommittee to review and provide
 additional comments. (See Appendix A, pages 7-11, for the final product resulting from
 the subcommittee's suggestions on this section.)
Health and Research Subcommittee                                                  PaSe 2

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Goals and Timelines

•      Bunyan Bryant initially suggested that a time boundary for each goal and/or action
       be assigned. Robert Bullard added that some actions may be just as important as
       others but may not need to be implemented immediately.  It is important to
       determine which actions need to be addressed in the first action year of the plan.

•      Chuck McDermott noted that some actions are  more applicable to timelines,
       particularly those that  may be ongoing actions, such as working with the scientific
       community to improve health and risk assessments.  Bunyan Bryant agreed, but
       added that there needs to be a benchmark for evaluating this relationship in terms
       of how well each party involved is performing the job it is assigned.

•      Herman Ellis recommended indicating that the Strategic Plan be a 1995-1997
       strategy.

•      Earl Tulley agreed that timelines are important  to ensure that people are held
       accountable and are not rushing through their responsibilities at the end.

•'     Robert Bullard expressed that, in his opinion, EPA does not want a lot of details
       in the strategy.  Jose Bravo stated that the subcommittee does not necessarily
       have to abide by that indication.

•      Lawrence Martin indicated that this strategy is very general. The document was
       initially a detailed report and resembled an implementation plan.  There were
       some recommendations for milestones/dates and also sections on measures for
       identifying progress in  meeting these objectives.  All of these elements were
       eliminated. It is important to recognize the difference between a strategy plan
       and an implementation plan. Timelines and milestones may be more appropriate
       for an implementation plan.  He recommended  that the  subcommittee make
       recommendations for the strategy, and, so that comments on measures and
       timelines do not get discarded as inappropriate for the strategy, they should make
       concrete suggestions for implementation (e.g., timelines and measures of
       progress).

•      Ben Goldman suggested that money is as important as timelines.  He
       recommended advising EPA on how much to spend over a specified period of
       time. The subcommittee needs to take the time to make sure that five,  ten, and
       even twenty year goals are  outlined.

•      Chuck McDermott stated that it is important to determine whether the
       subcommittee suggestions are for a goals, strategy, or implementation document.
       The subcommittee should focus on the things that are uniquely strategy  items and
       add to the strategy a statement to address goals, milestones, and timelines.
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•     Ben Goldman disagreed, stating that it is important to. identify the goals and then
      outline the strategies for achieving them. He suggested that the document be
      structured so that each section has a long-term vision. This could be
      recommended to the entire NEJAC so that the other subcommittees may consider
      doing this in their sections.

•     Ben Goldman stated that he does not see the goals that Carol Browner outlined
      in her letter reflected in  this  section. These are good goals that need to be
      translated into a research objective.  Chuck McDermott suggested that the
      environmental justice research definition be  a template for the goals of this
      section.

•     Bunyan Bryant suggested that Carol Browner's goals be repeated in each section
      followed by a list of specific goals as they relate to each section.  He suggested
      that two or three people work over lunch to flesh out the definition of
      environmental justice research and work on incorporating this definition and Carol
      Browner's goals into goals for this section. Ben Goldman, Chuck McDermott, and
      Bunyan Bryant agreed to do this.

•     Ben Goldman stated that expanding research capacity should not be the main goal
      of this section.  Whatever research exists at  affordable levels should focus on
    •  promoting the goals Carol Browner has identified.

•     Chuck McDermott suggested that expanding research capacity may not be an
      environmental justice goal .for the Agency, but rather a strategic  issue.  He agreed
      with Ben Goldman about the workability of the three goals and their role as
      guidance, but he added that  the goals should not shy away from  improving the
      scientific basis for informed decisionmaking.  There is a need for improved science
      for source reduction and better understanding of synergistic and  cumulative risks,
      etc. If this  is a  political  document, it should not omit this component.  Improving
      the scientific basis for informed decisionmaking is an area on which all sides can
      agree.

Native American Issues

 •     Robert Bullard  noted that the executive order has a  section dealing with health
      research and measures to address subsistence consumers of fish and wildlife.  The
      strategic plan should also address research that deals with unique populations
      (e.g., tribes).

 •     Ben Goldman suggested that under the goal addressing disproportionately
      impacted communities, there could be  an option action addressing  culturally-based
      disproportionate impacts.  Robert Bullard stated that the E.G. specifically looks at
      fish and wildlife consumers, yet little research exists on this issue. It could be
      addressed through cumulative health effects, but dealing with the specific research
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       needs in relation to fish and wildlife consumer populations are not in this
       document.

       Earl Tulley suggested adding an entirely new section on Native American issues to
       the Health and Environmental Research section. He agreed to compile a section
       with options for action on Native American issues.

       Chuck McDermott suggested adding a final section on implementing budgets,
       timelines, and an evaluation process. He agreed to  draft the language of this
       section.
Partnerships
 •      Jose Bravo suggested that communities should have the option to request to hire
       their own staff to define a risk assessment.  He was concerned that EPA's
       strategic plan still treats communities as subjects and not as equal partners.
       Robert Bullard suggested that one pilot project could be a research project in
       which impacted communities are real stakeholders in developing and  designing
       research in the framework of community-driven research. Hazel Johnson
       suggested that all agencies need to be a part of the partnership.  Chuck
       McDermott suggested drafting a community-lead research bullet to list as a first
       priority.

 Training

 •      Ben Goldman suggested that there be a specific bullet about training. One action
       would be that EPA needs to develop a program to train its staff to participate in
       partnerships with the public and train the public to participate in partnerships with
       agencies.  Jose Bravo added that the dissemination of information resulting from
       the research should be addressed.  Chuck McDermott suggested that  this could be
       part of the next section on Data  Collection, Analysis and Stakeholder Access to
       Public Information.

 •      Robert Bullard stated that training needs to be in the community itself so that
       there is  a cross-fertilization in terms of skills and use of technology. Bunyan
       Bryant suggested adding a bullet about training on data collection, formulating
       research questions, and performing data analysis.  Training needs to teach  the
       public how to be researchers, not just partners.

Sustainable Communities

•      Robert Bullard asked what the indicators of a healthy and sustainable community
       are. Ben Goldman noted that there is an interagency working group  on indicators
       of sustainability.  He also noted that the President's Council on Sustainable
       Development defines sustainability according to three variables: economic viability,
      .environmental integrity, and social justice.  A research agenda for EPA should be
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        to play a role in developing these indicators.  Lawrence Martin indicated that
        there was a draft of those indicators circulating around the Agency in June 1994.
        ORD commented on that draft indicating that integration of the environmental
        and social welfare and economics variables was poor, and therefore, the indicators
        did not adequately represent the idea of sustainability. Ben Goldman added that
        this environmental justice work is about integrating indicators and it makes sense
        to recapture that as part of this agenda.  Integrating indicators should be a major
        part of the data analysis and 'collection section of the Strategic Plan.

 •      Herman Ellis suggested looking at the condition  of a community in terms of health
        (i.e., infant mortality,  life expectancy)  and use these measures to gauge  sustainable
        development. Robert Bullard added that education, employment, housing, and
        access to health and medical services would also  need to be evaluated — it is more
        like evaluating the Quality of Life.  Jose Bravo agreed that the definition of
        sustainable community is more than just environmental issues and could take
        several days to define.

 •      Ben Goldman and Robert Bullard agreed to draft the subcommittee's suggestions
        regarding sustainability for this section of the Strategic Plan.

 Data Collection, Analysis and Stakeholder Access to Public Information

 Public Access and Oversight

 •      Bunyan Bryant suggested that the goals that Carol Browner outlined in  the letter
        should be rewritten at the beginning of this section to relate  to data collection and
        analysis as was suggested for the Health and Environmental Research section.  He
        also noted that every  option for action in this section says "EPA will" and no
        where  does it say "EPA and the community will." He suggested that the
        subcommittee determine where community participation may be able to play a
        role. Robert Bullard  agreed.

 •       Ben Goldman stated that effective information systems working with communities
        have to include two-way information flow.  The only way to do that is to give the
        communities a stake in technology control.  He stated that this section is set up
       under the old model of communication, which does not provide for any
       community feedback or oversight.  This is a fundamental problem with  TRI and
       all EPA public information systems. TRI was set up for public access but with
       minimum public involvement in the design and operation of  the system. Herman
       Ellis asked for a clarification of what Ben Goldman means by "control." He
       answered that affected people need to help create the information, provide
       feedback on the way in which it is created,  and help design access mechanisms.
       Providing for public access and control would call for the creation  of advisory
       boards that involve the affected communities in major strategic design decisions of
       these systems.
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       Chuck McDermott suggested that it be "public access and partnership," because
       oversight implies something that goes beyond partnership. Lawrence Martin
       stated that the Agency would have a difficult time developing a framework for
       public oversight beyond what currently exists (i.e., the democratic nature of our
       political system). Robert Bullard stated that if the group feels strongly about
       "oversight" it should be included.  Ben Goldman added that if there is no means
       for public oversight of information systems, the  public does not get access to
       systems that are useful.

       Ben Goldman stated that there is a need to improve the current system of public
       participation.  The  language in this  section does not prevent the problems in
       design that occurred in developing the TRI system from occurring again.  There is
       nothing here to address environmental justice community concerns. Chuck
       McDermott noted that industry also does not feel that current  reporting
       requirements are effective.  Perhaps a bullet that says "EPA will include
       participation of affected  stakeholders  in the design of these enhanced or revised
       accessibility measures" is more appropriate.  Ben Goldman asked how to change
       the process to ensure that the bureaucratic interests are not the only ones
       represented.

       Chuck McDermott stated that a lot of information that already is compiled and
       available to people is confusing, difficult to access,  and too obscure. He thought •
       that the object of this section is to make the information more user-friendly and
       more accessible to  affected  groups.

       Jose Bravo added that in mixed zoning communities an industry can be located
       next to a neighborhood.  If  there  is  a  known health affect linked to that industry
       then the community needs to know  what chemicals and processes are involved in
       that industry.  Mixed zoning is common in a lot of communities and should be
       changed.

       Ben Goldman stated that, in the section involving data gaps, components on the
       data needs of communities and mechanisms that EPA will use  to determine these
       needs  are missing.  He also  added that there is  no  mention of pollution prevention
       in the  document. Under data reporting there is no option for facilitating or
       initiating citizen reporting. In the Data Integration and Analysis section, the
       second bullet needs an economic  data component.  Without the economic
       component, the environmental justice implications would not be fully assessed.
       The steering committee that is discussed in the fifth bullet should include
       community participation.  (See Appendix A, pages 14-15).

       Chuck McDermott  had a question regarding the meaning of the following bullet:
       "EPA will use hazardous waste information on facilities to track environmental
      justice issues."
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 Shall or Will

       Earl Tulley asked what the difference between using "will" and "shall" is. Robert
       Bullard stated that, he would get confirmation on the use of these terms.

 Integrate Environmental Justice

       For specific changes made to this section, see Appendix A, pages 26-29.

 Public Comment Period

       The subcommittee agreed to allow time for a public comment period on the day's
 discussion. The following bullets summarize the comments made by public observers of
 the subcommittee meeting.

 Cynthia  Warren - PhJD. student, Environmental Science and Public  Policy, George Mason
       University.

 •     Risk assessment is not sound science unless there is sound data. Statements in the
       Strategic Plan regarding needs assessments and cumulative exposure risks need to
       be stronger so that sound science can exist. Currently, there is not enough data to
       perform scientifically sound risk assessments.

 •     Risk assessments, as they are currently conducted, do not include public
       participation.  Only after risk assessments are completed is the public allowed to
       comment.  This process is not effective.  The assessment does not take  into
       account all the variables that the community might feel are important to include.
       There is a need for some form of public participation in the  risk assessment
       paradigm.

 •     Communities are concerned that researchers do not always ask the right questions.
       If the researchers come from the community and have the sensitivity of the
       community, the right questions can be asked and the data  can be incorporated
       into the research.

Beverly Johnson — Toxics Risk Reduction Institute, University of Massachusetts

•      The statements regarding "informed decisionmaking" in -EPA's Strategic Plan need
       to be clarified.  For people who are not researchers, words like "sound science" do
       not mean anything.  It is an abstract  concept that needs to be clarified so people
       in the community can better understand issues.

•      Regarding the sentence that reads "EPA will assess, as appropriate, major sources
       of high environmental risks...." (bullet number 2, page 9, Appendix A), what is  a
       "major" environmental risk and how does it differ from a "minor" risk?  Using
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       words like this limits what people can do. Have the major sources been
       identified?  If they have, identify them somewhere in the Strategic Plan.

 •      If the NEJAC  and its subcommittees recommend that the use of the word
       "minority" is inappropriate, then the Strategic Plan should reflect this.

 •      Overall, she agrees with what the group has to say about community partnerships.

 •      A pollution prevention  component is missing from the second goal of the Health
       and Environmental Research section, as amended by the subcommittee. It is
       important to say that by the year 2000 there will be no communities that are
       disproportionately subject to environmental risk. This statement needs to go a
       step further because the whole idea around the concept of pollution prevention is
       that there is no risk because there is no pollution to create the risk. There  should
       be a statement that addresses the concept that no one should be subject to
       environmental  hazards. It is not a matter of making sure that everyone is equally
       subject to the same amount of risk, because there should be no risk at all.

       Subcommittee Response

             Robert  Bullard responded that the initial  recommendations to the Agency
             used the phrase  "people of color," but the Agency chose to use  the term
             "minority." On page 5 of the Strategic Plan there is a disclaimer, which
             indicates that the Agency is mindful and supportive of many communities'
             desire to use the term "people of color," but  has chosen the term "minority"
             to be consistent  with the executive order.  Robert Bullard added that the
             way in which people define themselves is  empowering and EPA's refusal  to
             accept communities' definitions of themselves is disempowering.

       •      Chuck McDermott added that the subcommittee intends to add bullets
             about pollution prevention.
John Sherry - University of Arizona and DINE Care

•      Participatory design of information systems is a technical field in the computer
       industry that emphasizes the participation of users in these systems. There is a
       technical precedent for the participatory component that Ben Goldman talked
       about.  There is a lot of available information in the literature in to reference to
       this issue.  It goes beyond access, extending to what is considered "information."
       The community should  actively participate in determining what type of data is
       collected.  Equal importance should be given to this data and data  that has
       traditionally been collected.
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 IV*    The Contract With America

       Chuck McDermott provided a summary of the main provisions of the
 Republicans' ten point legislative program, the Contract with America, discussing how it
 relates to environmental issues.  The following is a subcommittee discussion of the
 Contract with America and how it specifically relates to the environmental justice
 movement and the work they are doing as members of a NEJAC subcommittee.

 •     Ben Goldman stated that the reason the Republicans did so well is because  of
       tremendous increases in inequality in America.  These inequities are not just
       racial.  These conditions have created the "anxious middle class,"'a class that is
       slipping down the hourglass of income distribution. The Republicans have
       appealed to this class with tax cuts and a deregulation strategy, saying that
       environmental regulations are going to take away property and other personal
       ownership rights.  Economic issues are core to the future of the environmental
       justice movement.  The environmental justice community is going to be on the
       losing side if it does not determine how to appeal to the "anxious middle class" by
       focusing on jobs and implementing environmental strategies for job creation and
       wage enhancement. This approach is different than simply freeing the private
       sector to pollute.

 •     Bunyan Bryant noted that a book called Green Gold claims that a lot of jobs have
       been created because of strict environmental  technologies.  He suggested that
       there is a need to draft a long-term strategy to develop environmental  regulations
       that help create jobs and develop alternative  technologies that are clean and
       environmentally benign.  The question is what can be done in the interim.

 •     Ben Goldman suggested that when the subcommittee talks about pilot projects, it
       should think about research to create viable economic activities that do not cause
       increased environmental risks and may decrease those risks.  The Federal
       government should invest money into business activities that have the potential to
       benefit low-income and communities of color. These types of business activities
       will disproportionately benefit the communities that suffer the burden the most.
       There has been little research done to demonstrate or evaluate this hypothesis.

 •     Ben Goldman added that there is also the issue of "how clean is clean?"  New
       analytical techniques need to be developed to identify community values.  In other
       words,  "how clean .does  the community want to be?"

 •     Bunyan Bryant proposed the following scenario: Because of Federal government
       cutbacks, EPA determines that it cannot afford to support certain enforcement
       and compliance programs in some communities, or it decides that it cannot send
       people to FACA meetings.  It is important to start thinking about what happens
       to the work that was begun in NEJAC and not underplay the importance of the
       Contract with America.
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 •      Robert Bullard said that the strategy of the environmental justice movement has
       to emphasize enforcing laws that are currently in place, but are overlooked in
       certain communities. Talking about cuts is nothing new.  It is important to
       challenge the Democrats to be true to their constituents.

 •      Christine Binali believes that the Contract with America puts non-Federally
       recognized people — those who have always been under-represented ~ in the
       worst situation.  EPA should back the local communities and get the Federal
       agencies to act on the Contract with America.

 V.     Environmental Justice Health and Research Subcommittee Pilot Project
       Recommendations to the Interagency  Working Group on Environmental Justice

       The subcommittee suggested the following issues/areas as ideas for research pilot
 projects:

 •      Pollution prevention
 •      Cumulative risks
 •      Sustainability/economic development (brownfields)
 •      Partnership and community-driven research
 •      Tapping into community concerns and traditional knowledge (How to document
             and respond to these concerns?)
 •      Encouraging communities to take control of-economic development in their areas
 •      Training community people to participate in pollution prevention and research
             projects
 •      Empowerment zones/determination of healthy and sustainable communities
 •      HUD/EPA study of environmental public health issues in public housing
 •      Tribal training on environmental/public health research issues, specifically related
             to cumulative risks

 •      Robert Bullard suggested developing a project to deal with healthy and
       sustainable communities that would address existing programs, such as
       empowerment zones. This effort could develop a project that would design a
       model or index to identify a healthy community.  It would be developed at the
       level of the community in the empowerment zone to determine how to create an
       economic infrastructure to provide jobs,  training, education, transportation, within
       the empowerment zone and at the same time create a sustainable  community.
       There is not a lot of research that integrates this type  of information to  develop a
       definition of sustainable communities.

•      Hazel Johnson asked what  happens to a heavily polluted community that is not in
       an empowerment zone?  Would  it be included? Robert  Bullard responded that
       projects would have  to be inclusive if they are going to be representative of an
       environmental justice initiative developing from this project.
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 •      Ben Goldman suggested another project to recommend to the Interagency
       Working Group would be public housing.  For example, HUD has never looked at
       the correlation between CERCLA sites and public housing.  HUD is resistant to
       addressing environmental concerns because they have traditionally supported the
       reduction of housing costs. Taking environmental concerns into consideration
       would increase those costs. It would also educate the housing community of the
       value of environmentally-sound planning and design standards.

 •      Christine Binali suggested developing a project that involves EPA and a tribal
       community working with Federal agencies, such as the BIA and IHS, to encourage
       these agencies to react to EPA regulations. This could be included as part of a
       cumulative risk project in which the community is subject to cumulative risks,
       including oppression.  Jose Bravo added that often what researchers perceive as a
       risk in a certain community does not encompass what the community perceives as
       risk.  For example, risk is not only living in proximity to a hazardous waste facility,
       but also violence in the streets and police brutality.  The project would need to
       assess programs that are reflective of risk communication interests of the
       community and promote cultural values.

       The subcommittee agreed to recommend to the Interagency Working Group on  .
 Environmental Justice that the subcommittee work with this working group to develop
 three of these ideas (empowerment zone/healthy community, HUD/EPA study of
 environmental public heath issues, and a tribal pilot on environmental and public health
 and cumulative risks) into community research pilot projects.

 VI.    Pilot Projects/Demonstrations

 Chester Environmental Risk Study — Presentation by Dominique Lueckenhoff, EPA
       Environmental Justice Coordinator, Region 3

       A summary of the Chester Project, highlighting Dominique Lueckenhoff s
 presentation, is included as Appendix B to these minutes.  The following is a summary of
 the subcommittee discussion that ensued from her presentation.

 •      Dominique Lueckenhoff stated that Chester does not have  a health department.
       There are state funds available for communities to set up health departments with
       some matching from local governments.  The local government in Chester did not
       use these funds.

 •      Robert Bullard asked if the project provides for "next steps" now that the data
       collection and analysis is complete.  Dominique Lueckenhoff stated that the
       project has empowered the community, because now there  is documentation of
       what is happening environmentally in their community.  The community has
       invited HUD to meet with them to discuss community improvements.  The
       community needs to sit down with HUD and EPA to convince HUD to be
   •    responsive to the community's needs.  The community is concerned about pending
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       permits in the area, lead pollution issues, obtaining assistance from the state, and
       accessing existing resources.

       Jose Bravo asked what projects would be implemented now that the study is
       complete. Dominique Lueckenhoff said the community is focusing on
       improvements. The community has indicated that it does not want more waste
       facilities.  It is working to prevent this while encouraging economic redevelopment.
       Jose Bravo asked what zoning is like in Chester. Dominique Lueckenhoff
       explained that the Chester City Council passed an amendment to the zoning
       authority, wherein a facility now has to show that it has no emissions to be located
       there. Relocation has been a topic of discussion. .The community applied to be
       an empowerment zone under HUD in an effort to get relocation monies.  The
       City Council put money aside for a study about how to relocate people in the
       community.

       Lawrence Martin questioned the pollution prevention initiatives that were
       occurring there. Dominique Lueckenhoff replied that EPA is offering assistance
       in conducting pollution prevention audits of businesses in the area to .determine
       pollution  reduction methodologies. All this seems to be happening from the
       results of the study, which has helped the community prioritize its pollution
       prevention activities.

       Ben Goldman stated that he is skeptical about how the study feeds into a process
       that leads to improvements in the community.  This is not a cumulative risk  study.
       Ben Goldman said  that he received a phone call from a group of housewives in
       Chester complaining that they had high cancer rates and that they  had submitted
       this information to  the state and county health departments and were told that the
       individual sites were not  statistically significant.

       Dominique Lueckenhoff  stated that one of the goals of the study was to find out
       where the data gaps were in EPA-, state-, and locally-funded data collection
       efforts. Most of the data was not collected for purposes of a true risk assessment.
       Ben Goldman stated that the report can only be used as a political instrument:
       He asked if the study helped to get the community organized. This study
       operated  on the traditional model, which is not the model on which the
       subcommittee envisions research operating.  Dominique Lueckenhoff responded
       that the study was done too quickly, in only 180 days. The community (church
       ministers) came to the Regional Administrator, asking him to do something. Ben
       Goldman  asked if this  process empowered these ministers to act.  Dominique
       Lueckenhoff responded that she is aware that they are looking at legal issues and
       that EPA has launched an enforcement strategy in Chester as a result of the
       study.  These issues are divided into economic, scientific, legal, health, and
       political.  The study has directed political attention to Chester.  For example, now
       there is a  state health department with an action strategy to work with  Chester
       and an environmental department within EPA that has  ea.ch program area from
       RCRA to Water looking  at enforcement and compliance strategies for  Chester.
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       ATSDR is also involved. The study helped EPA and the community answer
       questions about how to focus on improvements, better education, and how to work
       with delegated authorities; the question now is how to transfer the study results
       into policy and regulatory actions.

 •      Herman Ellis asked if the community feels capable of reaching,its goals
       independently.  Dominique Lueckenhoff responded that, yes, they can speak for
       their own interests, but they recognize that they need help. For lead issues, there
       is state money, but until they get a plan approved at the local level they do not
       have access to these funds.   Working with the local government is a priority.

 •      Chuck McDermott asked Dominique Lueckenhoff what sort of refinements to the
       current project she would make if she  could do this study over again. Dominique
       Lueckenhoff responded that she would collect data, such as air samples and take
       more time to sit down  with the community to  deal with their concerns.  She would
       also have someone from ATSDR, CDC, or a doctor be available from the start of
       the study because health was a central community concern.

 •      Dominique Lueckenhoff stated that she would provide them with copies of the
       maps and the full report.

 OPPT Environmental Justice Community Pilot Project -- Presentation by Carol
       Christensen. EPA/OPPT

       An outline of Carol Christensen's presentation is provided as Appendix C to these
 minutes.  The subcommittee provided the following comments, questions, and suggestions
 for the OPPT Environmental  Justice Community Pilot Project.

 •      Herman Ellis encouraged the creation of an ethnically diverse OPPT team. He
       asked if there would be an OPPT office set up in the community, and suggested
       that OPPT make themselves easily accessible to the community.

 •      Jose Bravo stated that  in some communities, mixed zoning ordinances exist in
       areas where communities want small businesses, even very polluting ones, such as
       dry cleaners, to stay in  the area and work with pollution prevention projects. Jose
       Bravo suggested that the pilot project study the community problems and also
       consider implementing  solutions to'these problems.

 •      Ben Goldman provided the example of one community in Boston, Massachusetts,
       in which no TRI sites or Superfund sites are located. Instead,  the main employers
       are financially burdened autobody shops,  resulting in pollution  problems related to
       underground storage tanks,  solvents, hazardous chemicals,  and  fly-by-nights. The
       first response of the local government is  to list the, top ten worst sites and shut
       them down and clean up the area.  Perhaps OPPT could provide technical
       assistance within the process of community organization. OPPT could set up
       demonstrations to develop-a way to support the economic viability of the local
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       industry while cleaning up the area.  OPPT would not come into the community
       with all the answers, but would be there for guidance and assistance.  He
       suggested designing focus groups, finding funds for payment of community
       members, and experimenting with new ways of gathering data (e.g., coupling an
       EPA representative with a  community-based organization representative to meet
       with the autobody shop owners/operators as a process for gathering information).
       The process would require working with and providing expertise to auto-shop
       workers to clean up their own shops.  It should be a slow process of community
       cleanup designed in partnership.

       Lawrence Martin suggested that in dealing with Native American communities, it
       is important to recognize that the concerns of tribal governments do not always
       reflect the needs of Native American communities.

       Robert Bullard suggested that OPPT tap into the resources of existing
       organizations and  networks for the selection of a community for the pilot project.
       OPPT could choose a community where resources from other projects occurring in
       or near the community could be used and where EPA would be welcome. This
       may require coordination with other Federal agencies.

       Herman Ellis asked if OPPT would be willing to  be evaluated by the community
       on their involvement in the project. In addition,  Robert Bullard suggested that a
       community advisory committee should be established to monitor and periodically
       evaluate the progress of  the project and OPPT's  role.  Herman Ellis also'asked if
       OPPT would be flexible  if development of the project required changes in initial
       plans and structure.

       Ben Goldman suggested  identifying a community with effective partners and
       developing criteria for identifying the basic capacities for working in a community
       (e.g., a sizable NGO, local government willing to  put money into an advisory
       committee).

       Hazel Johnson provided  the example of the research project that was conducted
       in her community  on the south side of Chicago.   The community, in conjunction  •
       with the public health department, developed a survey to obtain health
       information from a sample of homes in the community. The health department
       trained  community members to administer the survey. Toxicologists then analyzed
       the information and a press conference was held  to publicize the results.

       Christine Binali stated that considering the selection of only those communities
       with "well-established" NGOs and strong networks is too limiting.

       Lawrence Martin suggested that several parties can benefit from the project «
       OPPT, the community, and this subcommittee. The subcommittee may want to.  •
       become involved with the project, too.  Ben Goldman stated that the key goal
       should be to develop an  effective partnership. If the community wants the
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       subcommittee involved, then it would be appropriate for the subcommittee to
       provide its services.

       Chuck McDermott suggested that a conference call between the OPPT team and
       the subcommittee be held to identify a community and provide other ideas for
       pilot activities. The subcommittee agreed to do this.
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VII.  List of Participants

      Subcommittee Members

      Robert Bullard (Chair) - Clark Atlanta University
      Jose Bravo ~ Environmental Health Coalition
      Bunyan Bryant ~ University of Michigan
      Herman Ellis — representing the Chemical Manufacturers Association
      Ben Goldman — Jobs and the Environment Campaign
      Hazel Johnson  — People for Community Recovery
      Chuck McDermott - WMX Technologies
      Earl Tulley and Christine Binali ~ proxies for Tom Goldtooth, Indigenous
            Environmental Network

      EPA

      Martin Lawrence (DFO) - Office of Research and Development
      Carol Christensen — Office of Pollution Prevention and Toxic Substances (OPPTS)
      Dominique Lueckenhoff ~ Region 3

      Public Comments

      Cynthia Warren ~ George Mason University
      Beverly Johnson - University of Massachusetts
      John Sherry — University of Arizona
Health and Research Subcommittee                                               Page 17

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                  APPENDIX A




Comments on EPA's Environmental Justice Strategic Plan

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                                                  Health and Environmental Research
            HEALTH AND ENVIRONMENTAL RESEARCH1
                                                   *.'

       In coordination with other Federal agencies, EPA will design the environmental and
       human health research needed to support its environmental justice programs.
IMPORTANCE OF HEALTH AND ENVIRONMENTAL RESEARCH

       An important aspect to advancing environmental justice in minority populations and
low income populations is tho need to evaluate the risks that toxic exposure poses to human
health.  Minority and low incomo populations may bear a greater burden and higher
frequency of those exposures and, consequently, may have a higher risk or increased
susceptibility to cancer, respiratory diseases,  reproductive, immunologic, neurologic, and
other health effects.—One goal of environmental justice research  is  to improve the scientific
basis  for informed decision making.

The Goals of BPA J^vtamental Justice Research are;

1,'    By the year 1996, to ensure that affected people m communities under study wili be
       Ml partners ia all EPA research, includiogr design, data  analysis,  implementation and
       dissemination*.

£. - i   By the year 1996, to ensure that no segment of the population regardless of race>
       color* national origin, income* ethnicity, age» or gender be subject to disproportionate
       exposure lo risk from environmental pollution*

3,     To ensure that all people live in a clean  healthy and sustainable Community,

4,     To ensure that research in Hative American communities  will address both the unique
       requirements, and the unique contributions, which Native Americans can bring to a
       research partnership, due to their special relationship to the environment.

5.  'By mi4*l995, ensure that the EPA will make public an implementation plan setting
       out timelines, budgets, and acscountability measures which will assure timely
       Implementation of these research goals and objectives in a way that serves community
••'"  1  For more information on environmental justice research see the Executive
Summary from the Symposium on Health Research and Needs to Ensure EnvirommjM
Justice.

EPA Draft Environmental Justice Strategy       Comments: HeaUh and Research - January 19, 1995
January 1995

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OBJECTIVES FOR HEALTH AND ENVIRONMENTAL RESEARCH

ij     Research Partnerships: By the year 2000, affected people in communities tinder study
       will be full partners in all EPA research, including; design* data analysis,
       implementation and dissemination.
       Options fnr Actions:

       4      Sound Science: EPA, in partnership with affected stakeholders, will ensure that
              the Agency's environmental policies are based on cottintunity-lead'iesearcll and
              sound science and significantly address and incorporate environmental justice
              and socioeconomic concerns into its research and related activities.

       *      EPA will work with the scientific community, the affected community,
              business, industry and other stakeholders to improve health assessments and risk
              assessments and incorporate environmental justice and socioeconomic issues into
              its policies and guidance.

       *      EPA, in partnership with affected stakeholders,  will support environmental
              justice research through (1) financial support to academic centers or
              organizations whose mission is to examine environmental justice issues, (2)
              competitive grants to specific researchers examining environmental justice
              questions, (3) sponsorship of symposia and conferences aimed at advancing
              environmental justice scholarship, and/or (4) exchange programs between EPA
              and non-governmental groups with a shared research agenda.

       4      EPA, in partnership with affected stakeholders, will expand (city and state
              health and housing departments)/interagency/and other intergovernmental
              partnerships to ensure a coordinated research strategy and the ability to target
              cross-disciplinary projects in communities  "at risk".

       *      EPA, in partnership with affected stakeholders, will support multi-stakeholder
              conferences, workshops, and programs to focus on national environmental
              health research needs.

       *      EPA, in partnership with affected stakeholders, will provide minority
              populations and low-income populations the opportunity to comment on the
              development and design of research strategies developed under the Order.

       1      EPA will provide the necessary resqurces to help train community people^
              government personnel, and academics to be effective co*partnm in theresearcft
              process.  This training will include such things decision making, grou
              research design, Questionnaire construction* data collection, data analysis!
EPA Draft Environmental Justice Strategy          Comments: Health and Research ~ January 19,1995
January 1995
                                           8

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                                                     Health and Environmental Research

ZJ Disproportionate Impacts: 'By the year 2000, all EPA research' Mil ensure that tk> segment
of the population regardless of race, color, national origin, income, ethnicity, age, or genres
suffers disproportionately from adverse human health and environmental effect's.
                                    •

       Options for Actions;

       4      EPA, in partnership with affected stakeholders, will evaluate the current state of
              knowledge in exposure and cumulative risk fields, and then identify community
              data gaps and research needs.

       4      EPA, in partnership with affected stakeholders, will assess, as appropriate,
              major pollution  sources of high environmental risks in targeted minority
              communities and low-income communities, and provide pollution prevention
              research to support risk reduction from those sources.

       4      EPA,  in partnership with affected stakeholders, will address exposure in at least
              three main areas:  methods development, monitoring data,  and model
              development.  The Office of Research and Development (ORD) will continue
              developing the Natural Human Exposure- Assessment Survey (NHEXAS) to
              generate a human exposure database with to include relevant geographic and
              demographic questions that includes morbidity * mortality, arid any exposure
              data from public health departments, and tribal organizations.

       4      EPA,  in partnership with other federal agencies and affected communities, will
              assess and compare in partnership with advocacy groups, such as the National
              Medical Association and others, the environmental and human health risks
              borne by populations  identified by race,  national  origin, or income. EPA is
              analyzing population demographics and Federal facilities to assess populations  at
              risk and potential disproportionate impact to surrounding communities.

       *      EPA, in conjunction with other agencies, is developing standards $PJ
              demographic data and data access.  Many Regions are eonducting^Geographie
              Information System (OIS) analyses to test methods of identifying areas  aggregated hospital records, and geographically
              collected data-bases available from HH$.

3*)    Community $u$t0in0bftity: All EPA research is  to enable all people to live in a clean
       healthy and sustainable 'community.

2} - Expanded Research Capacity: EPA will expand its capability to conduct research in
       areas where it can make the greatest-contribution to environmental justice including
              exposure, cumulative risk, risk reduction, and pollution prevention.
EPA Draft Environmental Justice Strategy          Comments: Health and Research - January 19, 1995
January 1995                                                        -

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                                                    Health and Environmental Research


      Options fnr AcHnns;


      |      EPA, in partnership with affected stakeholders, will identify arid evaluate ^
             pollution prevention strategies that are targeted for people of cxrfor^and fowei:
             income communities.

      |      EPA, in partnership with affected stakeholders, will play a lead role fa
             developing indicators of sustainable, communities,

      |      EPA, in partnership with affected stakeholders, will develop qualitative arid
             quantitative techniques for incorporating environmental justice add equity
             concerns Into regulatory impact analysis guidelines,

      I      EPA, in partnership with affected stakeholders, will develop models ami
             measures of local values, priorities , and definitions of quality of life and
             community health, including*  physical social, psychological, economic* an
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                                                     Health and Environmental Research

       I      EPA, in partnership with local communities and other federal and tribal
              agencies* will extend research to include special cultural and religions
              relationships which Native American people hav£ with their environment*  ff^
              evaluating not only ecological and biological risks but also social, psychological
              and economic risks as well,

       *      EPA, in partnership with local communities, will take steps to insure that,
              individuals whose authority derives from'iraditionai indigenous systems (fathei
              than non-indigenous political systems) - e,g,, traditional elders -' ire: recruited; J#
              provide;guidahce and oversight to the research program,

       t"     BPA, in partnership with other agencies, will provide training andlina^ipifl
              assistance for indigenous constituents and local, communities in order: to
              facilitate local oversight of research projects.
       4 '     EPA will honor the other goals and objectives as set forth in this section
              the recognition that Native American people offer a unique eontributioh to a
              partnership involving research on sustainabiljty and the environment*
       Implementation*  By July 1995 > EPA will make public an implementation plat* by „ , ,
       which, these research gods and objectives will be made part of the Agency's mission.
       This Implementation plan shall Include timelines by which relevant goals and objectives
       mast be raet, budgets necessary to execute these goals and objectives, and the
       obligation to publish an annual report describing the Agency's implementation progress
       during the previous 12  months.
EPA Draft Environmental Justice Strategy          Comments: Health and Research - January 19,1995
January 1995
                                           11

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                                               Data Collection, Analysis, and Access


                 DATA COLLECTION,  ANALYSIS, AND
       STAKEHOLDER ACCESS TO  PUBLIC INFORMATION

      EPA's mission of protecting public health  and the environment depends on
      individuals within and outside of the Federal government having access to good data
      to make informed decisions.
IMPORTANCE OF DATA COLLECTION, ANALYSIS, AND ACCESS

      The Agency must manage its information resources more strategically, to support
goal is to design accessible, understandable and comprehensiveinformation systems to
support community identified information needs and programs, approaches, such as
community-based and common sense initiatives. Integrated information will help the Agency
and our stakeholders better understand environmental issues and make decisions that will
protect public health and the environment.  A sound information resource management
foundation is vital to the Agency in its ability to provide objective, reliable, integrated, and
understandable information.

      Effective use of existing databases and the development of new national databases will
help the Agency target areas of greatest concern.  Studying and monitoring these areas will
help identify risks from  which all stakeholders in the area, including the affected
communities,  can help devise a mutually agreeable solution for all parties.

      The Agency has recently developed a comprehensive Information Resources
Management Strategic Plan. The objectives and actions below are consistent  with and
support this plan.
OBJECTIVES FOR DATA COLLECTION, ANALYSIS, AND ACCESS

1)     Public Access and Partnership:  EPA, in partnership with affected stakeholders, will
       work to provide stakeholders with easy access to standardized and integrated
       environmental information.

       Options for Actions:

       *     EPA will create a public oversight function to provide direct stakeholder and
             user involvement in the design,, implementation, and evaluation of its
             information systems,

       ;*•"    A top priority of alt EPA information system will be 2~way communication
             between the Agency ao
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                                                     Data Collection, Analysis,  and Access

        *     EPAj in partnership with affected stakeholders, will develop policies which
              will promote the use of key identifiers to integrate and share environmental
              data.

        *     EPA, in partnership with affected stakeholders, will continue to make strategic
              investments in systems which will assist the Agency in examining complex
              data sets focused on minority populations,-and low-income populations,, and
              indipnous constituents.

        *     EPA, in partnership with affected stakeholders, will continue efforts to make
              data and information accessible to stakeholders.  EPA will continue
              coordination with interagency efforts to ensure data system compatibility with
              developing information technology access points (from the local library to the
              Information Superhighway).

2)     Addressing Data Gaps:  EPA,  in partnership with affected stakeholders, will  identify
       gaps in the data inventory  and work to address these gaps.

       Options for Actions:

        *     EPA, in partnership with affected stakeholders, will conduct an inventory of
              the Agency's major data systems to  identify uses, limitations, and gaps.

        *     EPA will examine its databases to determine major facilities, particularly
              Federal facilities or sites, that could pose a substantial human health or
              environmental threat

        *     EPA, in partnership with affected stakeholders, will identify data
              requirements, inc]udln| region                                    needed
              for risk assessments'"and"managemehl"d'e^isi6hsi

        *     EPA, in partnership with affected stakeholders, will identify acceptable
              methods of analysis for geographical and exposure information to address
              environmental justice.

        *     EPA, in partnership with affected stakeholders, will increase the accuracy of
              its locational data for major sites of potential toxic releases and environmental
              quality monitoring points.

        *     EPA, in partnership with affected stakeholders, will examine the data  obtained
              from environmental quality monitors placed in minority and low-income
              communities.

       4     EPA w&J support public health departments and other federal agencies in
              improving their; environmental health and\ exposure databases.
EPA Draft Environmental Justice Strategy         Comments: Health and Research - January 19, 1995
January 1995
                                            13

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                                                   Data Collection, Analysis, and Access

       4     VEPA wjll place top priority on Biting data g^» identified by aMi
             coitirmiaities through interactive needs assessments.

       +     ;EPA will place top priority oo data gaps related to pollt&toa prevention It* at-
             mk commututies.


3)     Data Reportings:  EPA, in partnership  with affected stakeholders, will work to
       improve data collection quality and reduce the burden on providers of information.

       Options for Actions:

       4     EPA will create effective reporting mechanisms to minimize cumbersome or
             duplicative reporting requirements.

       4     EPA will use electronic methods to receive data from providers in order to
             improve accuracy and reduce burden.

       4     EPA will assist small businesses by using innovative technologies to convert
             hard copy reports.

       4     EPA will coordinate and streamline duplicating reporting obligations retired
             by different federal agencies and state and local governments,

       4-     EPA will place top priority on facilitating citizen reporting of key data
             elements and observations.

4)     Data Integration and Analysis: EPA, in partnership with affected stakeholders, will
       integrate  the information resource management process linking environmental  .
       priorities, data needs, and the Agency's budget process.  The Agency will use its data
       and that of other stakeholders to do environmental justice analysis.

       Options for Actions:

       4     EPA, in partnership with affected stakeholders, will use information to
             establish environmental priorities,  identify goals and environmental indicators,
1             and manage results. EPA  will gather and analyze data as needed to  evaluate
             environmental risks and trends, particularly as they affect minority populations
             and low-income populations.

       4     EPA, in partnership with affected stakeholders, will routinely collect, analyze,
             and disseminate environmental, health, asd s<«JO~ec^tiorJ}ie data not  collected
             by public fceaWl de|^ments.  That data will compare environmental and
             humaJri[health risksto populations  identified by race, national origin  or income.
EPA Draft Environmental Justice Strategy         Comments: Health and Research - January 19, 1995
January 1995
                                           14

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                                                    Data Collection, Analysis, and Access

              EPA, in partnership with affected stakeholders,  will work with the Interagency
              Working Group Task Force on Data to coordinate data collection and to avoid
              duplication of efforts.

              EPA will standardize databases and definitions relevant to the analysis of
              environmental justice.

              EPA, in partnership with affected stakeholders,  will maintain a strong
              executiye-leyel information resource management steering committee, tb
              iaeittdfe community r^resentatlon*  who will oversee, sponsor, and review the
              Agency's 1RM program.

              EPA, in partnership with affected stakeholders,  will establish mechanisms so
              that sound, integrated data is accessible to the EPA workforce, its partners,
              and stakeholders:  These include disseminating and providing access to EPA
              information to educate and empower its partners and the  public; providing
              EPA employees means to access  the information and technical resources
              needed to perform their duties; and effectively collecting and managing the
              information that the Agency and  its partners require in order to manage for
              environmental results.

              EPA will pMce a top priority on  integratiag all. its major  data systems with
              those of other federal-agencies to support environmental justice research*
              analysis;, and monitoring EPA will continue efforts  to integrate  its Release
              Inventory (TRI)"and cross link multiple data systems to support  specific
              Agency programs.

              EPA, in partnership with affected stakeholders,  will uso Geographical
              Information Systems (CIS) to identify minority communities and low income
              communities which lack monitors.—Overlays  may include the existing
              monitoring network and a demographic profile.  EPA will provide this
              information to EPA personnel responsible for permit oversight, air modeling,
              and risk modeling. EPA, hi partnership with the community, wiU make sure
              that a monitor system, exists in every hith-rislt cotnntan&y.  Information froiti
              these monitors are to be used ht Geographical Information Systems (GES) to
              help us understand the extent and impact of environmental exposures,
              Moitnatlon from demographic profiles  will be shared with both EPA
              personnel responsible for permit  oversight* air modeling* and risk modeling
              and affected community groups.

              EPA, in partnership with affected stakeholders,  will use hazardous waste
              information on facilities to track  environmental justice  issues.

              EPA, in partnership with affected stakeholders,  will collect and analyze water-
              related data in rural areas dependent upon small  water  systems.  The data will
              identify minority communities and low-income communities, and Tribal and
EPA Draft Environmental Justice Strategy         Comments: Health and Research - January 19, 1995
January 1995         •
                                           15

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                                                      Integrate Environmental Justice

               INTEGRATE ENVIRONMENTAL JUSTICE

      EPA witt make environmental justice a part of aU of its programs, policies, and
      activities.
IMPORTANCE OF INTEGRATION

       EPA was established to protect and preserve public health and the vitality of our
environment.  However, our efforts to do so have fallen short of this goal in some of our
nation's minority communities and low-income communities.  The gc«l'of inie^rating
integration of environmental justice into EPA's programs, policies, and activities willbe to
help ensure that all populations share the benefits of environmental protection and sustainable
communities.

       To establish a solid foundation where everyone enjoys a healthy environment, EPA
will integrate  environmental justice tenets into the Agency's policies, programs, and daily
activities as well as the short- and long-term budget and planning processes.  The Agency .
already has a  large network of committed employees working on environmental justice
issues.  However, there is still much work to be done to give our whole workforce the tools
needed to properly address the challenges the Agency will face as it works toward achieving
environmental justice.  EPA will need to provide guidance,  to educate our employees on
environmental justice issues, and to provide incentives and accountability.  In addition, EPA
must make use of the essential experience and expertise of stakeholders and those outside of
EPA working on these issues.
OBJECTIVES FOR INTEGRATION

1)     Environmental Justice Strategy:  EPA will develop and implement its Environmental
       Justice Strategy in accordance with the mandates and milestones contained in
       President Clinton's Executive Order 12898 of February 11, 1994, "Federal Actions to
       Address Environmental Justice in Minority Populations and Low-Income
       Populations," and the guidance of the  Interagency Work Group (TWO) on
       Environmental Justice established under the Order.

       Options for Actions:

       4     EPA will continue to provide advice, guidance, and administrative support to
             thelWG.

       +     EPA will meet the deadlines of the Executive Order.
EPA Draft Environmental Justice Strategy       Comments: Health and Research - January 19, 1995
January 1995
                                         26

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                                                         Integrate Environmental Justice

2)     Comprehensive Review: EPA will review its legislation, regulations,  programs,
       policies, and guidance for revisions as appropriate to address environmental justice
       concerns.

       Options for Actions:

        *     Each Office and Region will provide the Steering Committee with a complete
              review of its current regulations, policies, guidance, and practices to identify
              and develop a strategy or action plan to address environmental justice
              concerns^ The strategy or action plan should include:

              - A list of cross-cutting functions better dealt with on an Agency-wide basis;
              - Prioritized action items and deadlines;
              - Measures of progress; and,
              - Those who will be accountable for implementation.

       While the review is being completed, each Office and Region will continue on-going
       work on regulations, policies, guidance, and practices which have been identified as
       requiring changes to integrate environmental justice concerns.

       Each Office and Region will provide the Steering Committee with a brief list of the
       ongoing changes.  The list should  include:
                                  i
              - Prioritized action items and deadlines;
              - Measures of progress; and,
              - Those who will be accountable for implementation.

        *     For those  cross-cutting functions identified and not already being addressed,
              the Steering Committee will:

              - Establish a cross-Agency work group to be balanced by face, gender and
              people from the environmental justice community and at-mk populations to
              develbp options on how to best iricorporate envirohmehtal justice into the
              cross-cutting function; and,

              - Review options, select and implement the most efficient and effective
              method.

       4     EPA will work to ensure that environmental justice is considered in future
              legislation.

       *     EPA will develop guidance on non-discrimination responsibilities of the
              Agency.

       4     EPA will complete its Regulatory Impact Analysis Guidance.  This will
              provide the Agency guidance on how to incorporate environmental justice into
              its regulatory development process.


EPA Draft Environmental Justice Strategy        Comments: Health and Research - January 19, 1995
January 1995
                                           27

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                                                        Integrate Environmental Justice

       *     . A cross-Agency work group on grants and environmental justice will examine
             options for incorporating environmental justice into EPA's grant programs to
             adequately reach minority populations and low-income populations and 'make
             recommendations to the Steering Committee on implementation.

       *     EPA will continue to ensure that environmental justice issues are linked with
             EPA community-based initiatives and pollution prevention.

3)     Stakeholder Input:  EPA Offices and Regions will continue to establish working
       relationships with key stakeholders in order to further develop, implement,  and
       coordinate progranvspecific strategies.

       Option for Action:

       *     Each Office and Region will include mechanisms for stakeholder and
             community input in the development of their environmental justice strategy
             implementation plans.

4)     Education: EPA will develop internal communication and training to educate Agency
       employees about environmental justice.

       Options for Actions:

       4     EPA Offices and Regions will expand their environmental justice training plans
             in order to ensure that EPA employees have a better understanding of what
             environmental justice is,  how it relates to their work, and what opportunities
             are available to address environmental justice issues.  The training will be
             tailored to the needs of the Office or Region. Training kits might include:
             generic information on environmental justice, examples of model initiatives
             and projects, and public participation guidelines.

       o     EPA will sponsor environmental justice seminars or workshops  to focus on
             media-specific environmental justice activities and case examples.

5)     Management Accountability:  EPA will strengthen management accountability for
       environmental justice activities.

       Options for Actions:

       *     EPA will reorganize to strengthen leadership and management of
             environmental justice activities in the Agency.

       *     EPA will develop a system for monitoring and evaluating program
             improvements resulting from the integration of environmental justice.

       4     Each Office or Region will develop a feedback mechanism for tracking
             implementation of environmental justice policy across the Office or Region,


EPA Draft Environmental Justice Strategy        Comments: Health and Research - January 19, 1995
January 1995                                                 '       '   .
                                          28

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                                                         Integrate Environmental Justice

              focusing on both major environmental justice projects and on routine
              implementation of the policy by staff.

        .*    - EPA in parttterstiip witfe the community will establish a regional EPA steeriag
              committee to inclement tfee Environmental Justice Strategy Executive Order
              12898.  The composition of this committee  should reflect race, gender,
              national origins* at-risk populations, and governmental personnel.
              Representatives of this committee should,, in part* make up the national
              steering committee on environmental justice.


     """ Mpfewntaffom By wM 1995 EPA, Witt ««&e public the In^tetnentatioa plan whicb
        will set Jfbrtta timeline^ budgets, and accountability measures which will ensure timely
        implemeutadon of environmental justice In EPA's programs, polides, and activities to
        help ensure that all populations share the benefits of environmental protection and
        sustainable communities,
 INTEGRATION WITH OTHER EPA PRINCIPLES AND APPROACHES


        The environmental justice strategy is well-integrated into the fabric of many of the
 Agency's principles and initiatives which the Agency considers fundamental to its operation
 and mission.  In fact; one of the seven guiding principles established in the Agency's
 strategic plan, "The New Generation of Environmental Protection," is environmental justice.

        Environmental justice linkages are apparent in a number of these efforts. For
 example, involving the affected communities in the fashioning of strategies to promote a
 healthy environment and a sustainable economy ("community-based" ecosystem protection)
 encourages community involvement  in the protection of public health and improving
 environmental conditions in the nation's communities.  Additionally, partnering with
 communities with minority populations and low-income populations which may be suffering
 from disproportionately high and adverse human health or environmental effects should be a
 cornerstone of pollution prevention efforts (with a traditional focus on such issues  as waste
 minimization  and "green" technology).  Another innovative partnering approach is
 exemplified in the primary role played by States and Tribal governments in the operation of
 regulatory and enforcement programs.  EPA recognizes the crucial implementation role of
 these State and Tribal partners, and  will work to incorporate environmental justice into these
 efforts.

        Furthermore,  NPR activities  underway provide a foundation for addressing
 institutional environmental justice issues in a more coordinated fashion.  One example is the
 reorganization of the Agency's enforcement functions along  media lines (e.g., air, water,
 waste, pesticides). In addition, this  office has included innovative compliance methods
 beyond traditional enforcement measures in  cross-cutting areas such as multi-media
 enforcement,  geographic initiatives and industrial sectors.
                                                                             s

 EPA Draft Environmental Justice Strategy         Comments: Health and Research - January 19, 1995
.January 1995   .
                                           29

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          APPENDIX B




Chester Community Health Risk Study

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         \   Chester Environmental Risk Study
          9                            ^^
                 Findings  and  Recommendations
U.S. Environmental Protection Agency
841 Chestnut Street
                                                               December 1 , 1 994
1 .  Why did we do the Chester Environmental Risk Study?
      We did the study in response to growing community concerns about the environmental
health risks in Chester. The study set three goals. The first goal was to find potential sources of
pollution in and around Chester. The second goal was to determine the health risk that pollution
causes to the people of Chester. The third goal was to propose ways that the EPA, other govern-
ment agencies, local industries, and the residents themselves can reduce those health risks.
2.  Who did the study, who paid for it, and how long did it take?
      EPA's Regional Administrator Peter H. Kostmayer organized a group of his staff to conduct
the study.  The group, working out of the EPA's Region III office in Philadelphia, consists of envi-
ronmental scientists and engineers, toxicologists, hydrogeologists, managers and communicators.
The study took six months to complete and was paid for by the federal government out of the
EPA's existing budget.
3.  How did we obtain the data for the study?
      Most of the data already existed, with the exception of the air emissions estimates which
were created using several mathematical models.  The data had been previously collected by the
EPA and other health and environmental agencies. It is important to note that, although the study
used mostly existing data, this is the firsTrtflae the EPA has compiled all the data on one city to
                                 /  ^-^ \r\c£U£\ 7
                                                                     l
                                                                   &0iy.
examine overall environmental risk exposure.
      Additionally, the Pennsylvania Department of Health is Investigating cancer and non-cancer
health data for Chester. Epidemiologists, who study patterns of illnesses, are looking at the inci-
dence of disease in Chester and comparing the data with that of other cities in Pennsylvania.
                                        1

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4.  What did the study find?
       The study found four real risks caused by environmental contamination and three nui-
sances. We believe that the risks could have true health effects on the population of Chester.
However, the nuisances are just that. They are unpleasant and add.to the stress of everyday life,
but they do not pose health risks.
       The following discussions are divided into problems that are health risks and problems that
are nuisances. The discussions are not listed in any particular order of importance or severity.
5.   What are the risks and how can they be reduced?

RISK »1 — Lead Exposure
       One of the most widespread environmental problems we see in older, lower-income
munities is elevated blood lead levels in children. The most common source of lead to which
children are exposed is lead paint in older homes. Since Chester has such a large percentage of
older homes, lead exposure is a serious problem.  Lead can cause immediate and severe health
effects in children, even at low levels.
       Dust from the paint settles on walls, floors, and furniture, and children either lick it off their
hands or inhale it.  Another source of lead is home water systems. Water pipes and joints in the
home often contain lead which can dissolve in the drinking water.
       We looked at data collected from Chester's Childhood Lead Poisoning Prevention Program
which began in 1974.  Chester continues to have a very serious blood lead problem. About 7,000
children, about half the children in Chester under the age of seven, were tested from 1989 through
1993. Of those tested, 60 percent were found to  have blood lead levels above the Center for Dis-
ease Control's (CDC) maximum acceptable level of 10 micrograms per deciliter. Most children in
the study fell in the 10-60 micrograms per deciliter range.
       Lead  can cause irreversible brain and central nervous system damage.  Studies have shown

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that children begin to lose IQ points at levels as low as 3-4 micrograms per deciliter.  The average

blood lead level in the general adult population is 5-6 micrograms per deciliter.



Reducing Children's Blood Lead Levels

       Parents can minimize their children's exposure to lead by taking a number of steps in their

own homes:

       a) Don't use hot water from the tap for cooking or drinking.

       b) Let cold water run for 30 seconds to one minute before using it.

       c) Children should wash their hands several times a day, especially before eating.

       d) Don't buy foods in tin cans that are imported from abroad.  Tin cans are soldered with

         lead in most foreign countries.

       e) Don't use glazed ceramic containers made in other countries to store acidic food items,

         such as orange juice or tomato sauce. The acid in the food causes the lead in the con-

         tainer to dissolve-into the food.

       0 Wash all surfaces in the home at least once a month, more often if your home is particu-

         larly dusty. Make a cleaning solution by dissolving electric dishwasher detergent in a
     t
         bucket and then use it to wash walls, ceilings, floors and hard surfaces. The lead dust

         binds to the phosphates in the detergent.

       g) Minimize your children's intake of fatty foods.  Fat increases absorption of lead into the

         blood.

       h) Feed your children a well-balanced diet.

       i) Give your children iron supplements if a doctor approves them.



       In addition to these steps parents can take around the home, the EPA recommends

that the Chester lead paint education and abatement program should be greatly expanded in the

following ways:

       1)  conduct further blood lead screenings for the children,

       2) supply lead abatement (reduction) kits that families can use in their homes,

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      3) use professional lead abatement contractors to clean seriously affected homes, and
      4) conduct a widespread education campaign throughout Chester to make parents,
  teachers, doctors, and day care personnel aware of the problem and the ways to minimize risk.

RISK #2— Air Emissions
      We started with data from the Toxics Release Inventory, an inventory which tracks the
amount of emissions and waste put out by industries above a certain size. Then we identified all
the facilities in and around Chester, including industrial plants^ incinerators, power plants* dry
cleaners and auto body shops, that may contribute to the air pollution problem. Based on our
knowledge of the chemicals they use and the pollutants they are likely to emit, we designed a
mathematical model to estimate the levels of air pollution in Chester.  We also took into account
smokestack heights, wind and weather patterns.
       Using the mathematical model, we estimated cancer and non-cancer risk from air pollution
in Chester. These estimates are very rough and vary widely throughout the city, depending on
where people live. We included only those chemicals for which we have health effects data.  We
were not able to include all chemicals being used  and/or emitted because not enough research has
been done on these chemicals to determine what  risks they pose.
       So, with these.limitations in mind, we estimated that Chester residents run a risk ranging
from greater than 1 in 10,000 to less than 1  in a million excess chance of developing cancer over a
lifetime of living in Chester and breathing its air.
       In other words, outside the normal chances of getting cancer, we estimate that the air pollu-
tion in Chester may cause between, at the most, one additional cancer case in every 10,000 people,
and at the least, one additional cancer case  out of  every million people who live in Chester most of
their lives. The actual risk could be higher.
       In addition, we believe that there could be some non-cancer-causing risks from air pollution
in Chester, affecting people's lungs, heart, nervous and immune systems.
       Though we may be uncertain about the  exact level of risk posed by the air pollution in
Chester, we believe that our calculated risk numbers paint a clear picture. That is, Chester resi-

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dents probably run a higher-than-average chance of developing cancer and non-cancer health
effects due to environmental risk factors. Therefore, we would like to do all we can to reduce
current air emissions and caution against any new sources of air emissions in Chester.

Reducing Air Emissions
       We will attempt to reduce air emissions in Chester using a two-step approach. The first
step is to fully enforce the existing regulations. The second step is to encourage voluntary actions
on the part of the facilities themselves.
        We are already targeting all the facilities that produce air pollution in and around Chester
for inspections to ensure they are complying with their permits. If they are -not complying, en-
forcement actions will be taken against those facilities, requiring them to comply with their per-
mits. This first step began in the Summer of 1994.
       We plan to arrange voluntary meetings with the senior management of these facilities to
analyze their operations. These analyses will determine if it is possible for the facilities to change
their processes to reduce emissions and/or substitute non-toxic chemicals.  Facilities will be asked
to develop schedules to reduce their use of toxic chemicals by achievable percentages by certain
dates.

RISK ^3 — Consumption of Contaminated Fish
       We believe that a certain segment of the population in Chester eats fish caught in local
waters as a steady part of their diet. We know, from looking at fish tissue studies, that many fish, in
Chester's waterways are contaminated with polychlorinated biphenyls (PCBs) and chlordane.
PCBs are contained in the liquid used for insulating electric transformers,  and chlordane is a pesti-
cide.
       The Pennsylvania Department of Environmental Resources (PADER) has published warn-
ings, advising people not to eat White Perch, Channel Catfish and American Eel caught in the tidal
basin of the Delaware  River from Yardley, Pennsylvania to the Delaware state border. Chester and
all its waterways are included in that tidal basin.

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       Eating contaminated fish can be harmful because the contamination becomes concentrated
in the fatty tissue of the fish. If a person regularly eats contaminated fish over a lifetime, the
pollutants can become concentrated in that person's fatty tissue and may lead to health problems.

Reducing Fish Consumption
       Raising awareness of the fish contamination problem is important for Chester.  Fishers
should be educated on the potential hazards from eating contaminated fish. Also, should they '
choose to continue eating locally caught fish, they should be advised of ways to prepare the fish
that would reduce the risk from the contamination.

RISK #4 — Drinking Water
       Residents of Chester receive their drinking water from the Chester Water Authority, whose
water was found to be about the same in quality as other large suppliers in the area.  We also looked
at drinking water supplies from the Philadelphia Water Department and the Philadelphia Suburban
Water Department.
       All large water suppliers are required to test their water supply daily for several contami-
nants listed in the Safe Drinking Water Act. The test results are submitted regularly to PADER
and are available to the EPA. They also are required to disinfect their water with chlorine to kill
bacteria, such as fecal coliform and cholera, which can cause acute illnesses.
       By-products called trihalomethanes are residues of the  disinfection process.  These by-
products pose a slight cancer risk.  However, a much greater risk would exist if the water were not
treated, a risk from bacterial illnesses which would likely cause immediate and acute symptoms to
large portions of the population. So, the slight cancer risk is a trade-off we must accept in drinking
public water.
       Until a treatment process is invented that does not form any by-products, there is no practi-
cal  way to reduce the risk from drinking water.

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6.  What are the nuisances and how can they be minimized?




NUISANCE #1 ->- Odor

       Many residents have complained of unpleasant odors in Chester. The EPA's risk study did

not evaluate the effects of odors on quality of life, nor did it trace the source of odors in Chester. In

fact, the EPA has  no regulations relating to odor problems. However, we felt that it was an impor-

tant consideration, given the number of citizen complaints.




Reducing Odor

       PADER does have odor regulations which they have committed to enforcing more aggres-

sively. During the last week of November PADER sent its Mobile Analytical Lab from Harrisburg

to survey the streets of Chester to determine the sources of odors. In addition, they have recently

assigned several staff members to patrol the streets of Chester on a 24-hour basis to "sniff out" odor

violators.  Finally, EPA and PADER will place air sampling canisters around the city to determine

long-term odor emissions.




NUISANCE *2 — Noise

       We have identified several sources of neighborhood noise.  They include truck traffic,

industrial  noise, airplane flyovers, and transient disturbances, such as loud radios and dogs barking.




Reducing Noise

       The EPA does not have legal jurisdiction to curb the sources  of noise. However, the City of

Chester has a comprehensive noise ordinance  that specifies limits for residential, commercial and
                                                                              i
industrial  land uses. We will provide technical assistance as required to train or assist local enforce-

ment  personnel.

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    NUISANCE *3 — Dust

          The EPA has received complaints from the residents of Chester that the streets and their

   homes are unusually dusty. No formal investigation has been done yet to determine where the

   dust is coming from or what areas suffer the most from dust problems.  In order to minimize the

   dust problem we must know its source.



   Reducing Dust

          The EPA will be working with a group of volunteer residents and college students to locate

   sources of dust, such as dirt piles or illegal truck traffic routes. Once we have identified the sources

   of dust in Chester, possible solutions will be explored, depending upon where those sources are

   and who is responsible for them. It is likely that local enforcement measures may be necessary.
    7.  How can I.get more information on the study?

          If you would like further information regarding the Chester Environmental Risk Study,

    please contact one of the EPA representatives-listed below.
                                             Terri White or Ruth Podems
                                             Office of External Affairs
                                             U.S. Environmental Protection Agency
                                             841 Chestnut Street
                                             Philadelphia, PA 19107
                                             (215)597-2200
[L

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                 APPENDIX C




OPPT Environmental Justice Community Pilot Project

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Presentation of Project:  OPPT Environmental Justice
Community Pilot Project

National Environmental Justice Advisory Council  (NEJAC),
Health and Research sub-committee meeting, January 18,  1995

Presenter:  Carol Christensen, staff member of the Office of
Pollution Prevention and Toxics  (OPPT).  Workgroup member
contributing to the OPPT Environmental Justice Strategy
Development workgroup and the OPPT Environmental Justice
Community Pilot Project.   (202)  260-8129.
Introduction;  This project will share with a specific
community OPPT's skills and resources.  The project will
also be an opportunity for the office to learn more
specifically about the needs of environmental1 justice
communities.  Exchanging information, building partnerships,
and gaining experience to apply in the future are all
important aspects of this project.

In this presentation, the following will be relayed:
background of the Office of Pollution Prevention and Toxics;
project concept; project -goals; details of project
implementation; possible approaches in development of
project; strengths of the OPPT;'and, a set of specific
questions-


Background:  The project I will describe today is organized
by the Office of Pollution Prevention and Toxics,
headquartered in Washington.  The office addresses concerns
with toxic chemicals in commerce in all environmental media.
The office implements regulations and policies of the Toxic
Substances Control Act  (TSCA), the Pollution Prevention Act
(PPA), the Emergency Planning and Community Right To Know
Act Section 313  (EPCRA 313), and the Lead Based Paint Hazard
Reduction Act.

Among other things, the Office of Pollution Prevention and
Toxics manages the Toxics Release Inventory, the agency lead
(Pb)  program, collects information on chemicals hazards, and
works with chemical users to promote pollution prevention.


Project Concept;   (OPPT EJ' Community Pilot Project)  In our
efforts to enhance our environmental justice work, we would
like to begin working directly with a community to address
specific environmental concerns.

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o  We have  three goals  for this project:

     1) Assist  a community in  dealing with environmental
        justice concerns by developing.and implementing
        solutions  such  as a pollution prevention plan;

     2) Provide the  community, during the  course of  the
        project, with the resources  and knowledge that  will
        enable  it  to address future  environmental concerns;

     3) Use the experience to  help OPPT to develop a general
        program and  to  enhance current processes for more
        effectively  supporting environmental  justice.


o  Specific Details;   (composition)   The OPPT part of the.  team
   for  this project  has been assembled and met  for the  first
   time last week.   Our team includes scientists from most
   environmental disciplines.  It will have the capability of
   addressing multi-media and  multi-source issues.

    (time)   We hope to find a community partner  and begin work
   with the community this spring.   We hope to  complete the
   work in  about a year.

    (products)   The team will provide direct,  in-kind, services
   to the community  in  the form of technical  expertise  and
   information  resources.  This is not a grants project.


o  The  OPPT part of  the team has identified several  approaches
   that we  will follow  in this work:

     >  We  will address problems as  they are  faced by the
        community, i.e., multi-source,  multi-media,  and multi-
        chemical .

     >  We  will encourage a pollution prevention approach  in
        addressing environmental concerns.

     >  We  will work to help the community build a partnership
        with the relevant EPA  regional office,  with  the state,
        local and  tribal governments,  with organizations'in the
        community, and  with industry to address the  communities
        concerns.

     >  We  will play a  support role  in this work and leave the
        lead to the  community  itself.   We  hope  to act as
        technical  advisors to  aid the community in
        understanding and addressing its environmental
        concerns.

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  >  We will use our  skills and information during  this
     project in a way that enables the community  to address
     Iboth immediate and future environmental problems.

  >  We will coordinate our work with other government
     programs addressing community issues to avoid  any
     inefficient use  of time and resources by any player in
     the project.


OPPT brings strengths to this project that we would like to
be considered in helping us to plan this work.  We  have
information or experience in the following areas:

  >  Information on chemicals and chemical releases from TRI
     facilities

  >  Information collection authority

  >  Technical expertise for doing risk assessments,
     especially for areas near industrial point sources

  >  Resources for education of community

  >  Experience building partnerships with industry around
     pollution prevention

  >  Office acts as.an advocate for pollution prevention

  >  Work with small  industrial and commercial sources that
     may impact a community such as dry cleaners, print
     shops, etc.


Overall;  This project will break new ground for  our office.

The team will spend much time working in the community to
learn from the community and to provide any information and
training the community may find useful.

We hope to work directly with the community to carry out any
surveys or risk assessments, and to develop and implement
any risk management and pollution prevention plans  as
solutions.

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     Closing:  I hope this description has provided you with
     enough understanding of our project so that you can offer
     some suggestions either now or following this meeting.

     We would appreciate any input from this committee in
     planning our work.  There are, in particular, four questions
     that we would like you to address:
          Are there particular needs or data gaps that
          communities in general face that our work
          might help to address?  e.g., multiple risk assessment

          Can you suggest some examples of government/community
          partnerships that we might look at as models for this
          project?  e.g., Chester, PA Model Project

          What should-we consider in finding a community to work
          with on this project?  e.g.,  how well community needs
          match OPPT resources and strengths

          Is this group willing to review a workplan when
          developed?
     Please contact Carol Christensen, 202-260-8129 (fax (202)
     260-8850), or Hank Topper,  260-6750, with any questions,
     concerns or suggestions relating to this project.   Both will
     receive mail at:  Hank Topper or Carol Christensen,  OPPT/CCD
     (7405), U.S. EPA, 401 M St.,  S.W., Washington B.C.  20460.

Thank you for your attention.

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PUBLIC PARTICIPATION SUBCOMMITTEE SUMMARY
                   -VI-

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                    MEETING SUMMARY OF THE
             PUBLIC PARTICIPATION & ACCOUNTABILITY
                         SUBCOMMITTEE
                              ofthe
        NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                        JANUARY 17^19,1995
                        ATLANTA, GEORGIA
MEETING SUMMARY ACCEPTED BY:
Designated ederal Official
Cfttlrptrioa

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          NATIQNAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
       PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
                               JANUARY 17, 1995
                            EXECUTIVE SUMMARY
I.     General Topics of Discussion

       The Public Participation and Accountability Subcommittee met on January  17-19,
1995 in Atlanta, Georgia.   The attending members were:  Peggy. Saika (Asian Pacific
Environment Network); Beverly Wright (Xavier University); Dolores Herrera (Albuquerque
San Jose Community Awareness Council, Inc.); Jean Gamanche as proxy for Cindy Thomas
(Alaska Native Health Board, Tlignit and Haida Indian Tribes of Alaska); John Kyte,
(National Association of Manufacturers); John O'Leary (Pierce, Atwood & Scribner); Carl
Anthony (Earth Island Institute & Urban Habitat). Peggy Saika chaired the meeting. Bob
Knox, the Designated Federal Official, was present. The subcommittee meeting focused on
the following general  areas of discussion:

       •     Review of Washington, D.C. Meeting Minutes

       •     Review and Comment on EPA's Revised Strategic Plan

       •     Report  on Interagency Workgroup Activities

       •     Review of Interagency Workgroup's Revised Checklist on Public
            Participation Checklist '

       •     Development of a Model Public Participation Meeting for the
            Hyde Park  Community

       •     Report  on American Bar Association Activities

       •     Public Comment Period

II.    • Actions/Action Items

       •     The subcommittee reviewed EPA's revised strategic plan and provided
            comments to it.

       •     The subcommittee reviewed  and edited the Interagency Workgroup's
            Public Participation Checklist.
Public Participation and Accountability Subcommittee                            ES-1

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             The subcommittee agreed to adopt the Hyde Park Community of Augusta,
             Georgia as the first model public participation meeting site on. the condition
             that adequate resources become available.

             The subcommittee requests that the Office of Environmental Justice
             provide an  account  of resources available  for  the  model public
             participation meeting.

             The  subcommittee  agreed to  form  a joint  committee  with the
             subcommittee on Waste and Facility Siting to review the Hyde  Park
             Community case and develop a timeline for implementing the model
             public participation meeting.
HI.    Future Plans
             The  subcommittee will continue "to pursue training on  how public
             participation is currently being  incorporated into EPA's decision-
             making process.
Public Participation and Accountability Subcommittee                             ES-2

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          NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
       PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
                             JANUARY 17 & 18, 1995

                                   MINUTES
I.     Overview

       The  Public  Participation  and  Accountability Subcommittee of  the  National
Environmental Justice Advisory Council (NEJAC or the Council) held its third meeting at
the Sheraton Hotel in Atlanta, Georgia.  A list of the attendees is included in Section IX.
n.     Review of Washington, D.C. Minutes

       The subcommittee reviewed the minutes from the October 25, 1994 subcommittee
meeting held in Washington, D.C.  The minutes were approved.
HI.    Review and Comment on EPA's Revised Strategic Plan

       The subcommittee reviewed the' Agency's revised strategic  plan.   Overall  the
subcommittee was concerned that the format of the revised strategic plan was quite different
from the version that they had previously reviewed, and it did not incorporate all of their
earlier comments. The subcommittee  chose to make general recommendations as well as
specific ones.

General Recommendations:

       •      EPA should clearly state  its role as the central agency coordinating the
             interagency effort on environmental justice issues.

       •      EPA needs to provide a timeline for implementing its goals and
             objectives  outlined  in  the  strategy.    (The subcommittee
             understands that this should be provided in the implementation
             plan.)

       •      EPA should limit the  use of acronyms in order to make  the
             document more accessible to the public.
                                              /
       •      EPA should encourage other agencies to incorporate the edited
             historical summary into their environmental justice strategies.


Public  Participation and Accountability Subcommittee                     '     Page 1

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       •      EPA should provide the criteria for selecting the model projects
             if they are included in the strategy.

       •      EPA should state that all implementation of the strategy should be
             consistent with the principles outlined in the "Public Participation and
             Accountability:  Partnerships, Outreach, and  Communication  with
             Stakeholder" section of the strategy.

       •      EPA  should,add the  phrase "indigenous constituents" when
             referring Native American or Tribal programs or organizations
             throughout the strategy.         .                                       "

       •      EPA  should  highlight  cultural diversity  issues,   such as
             community knowledge (i. e.,  species  indicators)  and other
             traditions  from  immigrant  and  indigenous   communities
             throughout the. strategy.

Specific Recommendations;

       An edited version.of the plan is  provided in section XI of the minutes.


IV.    Report on Intel-agency Workgroup Activities

       Bob Knox updated the  subcommittee  on the recent  and  future activities of the
Interagency Workgroup and the Outreach Task Force.  He reported that the Outreach Task
Force has had two main functions: (1) developing the. Public Participation Checklist and (2)
organizing the Interagency Workgroup public meeting to be held on January 20, 1995. The
future  of the  Outreach Task Force after the public meetings is unclear.  In addition, once
implementation of the Executive Order 12898 begins, the role of the Interagency Workgroup
and its task forces remains unclear.

       Peggy  Saika asked if most of the federal agencies had completed their environmental
justice strategies. Bob Knox replied that the majority of the agencies that  are developing
strategies  have completed them. Only the  agencies that have major roles  in terms of
environmental issues intend to develop strategies.

       Bob Knox explained that the Outreach Task Force  had  developed the Public
Participation  Checklist to be used as a guideline for public participation meetings for the
executive  order.  The task force  had submitted its original  checklist to  the  NEJAC
subcommittee on public participation for review. The concerns and comments provided by
the subcommittee in October were  incorporated into  the January 13, 1995 version of the
checklist.  Bob Knox gave the subcommittee the opportunity to review the new checklist in
Public Participation and Accountability Subcommittee                           Page 2

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 order to provide additional comments and identify any missing points that would improve
 the checklist.  The Public Participation Checklist is provided in section XII-
V.     Review  of Interagency  Workgroup's  Revised Checklist on Public Participation
Checklist

       The subcommittee discussed the Interagency Workgroup's January 13, 1995 version
of the Public Participation Checklist. Members felt that the checklist should specifically
reflect the needs of impacted  communities and that the interests of these communities
should not be overwhelmed by other stakeholders' interests.

       •     Carl  Anthony  expressed,  and other  members  agreed  that.
             although  all stakeholders  must  be  included  in  the  public
             participation process, those that are directly impacted in terms
             of their health must have the highest priority.

       •     John Kyte stated that consistently, people are tired of having
             decisions made for them and want to be a part of the process,
             and that the decision-making process must flow from community
             outreach and participation and not the other way around.  This
             conviction  must be  reiterated as  a  cornerstone of any public
             meeting.

       •     Dorothy  Herrera   suggested  including   a  statement  on  the
             disproportionate  adverse human  health effects from  contamination
             suffered by communities based on race, color and national origin.

       The subcommittee revised  Section 4 of the checklist in order to highlight  impacted
communities as follows:

             4,    Identify external Environmental Justice stakeholders and provide
       opportunities to offer input into decisions  that may impact their  health,
       property values and lifestyles.  Disproportionate  environmental  burdens  on
       people of color, working people and poor people has been well documented.
     •  Priority should be given to participation by individuals and groups so affected.
       Other stakeholder groups should also  be included.  Consider at  a minimum
       individuals from the following organizations as appropriate:
Public Participation and Accountability Subcommittee                           Page 3

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       [Note:  the list of stakeholders has been ranked in order of priority.]
                                                                V
             Indigenous People
             Tribal Organizations
             Grassroots Community Based Organizations
             Homeowner and Resident Organizations
             Media
             Labor Unions
             Environmental Organizations
             Civic/Public Interest Organizations
             Local and State Government
             International Organizations
             Universities and Schools
             Religious Groups
             Business and Trade Organizations
             Industry
             Congress
             Federal Agencies
VI.    Development of a Model Public Participation Meeting for the Hyde Park Community
       John O'Leary visited the subcommittee on Waste and Facility Siting's meeting and
then reported on its activities.  The subcommittee on Waste and Facility siting heard five
presentations  on public health issues in impacted communities.   In  addition, an EPA
representative reported on a relatively  new EPA program that focuses on health care
services delivery. One of the three impacted communities targeted by the EPA Health Care
Service Delivery Project discussed was the Hyde Park community of Augusta, Georgia.

       •      John O'Leary noted that the participatory issues and themes
             that the subcommittee has focused on are clearly central to the
             specific programmatic issues dealt with in other subcommittees.
The subcommittee on Waste and Facility Siting's requested that the Hyde Park Community
of Augusta, Georgia be adopted as the first model public meeting site.  After discussing the
proposal, the subcommittee agreed.

       •      Beverly Wright reported that she was familiar with the Augusta
             community  and  that  it  was a  particularly  well  organized
             community, and that she  thought  it would be an appropriate
Public Participation and Accountability Subcommittee                           Page 4

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             location, for a model public meeting because there were clear
             health effects; and in addition, the site was undergoing RCRA
             corrective action.

       •     Peggy Saika was concerned that the subcommittee should have
             enough time to fully develop the model and not become driven
             by an existing timeline.   In  addition, she thought that  the
             subcommittee needed to  review background materials on the
             Hyde Park Community and ascertain what resources that the
             Office of Environmental Justice would contribute to the model
             public meeting project.

       •     Carl Anthony pointed out and other members agreed that the
             Hyde Park Community project should be viewed as the first
             step to a nationwide program of public  meetings.   Also,  the
             budget  for this  meeting should  be considered in  light  of
             institutionalizing  public meetings nationwide.

       The subcommittee agreed that .it would undertake the following four tasks in order
to go  forward with the demonstration project:   (1)  Form  a joint committee with the
subcommittee on Waste and Facility Siting; (2) Request background materials and educate
themselves on the  Hyde Park case; (3) Review available resources for the project and; (4)
Create a timeline of activities for the model public meeting project.
VII.   Report on American Bar Association Activities

       John O'Leary reported that the American Bar Association (ABA) has been working
on public participation issues through its Standing Committee on Environmental Law. This
committee issued a report and a recommendation to the ABA's House of Delegates (the
policy making body of the ABA)  to  adopt  a resolution in broad  support  of  public
participation at all levels of environmental decision making.  The house of delegates will
vote on the resolution in February 1995.
      Public Comments

      Earl Tulley - Dine Care

      •      Several edits  to EPA's strategic plan were suggested to the
             subcommittee (including, replacing the wprd "minorities" with
             "all populations, ethnic origins, gender, and age).
Public Participation and Accountability Subcommittee           .                Page 5

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             Mr. Tulley pointed out that different methods of "sound science"
             must  be recognized  (e.g.,  the  estimation  of  environmental
             damage based on species indicators and  the practice of risk
             assessments based on cultural values defining "acceptable risk."
 IX.    List of Participants

 Carl Anthony -- Earth Island Institute & Urban Habitat
 Jean Gamanche for Cindy Thomas -- Alaska Native Health Board and
 Tlignit and Haida Indian Tribes of AK
 Domingo Gonzales - Texas Center for Policy Studies
 Dolores Herrera — Albuquerque San Jose Community Awareness Council, Inc.
 John Kyte -- National Association  of Manufacturers
 John O'Leary -- Pierce, Atwood & Scribner
 Peggy Saika — Asian Pacific Environment Network
 Baldemar Velasquez - Farm Labor  Organizing Committee
 Beverly Wright - Xavier University
Public Participation and Accountability Subcommittee                          Page 6

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X.     Registered Observers


                                January 17, 1995

1.     Liling Willis - Dine Citizens Against Ruining Our Environment (CARE)

2.     Christine Benally - Dine Care

3.     Walter Begay, Jr.  - Peabody Western/ Arizona

4.     E.J. Litmah - Senior Environmental Employee , NCBA
       Tifton, GA

5.     Luz Parris - USDA , Forrest Service
       Washington, DC                              -

6.     Veda Patterson - USDA-OCRE
       Washington, DC

7.     Velma Charles-Shannon - USDA-OCRE
       Washington,' DC

8.     Goro Mitchell - SCSPP - Clark Atlanta Univ.
       Atlanta, GA

9.     Shar King Alston - NEEJN- University of MA
       Lowell, MA

10.     John Sherry - University of Arizona - Dine CARE
       Tuscon, AZ

11.     Kenneth Galloway - EPA/OIO/EJ
       Washington, DC
                                             \

12.   "  Otis C. Jones  - USDA/ Forrest Service
       Atlanta, GA

13.     Delbert DuBois - Four Mile Hiberm'a
       Charleston,  SC

14.     Vernell Davis - Dept of Interior/OSM
       Washington, DC


Public  Participation and Accountability Subcommittee                         Page 7

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Public Participation and Accountability Subcommittee                           Page 8

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 (List of Registered Observers Continued)


                                January 18, 1995

 1       Earl Tulley - IEN/ Dine CARE Navajo Nation

 2.     Vernell Davis - D.ept of Interior/ OSM
       Washington, DC

 3.  •   E.J. Litman - Senior Environmental Employee NCBA
       Tifton, GA

 4.     Delbert DuBois  - Four Mile, Hibernia
       Charleston, SC

 5.     Walter Begay, Jr. - Peabody Western
       Arizona

 6.     Shar King Alston - NEEJ- University of MA
       Lowell, MA

 7.     Luz Parris - USD A - Forrest Service
       Washington, DC

 8.     Alisa Rebbae - Community Member Turtle  Mountain Indian Reservation

 9.     Shirley Jordan - PWP
       Tifton, GA

 10.    Saul Eadez
       Tifton, MA                                                   :

 11.    Louise Munnay - PWP
       Atlata, GA

 12.    Annie Mae White - PWP
       Tifton, GA
Public Participation and Accountability Subcommittee                         Page 9

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XI.   Edited Version of EPA's Strategic Plan on Environmental Justice
Public Participation and Accountability Subcommittee                     •     Page 10

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XII.   Interagency Workgroup - Task Force on Outreach's Public Participation Checklist
Public Participation and Accountability Subcommittee                         Page 11

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                    COMMENTS PROVIDED BY THE NEJAC
      SUBCOMMITTEE ON PUBLIC PARTICIPATION AND ACCOUNTABILITY
 NOTE:
       Strikeout
              = Delete
              = Insert


Global Changes

Wherever "Tribal or Native American" appears add "Indegenous constituents"

             EPA'S ENVIRONMENTAL JUSTICE STRATEGY

      Over the past 25 years, our nation has made significant progress in
protecting public health and our environment but much remains to be done.
Millions or Americans still breathe unhealthy air. Many cannot take for granted
the safety of their drinking water. Over forty percent of our rivers, lakes, and
streams are not clean enough for fishing or swimming. Toxic waste sites inhibit
economic growth in thousands of communities.

      Our goal is to ensure that:
       4 No segment of the population, regardless of race, color, national origin,
       or income, as a result of EPA's policies, programs, and activities, suffers
                '     '  "      *      '       health or environmental effects,
                                               communities.
      \JL iiiv,i/iiix>, ao a ii/ouii. \JL i_>j. rr. o fjuui.ik
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with environmental laws; and partnerships with communities, State, Tribal  and
local governments, business, and environmental organizations.

       I look forward to promoting EPA's efforts to ensure that all Americans
have safe, healthy communities to live in.


                                                     Carol M. Browner
EPA Draft Environmental Justice .Strategy
January 1995

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    THE ENVIRONMENTAL PROTECTION AGENCY'S ENVIRONMENTAL JUSTICE
                                 STRATEGIC PLAN
                                INTRODUCTION
       EPA was established in 1970 in response to growing concerns about the problems
 and the difficulties in protecting the public health and improving environmental
 conditions in our country. These concerns included unhealthy air, polluted rivers, unsafe
 drinking water, endangered species, and waste disposal. Over the past almost-quarter
 century, environmental quality in our nation has been improved, in some cases,
 dramatically.  However, various case studies and reports over the years have clearly
 indicated that some Americans shoulder a disproportionate share of the burdens of
 pollution.  An EPA report, "Environmental Equity: Reducing Risk in All Communities,"
 issued in June 1992, found:

       4    Clear differences among racial groups in terms of disease and death rates
             (although there is a general lack of data on environmental health effects by
             race and income);

        4    Minority populations  and low-income populations  experience higher than
             average exposures to  selected air pollutants, hazardous waste facilities,
             contaminated fish, and farm pesticides in the workplace;

        4    Data are not routinely collected on health risks  posed by multiple industrial
             facilities, cumulative and synergistic effects, or multiple pathways of
             exposure; and,

        4    Native Americans have a unique relationship to the Federal government,
             with distinct environmental concerns, and Tribes generally do not have a
             regulatory infrastructure that meets EPA standards, trained  personnel, and .
             resources necessary to protect Tribal environments and public health.

       Our economy will  not remain healthy for long if we continue to degrade our
 natural capital and allow any of our people to become ill from pollution.  EPA, and this
 Administration, believe that all Americans are important to the  future of our nation and
 deserve to be protected from  pollution, regardless of race  or economic circumstance.

       Environmental justice is not  limited to specific  programs, such as the permitting
 and siting of facilities and protection of farm workers, but extends to cross-cutting
 processes such as public input in decision-making.  The Agency  will continue to move
 toward integrating programs that will help in efforts which can address the unique
 problems confronting low-income communities and minority communities.
EPA Draft Environmental Justice Strategy
Jtuwaryl995_

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       EPA cannot tackle this challenge alone. . It is vital that the wealth of accumulated
 knowledge from communities, scientists, State, Tribal, and local governments, industrial
 facilities, and EPA's diverse workforce guides the Agency in these changing times.  Early
 involvement and strong partnerships make good common sense and will result in sound
 public health and environmental policy.  By bringing people to the table representing all
 sides of an issue, EPA will identify common ground, bridge old differences, and find new
 solutions.
 HISTORICAL SUMMARY

       It is important to acknowledge the years of effort and time expended by grassroots
 groups, civil rights organizations, and Tribal and indigenous people** organizations in
 bringing eimroimientai Justice concerns to Che attention of the US, EPA.
                                                                     Early in hei
tenure, EPA Administrator Carol Browner made the pursuit of environmental justice one
of the Agency's highest priorities. It is iinpoitant to give credit to the efforts ot
grassroots groups, civil rights organizations, and Tribal and indigenous people's)
oruanizations in brining environmental justice concerns to the attention of the U.S.
EPA.
 ^fffmm    ly in her tenure* brA Administration Browner accepted the challenge to
 assure that environmental justice becomes one of EPA's highest priorities. Furthermore,:
 EPA BHBEJJJjl| realized the importance and necessity of the inclusion of these
 stake nolaeriritne development and implementation of its'''Kh'Wonmetital-Justice"
 Strategy.
       On April 22, 1993, President Clinton's Earth Day address directed EPA to work
 with the Department of Justice "...to begin an interagency review of Federal, State and
 local regulations and enforcement that 'affect communities of color and low-income
 communities with the goal of formulating an aggressive investigation of the inequalities in
 exposure to environmental hazards."

       As part of the National Performance Review (NPR) efforts to reinvent
 government, the Administrator formed a team of EPA employees to focus on EPA's
 mission, including environmental justice and the barriers that impede the fulfillment of
 the mission.  EPA's Environmental Justice Team of the NPR found that despite some
 progress in recognizing environmental justice as a critical issue, the Agency was still
 falling short. The Team found that many of the Agency's efforts were disjointed and  that
 the Agency  lacked effective processes to ensure accountability and to ensure that
 environmental justice is incorporated and sustained in the daily work of EPA in all
 aspects of its programs and activities.

       On February 11, 1994, President Clinton issued Executive Order 12898, "Federal
 Actions to Address Environmental Justice in Minority Populations and Low-Income
 Populations," and an accompanying Presidential memorandum, to focus Federal attention
 on the environmental and human  health conditions of minority communities  and low-
 income communities. The Executive  Order directed Federal agencies to develop an
 Environmental Justice Strategy by February 11, 1995, that identifies and addresses

 EPA Draft Environmental Justice .Strategy
January 1995                             4

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                                                                       Introduction

 disproportionately high exposure and adverse human health or environmental effects of
 their programs, policies, and activities on minority populations and low-income
 populations.

       EPA has taken a leadership role in helping Federal agencies.implement the
 Executive Order and  in efforts to tackle  the unique problems confronting minority
 populations and low-income populations. Administrator Browner chairs the Interagency
 Working Group on Environmental  Justice (IWG) established  under the Executive Order.
  In addition, EPA chairs the IWG's Subcommittee on Policy and Coordination made up
 of the chairs of the eight IWG task forces. EPA co-chairs two of the task forces and has
 representatives on each task force.
 The Office  of Environmental Justice (created in 1992 and originally called the Office of •
 Environmental Equity) coordinates the Agency efforts to develop and implement
 environmental justice  initiatives.  As an agency whose primary mission involves protecting

 public health and the  environment, EPA has much to offer its sister agencies.
 DEVELOPMENT OF THE ENVIRONMENTAL JUSTICE STRATEGY

       The Vision:  The intent of the draft strategy is to ensure the integration of
 environmental justice into the Agency's programs, policies, and activities consistent with
 the Executive Order.  As the Administrator said when the President issued the
 environmental justice Executive Order:

       "We will develop strategies to bring justice to  Americans who are suffering
       disproportionately... We will develop strategies to ensure that low-income and
       minority communities have access to information about their environment—and
       that they have an opportunity to participate in shaping the government policies
       that affect their health and environment."

       The Process:  Since the NPR report and the issuance of the Executive Order, a
 number of steps were undertaken by the Agency:

       4     EPA established the Environmental Justice Steering Committee and Policy
             Workgroup,  to develop, help implement, and monitor EPA's environmental
             justice activities.  The Steering Committee acts as a senior management
             "board of directors" to guide environmental justice at EPA.  The Policy
             Workgroup,  made up of senior level  staff,  develops, implements, and
             reviews environmental justice policy.  In addition, each Office and Region
             has established Environmental Justice Coordinators. These  three groups
             are assisted by the Office of Environmental Justice.

       4     On April 11, 1994,  EPA formed the National Environmental Justice
             Advisory Council (NEJAC) which is comprised of 23 representatives from

EPA Draft Environmental Justice Strategy
January 1995                            5

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                                                                        Introduction
             academia, business and industry, State, Tribal, and local governments,
             environmental organizations, community groups, and non-governmental.
             organizations. The NEJAC provides advice to the Agency on matters
             related to environmental justice.  Significant in this process is the
       +     The EPA National Goals Project has held a series of public meetings   •
             around the country to identify major environmental priorities, including
             environmental justice issues; Environmental justice concerns are integrated
             into EPA's process of identifying national environmental goals.

       The Steering Committee and Policy Workgroup have been developing an
environmental justice strategy for the last year. The first step was the Environmental   .
Justice Action Plan developed in response to the recommendations of the National
Performance Review.  The Action Plan was incorporated into the Agency's  draft outline
of the Environmental Justice Strategy produced pursuant to the Executive Order.
Administrator Browner established environmental justice as one of EPA's seven guiding
principles and included the  outline in the Agency's five-year strategic plan, "The New
Generation of Environmental Protection."

       Expanding on the draft outline, Offices and Regions contributed to this strategy.
The draft strategy incorporates the Agency's work with the Interagency Working  Group
on Environmental Justice, its task forces, and with other agencies.  This document was
produced with the hard work and  expertise not only of those within the government, but,
more importantly, with the support of a broad range of individuals who care about these
issues.

       The early documents leading up to the development of this strategy were
developed with involvement of diverse people and groups working together. No process
would be appropriate without up-front involvement of our communities and stakeholder.
For  example, the NEJAC and its four subcommittees have been actively involved in the
strategy development process by reviewing and commenting on  EPA's Environmental
Justice Action Plan and EPA's draft outline.  EPA will ask NEJAC and other stakeholder
to assist us in reviewing our strategy's options for actions.  In reviewing the  options for  '
actions, we want them to tell us what major actions should be of the  highest priority,
what actions are missing, and then help us  map out a path to meet our objectives.

      The draft strategy uses the term "minority" rather than "people of color" in order
to be consistent with the Executive Order, but EPA is mindful and supportive of many
communities desire to use "people of color."  In addition, lowrincome transcends  the
color barrier to include non-minority populations. Also, the draft strategy uses the terms
"populations," which appears in  the Executive Order, and "communities," which appears
in the accompanying Presidential memorandum, interchangeably.  The draft strategy is
respectful of the unique
relationship EPA has with Tribal governments and the special issues  involving Native and
Indigenous people.


EPA Draft Environmental Justice Strategy
January 1995                             6

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                                                                         Introduction

       The draft strategy is .designed to address areas identified by the Steering
 Committee and the Policy  Workgroup which directly relate to the Executive Order.  EPA
 has programs and activities that complement and support environmental justice goals
 which are not included in the scope of this strategy.  The draft strategy describes •
 environmental justice efforts  in sbf cross-cutting mission areas:

       4     Health and Environmental Research

       4     Data Collection, Analysis, and Stakeholder Access to Information

       4     Enforcement and Compliance Assurance

       +    Public Participation & Accountability:  Partnerships, Outreach, and
              Communication with Stakeholder                              :

       f     Native American, Indigenous, and -Tribal Programs

       4     Integration of Environmental Justice into all Agency's Activities

 Additionally, a number of model projects are highlighted, and included in. a separate
 section.  •
EPA Draft Environmental Justice Strategy
Januaryl995

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                                                  Health and Environmental Research
           HEALTH AND ENVIRONMENTAL RESEARCH

       In coordination with other Federal agencies, EPA will design the environmental and
       human health research needed to support its environmental justice programs.
 IMPORTANCE OF HEALTH AND ENVIRONMENTAL RESEARCH

       An important aspect to advancing environmental justice in minority populations
 and low-income populations is the need to evaluate the risks that toxic exposure poses to
 human_ health.  Minority and  low-income, populations may bear a greater burden and
 higher frequency of these exposures and, consequently, may have a higher risk or
 increased susceptibility to cancer, respiratory diseases, reproductive, immunologic,
 neurologic, and other health effects.  One goal of environmental justice research is to
 improve  the scientific basis for informed decision-making.
 OBJECTIVES FOR HEALTH AND ENVIRONMENTAL RESEARCH
                 t
 1)     Sound Science:  EPA will ensure that the-Agency's environmental policies are
       based on sound science and significantly address and incorporate environmental
       justice and socioeconomic concerns into its research and related activities.

       Options for Actions:

       *     EPA will work with the scientific community, Historically Black Colleges
             and Universities and other Mkiodty Institutions (HBCU/MIs> and Tribal
             Colleges,, the affected community, business, industry and other stakeholder
             to "improve health assessments and risk assessments and incorporate
             environmental justice and socioeconomic issues into its policies and
             guidance.

       4     EPA will evaluate the current state of knowledge in exposure and
             cumulative risk  fields, and then identify knowledge and data gaps and
             research needs.

       4     EPA will assess, as appropriate, major pollution sources of high
             environmental risks in targeted minority communities and low-income
             communities, and provide pollution prevention research into risk reduction
             from those sources.

       4     EPA will support environmental justice research  through (1) financial
             support to academic centers including; those at minority institutions or
             organizations whose mission is to exarriihe envirbhmentarjustice'"issues, (2)


EPA Draft Environmental Justice Strategy
January 1995                            g

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                                                   Health and Environmental Research

              competitive grants to specific researchers examining environmental justice
              questions, (3) sponsorship of symposia and conferences aimed at advancing
              environmental justice scholarship, and/or (4) exchange programs between
              EPA and non-governmental groups with a shared research agenda.

 2)    Expanded Research Capacity:  EPA will expand its capability to conduct research in
       areas where it can make the greatest contribution to environmental justice
       including human exposure, cumulative  risk, risk reduction, and pollution
       prevention.

       Options for Actions:

       4      EPA will address exposure in at least three main areas:  methods
              development, monitoring data, and model development.  The Office  of
              Research and Development  (ORD) will  continue developing the Natural
              Human Exposure Assessment Survey (NHEXAS) to generate a human
              exposure database to include relevant geographic and  demographic
              questions.

       4      EPA will assess and compare the environmental and human health risks
              borne by populations identified  by race, national origin, or income. EPA,
              in conjunction with other agencies, is  developing standards for demographic
              data and data access.  Many Regions are conducting Geographic  ,
              Information System (GIS) analyses to test methods of identifying areas of
              potential concern.  'EPA is analyzing population demographics and Federal
              facilities to assess populations at risk and potential disproportionate impact.
              to surrounding communities.

 3)     Research Partnerships:  EPA will enhance partnerships with the affected public, the
       scientific  community, HBCU/MIs andTribal Colleges, and other agencies to
       broaden perspectives arid efforts; in understanding and addressing environmental
       justice health research 'issues.

       Options for Actions:

       4     EPA will expand interagency and intergovernmental partnerships to ensure
             a coordinated research strategy  and the ability to target cross-disciplinary
             projects in communities "at risk".

       *     EPA will support multi-stakeholder conferences, workshops, and programs
             to  focus on national environmental health research needs.

       4     EPA will provide minority populations and low-income populations and
             other affected |^p«k^onS the opportunity to comment on the development
             arid design of research strategies developed under  the Order.
EPA Draft Environmental Justice Strategy
January 1995

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                                                 Data Collection, Analysis, and Access
                   DATA COLLECTION, ANALYSIS, AND
          STAKEHOLDER ACCESS TO PUBLIC INFORMATION

       EPA's mission of protecting public health and the environment depends on individuals
       within and outside of the Federal government having access to good data to make
       informed decisions.
 IMPORTANCE OF DATA COLLECTION, ANALYSIS, AND ACCESS

       The Agency must manage its information resources more strategically to support
 comprehensive approaches, such as community-based and common .sense initiatives.
 Integrated information wall help the Agency and our stakeholder better understand
 environmental issues and make decisions that will protect public health and the
 environment. A sound information resource management foundation is vital to the
 Agency in its ability to provide objective, reliable, integrated, and understandable
 information.

       Effective use of existing databases and the development  of new national databases
 will help the Agency target areas of greatest concern.  Studying and monitoring these
 areas will help identify risks from which all stakeholder in the area, including the affected
 communities, can help devise a mutually agreeable solution for  all parties.

       The Agency has recently developed a comprehensive Information Resources
 Management Strategic Plan.  The objectives and actions below are consistent with and
 support this plan.
OBJECTIVES FOR DATA COLLECTION, ANALYSIS, AND ACCESS

1)    Public Access: EPA will work to provide our stakeholder easy access to
      standardized and integrated environmental information.

      Options for Actions:

      4     EPA will develop policies which will promote the use of key identifiers to
             integrate and share environmental data.

      4     EPA will continue to make strategic investments in systems which will assist
             the Agency in examining complex data  sets focused on minority populations
             and low-income populations.

      4     EPA will continue efforts to make data and information accessible to
             stakeholder. EPA will continue coordination with interagency efforts to
EPA Draft Environmental Justice Strategy
January 1995                           10

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                                                   Data Collection, Analysis, and Access

              ensure data system compatibility with developing information technology
              access points (from the local library to the Information Superhighway).

 2)     Addressing Data Gaps: EPA m conjwction with affected communities and other
       stakeholder will identify gaps in the data inventory and work to address these
       gaps.

       Options for Actions:

       4.     EPA will conduct an inventory of the  Agency's major data systems to
              identify uses, limitations,  and gaps.

       4      EPA will examine its databases to determine major facilities, particularly
              Federal facilities or sites, that could pose a substantial-human health or
              environmental threat.               •             *

       4      EPA will identify data requirements, including data needed for risk
              assessments and management decisions.

       4      EPA will identify acceptable methods of analysis for geographical
              information to address environmental justice.

       4      EPA will increase the accuracy of its locational data for major sites of
             . potential toxic releases and environmental quality  monitoring points.

       4      EPA will examine the data obtained from environmental quality monitors
              placed in minority and low-income communities.

       4      EPA will utilize tlie Interageney/ Workgroup to draw upon
              data from other federal agencies.

 3)     Data Reporting:  EPA will work to improve data collection quality and reduce the
       burden on providers of information.

       Options for Actions:

       4      EPA will create effective reporting mechanisms to minimize cumbersome
              or duplicative reporting requirements.

       4      EPA will use electronic methods to receive data from providers in order to
              improve accuracy and reduce burden.

       4      EPA will assist small businesses by using innovative technologies to convert
              hard copy reports.

 4)     Data Integration and Analysis:  EPA will integrate the information resource
       management process linking environmental priorities, data needs, and the
       Agency's budget process. The Agency will'use its data and that, of others to do


 EPA Draft Environmental Justice Strategy
January 1995                            \\

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                                                  Data Collection, Analysis, and Access

       environmental justice analysis.

       Options for Actions:

       4     EPA will use information to establish environmental priorities, identify
             goals and environmental indicators, and manage results.  EPA will gather
             and analyze data as needed to evaluate environmental risks and trends,
             particularly as they affect minority populations and low-income populations.

       4     EPA will routinely collect, analyze, and disseminate environmental and
             health  data. That data will compare environmental and human health risks
             to populations identified by race, national origin or income.

       4     EPA will work with the Interagency Working Group Task Force on Data to
             coordinate data collection and to avoid duplication of efforts.

       4     EPA will standardize databases and definitions relevant to the analysis of.
             environmental justice.

       4     EPA will maintain a strong executive-level information resource
             management steering committee incfcditig au'exscul&e-Ievfii environmental
             Justice  stall person who will oversee, sponsor, and review the Agency's IRM
             program.

       4     EPA will establish mechanisms so that sound, integrated data is accessible
             to the EPA workforce, its partners, and stakeholder: These  include
             disseminating .and providing access' to EPA information to educate and
             empower its partners and the  public; providing EPA employees means to
             access  the information;and technical resources needed  to perform their
             duties;  and effectively collecting and managing the information that the
             Agency and its partners require in order to manage for environmental
             results.

       4     EPA will continue efforts to integrate Toxic Release Inventory (TRI) and
             cross-link multiple data systems to support specific Agency programs.

       4     EPA will use Geographical Information Systems (G'lS) to identify minority
             communities and low-income communities which  lack monitors. Overlays
             may include the existing monitoring network and  a demographic profile.
             EPA will provide this information to EPA personnel responsible for permit
             oversight, air modeling, and risk modeling.

       4     EPA will use hazardous waste information on facilities to track
             environmental justice issues.

       4     EPA will collect and analyze water-related data in rural areas dependent •
             upon small water systems. The data will identify  minority communities and
             low-income communities,  and  Tribal and indigenous  peoples who rely on


EPA Draft Environmental Justice Strategy
January 1995

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                                                   Data Collection, Analysis, and Access

              groundwater as a drinking water source. This data will support efforts to
              assure the protection of this critical resource.

              EPA wfl! collect and analyze air, water, and other
              environmental data pertaining to eniissiom by US, co
              m Mexico that affect US*'
              EPA .win collect and analyse aaytvater, and other
              environmental data pertainiflg to BUns&ian nmclear activities
              that Impact indigenous c^sinrmmities in Alaska*
EPA Draft Environmental Justice Strategy
January 1995                            13

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                                               Enforcement and Compliance Assurance
            ENFORCEMENT AND COMPLIANCE ASSURANCE

       EPA will include a focus on environmental justice issues in its enforcement initiatives
       and through compliance analysis and targeted data analysis of communities exposed to
       multiple environmental risks.  EPA will implement Title VI.  EPA will consider
       environmental justice issues through the review of and comments on other Federal
       agencies' proposals and actions under the National Environmental Policy Act and
       Section 309 of the Clean Air Act.
         IMPORTANCE OF ENFORCEMENT AND COMPLIANCE ASSURANCE

       The Office of Enforcement and Compliance Assurance (OECA) manages the
 Agency's recently consolidated civil and criminal enforcement activities as well as its
 complementary compliance assistance efforts.  Strong and effective enforcement of
 environmental laws is fundamental to virtually every mission of EPA.  In response to the
 provisions of the Order, the Agency is .developing practical strategies and initiatives to
 ensure the full integration of environmental justice considerations into all enforcement
 and compliance activities, and into the review of Federal agency activities under the
 National Environmental Policy Act  (NEPA) and Section 309 of the Clean Air Act:

       The Presidential memorandum issued with the Order emphasizes that Title VI of
 the Civil Rights Act of  1964 provides an opportunity for Federal agencies to address
 environmental hazards  in minority communities and low-income communities.
 Enforcement of the basic non-discrimination provisions in Federally-financed programs,
 and the activities of the Office of Civil Rights, directly support EPA's environmental
 justice objectives.              .                                                :
OBJECTIVES FOR ENFORCEMENT AND COMPLIANCE

1)     Strategic Enforcement of Environmental Statutes:  EPA will incorporate
       environmental justice concerns into its program for ensuring compliance with
       Federal environmental requirements. The Agency will review and revise as
       needed significant policy and guidance.documents to address environmental justice
       issues. A major feature of this approach will be to ensure that EPA's
       enforcement and compliance assurance activities will include a focus on
       communities and populations which suffer from disproportionately high and
       adverse human health or environmental effects.  EPA will use, as appropriate, the
       full range of tools available to it to correct noncompliance in targeted
       communities.
EPA Draft Environmental Justice Strategy
January 1995                            14

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                                                 Enforcement and Compliance Assurance

       Options for Actions:

       4     EPA will include in its enforcement efforts identification of communities
              and populations, such as low-income urban and rural populations which
              suffer from disproportionate high and adverse human health or
              environmental effects, that can be targeted for potential enforcement and
              compliance assurance activities. EPA's targeting efforts will use the most
              current demographic information (using Geographic Information System
              mapping techniques), Toxics Release  Inventory data, media specific and
              multi-media data, community reports, and relevant health statistics.  Where
              violations are discovered, the Agency  will fashion an appropriate
              enforcement response.

       4     EPA will customize its enforcement and compliance assurance program for
              targeted communities to reflect the needs of the community and the
              particular compliance problems in that community. EPA will also use
              technical support and assistance as a supplement to traditional enforcement
              where that is most appropriate.

       f     EPA will actively encourage the use of creative approaches to settlement of
              enforcement actions, particularly where violations have  been identified in
              communities disproportionately impacted by environmental problems
              (traditionally, many enforcement actions have been resolved by assessing
              cash penalties and imposing "end of pipe" solutions).  Specifically, Regions
              will be encouraged to obtain settlements which promote pollution
           ,.   prevention, remedy environmental damage, and collect  adequate monetary
              fines. The goal  of the projects will be to reduce long-term exposures within
              the community.

       4     EPA will work with minority institutions and other local environmental
             justice groups to develop an educational program that provides targeted
              communities with information on environmental protection, such as
              statutory and regulatory matters; citizen rights under Federal and State
              environmental statutes; whistle-blower protection for employees; the
              interpretation of data on performance available to the public; and the
              regulator's  role in ensuring compliance.

       4     EPA will review its existing policy and guidance which informs enforcement
              and compliance  activities to ensure that it adequately considers/ addresses
              environmental justice concerns.  Examples of policy/guidance which will be
              reviewed include penalty policies, inspection strategies,  and the
             Supplemental Environmental Projects (SEP) policy.  EPA will also assess
              existing practices to determine whether  new policies are needed to address
              effectively environmental justice issues.

2)     National Environmental Policy Act (NEPA) and Clean Air Act  (CAA) Section 309
       Responsibilities:  Under the authority of Sec. 309 of the CAA, EPA will routinely
       review the environmental effects of major federal actions significantly affecting the


EPA Draft Environmental Justice Strategy                                              ,
January  1995                            15

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                                               Enforcement and Compliance Assurance

      quality of the human environment. EPA reviewers will focus on the spatial
      distribution of human health, social, and economic effects to ensure that agency
      decisionmakers are aware of the extent to which those impacts  fall
      disproportionately on low-income and minority communities.

      Options for Actions:

      4     EPA will aid Federal reviewers in the use of guidance to aid reviewers of
             Federal actions as it relates to carrying out its responsibilities under NEPA
             and CAA section 309.

      4     EPA will consider holding workshops and seminars with Section 309
             reviewers and NEPA coordinators to further explore environmental justice
             impact analysis methods.

3)    Title VI Compliance:  EPA will develop a -strategy to improve its implementation of
      Title VI requirements.  EPA will review the need for guidance and oversight for
      EPA authorized State and local programs.

      Options for Actions:

      4     EPA will work with the  Department of Justice to  develop case  referral
             guidance for Title VI cases.

      4     EPA will develop training materials on environmental justice and Title VI.

      +     EPA will develop training materials on Title VI compliance reviews.
EPA Draft Environmental Justice Strategy
January 1995                            16

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                                           Partnerships, Outreach, and Communication
      PARTNERSHIPS, OUTREACH, AND COMMUNICATION WITH
                                STAKEHOLDER

       EPA will promote partnerships, outreach, and communication with affected
       communities, community organizations, other non-profit organizations, Federal, Tribal,
       State, and local governments, environmental organizations, academic institutions, and
       business and industry.
 IMPORTANCE OF PARTNERSHIPS, OUTREACH, AND COMMUNICATION

       Environmental justice issues are multi-dimensional and multi-disciplinary.
 Stakeholder must work together to further the nation's goal toward ensuring the
 protection of public health and the environment.  There is a need to bring together
 stakeholder with similar interests to communicate concerns, coordinate activities, build
 critical literature, develop hypotheses, formulate problem statements and address the
 issues. Because industrial facilities. have the first responsibility for considering
 environmental justice matters, EPA will build upon the leadership many industry trade
 associations have demonstrated in seeking to understand environmental justice concerns
 and integrate these concerns into their planning, assessment, and activities. EPA will
 work closely with these organizations — in cooperation with our state and local
 governmental regulatory partners and with leaders of the environmental justice
 community — to develop clear standards and expectations for the non-discriminatory
 distribution of environmental burdens and benefits under the principles of the Executive
 Order. By working with the private sector to develop an appropriate framework for
 consideration of environmental justice issues, our nation can more effectively leverage the'
 impact of government actions in this area than by merely waiting until environmental
 justice concerns arise in the enforcement context.  A comprehensive approach to
 identifying and  addressing environmental justice concerns requires the early involvement
 of communities affected by environmental pollution. Additionally, approaches to
 effectively address environmental justice issues require the partnership and pooling of
 expertise, the leveraging of resources, and effective coordination. Most S^iScanfly, EPA
 will access am
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                                            Partnerships, Outreach, and Communication

 1)     Partnership and Coordination:  EPA will enhance partnerships and coordination
       with stakeholder (affected communities; community organizations; non-profit
       organizations; Federal, Tribal, State, and local governments;  environmental
       organizations, academic institutions; and business and industry), to ensure their
       active participation and providing input early in environmental decision-making.

       Options for Actions:

       4     EPA will use the National Environmental Justice Advisory Council as a
             vehicle for obtaining stakeholder input.

       4     EPA will work to obtain input from stakeholder, particularly the affected
             public, early in the decision-making process.

       4     EPA will foster partnerships with other Federal agencies to continue a
             shared government commitment to environmental justice. ,

       4     In particular, EPA will endeavor to develop jointly with State and local
             governments clear expectations as to the  requirements of Title VI of the
             Civil Rights Act of 1964 for carrying .out Federally authorized permitting
             programs under the Clean Air Act,  Clean Water Act,.and the Resource
             Conservation and Recovery Act. These requirements  should include
             obligations for data collection and evaluation of potential discriminatory
             effects, including cumulative effects, in  making permitting decisions as part
             of their Federally authorized program activities and annual reporting
             requirements on such permitting activities. EPA will also work with these
             partners in developing guidance for the non-discriminatory distribution of
             benefits, under other Federal statutes with significant State  and  Federal
             roles, such as the Safe Drinking Water Act and the Comprehensive
             Environmental Response, Compensation, and Liability Act .(Superfund).

 2)     Technical Assistance:  EPA will examine its current technical assistance  programs
       for low-income communities and minority communities.

       Option for  Action:

       4     EPA will administer grant programs and technical assistance to partners
             particularly small business, community-based organizations,  and  Tribes, so
             that  they can better address local environmental problems.

 3)     Communication, Education and Outreach:  EPA will improve communication,
       education and outreach on environmental justice issues" among all stakeholder,
       promoting multi-lingual, user-friendly,  innovative efforts to exchange information
       and experience with affected stakeholder.
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                                             Partnerships, Outreach, and Communication

        Options for Actions:

        4     Ensure that documents, notices, and hearings related to human health or  ,
              the environment are concise, understandable, in non-technical language,
              jargon-free, m language indigenous to the area, and readily accessible to
              the public.

        4     Expand, mailing lists to include environmental justice organizations,1 non-
              profit organizations including schools,  civic associations, local business and
              industry associations and churches where appropriate.

        4     Identify a network of translators who will assist in conducting public
              meetings to be held in centrally located community-based facilities.

        +     Whenever possible and appropriate, publish public notices for EPA public
              meetings in local and minority-oriented newspapers, radio* and television in
              language indigenous to the area.

 4)      Training:  EPA will foster shared Federal, Tribal, State,  and local government
        commitment to achieve environmental justice goals through training and other
        coordinated activities.

        Option for Action:

        *     EPA will incorporate the j>&b&; participation model created by NEJAC
              into all of t& partamhips, and outreacfe ami coiBmtjaieatiou activities.

        4     EPA will incorporate an ongoing orientation and training
              program for its personnel oiHhe1 public participation model.

        +     EPA win provide training assistance to other Federal agencies
              and State, Tribal* and local officials on environinental justice
              issues as requested.
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                                            Partnerships^ Outreach, and Communication
                     NATIVE AMERICAN, INDIGENOUS, AND TRIBAL
                                    PROGRAMS
       EPA will work with Tribes, indigenous constituents, the Tribal Operations Committee
       and the National Environmental Justice Advisory Council to integrate the subsistence
       and Native American provisions of the Order on environmental justice into EPA's
       regulations, policies, programs and activities.
IMPORTANCE OF NATIVE AMERICAN PROGRAMS

       Environmental concerns differ throughout Indian Country, ranging from access to
safe drinking water to remediation of hazardous waste. Furthermore, Tribal
environmental priorities are affected by the Tribe's traditional cultural and religious
relationship to the ecosystems in which they live, including subsistence on fish, game, and
wild vegetation. For these reasons, Native Americans are often exposed to different
types, degrees,  and  causes of environmental risks.

    •  Tribal environmental justice advocates have raised a range of environmental
concerns, including  comprehensive Tribal environmental program development,
environmental effects on urban Native Americans and Native Hawaiians and the
participation of Native American grassroots advocates in environmental protection.
However, while environmental justice has brought renewed attention to the
environmental concerns  of Native  Americans, it is not meant to replace the more than
two hundred years of Federal Indian law and policies. The Federal-Tribal relationship,
as defined in the United States Constitution, treaties, statutes, and federal court
decisions, sets forth a framework of rights and responsibilities to be carried out by the
Federal government and the Tribes.  Therefore, while environmental justice includes
issues regarding Native American  grassroots participation and disproportionate effects on
indigenous communities, it is not intended to supersede Tribal sovereignty, treaty rights,
the Federal trust responsibility or  the government-to-government relationship. Rather it
should support  these tenets of Federal Indian law by encouraging the development of
Federal-Tribal environmental  programs comparable in protection to Federal-State
environmental programs.
OBJECTIVES FOR NATIVE AMERICAN PROGRAMS

1)     Tribal Environmental Programs:  EPA will work with other Federal agencies and
       Tribes to develop comprehensive tribal environmental programs which address
                       high and adverse human health or environmental effects in
disproportionately
       Indian country.


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                                       Native American, Indigenous, and Tribal Programs
       Options for Actions:
       4     EPA will work with the tribes to develop comprehensive Tribal - EPA
              Environmental Agreements to address program delegations, direct
              implementation, and other activities to effectively protect Tribal health and
              environments.

       4     EPA will provide outreach, education, training, technical and financial  .
              assistance to support the implementation of environmental programs,
              including activities to address gQJQQfQQj^QQQ high and adverse human
              health or environmental effects.

       4     EPA will identify and work.to promote funding, statutory, and  regulatory
              flexibility to assist Tribes in addressing environmental justice issues.

       4     EPA will integrate Tribal environmental issues, including concerns
              regarding differential  consumption patterns and cultural, religious and/or
              traditional uses of natural resources, where appropriate, into EPA's
              regulations,  guidance, policies, programs, implementation of statutes and
              other activities.

2)     Native American Participation:  EPA will ensure the participation of interested or
       affected Tribal members, organizations or other Native American and indigenous
       constituents in EPA decisions and/or activities that may affect the public health or
       environment of their community.

       Options for Actions:

       +     EPA will provide outreach, education, and  training to  affected  Native
              American and indigenous constituents, including affected urban Native
              American communities, Native Hawaiians, and non-Federally recognized
              Tribes.

       4     Offices and  Regions will work with the Tribes to encourage public
              participation as part of their Tribal environmental programs and  help
facilitate, where necessary, public discussions on Tribal environmental protection.

       4    EPA will work to improve.education and training opportunities and
             partnerships with Tribal colleges.

3)     Interagency  Coordination:  EPA will take the lead to ensure coordination and
       cooperation between EPA and other Federal agencies to address cross-cutting
       Tribal environmental issues Including more effective utilization of federal
       resources.
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                                       Native American, Indigenous, and Tribal Programs
       Options for Actions:

       f     EPA will promote active participation by the Agency on Tribal issues and
              on relevant interagency committees and initiatives.

       4     Each Office and Region will work to improve interagency cooperation and
              actions for addressing tribal environmental justice issues.

       +     EPA will collect and analyze air, water, and other environmental .data
              pertaining to affected indigenous communities near the Mexican border,
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January 1995                            22

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                                                      Integrate Environmental Justice

              INTEGRATE ENVIRONMENTAL JUSTICE

       EPA mil make environmental justice a part of all of its programs, policies, and
       activities.
 IMPORTANCE OF INTEGRATION

       EPA was established to protect and preserve public health and the vitality of our
 environment.  However, our efforts to do so have fallen short of this goal in some of our
 nation's minority communities and low-income communities. The integration of
 environmental justice into EPA's programs, policies, and activities will help ensure that
 all populations share the benefits of environmental protection and sustainable
 communities,

       To establish a solid foundation where everyone enjoys a healthy environment,
 EPA will integrate environmental justice tenets into the Agency's policies, programs, and
 daily activities as well as the short- and long-term budget and-planning processes.  The
 Agency already has a large network of committed employees working on environmental
justice issues.  However, there is still much work to be done to give our whole workforce
 the tools needed to properly address the challenges the  Agency will face as it works
 toward achieving environmental justice.. EPA will need  to provide guidance, to educate
 our employees on environmental justice issues, and to provide incentives and
 accountability.  In addition,  EPA must make use of the essential experience and expertise
 of stakeholder and those outside of EPA working on these issues.
OBJECTIVES FOR INTEGRATION

1)     Environmental Justice Strategy: EPA will develop and implement its Environmental
       Justice Strategy in accordance with the mandates and milestones contained in
       President Clinton's Executive Order 12898 of February 11, 1994, "Federal Actions
       to Address Environmental Justice in Minority Populations and Low-Income
       Populations," and the guidance of the  Interagency Work Group (IWG) on
       Environmental Justice established under the Order.

       Options for Actions:

       *     EPA will continue to provide advice, guidance, and administrative support
             to the IWG.

       4     EPA will meet the deadlines of the Executive Order.
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January 1995                           23

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                                                         Integrate Environmental Justice

2)     Comprehensive Review:  EPA will review its legislation, regulations, programs,
       policies, and guidance for revisions as appropriate to address environmental justice
       concerns.                                                  •

       Options for Actions:

       4     Each Office and Region will provide the Steering Committee with a
              complete review of its current regulations, policies, guidance, and practices
              to identify and develop a strategy or action plan to address environmental
              justice concerns. The strategy or action plan should include:

              - A list of cross-cutting functions better dealt with on an Agency-wide
              basis;.
              - Prioritized action items and deadlines;
              - Measures of progress; and,
              - Those who will be accountable for implementation.

       While  the review is being completed, each Office and Region will continue on-  .
       going work on regulations, policies, guidance, and practices which have been  •
       identified as requiring changes to integrate environmental justice concerns.

       Each Office and Region will provide the Steering Committee with a brief list of
       the ongoing, changes. The list should include:

              - Prioritized action items and deadlines;
              - Measures of progress; and,
              - Those who will be accountable for implementation.

       *•     For those cross-cutting -functions identified and not already being
              addressed, the Steering Committee will:

              - Establish a cross-Agency work group to develop options on how to best
              incorporate environmental justice into the cross-cutting function; and,

              - Review options, select and implement the most efficient and" effective
              method.

       4     EPA will work to ensure that environmental justice is considered in future
              legislation.

       4     EPA will develop guidance on non-discrimination responsibilities of the
              Agency.

       +     EPA will complete its Regulatory Impact Analysis Guidance. This  will
              provide the Agency guidance on how to incorporate environmental justice
              into its  regulatory development process.
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                                                        Integrate Environmental Justice

       4     A cross-Agency work group on grants and environmental justice will
              examine options for incorporating environmental justice into EPA's grant
              programs to adequately reach minority populations and low-income
              populations and make recommendations to the Steering Committee on
              implementation.

       4     EPA will continue to ensure that environmental justice issues are linked
              with EPA Community-based initiatives and pollution prevention.

 3)     Stakeholder Input: EPA Offices and Regions will continue to establish working
       relationships with key stakeholder in order to further develop, implement, and
       coordinate program-specific strategies.

       Option for Action:

       4     Each Office and Region will include mechanisms for stakeholder and
              community input in the development of their environmental justice strategy
              implementation plans.

 4)     Education: EPA will develop internal communication and training to educate
       Agency employees about  environmental justice.

       Options for Actions:

       4     EPA Offices and Regions will expand their environmental justice training
              plans in order to ensure that  EPA employees  have a better understanding
              of what environmental justice is, how it relates to their work, and what
              opportunities are available to address environmental justice issues. The
              training will be tailored to the needs of the Office or Region.  Training kits
              might include: generic information on environmental justice, examples of
              model initiatives and projects, and public participation  guidelines.

       4     EPA will sponsor environmental'justice seminars or workshops to focus on
              media-specific environmental justice activities  and case examples.

 5)     Management Accountability:  EPA will strengthen management accountability for
       environmental justice activities.

       Options for Actions:

       4      EPA will reorganize to strengthen leadership and management of
              environmental justice activities in the Agency.

       4      EPA will develop a system for monitoring and evaluating program
              improvements resulting from  the integration of environmental justice.

       4      Each Office, or Region will develop a feedback mechanism for tracking
              implementation of environmental justice policy across the Office or Region,


 EPA Draft Environmental Justice Strategy
January 1995                             25

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                                                       Integrate Environmental Justice

             focusing on both major environmental justice projects and on routine
             implementation of the policy by staff.
 INTEGRATION WITH OTHER EPA PRINCIPLES AND APPROACHES

                              /
       The environmental justice strategy is well-integrated into the fabric of many of the
 Agency's principles and initiatives which the Agency considers fundamental to its
 operation and mission. In fact, one of the seven guiding principles established in the
 Agency's strategic plan, "The New Generation of Environmental Protection," is
 environmental justice.

       Environmental justice linkages are apparent in a number of these efforts.  For
 example, involving the affected communities in the fashioning of strategies to promote a
 healthy environment and a sustainable economy ("community-based" ecosystem
 protection) encourages community involvement in  the protection of public health and
 improving environmental conditions in the nation's communities. Additionally, partnering
 with communities with minority populations and low-income populations which may be
 suffering from .disproportionately high and adverse human health or environmental
 effects should be a cornerstone of pollution prevention efforts (with a traditional focus on
 such issues as waste minimization  and "green" technology).  Another innovative
 partnering approach is exemplified in the primary  role played by States and Tribal
 governments in the operation of regulatory and enforcement  programs.  EPA recognizes
 the crucial implementation role of these State and Tribal partners, and will work to
 incorporate  environmental justice -into these efforts.

       Furthermore,  NPR activities underway provide a foundation for addressing
 institutional environmental justice issues in a more coordinated fashion.  One example is
 the reorganization of the Agency's enforcement functions along media lines (e.g., air,
 water, waste, pesticides).  In addition, this office has included innovative compliance
 methods beyond traditional enforcement measures in cross-cutting areas such as multi-
 media enforcement, geographic initiatives and industrial sectors.

       Lastly, the Agency has developed an overarching approach,  "common sense,"
 focused on establishing simple principles and procedures for conducting the Agency's'
 business.  The common sense initiative, involves managing pollution control more
 effectively by dealing with multi-media and multi-chemical exposures.  The key to
 successful implementation of this Environmental Justice Strategy will be seamless
 integration'of environmental justice concepts into all of the Agency's efforts which impact
 human health and the environment.
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                                                         Integrate Environmental Justice
EPA Draft Environmental Justice Strategy
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                                                                     Model Projects


                        ENVIRONMENTAL JUSTICE MODEL PROJECTS
 INTRODUCTION

        Many EPA Offices and Regions have distinguished themselves in this area by
 creating model projects that reflect a "re-invented" way of doing business. The following
 are samples of these projects.  For a complete list of projects, please contact the Office
 of Environmental Justice.
 BROWNFIELDS ECONOMIC REDEVELOPMENT PILOTS

       EPA has launched an activity to fund demonstration projects that will not only
 clean up abandoned industrial lands for redevelopment but assist in jobs and vitality of
 communities. These funds are to be used to pull together community groups, investors,
 lenders, developers, and other affected parties to address the issue  of cleaning up sites
 and returning them to appropriate, productive use.  The Brownfield Pilots will serve as
 living laboratories to explore the ways in which clean-up for redevelopment might work,
 providing a series of models for States and localities struggling with such efforts.
 Findings and experience from these pilots will serve as a foundation for a national EPA
 strategy to stimulate economic redevelopment through environmental cleanup.  The
 strategy will provide guidance on successful processes  for cleaning up  and returning
 contaminated, abandoned industrial Brownfields to productive  use.

       Each pilot will produce a strategy for assessment and cleanup of environmental
 contamination.  By the completion of each pilot, recipient communities will have
 identified resources for cleanup  and redevelopment of sites, and secured agreements to
 proceed with the  public and private parties involved.

       Under a cooperative agreement with EPA, the Institute for Responsible
 Management is working with States, counties, cities, and a number  of public and private
 entities and jurisdictions, to help them share the various innovative  methods being used
 to approach the economic redevelopment of blighted  Brownfields.
SOUTHEAST CHICAGO ENVIRONMENTAL INITIATIVE

       Southeast Chicago is a mosaic of predominately poor or working class, African-
American, Hispanic, and white neighborhoods.  It is an area of high structural
unemployment and multiple environmental problems, including a concentration of
disposal sites, countless urban Brownfields, and heavy industries.  Located within


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                                                                      Model Projects

 Southeast Chicago is Altgeld Gardens, a public housing community for thousands of low-
 income African-Americans.  Altgeld Gardens was built over 40 years ago on top of aa'
 abandoned landfill and is surrounded by eleven separate polluting facilities—landfills,
 incinerators, oil refineries, a paint factory, a steel mill, a sewage treatment plant, a
 chemical plant, a scrap metal yard, a lagoon, a sludge drying bed, and a freeway. This
 community has one of the highest concentrations of severe environmental problems and .
 concerns in the country.

       EPA Region 5 developed the Southeast Chicago Urban Environmental Initiative
 Action Plan, a framework to improve the environmental conditions of the community.
 This unique partnership hopes to bring together representatives of the government,
 industry, community, and environmental groups.  Agencies and actions targeted  include:

       4     The Agency for Toxic Substances .and Disease Registry (ATSDR)  is
              conducting health assessments of the Southeast Chicago community;

       f     The Department of Housing and Urban Development is developing
              residential lead-based paint removal projects and other environmental
              improvements; and,

       +     EPA, Chicago's Department of Environment, and the Illinois
              Environmental Protection Agency are working together to ensure tougher
              enforcement and compliance of existing environmental regulations.
 MISSISSIPPI DELTA PROJECT

       The Mississippi Delta area has a high concentration of transportation routes,
 heavy and petrochemical industries, waste sites, and other facilities.  Environmental
 justice organizations have complained that many of these facilities are sited close to
 minority communities and that these  communities are disproportionately exposed to
 environmental pollution.  An interagency steering  committee comprised of ATSDR, the
 Center of Disease Control (CDC), Occupational Safety and Health Administration
 (OSHA), EPA, and the State Health  and Environmental departments is working to
 address these issues;

       The goal of this interagency project is to reduce environmental hazards and to
 prevent them from adversely affecting minority and low-income populations residing in
 the highly industrialized areas along the Mississippi River.  This project covers 219
 counties in seven States (Arkansas, Illinois,,Kentucky, Louisiana, Mississippi, Missouri,
 and Tennessee), affecting more than  8.3 million people.  The project intends to: (1)
 identify the key environmental  hazards that may affect high risk communities; (2)

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                                                                     Model Projects

evaluate the public health impact on high exposure populations; (3) increase health care
delivery services in the region, including capacity of State and local health departments to
address public health associated to environmental exposures; and (4) engage Historically
Black Colleges and Universities  (HBCUs) and other academic institutions to help
increase environmental awareness in these communities.

       This project represents the largest, geographic-specific public health initiative ever
attempted to study the association between hazardous environmental exposure and
health effects in minority communities and low-income communities.
NEW MEXICO AND TEXAS COLONIAS BORDER PROJECTS

       Colonias are Hispanic rural neighborhoods and unincorporated subdivisions in or
near cities in Texas and New Mexico along the U.S.-Mexico border. Between Texas and
New Mexico there are about 1,200 colonias with an estimated population of 300,000
people.  Colonias are characterized by substandard housing, inadequate plumbing and
sewage disposal systems, and inadequate access to  clean water.  The common thread is
the potential and immediate health threat due to inadequate or lack of safe potable
water and sewage disposal.

       Under recent grants from New Mexico and  Texas, nine facility plans and four
construction, design plans are nearing completion for the thirteen new waste water
collection and treatment systems to serve colonias in New Mexico.  This grant program,
administered by the New Mexico Environment Department, is made possible through a
$10 million grant by EPA Region 6.

       The Texas Natural Resources Conservation  Commission has awarded fifteen
grants totaling $1.02 million to provide waste water collection and treatment systems in
Texas Colonias. These projects will affect 64,000 colonias residents. Additional facility
plans are being prepared for six colonias which have received grants, for
innovative/alternative methods of waste water collection and treatment. These six
projects are designed to identify low cost methods of waste water treatment for polonia
application.
TARGETED PENNSYLVANIA RISK AND ENFORCEMENT PROJECTS

       The City of Chester has among the highest concentration of industrial facilities in
Pennsylvania.  Chester hosts 'a number of waste processing plants and two oil refineries.
All solid waste from Delaware County is incinerated in Chester and at least 85% of raw

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                                                                        Model Projects

 sewage and associated sludge is treated there. A large infectious medical waste facility
 was also recently sited in Chester.  Many of the plants are located in close proximity to
 low-income, minority residential neighborhoods.  In fact, a clustering of waste treatment
 facilities have been permitted within 100 feet of over 200 Chester homes.

        Chester residents are concerned about the health effects of living and working
 amid toxic substances and complain of frequent illness. Of cities in  the State, Chester
 has the highest infant mortality rate, the lowest birth rate, and among the highest death
 rate, due to certain malignant tumors.

        In response to the Chester community concerns, EPA Region 3 has committed to
 a major initiative involving two studies addressing environmental regulatory and pollutant
 impact/risk exposure issues. The first was a 30-day study of EPA's legal authority for
 existing and proposed facilities in the Chester area. As a result of the 30-Day Study, the
 Region has targeted enforcement actions and just recently issued field citations to a
 number of underground storage tanks located in Chester and the nearby area of Marcus
 Hook.  Other targeted enforcement-related activities are proceeding in air toxics
 reduction and compliance,  innovative settlements for toxic emissions violators, and multi-
 media compliance reviews.

        In addition, an 180-day study, conducted by a team of lexicologists working with
 State and local officials is assessing all available environmental media and human
 exposure  pathways. Work  products will be displayed through a Regional Geographic
 Information System overlaying industrial facilities- data, NPL sites and small quantity
 waste generators, and air emissions data.
 BALTIMORE URBAN ENVIRONMENTAL INITIATIVE

        The Baltimore Urban Environmental Initiative (URI) is an interagency activity
 being conducted.by Region 3 in cooperation with the City of Baltimore and the Maryland
 Department of the Environment.  The URI is -designed to identify and rank areas of
 disproportionate risk in Baltimore City for purposes of implementing risk reduction,
 pollution prevention, public awareness, and other appropriate environmental activities to
 minimize risks. The Baltimore URI has both short- and long-term tracks.  The short-
 term efforts address issues of immediate concern as well as  initial data collection, data
 analyses, and project planning. The long-term  effects will be expanded in areas that
 warrant continued action.

        A project development and problem identification report for  the URI will describe
• the data gathering and risk identification and characterization efforts in support of the
 overall Initiative.  Data has been gathered from a number of existing environmental and

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                                                                    Model Projects

demographics-based databases in order to identify and evaluate human health and
ecological threats for purposes of targeting risk reduction/prevention activities.
Quantitative and qualitative risk assessment methods have been applied and displayed
through the use of a Geographic Information System.

       The short-term efforts, based upon preliminary risk analyses, applied the
knowledge and experience of an interagency team to jointly target areas of environmental
concern that could benefit from immediate action.  The six areas of concern identified
were:  1) lead; 2) hazardous materials incident; 3) fish consumption/toxics in the Harbor;
4) air toxics; 5) ground-level ozone; and 6) indoor air and radon.  Individual action teams
were formed to address each issue. These teams were responsible for developing action
agendas to address the overall goals of risk reduction, pollution prevention, and outreach
and education, for each risk
area.
LEAD ABATEMENT TRAINING AND EMPLOYMENT OPPORTUNITIES FOR THE
INNER CITY COMMUNITY

       EPA, the Commonwealth of Massachusetts, the city of Boston, and Roxbury
Community College, joined by local community groups, have undertaken a pilot project
to train unemployed workers in a minority community to remove harmful lead paint from
homes and bridges, and provide specialized training so that minority contractors can gain
access to State and city lead paint abatement contracts.. Eighty-five percent of Boston's
230,000 public housing'units contain lead-based paint and less than 2% have been abated
to date. The current workforce of 21 minority contracting firms is limited; this project
closes the gap between trained workers and contract workers.

       Boston's Office of Public Facilities received a $3.5 million grant from the U.S.
Department of Housing and Urban Development (HUD) to do lead abatement of
400,000 housing units. Massachusetts Housing Finance Agency will invest $2.5 million to
de-lead 2,000 housing units in Boston. In addition, this pilot project will  also build the
management  capacity of struggling minority firms to  support bonding^ insurance, and
equipment expenditures necessary to compete on. large lead abatement contracts.
COMMUNITY CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
OUTREACH AND TRAINING

       Kellpg, Idaho is one of the communities within the Bunker Hill Superfund site
boundaries.  Once a mining/smelting industry town, the area now faces a multi-million

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                                                                      Model Projects

 dollar cleanup effort. This primarily blue collar community must also confront a '25%
 unemployment rate.  Citizens were concerned that despite an increase in local
 employment opportunities, jobs are not being filled locally.  Contractors were encouraged
 by EPA to hire locally, but most local ^individuals had not completed the 40-hour Health
 and Safety Training required for employment at cleanup sites.

       The Region 10 Superfund Site Response Section is piloting a program which
 conducts Hazardous Waste Health and Safety Training for communities with nearby
 cleanup sites.  In 1993 and 1994, Region  10's training targeted communities with high
 unemployment rates, with the goal of aiding the local workers' eligibility for employment
 by cleanup contractors at nearby Superfund sites.  For example, 90 people in Kellog,
 Idaho, were trained and  certified, making them eligible for employment at the nearby
 Bunker Hill Superfund Site. The project's success was  in addressing the unemployment
 rate and in providing local  education and awareness training.

       Training was also  conducted for the Makah  tribe at Neah Bay, the Coeur d'Alene
 tribe, and for Galena, Alaska (an Alaska  Native Village). Operational level emergency
 response training was conducted in Fairbanks, Alaska for the Tanana Chiefs Council.
 Future training efforts will include Tok, Alaska and other communities that request
 training as a method for  becoming integrated into nearby clean-up efforts.
 WATER PROJECTS FOR RURAL COMMUNITIES

       EPA's Office of Water, in partnership with the Office of Environmental Justice, is
 sponsoring a series of 14 projects around the country to address the pressing water and
 wastewater needs of underserved rural minority communities. EPA is working with the
 Rural Community Assistance Program (RCAP), who is responsible for the actual
 implementation of the projects. The overall goal of the effort is to demonstrate effective
 approaches for providing essential water and wastewater services to selected African
 American, Native American, and Hispanic communities.

      • Each project will last approximately one year. During this period, RCAP field
 office have taken various steps to address the specific needs of these communities.  Some
 of the services provided by RCAP include training and education on properly operating
 and maintaining alternative wastewater and water treatment systems, identifying
 affordable treatment options for these communities, and helping communities access
 affordable sources of funding.    This initiative targets underserved, rural and Native
 American communities.
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                                                                    Model Projects

PARTNERS IN PROTECTION PILOT PROGRAM

       This environmental justice pilot was initiated by the EPA's Office of Enforcement
and Compliance Assurance and Region 6 to assist low-income and minority populations
in becoming involved in environmental  decisions concerning their communities. The pilot
will provide more opportunities for public participation in the Agency's activities along
the
Mississippi River between the cities of New Orleans and Baton Rouge, known as the
Louisiana Industrial Corridor.

       Specifically, the pilot involves three components: 1) an education program for
affected minority and low-income communities on citizens' rights, regulatory processes,
pollution prevention, and use of compliance data;  2) specific opportunities for
community involvement in permitting processes; and 3) an enforcement outreach
program aimed at empowering community residents with knowledge about the Agency's
enforcement program.

       Integrated activities include but are not limited to the State environmental agency,
the regulated community, grassroots communities and'their leaders, minority academic
institutions, and other State agencies.
LOUISIANA ENVIRONMENTAL JUSTICE PROGRAM

       Louisiana is one of the first States to set up a formal environmental justice
program to address its wide-ranging environmental issues. The Louisiana Department of
Environmental Quality (LDEQ) implemented an Environmental Justice Program under a
grant from EPA Region 6. Fact finding public hearings are being used to serve as a
forum for discussion and resolution of local environmental justice issues.  The
Department hired a full-time coordinator to establish Environmental Justice Advisory
panels comprised of community and industry representatives.

       In the first year of the program, the State hosted public meetings  and built the
foundation of an environmental justice program within the Louisiana Department of
Environmental Quality. A follow-up grant was given to LDEQ to continue the
environmental justice work with formation of community advisory boards in key pilot
parishes around the State.  Region 6 is also creating a Partners in Protection program to
further empower and educate citizens along the Louisiana Industrial Corridor.
OPEN AIRWAYS FOR SCHOOLS

EPA Draft Environmental Justice Strategy
January 1995                           34

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                                                                     Model Projects

       According to recent statistics from the American Lung Association (ALA), asthma
 deaths in urban minority children have increased 30% over a ten-year period. While the
 reasons for this increase are many, indoor air pollutants are among the leading factors.
 To address this problem, the Office of Air and Radiation in partnership with the
 American Lung Association and Zeta Phi Beta (a national minority sorority)  have
 launched a model school-based asthma health education program for children with
 asthma, their parents and teachers.

       The program, called Open Airways for Schools, focuses on developing asthma
 management skills for students, helping parents and teachers create more supportive
 environments for asthmatic children and developing activities to reduce indoor pollutants.
 This partnership between EPA, ALA , and a national minority sorority will impact
 millions of urban, poor households with asthmatic children.
 MASTER HOME ENVIRONMENTALIST PROGRAM

       Region 10, in conjunction with the City of Seattle and the YMCA, has established
 a Master Home Environmental Program which is designed to reduce exposures from
 toxic materials and pollutants in the home. The focus is on indoor pollutants including
 lead, contaminated soil, toxics, in-house dust, hazardous household chemicals and
 pollutants from smoke and tobacco products.  A group of Seattle Health Department
 nurses are working with low-income families in the Women, Infants, and Children (WIC)
 program to provide them with information on home toxics and lead. The program
 targets communities with higher populations of minority and low-income residents and
 relies on volunteers, many from the targeted communities. Volunteers who successfully
 complete the training present this information to community groups and organizations,
 and assist people in implementing a survey of pollution problems in their homes.
EPA Draft Environmental Justice Strategy
January 1995                            35

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                                                            Environmental Justice Contacts
             ENVIRONMENTAL JUSTICE CONTACT LISTING
USEPA - HEADQUARTERS CONTACTS:

OFFICE OF ENVIRONMENTAL JUSTICE
Dr. Clarice E. Gaylord
401 M Street, SW
Room 2710 - MS 3103
Washington, DC 20460
800/962-6215, 202/260-6357

OFFICE OF AIR
Will Wilson; 202/260^5574

OFFICE OF PREVENTION, PESTICIDES
& TOXIC SUBSTANCES
Shantrel Brown; 202/260-6906

OFFICE OF REGIONAL OPERATIONS &
STATE/LOCAL RELATIONS
Janice Berry-Chen; 202/260-3870

OFFICE OF COMMUNICATION,
EDUCATION AND PUBLIC AFFAIRS
Doretta Reaves; 202/260-3534

OFFICE OF WATER
Ginny Kibler; 202/260-3722

OFFICE OF RESEARCH AND
DEVELOPMENT
Lawrence Martin;  202/260-7667

OFFICE OF GENERAL COUNCIL
Mary O'Lone;  202/260-5313

OFFICE OF POLICY, PLANNING AND
EVALUATION
Darlene Cockfield; 202/260-4907

OFFICE OF ENFORCEMENT
Sherry Milan; 202/260-9807

OFFICE OF CIVIL RIGHTS
Rodney Cash; 202/260-4582

OFFICE OF SOLID WASTE AND
EMERGENCY RESPONSE
Greg Mertz; 202/260-5714
 USEPA - REGION CONTACTS:

 USEPA, REGION 1
 James Younger; 617/565-3427
 John F. Kennedy Federal Bldg.
 One Congress Street
 Boston. MA 02203

 USEPA, REGION 2
 Connie Simon; 212/264-2301
 Jacob K. Javits Federal Building
 26 Federal  Plaza
 New York,  NY 10278
 USEPA, REGION 3
 Dominique Luckenhoff;
 841 Chestnut Building
 Philadelphia, PA 19107
215/597-6529
 USEPA, REGION 4
 Vivian Malone-Jones; 404/347-4294
 345 Courtland Street, NE
 Atlanta, GA  30365

 USEPA, REGION 5
 Gina Rosario; 312/353-4716
 Waste  Management Division (HM7J)
 77 West Jackson Blvd.
 Chicago, IL 60604-3507

 USEPA, REGION 6
 Lynda  Carroll; 214/655-6500
 First Interstate Bank, at Front PI.
 1445 Ross Ave.,  12th Floor, Suite 1200
 Dallas, TX 75202-2733

 USEPA, REGION 7
 Rupert Thomas;  913/551-7282
 726 Minnesota Avenue
 Kansas City, KS  66101

 USEPA, REGION  8
 Mel McCottry; 303/293-1645
 999 18th Street, Suite 500
 Denver, CO  80202-2405  '

 USEPA. REGION 9
.Lori Lewis; 415/744-1561
 75 Hawthorne Street
 San Francisco, CA  94105

 USEPA, REGION 10
 Joyce Crosson-Kelly
 Planning and Evaluation Branch
 1200 Sixth Avenue  •
 Seattle, WA  98101
 Phone: 206/553-4029
      EPA Draft Environmental Justice Strategy
      January 1995
   36

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                                                                       Revised 1/13/95
                        ENVIRONMENTAL JUSTICE
                PUBLIC PARTICIPATION CHECKLIST
 1. Ensure'that Agency's public participation policies are consistent with the requirements of the
 Freedom of Information Act, the Emergency Planning and Community Right to Know Act and
 the National Environmental Policy Act.

 2. Obtain Senior Management Support to ensure that the Agency's  policies and activities are
 modified to ensure early, effective and meaningful public participation, especially with regard to
 Environmental Justice stakeholders. Identify internal stakeholders and establish partnering
 relationships.                                                               •

 3. Use following Guiding Principles in setting up all public meetings :
        - Maintain honesty and integrity throughout the process.
        - Recognize community \ indigenous knowledge.
       - Encourage active community participation.
       - Utilize cross-cultural formats and exchanges.

 4. Identify external Environmental Justice stakeholders and provide opportunities to offer input
 into decisions that may impact their health, property values and lifestyles. Consider at a minimum
 individuals from the following organization as appropriate:

 Environmental  Organizations
 Business and Trade Organizations
 Civic/ Public Interest Groups
 Grassroots \ Community-based Organizations
 Congress
 Federal Agencies
 Homeowner and Resident Organizations
 International Organizations
 Labor Unions
 Local and State Government
 Media \ Press
 Indigenous People
Tribal Governments
Industry
White House
Religious Groups
Universities and Schools

 5. Identify key individuals who can represent various stakeholder interests. Learn as much as

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                                                                           Revised 1/13/95
possible about stakeholders and their concerns through personal consultation, phone, or written
contacts. Ensure that information gathering techniques include modifications for minority and low
-income communities, for example, consider language \ cultural barriers, technical background,
literacy, access to respondent, privacy issues and preferred types of communications.

6.  Solicit stakeholder involvement early in the policymaking process, beginning in the planning
and development stages and continuing through implementation and oversight.

7.  Develop co-sponsoring/co-planning relationships with community organizations, providing
resources for their needs.
                                                                                        /

8.  Establish a central point of contact within the Federal agency to assist in information
dissemination, resolve problems and to serve as a visible and accessible advocate of the
public's right to know about issues that affect health or environment.

9.  Regionalize materials.to insure cultural sensitivity and relevance. Make information readily
accessible (handicap access, Braille, etc.) and understandable. Unabridged documents should be-
placed in repositories. Executive summaries/fact sheets should be prepared in layman's  language.
Whenever practicable, and appropriate, translate targeted documents for limited English-speaking
populations.

10. Make information available in a timely manner. Environmental Justice stakeholders should
be viewed as full partners and Agency customers. They should be provided with information
at the same time it is submitted for formal review to state, tribal and/or Federal regulatory
agencies.

11. Ensure that personnel at all levels in the Agency clearly understand policies for transmitting
information to Environmental Justice stakeholders in a timely, accessible and understandable
fashion.
                                                                                       / ,

12. Establish site-specific community advisory boards where there is sufficient and sustained
interest.  To determine whether there is sufficient and sustained interest, at a minimum,
review correspondence files, review media coverage, conduct interviews with local
community members and advertise in local newspapers. Ensure that the community
representation includes all aspects and diversity of the population. Organize a member
selection panel. Solicit nominations from the community.  Consider providing administrative
and technical support to the community advisory board.

13. Schedule meetings and/or public hearings to make them accessible and user-friendly for
Environmental Justice stakeholders.  Consider time frames  that don't conflict with work
schedules, rush hours, dinner hours and other community commitments that may decrease
attendance.  Consider locations and facilities that are local,  convenient and which represent

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                                                                           Revised 1/13/95


 neutral turf.  Ensure that facility meets American with Disabilities Act Statements for equal
 access. Provide assistance for hearing impaired individuals. Whenever practical and
 appropriate provide translators for limited-English speaking communities.  Advertise the
 meeting and its proposed agenda in a timely manner in the print and electronic media.
 Provide a phone number and/or address for communities to find out about pending meetings,
 issues, enter concerns or to seek participation or alter meeting agenda.

 Create an atmosphere of equal participation (avoid a "panel of experts" or "head table"). A
 two day meeting is suggested with the first day reserved for community planning and education.
 Organize meetings to provide an open exchange of ideas and enough time to consider issues
 of community concern. Consider the use of a neutral facilitator who is sensitive and trained in
 environmental justice issues. Ensure that minutes of the meeting are publicly available.  Develop
 a mechanism to provide communities with feedback after meetings occur on actions being  '
 considered.

 14.  Consider other vehicles to increase participation of Environmental Justice stakeholders
 including:

 Posters and Exhibits
 Participation in Civic and Community Activities
 Public Database and Bulletin Boards
 Surveys
 Telephone Hotlines
 Training and Education Programs, Workshops and Materials
                                                                             /
 15. Be sure that trainers have a good understanding of the subject matter both technical and
 administrative. The trainers are the Ambassadors of this program.  If they don't understand
 - no one will.

 16. Diversity in the workplace: whenever practical be sure that those individuals that are the
 decision makers reflect the intent of the Executive Order and come from diverse backgrounds,
 especially those of a community the agency will have extensive interaction with.

 17  After holding a public forum in a community establish a procedure to follow up with concrete
actions to address the communities' concerns.  This will help to establish credibility for your
agency as having an active role in the federal government.

 18.  Promote interagency coordination to ensure that the most far reaching aspects of
environmental justice are sufficiently addressed in a timely manner. Environmental problems do
not occur along departmental lines.  Therefore, solutions require many agencies and other
stakeholders to work together efficiently and effectively.

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                                                                           Revised 1/13/95


 19.  Educate stakeholders about all aspects of environmental justice (functions, roles, jurisdiction,
 structure and enforcement).

 20.  Ensure that research projects identify environmental justice issues and needs in communities,
 and how to meet those needs through the responsible agencies.

 21.  Establish interagency working groups (at all levels) to address and coordinate issues of
 environmental justice.

 22.  Provide information to communities about the government's role as it pertains to short term
 and long term economic and environmental needs and health effects.

 23.  Train staff to support inter and intra agency coordination, and make them aware of the
 resources needed for such coordination.

 24.  Provide agency staff who are trained in cultural, linguistic and community outreach
 techniques.

 25.  Hold workshops, seminars and other meetings to develop partnerships between agencies,
 workers and community groups.  (Ensure mechanisms are in place to ensure that partnerships can
 be implemented via cooperative agreements, etc.)

 26.  Provide effective outreach, education and communications. Findings should be shared with
 community members with an emphasis on being sensitive and respectful to race, ethnicity, gender,
 language, and culture.

 27.  Design and implement education efforts tailored to specific communities and problems.
 Increase the involvement of ethnic caucuses, religious groups, the press, and legislative staff in
 resolution of Environmental Justice issues.

 28.  Assure active participation of affected communities in the decisionmaking process for
 outreach, education, training and communities programs — including representation on advisory
 councils and review committees.

29.  Encourage federal and state governments to "reinvent government" ~ overhaul the
bureaucratic in favor of community responsive.

30.  Link environmental issues to local economic issues to  increase level of interest.

31.  Use local businesses for environmental cleanup or other related activities.

32.  Utilize, as appropriate, historically Black Colleges and Universities (HBCU) and Minority

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                                                                        Revised 1/13/95
Institutes (MI), Hispanic Serving Colleges and Universities (HSCU) and Indian Centers to
network and form community links that they can provide.

33. Utilize, as appropriate, local expertise for technical and science reviews.

34. Previous to conducting the first agency meeting, form an agenda with the assistance of
community and agency representatives.

35. Provide "open microphone" format during meetings to allow community members to ask
questions and identify issues from the community.

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WASTE AND SITE FACILITY SUBCOMMITTEE SUMMARY
                    -VII-

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                   MEETING SUMMARY OF THE

            WASTE AND FACILITY SITING SUBCOMMITTEE

                             of the

       NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL

                      JANUARY 17 - 19,1995
                      ATLANTA, GEORGIA
MEETING SUMMARY ACCEPTED BY
                                  CBftiMfLit

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              NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                    WASTE AND FACILITY SITING SUBCOMMITTEE
                                  JANUARY 17-19, 1995

^	EXECUTIVE SUMMARY	

I.      Introduction

       On January 17-19, 1995, the Waste and Facility Siting Subcommittee met in Atlanta,
Georgia. The attending members were:  Charles Lee (Subcommittee Chair, United Church of
Christ Commission on Racial Justice), Jan Young (DFO, EPA), Mildred McClain (Citizens for
Environmental Justice), Lenny Siegel (Pacific Studies Center), Jon Sesso (Silverbow Mt. Planning
Committee), Tom Kennedy (ASTSWMO), Sue Briggum'(WMX), Patricia Williams (National
Wildlife Federation),  Pamela Chiang (proxy for Michael Guerero, Southwest Network for
Environmental and Economic Justice), Michael Pierle (Monsanto), Connie Tucker (Southern
Organization Committee), Donald Elisburg (Laborer's International Union of North America),
Nathalie Walker (Sierra Club Defense Fund), and Tim Fields (EPA). Members of the public
were also in attendance.  The following items were discussed during the meeting:

       •      EPA's Draft Environmental Justice Strategic Plan

       •      Old business - 10 point implementation framework  finalize and forward it as a
              final recommendation

       •      OSWER Environmental Justice Draft Strategy

       •      Comments on the subcommittees draft mission statements on health needs of
              impacted communities, economic redevelopment, and siting issues

       •      OSWER's Brownfields Action Agenda

II.     Summary of Comments:

       Following is a brief summary of the subcommittee's comments and suggestions, which are
organized under the relevant topic of discussion:

       EPA's Draft Environmental Justice Strategy

       The Subcommittee emphasized the need on the following issues:

       General Comments to Ensure Effectiveness of Goals

       •     Build an implementation process that includes timelines, a public participation
             process, accountability by responsible managers, and an evaluation process  to
             determine effectiveness at the community level.
Waste and Facility Siting Subcommittee          '                                     Page ES-1

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       •      Continue development of the strategy with the work group's providing additional
              comments and EPA providing a response to community.

       •      Include OSWER strategies as a model in the EPA's environmental justice strategy.

       •      Place more emphasis on pollution prevention in the environmental justice strategy.

       Public Participation, Communication, and Partnership

       •      Define and emphasize community empowerment, equal partnerships, and ongoing
              public participation.

       •      Provide technical assistance to community working groups.

       Public Health

       •      Emphasize public health needs in impacted communities in addition to research
              goals.

       •      Differentiate health concerns resulting from environmental pollution from general
              health concerns.
                                                                             i
     . Integrating Environmental Justice

       •      Use cultural diversity to integrate environmental justice into all aspects of
              governmental activities.

       •      Ensure that representatives from all groups are included in the subcommittee to
              better address cultural diversity issues.

       •      Consider people's attitude and culture in developing the environmental justice
              strategy.

       •      Ensure cooperation and coordination of environmental justice strategies within the
              different branches of EPA

       •      Strengthen EPA infrastructure on environmental justice issues through
              environmental training programs.

       Native American Issues

       •      Recognize and strengthen tribal sovereignty and "government-to-government"
              interactions through environmental justice activities.

       •      Include issues  related to Native  Hawaiian and other indigenous groups in the
              environmental justice strategy.


Waste and Facility Siting Subcommittee                                        •        Page ES-2

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       Defining "Sound Science" and "Environmental Risk"

       •      Sound science should include the concept of enhancing the overall benefits of
              environmental protection to sustainable communities. Sound science should also
              include empirical observations and the experiences of the affected community
              residents (e.g., health concerns, needs and other issues).

       •      Environmental risk should address the overall environmental risk to communities;
              OSWER should establish the criteria to assess cumulative and synergistic risk.

III.    Actions Taken and Action Items:

       •      Charles Lee and Connie Tucker agreed to discuss further how communities can
              provide input to EPA.  They agreed that a community specialist should also be
              included in their discussion.

       •      Tim Fields stated that the  OSWER Draft Environmental Justice Strategy will be
              finalized by March/April. Subcommittee members should direct future comments
              to Jan Young.

       •      Tim Fields agreed that he will conduct a special solicitation of Naive American
              issues and get a timeline for doing so.  Meanwhile, the Native American chapter in
              the OSWER strategy document will  remain  an "open chapter."
                                                     '                             \
       •      The Subcommittee endorsed the 10-point plan and provided comments and
              revisions to the three mission statements.
Waste and 'Facility Siting Subcommittee .                     '                          Page ES-3

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              NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
                    WASTE AND FACILITY SITING SUBCOMMITTEE
                                  JANUARY 17-19, 1995

	MINUTES	'	_____

I.     Overview

       The Waste and Facility Subcommittee held its third meeting on January 17-18, 1995, in
Atlanta, Georgia.  Charles Lee chaired the meeting.  A list of participants is included in Section
XI of these minutes.

II.    Goals of the Subcommittee Meeting

       •      Discuss the EPA's Draft Environmental Justice Strategic Plan;

       •      Finalize and dispatch old business - 10 point implementation framework - forward
              it as a final recommendation;

       •      Discuss OSWER's Environmental Justice Draft Strategy;

       •      Finalize work group mission statements on the health needs of impacted
              communities, economic redevelopment, and siting issues; and

       •      Discuss OSWER's Brownfields Action Agenda and provide recommendations to
              Administrator Browner.

m.    General Comments

       •      Charles Lee distributed the agenda (Attachment I). He stated that ad-hoc working
              groups have been established for the health needs, economic redevelopment, and
              siting issues and that the work group mission statements are being drafted.  He
              further stated that health needs  are the primary focus of the agenda.  He stressed
              the importance of the scheduled discussion on the Brownfields initiative,  and
              ensuring that the community is fully informed on  this issue. He stated that
              Administrator Browner will be making a major policy statement on the Brownfields
              initiative before the US Conference of Mayors on January 25th. The
              subcommittee has been requested to provide input to  Administrator Browner on
              this initiative before that time. He also informed the group that Tim Fields would
              be  giving a presentation on the Brownfields issue later in the evening.

       •      Charles Lee and Connie Tucker agreed to discuss further how communities can,
              provide input to EPA.  They agreed that a community specialist should also be
              included in their discussion.
Waste and Facility Siting Subcommittee

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       •      Charles Lee expressed his appreciation for the work done by some of the
              committee members in developing case studies on health issues and informed the
              group that those studies would be part of the discussion on health issues.

IV.    Comments on EPA's Draft Environmental Justice Strategic Plan

       General Comments

       •      Charles Lee outlined the three issues that needed to be addressed by the
              subcommittee:

              1.     Review and Focus of Strategy Document.  Certain sections of the
                    document need general comments.  Other sections, relevant to issues that
                    the waste subcommittee has addressed, need to be focused more.

              2.     Incorporation of Comments into the Strategy.  EPA's Draft Strategy must
                    be checked to ensure that it adequately reflects all of the comments and
                    recommendations made by the subcommittees and the NEJAC council
                    during previous discussions.

              3.     Analysis of Waste and Facility Siting Subcommittee Recommendations.
                    The recommendations made by the waste and facility siting subcommittee
                    in the Ten-Point Implementation Plan may be useful for EPA's agency-
                    wide environmental justice strategy.

       •      Tom Kennedy asked whether the document is a national strategy and asked how
              the document is going to be used once it is approved.

       •      Patricia Williams wanted to know the overall framework for implementation of this
              strategy and its relation to other environmental justice strategy documents
              developed by other agencies.

       •      Mildred McClain asked whether the strategy document addressed the timeline in
              terms of the impacts or changes the community can expect because of the
              proposed  actions. She also stated that the definition of environmental justice is
              not clearly stated in the document.

       •      Michael Pierle stated that EPA's  draft strategy is different from the OSWER
              strategy that the committee members looked at before, and commented  that this
              document needs to be looked at from EPA's perspective.

       •      Charles Lee agreed with Michael Pierle's statement.  Lee further stated that in
              terms of the Executive Order, the development of the implementation plan is
              supposed  to be completed by February 11, 1996.  The draft strategy will be
              continuously developed until that time.
Waste and Facility Siting Subcommittee

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              Charles Lee requested Tim Fields to answer some of the questions/issues that had
              been raised.

              Tim Fields explained that the document is meant to be a framework document and
              provides an overview of the EPA's focus on Environmental Justice and the basic
              principles under which the Agency operates.  He further mentioned that OSWER
              has worked closely with the Office of Environmental Justice to avoid
              inconsistencies in the OSWER strategy. The draft is intended as a guide to the
              umbrella of activities that the Agency will commit itself to in terms of
              enforcement, research, coordination, etc.  He added that the OSWER document
              addresses how OSWER can implement Environmental Justice within its Office.
              Each of the individual offices in EPA are developing their own draft strategies to
              help implement environmental justice in their own programs.  (See Attachment II
              for more information of OSWER's strategy.)

              Connie Tucker wanted to know when the other offices within EPA will have their
              draft strategies ready.

              Tim Fields replied that it will take several months. He further stated that the
              Office of Enforcement has its draft strategy document almost ready.  It is expected
              that all of the other offices will have their documents ready by Summer.

              Connie Tucker requested Tim Fields to provide a timeline for implementation of  .
              the OSWER Environmental Justice Strategy.

              Tim Fields replied that the OSWER Environmental Justice Strategy will be
              finalized by March/April. He further informed the group that all of the comments
              from the subcommittees have been addressed. If there are any more comments,
              Tim suggested that the comments be given to Jan Young.

              Sue Briggum asked if the OSWER document is covered under the regulatory
              moratorium.

              Time Fields replied that the OSWER document is not covered under the
              regulatory moratorium.  The document is intended as an action agenda and not as
              a policy document. However, he added that some elements in the strategy could
              be covered by the regulatory moratorium if a moratorium is enacted or
              implemented.

              Charles Lee suggested that the OSWER document be an ongoing, continuous
              document and that point should be stated in EPA's draft strategy.

              Mildred McClain requested a discussion on the impact of the recent political
              change and  how it will affect the final implementation plan  of the Agency's
              environmental justice strategy.
Waste and Facility Siting Subcommittee

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              Charles Lee agreed with Mildred McClain and stated that the group should keep
              the nature of Mildred's request in mind when considering how to frame its
              discussions and recommendations.

              Lenny Siegel asked if anyone had discovered any controversial issues in the draft
              Agency strategy.

              Sue Briggum responded that the goals in the draft Agency strategy do not include
              timelines. She further stated that there is no requirement for a public report or
              accountability in terms of measurable progress. She suggested that there needs to
              be some type of scheduling obligations written into the strategy.

              Charles Lee agreed with Sue Briggum and stated that this issue is similar to what
              Mildred McClain had stated, and called for further discussion.

              Mildred McClain raised two questions:

              1.     How is the strategy going to be implemented in the next  12 months?

              2.     In the vision statement, has the actual impact of this proposal at the
                     community level been addressed?

                     She added that a lot of time has been spent developing these documents   '
              and meanwhile the impact on the health of the communities has worsened.

              Connie Tucker agreed with Sue Briggum on the timelines and evaluation issues.
              In addition, she stated that health concerns have been reduced to research.  She
              explained that the draft strategy document does not address health concerns except
              for research needs and added that this issue was previously raised at the last
              NET AC meeting.

              Nathalie Walker provided  an example that supported Connie Tucker's statement.
              She stated that EPA provided 1.8 million dollars in funding for the Lower
              Mississippi River Interagency Cancer  Study to develop a proposal to study cancer.
              She stated that the resulting proposal is seriously flawed, and inconclusive by
              design.  In other words, the study is designed in such a fashion that no consludive
              connections between the incidence of cancer and pollution will be possible.
              Furthermore, the study focuses on research needs, not on community health needs
              and concerns.

              Donald Elisburg made two specific comments on  the draft strategy:

              1.     He mentioned that the constituency that he represents is not mentioned
                     anywhere in the report and stated that it was unacceptable. _ He specifically
                     suggested that on pages 15, 16, and 17, organized labor is a part of the
                     stated process and  needs to be included as a stakeholder.
Waste and Facility Siting Subcommittee

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               2.      He stated that the subcommittee has given an enormous amount of input
                      to OSWER previously on the OSWER draft strategy. He stated that the
                      Agency has now come up with a new draft strategy that totally ignores the
                      information provided previously.

               Connie Tucker wanted to see the revisions that were made from the comments
               provided to the OSWER draft strategy.  Tim Fields assured the group that all
               comments and responses will be made available to the Subcommittee and to the
               public.

               Patricia Williams suggested that the benefits to the community that go with "sound
               science" need to be documented in the draft strategy document.

               Mildred McClain stated that the term "sound science" is alarming because she did
               not know what it meant. She stated that there is  a difference between what the
               scientists refer to as sound science and what laypeople refer to as sound science.
               She requested a clearer definition on this term.

               Charles Lee requested that Mildred McClain. and  Patricia Williams make a formal
               recommendation for the terminology to be used on this issue. Mildred and
               Patricia agreed to this.

               Nathalie Walker suggested that the  grass roots organizations  should be given an
               opportunity to provide input/review in the-selection of environmental justice model
               projects. She mentioned that serious problems exist in Louisiana with the
               "Partners in Protection" program and the Louisiana Environmental Justice
               program. Far too many grass roots organizations have been shut out of these two
               programs.

               Charles Lee responded that the point made by Nathalie Walker has several
               interconnections and mentioned two specific points:

               1.      The timelines/deliverables/measure of progress issue stated by Sue Briggum
                      is not only quantitative but also qualitative as related  to what Nathalie
                      Walker said.

               2.      The ten point implementation framework that deals with projects also
                      serves as a template  for four issues: project conception,  planning,
                      implementation, and evaluation.

               Michael Pierle stated that in his understanding the draft strategy is an agency-wide
               document being prepared in conjunction with other efforts within the Agency.
               The target areas identified in the document (including health, environmental
               research, data collection, enforcement, partnerships, Native American issues, and
               integration of environmental justice) seem to fit the priority themes and strategic
               points that the EPA originally intended to pursue. The discussion of OSWER
Waste and Facility,Siting Subcommittee

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              clearly comes up in the integration of environmental justice at the regional level
              and at each of the offices within EPA. .Overall, EPA has made a good effort.

              Lenny Siegel provided his reaction on two issues:

              1.      The system works in such a way that' deliverable results are measured in
                     terms of production of documents, not in terms of what actually happened.
                     There is no system to measure if any of the actions had an effect.

              2.      Trie document is not a strategy but a list of action items. There are
                     powerful people and industries who are against environmental justice, and
                     the document does not provide any clue on how to tackle these barriers.

              Charles Lee asked Lenny Siegel to provide his opinion on the key issues relative
              to the strategy.  Lenny Siegel responded that there are many groups that are
              against environmental justice and that the community is affected in trying to clean
              up or protect the environment. The answer  is not developing tight rules and
              regulations, but empowering the affected community.  He added that it is a simple
              concept of power and stated that many of the elements in the draft document fit
              into this concept, but the notion of empowerment is critical to the concept.

              Pamela Chiang, stated that in order to understand the strategy there needs to be a
              clear evaluation of the reason for the suffering of communities.

              Sue Briggum suggested that in order to have an empowered community, the
              community should have comprehensive information in  order to understand th6
              problems. She added that  it is not possible for all communities to develop
              comprehensive information on their own and it is the function of the government
              to provide some service to develop this information.

              Charles Lee stated that it is necessary and appropriate for the government to play
              an important role.

              Lenny Siegel stated that less government bureaucracy is required when
              communities are empowered. He stated that lot of inefficiencies that companies
              and government agencies see in dealing with environmental regulators is due to
              the fact that the public is not at the table. At the absence of the affected
              communities at the table, the government relies on bureaucratic processes.
              Directly bringing the stakeholders to the table can make the program more
              efficient.

              Charles Lee proposed four points to be included in the environmental justice
              strategy:

              1.      Training on environmental justice issues for Agency personnel;
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              2.      Outreach, communication, public participation, and accountability need to
                      be the center of all environmental justice program implementation;

              3.      Develop an infrastructure for the environmental justice program; and

              4.      Develop a template for project conception, planning, evaluation, and
                      implementation.

              Tim Fields suggested that the subcommittee should recommend how the draft
              strategy relates to other program-specific implementation plans that are preparted
              by the Air, Water, and Toxics programs. He added that the subcommittee should
              recommend methods through which each program can develop an implementation
              plan by a specified date, address health concerns, and provide deadlines and
              deliverables.

              Pamela Chiang stated that this document should spell out all the issues that have
              been discussed by the subcommittee so 'that this document could be used as a
              guide by other programs.

              Charles Lee stated that OSWER has promised to respond to all of the comments
              made on the OSWER draft strategy document, and there will be a lot of trust if
              EPA could do the same thing. .People are not aware of the status of the
              comments that they made previously.  This makes it more confusing for people.

              Mildred McClain suggested that  the empowerment issue could be included  in the
              "Partnerships, Outreach and Communication" section of the strategy. If people are
              empowered, even if the political climate changes, the people at the community
              level would still have the skills and information to carry on the effort. There also
              has to be a clear definition of public participation that goes beyond stakeholders
              just sitting at the table.  They should be prepared with information and then sit at
              the table. Preparing the public should be reinforced in the public participation
              section.

              Michael Pierle stated that a lot of issues can be incorporated into what is already
              present in the draft strategy. For example, he referred to the integration of the
              environmental justice component of the document that speaks to  many of the
              issues that have been raised in terms of the direction that it gives  to each of the
              offices and regions.   It directs them to develop a  strategy with specific deadlines,
              specific measures, specific input from stakeholders,  requires training and
              development of Agency personnel and programs to execute it, and requires
              individual and management accountabilities. The public participation section lacks
              an action  item for the Agency to do that with industry. He suggested that the
              Agency work on specific processes  by which it can create a partnership with
              industry to advance its strategy.
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              Jon Sesso stated that the draft strategic document captures all of the principles
             -that the subcommittee has tried to get the Agency to recognize. However, he
              stated that the document does not recognize the current status of the problems.
              He further stated that the Agency should set distinct timelines for the actions
              mentioned in the document.  He hoped that the draft strategy document will be an
              enforceable document.

              Charles Lee categorized the issues into three groups for further discussion:

              1.      Issues that are important to the waste subcommittee including partnerships
                     and integration issues.

              2.      Issues that the group should endorse and recommend.

              3.      Issues that the group did not have enough time previously to discuss but
                     are very important for the environmental justice strategy.

              In addition, he proposed two issues for further discussion:

              1.      Cultural diversity; and

              2.      Native Americans.

              Mildred McClain mentioned that attitudes about environmental justice were
              conspicuously absent.  She stated that the spiritual intent of the document should
              be indicated in the document and the strategy should reflect a sensitivity to people.

              Michael Pierle suggested that the measuring program of the individual
              performance at the Agency should be based upon the individual managers or
              departments' progress on environmental justice or diversity.  He further stated that
              the Agency should build in a personal performance management accounting
              process and a rewards and recognition system that could substantially aid in driving
              the sensitivity and the results.

              Ely Dorsey (audience) stated that a standard for community environmental risk is
              not included in the draft strategy and should be included in the form of a
              community environmental report card which facilitates a standardized review
              process. He also stated that there will be stiff opposition, from industries that do
              not want to be closely regulated, for creating a community environmental report
              card.  He further stated that there should be a model to determine if the
              community is environmentally at risk. Also, he said  that there are not adequate
              safeguards to determine how communities interpret  the information reported to
              them by the government. He asked the subcommittee if this issue is a concern for
              them and recommended that the committee establish a clear definition of
              environmental risk and how to assess that risk.  Ely Dorsey mentioned that his
              community (Atlanta) is environmentally at risk.  He  stressed that there shpuld be a
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              standard for a safe community, so that a risk assessment could be made by
              comparing the community at risk to the standard safe community.

              Charles Lee appreciated the comments made by Ely Dorsey and agreed that the
              subcommittee would discuss them. Charles Lee requested Ely Dorsey to submit
              his ideas in writing to the committee.

              Sue Briggum suggested that the above mentioned issues could be incorporated as
              options for actions in the objectives of Health and Environmental Research.

              Lenny Siegel stated that community members should be given the information and
              tools to assess pollution sources.  Communities know the risk they face better than
              any one else.

              Charles Lee proposed three issues to be included in the draft strategy:

              1.      Cultural diversity;

              2.      Concept of-sustainable communities; and

              3.     Native Americans/indigenous community issues.

              Patricia Williams suggested that input should be taken from both tribal
              governments and tribal communities.

              Lenny Siegel suggested that government-to-government relationships be included
              in the objectives in the Native American issues section.  He further stated that the
              Native Hawaiians do not have recognized sovereignty, and they should have the
              same recognition that Native Americans and Native Alaskans have.

              Pamela Chiang requested that the restoration of culture and land-based access
              issues be brought to the table by the Native Americans.

              A member of the Native American community from the audience stated that
              Native Americans should be given more authority to self-govern within their
              regions, and also stated that Native Americans are working together with the
              Native Hawaiians on environmental justice issues.

              Patricia Williams stated that other indigenous groups from areas such as Guam,
              the Virgin Islands, and Puerto Rico should also be addressed in the strategy
              document.

              Michael Pierle responded that this issue is outside of EPA's authority. He asked
              whether other departments plan to address this issue.
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              Tom Kennedy replied that these are very individual issues specific to the tribes
              based on the jurisdiction of the relative land involved. He stated that this issue
              has not been addressed on a macro level.

              Lenny Siegel noted that many tribal communities see environmental programs as a
              means of establishing their sovereignty. He requested that the objective section
              should be improved to reflect this statement.

              Charles Lee suggested that the subcommittee make recommendations on the issue
              of indigenous sovereignty, and also illuminate this issue by providing examples and
              strengthening the language in the document to reflect this issue, and identify more
              examples of the type of groups being discussed.

              A member of the Native American community from the audience requested a
              place on the subcommittee for a Native American representative.

              Jan Young mentioned that much of the Native American section of the OSWER
              strategy was kept open for additional comments and OSWER is expecting a Native
              American representative to join the subcommittee soon.

              Michael Pierle provided his comments on the following issues:

              1.     Health Issues: EPA should address in the strategy, the need to define a
                    methodology for conducting health and risk assessment in communities.
                    The Agency also should work with ATSDR to develop these approaches.

              2.     Data Collection: EPA should include a framework for the nature of data
                    needed  and how the data will be used.

              3.     Enforcement and Compliance Assurance:  Industry's general opinion is that
                    the Agency places more emphasis on enforcement and not on compliance
                    assurance.  The Agency should emphasize compliance assurance.

              4.     In general, the Agency has considerable power from an economic
                    standpoint that can be positive and allow for faster permits, and quicker
                    approval of certain registration requirements. EPA should look at the
                    draft strategy and analyze how to use this power to benefit communities.

              Lenny Siegel stated that there needs to be an improvement in the definition of the
              categories that are used to profile communities of color, in particular, the
              aggregation of Asian ethnic groups.                     »

              Patricia Williams suggested that the term "sound  science" should incorporate both
              environmental risk and environmental benefits to the community.  She further
              stated that there needs to be a training component to help the public access all the
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              information available. She stated that the enforcement'actions should be dealt
              with quickly.

              Charles Lee made four points on the finalization of the EPA's Draft
              Environmental Justice Strategy:

              1.     Develop definite timelines, and ensure that all the issues discussed by the
                     subcommittee are reflected in the strategy document.

              2.     The partnership section and the integration of environmental justice
                     section should be rewritten to include issues like empowerment along with
                     other issues discussed by the subcommittee.
                                                  !
              3.     Propose  to the NEJAC that a work group be established to work on the
                     Agency strategy and ensure that the NEJAC recommendations are
                     satisfactorily reflected.

              4.     A response to comments  section should be added to the strategic plan
                     similar to the section in the OSWER strategy.

              Jon Sesso asked the group to seriously consider a formal recommendation to the
              full NEJAC council regarding the "enforceable rights" of communities. Concepts
              like empowerment and increased public participation if not well defined may not
              be well accomplished by Agencies.  There will be little progress unless the
              community has a right to say "No," or effectively change a decision on the table.

              Jon Sesso asked the subcommittee to consider making a formal request to NEJAC
              to demand an enforceable right.

              Charles Lee asked the committee whether there was full concurrence on Jon
              Sesso's request.  There was no concurrence on this issue,  so it was decided to
              consider the idea as an informal resolution at a subsequent meeting.
       Partnerships, Outreach, and Communication With Stakeholders

       •      Jon Sesso mentioned that the concepts of local and public control on
              environmental decisions are not addressed in the mission statement.

       •      Patricia Williams stated her belief that partnerships should be of equal value.

       •      Pamela  Chiang stated that the mission statement addresses who the partners are
              but fails to address what the partnership is about.

       •      Lenny Siegel suggested that the concept of public empowerment should be
              reflected in the section title.
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       •      Jon Sesso stated his belief that the concept of people's right to say "No" should be
              included in the strategy.
                                                                     i
       •      Lenny Siegel wanted to know the nature of the leadership demonstrated by trade
              associations mentioned in the draft strategy.
                                                                                   k
       •      Michael Pierle replied that many trade associations, including the Chemical
              Manufacturers Association (CMA), have made significant contributions to develop
              strategies for this issue.  He further stated that the private sector should be
              mobilized and encouraged to pursue this issue. He added that there is an
              opportunity to involve the industry as part of the solution and not as part of the
              problem.

       •      Nathalie Walker responded that what industry has done is often a reaction to the
              demands of environmental justice groups, and added that the efforts of the grass
              roots organizations have not been appropriately acknowledged.

       •      There was general agreement that the mission statement presented in this section
              and the section on the "importance of partnerships, outreach, and communication"
              needs to be revised to include the concept of empowering people.

       •      Charles Lee asked the subcommittee whether it was important to discuss the role
              of the government in relation to the partnership issue.

       •      Mildred McClain replied that it is important to discuss the role of the government
              and how they affect the community.  She stated that  the government should
              address the affected community on an equitable level. She stressed that the
              interests of the community may be different from what the government perceives
              to be right.

       •      Jon Sesso mentioned that there is no  accountability for the objectives and actions
              outlined in the draft strategy.  Evaluation, accountability and responsibility to
              retool the failing mechanisms should be included in the objectives section.

       •      Connie Tucker suggested that the community partners should be selected by the
              impacted community.

       •      Mildred McClain stated that a mechanism should be installed that will insure that
              all inputs provided by the community  are translated into actions.

       •      Connie Tucker stated her belief that the recommendations made by the community
              were altered in the subsequent drafts  and for this reason the community should be
              empowered to follow their inputs until the final stage.

       •      Patricia Williams expressed concern on using the word "early." She stated that the
              word is very subjective and needs to be more clearly defined.


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        •      Connie Tucker stated that the issue of pollution prevention is (not adequately
              -emphasized in the draft strategy.  She stated that the concept of pollution
              prevention is important to ensure environmental justice.

        •      Connie Tucker suggested that the waste subcommittee make recommendations to
              the appropriate subcommittees on the issues discussed and request them to make
              formal changes in the draft strategy.

        •      Charles Lee replied that all the issues will be discussed  in the full council meeting
              when all the subcommittees are present.

        •      Mildred McClain requested the following changes in the objectives section:

              1.     The "Technical Assistance"(page 16) section should include the word
                     "improve" to read "EPA will examine and improve its current technical
                     assistance programs for..."

              2.     The "Training" (page 17) section should include local communities along
                     with Federal, Tribal, State, and Local Governments. In addition, the point
                     mentioned  under the "option for action" section should include EPA as one
                     of the agencies to receive technical assistance and training.

        •     • Connie Tucker requested that community working groups be established to
              provide technical assistance to communities in addition to what Federal agencies
              provide.

        Integrating Environmental Justice

        •      Jon Sesso suggested that the word "measurable" be included in the mission
              statement to read "EPA will make environmental justice a measurable part of all
              its programs, policies, and activities."

        •    .  Mildred McClain suggested that the word "culture" should also be included in the
              mission statement.

        •      Pamela Chiang stated her belief that there is a lack of understanding at EPA
              about environmental injustice and so they need to be provided training to
              understand environmental injustice.

        •      Lenny Siegel believes that the problems in integrating environmental justice are
              not well defined.

              Jon Sesso inquired if there are any similarities between  the EPA environmental
              justice strategy document and other Federal agencies' environmental justice
              strategies. He further requested discussion on  how to integrate  the EPA strategies
              with other Federal agencies strategies.
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        •      Nathalie Walker suggested that pollution prevention be included in the NEPA
              review process. She stressed that pollution prevention should be emphasized more
              in the integration of environmental policies in all the EPA programs.

        •      Charles Lee stated that the interagency cooperation issue should be emphasized
              more.  He also stated that the multimedia approach is essential for the successful
              integration of environmental justice into all programs.

        •      Michael Pierle believes that integrating environmental justice throughout the
              program is more efficient than  managing it as a separate issue.

        •      Charles Lee asked how the  subcommittee  members related cultural diversity to
              environmental justice.

        •      Pamela Chiang stated that cultural diversity within the Agency is essential to
              communicating with different communities and understanding  the problems faced
              by the communities.

        •      Mildred McClain agreed with Pamela and  added that cultural diversity extends
              beyond the EPA members.  Cultural diversity should also be reflected at the
              decision-making level.

 V.      Formal Endorsement of the "Ten-Point Implementation Plan"

        «      Charles Lee requested a formal motion to endorse the "Ten-Point  Implementation
              Plan."  Lenny Siegel made the formal motion and Patricia Williams seconded it.
              The "Ten-Point Implementation Plan" was formally endorsed by the waste and
              facility siting subcommittee (see Attachment in). Tom Kennedy abstained from
              voting.

 VI.     OSWER Environmental Justice Draft  Strategy Document

        •      Tim Fields briefed the subcommittee on OSWER's  Environmental Justice Draft
              Strategy:

                     EPA has reviewed all comments from the public and the subcommittee and
                     has agreed to add a chapter on implementation to the draft strategy.

                     The Executive Summary and the main document will be combined to
                     produce a single OSWER Environmental Justice Strategy document.

                     Issues of particular concern to the  subcommittee, including health needs,
                     economic redevelopment, and facility siting, are addressed in a more
                     explicit way, including reference to the "Ten-Point Implementation Plan."
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                     Cross-cutting issues, including work force diversity, national implementation
                     conferences, Title VI issues, and cumulative risk, are identified and
                     highlighted for cooperation with other offices within EPA for
                     implementation.

                     The revised environmental justice strategy document, along with the
                     comments and response document, will be sent to all the subcommittee
                     members in the next month.

                     The Native American and Indigenous People issues have been left as an
                     open chapter because OSWER does not b.ave enough comments on this
                     issue.

        •      Tim Fields agreed that he would set a timeline for conducting a special soliciation
              of Native American/tribal comments and for including the Native American
              chapter in the OSWER strategy document.

        •      Tim Fields mentioned that new chapters (if required) can be added to the strategy
              document in the future.

        •  .    Charles Le.e requested formal endorsement of the fmalization of the  OSWER
              environmental strategy document with the understanding that the Native American
              Chapter will be addressed within the timeline specified.

        •      The motion was brought by Lenny Siegel and seconded by Sue  Briggum and
              passed unanimously.

VII.    Comments on the Draft Mission Statements

        Health Needs of Impacted Communities

        •      Michael Pierle questioned the role of the mission statement (Attachment W) in
              addressing the debate on the definition of health issues  and causation.

        •      Charles Lee replied that the draft mission statement focusses only on the affected
              communities and the  people living in those communities.  The rest of the issues
              will be addressed by the health subcommittee.

        •      Michael Pierle asked  how the mission statement is distinguishable from the
              broader issue of health care.

       •      Connie Tucker believes that there is a clear disproportionate impact  on
              communities of color, followed by. communities with low income. She suggested
              that the words "low income communities" should be included in the third sentence
              of the draft mission statement.
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       •      Pamela Chiang suggested that the word "risk" in the third sentence should be
              changed to "exposure."

       •      Michael Pierle asked whether the mission statement addresses health risk caused
              by factors other than environmental hazards.

       •      Lenny Siegel replied that the mission statement addresses only the risk associated
              with environmental hazards.

       •      Warren Banks (audience) stated that there needs to be a cooperative effort
              between federal agencies and the affected communities to address all different
              types of exposure, and said that there is no clear cut.methodology to address this
              issue.

       •      Connie Tucker recommended that the first point in the third paragraph include
              health effects along with health needs.

       •      Michael Pierle asked if his concern regarding the difference between risk
              associated with environmental hazards and the risk associated with factors not
              related to environmental hazards is captured in the mission statement.

       •      Charles Lee replied that the mission statement does capture that issue.

       •      Lenny Siegel made a formal motion to recommend the health needs of impacted
              communities draft mission statement to the NEJAC council and Pamela Chiang
              seconded the motion. The motion was passed unanimously.

       Economic Development and Sustainable Communities

       •      Donald Elisburg made a formal motion to recommend the economic development
              and sustainable communities draft mission statement (Attachment V) to the
              NEJAC council and Lenny Siegel seconded the motion.

       •      Jon Sesso suggested that the concept of community economic empowerment
              should be incorporated into the last sentence of the first  paragraph. The
              subcommittee members agreed and the last sentence of the first paragraph was
              changed to read as follows:

              "Communities in areas of need must be revitalized, building upon their diversity
              and forming partnerships to increase economic opportunity, promote sustainable
              development, and  encourage community economic empowerment."

       •      The motion was passed unanimously.

       Facility Siting
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        •       Charles Lee desired that the subcommittee draft an open letter in response to the
             - press report on the siting issue (the press report is provided in Attachment VI).
               Charles Lee further stated that the open letter drafted by the subcommittee
              . (Attachment VII) should be read for the NEJAC record during the public
               comment period.

        •       Discussion on the facility siting draft statement (Attachment VIII) was rescheduled
               for a later date.  (See Attachment IX for more information on siting.)

VHI.   OSWER's Brownfields Action Agenda

        Overview

        •       Tim Fields asked the subcommittee to provide input on OSWER's proposed
               Brownfields Action Agenda. He explained that many of the initiatives outlined in
               the agenda will also be included in EPA's Superfund Administrative Reform
               Agenda. He presented the five broad initiatives of OSWER's proposed
               brownfields strategy:

               1.     Revise EPA guidance and policies to help facilitate the redevelopment of
                     contaminated property that could be used for useful purposes; clarify the
                     roles of State and federal governments to help speed up the clean-up
                     process; clarify the liability of the owners of the property situated above
                     contaminated aquifers, and also modify other liability policies (e.g.,  through
                     revision of the prospective purchaser agreement guidance).

               2.     Provide financial assistance through grant money to  local communities and
                     colleges and local governments to encourage and facilitate the brownfields
                     program; work closely with the industries identified under the Common
                     Sense Initiative to assist in redevelopment of contaminated industrial sites;
                     and expand brownfields redevelopment strategies to include other cities
                     around the nation.

              3.     Provide job training for community members living close to the
                     contaminated sites on cleanup and  health issues; and expand hiring
                     initiatives among local employers.

              4.     Develop  better guidance on cleanup activities; issue' guidance on future
                     land use, presumptive remedies for five more categories of sites (e.g., coal
                     gasification), and soil screening levels for the 100 most common chemicals
                    , found at  remediation sites; remove up to 27,000 brownfields  from EPA's
                     Superfund inventory (i.e., to remove the stigma from these sites,
                     encouraging investment);  and improve outreach and partnerships.

              5.     Work with  a broad range of stakeholders over the coming year to discuss
                     how the brownfields strategy can be improved to address their specific
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                     concerns (e.g., Federal agencies, US Conference of Mayors, States,
                     NEJAC, and the financial community).

       •      Tim Fields explained that there is currently a study underway to estimate the
              number of brownfields in the country and that the current estimates vary from
              100,000 to 400,000 sites. He noted that almost all of the 27,000 sites that are
              planned to be removed from the Superfund inventory will probably qualify as
              brownfields sites and while not under consideration for listing on the NPL, would
              be subject to other CERCLA requirements with State  and local oversight. (See
              Attachments X - XIII for more information on EPA's brownfields efforts.)

       Subcommittee Comments

       Funding

       •      Tim Fields explained that, under the proposed strategy, the responsible parties
              would pay for remediation and also in some instances the States and cities would
              pay.  Cities with empowerment zone funds would use it for cleanup.

       •      Michael Pierle said that certain industries have voluntarily cleaned  up
              contaminated sites for other useful purposes.  He stated that cleanup makes  the
              site more economically attractive.

       •      Donald Elisburg suggested that OSWER needs to consider further how the
              brownfields strategy  would be funded.  EPA should not develop a burdensome
              program and then require State or local governments to pay for it.   He also
              suggested that OSWER could develop examples of the different types of
              brownfields in need of investment, particularly smaller sites (e.g., abandoned  gas
              stations or small factories) that could be remediated by smaller, private investors.

       •      Lenny Siegel suggested that the strategy should provide an opportunity for sites to
              make money from the remediation effort; perhaps this  could be explored through
              the pilot programs. For example, businesses could be encouraged to invest in
              brownfields remediation and return it to a profitable use, or a redevelopment
              organisation could pay for cleanup and  then receive a tax credit or other incentive.
              The strategy should not draw resources away from the Superfund program.

       Economic Redevelopment

       •      Tim Fields explained that EPA knows of many instances where remediated
              properties have been turned over to beneficial uses, such as hospitals,  metro stops,
              and parks. He emphasized that beneficial use must be a component of any
              brownfields redevelopment strategy. In addition, EPA is in the process of
              gathering information on Superfund and brownfields sites including location,
              beneficial uses, job creation and other issues.  EPA can provide this information
              when it becomes available.
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              Charles Lee stated his belief that OSWER needs to better define the overall goals
              - and scope of the brownfields strategy. For example, does brownfields remediation
              include housing rehabilitation, and how will the strategy address and distinguish
              between job creation and career development? EPA needs to make  these
              decisions with community residents' input in order to  get their upfront support and
              involvement.

              Lenny Siegel stated his belief that there are two primary factors determining
              whether a remediation strategy will lead to economic  revitalization: the type and
              degree of contamination at the site and the economic conditions of the area. The
              brownfields strategy should include a mechanism to ensure that such revitalization
              does occur, such as eminent domain provisions that would encourage local
              governments to take ownership  of the land in order to ensure a beneficial reuse.
              The remediation should provide steady employment and not just short-term
              employment.

              Donald Elisburg stated that EPA needs to consider the types  and quality of jobs to
              be created  under the brownfields strategy. EPA also  needs to involve private
              environmental and construction organizations and unions in the planning and
              implementation of job training initiatives,  as these organizations play a major role
              in such activities.
       Liability Issues
              Charles Lee stated that many community members feel trepidation over the
              brownfields strategy's liability provisions in relation to future land use, clean-up
              standards, and other community impacts.  He advised EPA to be cautious about
              redefining the liability of future land owners under the strategy.  OSWER srjould
              not assume that a wholesale relaxation of liability will necessarily lead to increased
              investment.  Rather, EPA should approach the issue of liability in a more
              systematic fashion, such as a phased approach.  This would enable the Agency to
              identify and correct any deficiencies as the policy is developed.

              Charles Lee stated that existing laws provide a threat of liability, which can be an
              effective safeguard against undue contamination.  Once this liability is removed,
              the issue of compliance becomes increasingly important, as there would be fewer
              structural disincentives to contaminate.  If such disincentives were not replaced,
              community members would not be satisfied. He recommended that, among other
              things, OSWER should include guidance to move industry toward desired
              outcomes, such as pollution prevention and economic revitalization.  Any such
              guidance must have input and approval by communities.

              Sam Coleman clarified that the brownfields strategy would not completely release
              new land owners from liability. In the past, municipalities have been apprehensive
              about taking ownership of contaminated  properties, since they would become
              liable for cleanup; at the same time, the land owners often do not have the
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              resources or interest to clean up their property. Because 'of this, the property
              often is left unremediated.  In addition, many financial institutions will not lend
              money for redevelopment or purchase of brownfields because they are afraid that
              the clean-up costs could exceed the value of the property.  OSWER's strategy
              specifies that lending institutions will not have liability  unless they act as the
              owner/operator of the property. At present, OSWER's pilot programs require an
              agreement  to be established specifying the type of restoration to occur; restoration
              must take place consistent with the agreement. The new owner is then liable for
              contamination that occurs in the future,  but not in the past. Tim Fields added that
              OSWER is constrained within existing laws from addressing all liability issues
              raised by commenters.

              Lenny  Siegel wondered whether a new land owner would be liable for
              contamination at the site if such contamination had been present prior to the sale,
              but was not discovered until afterwards.  If the liability provisions  in Superfund
              were deleted, would the new land owner be liable for cleanup?  Tim Fields
              responded that, if it were an emergency situation, EPA wpuld respond through the
              use of  its emergency authorities and trust fund. Suzanne Wells added that, if the
              contamination were serious enough, OSWER has the authority to take appropriate
              remedial action.  She clarified that the 27,000 brownfields removed from the
              Superfund inventory have had preliminary  assessments  or site inspections, and
              EPA has concluded that the threats from these sites are not serious.  Thus, the
              occurrence of Lenny's scenario would be rare.

              A public commenter advanced the following scenario:  Suppose a developer
              proposed to acquire a brownfield for redevelopment, but refused to  assume any
              responsibility for remediation. How would EPA respond to this?  Tim Fields
              responded that, under OSWER's policies, the developer must agree to participate
              in the clean-up process as a pre-condition for buying the land; the developer would
              not, however, be held liable for past contamination.  Sam Coleman added that
              OSWER carefully considers each applicant's  capacity to participate in the clean-up
              effort.  Such involvement ensures that the  new land owner  endorses the
              remediation process and outcomes and recognizes his or her liability concerning
              any future contamination.
       Risk Assessments
              Tim Fields explained that, under the brownfield strategy, EPA would conduct risk
              assessments at brownfields in order to identify candidate sites for redevelopment
              (e.g., certain highly-contaminated sites may not be good candidates for
              redevelopment because .of the higher remediation costs and clean-up risks).  EPA
              would also evaluate the degree to which the candidate sites' reuse options conform
              with their city's overall redevelopment plans.  Such activities will assist in
              determining where EPA's redevelopment efforts should be focused. City residents
              would be involved in the risk assessment process.
Waste and Facility Siting Subcommittee                 '             .                       20

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        •      A public commenter expressed concern that an industrial site could potentially
              propose lesser clean-up levels based on the argument that higher levels could not
              be practicably achieved with available technology. However, such a proposal does
              not necessarily address the health risks to communities (e.g., would the proposed
              technology satisfactorily address the health concerns of communities?). Tim Fields
              emphasized that EPA has and will continue to make risk and other clean-up
              decisions with the involvement and support of community residents and local
              planning officials.

        •      A public commenter expressed concern over OSWER's proposed use of risk
              assessments in identifying brownfields suitable for redevelopment.  Risk assessment
              techniques have not been fully developed to assess the range of brownfield
              contaminants (e.g., dioxins).  Tim Fields disagreed.

        •      A public commenter expressed concern that EPA's strategy  does not prevent
              industry from contaminating communities.  Rather, it provides that EPA will
              identify brownfields with an  "acceptable" risk in order to undertake remedial
              actions, with no  guarantee that any positive outcomes will actually occur.  EPA
              should be more proactive in preventing contamination upfront (i.e., during the
              operation of the brownfield  facility).  Tim Fields clarified that OSWER's
              brownfield. strategy represents a major first effort to address such issues; in the
              absence of the strategy, many ,of these issues would go unaddressed.

        Role of EPA

              Tom Kennedy cautioned that Administrator Browner should think about the
              potential ramifications  to EPA if the brownfields strategy succeeds and grows
              rapidly (e.g., will EPA assume a larger role in economic redevelopment as well as
              environmental regulation; how will EPA oversee those states remediating sites
              whose clean-up levels fall below Federal thresholds; will EPA's new responsibilities
              draw resources away from more pressing demands?):

        •      Donald Elisburg advised EPA to ensure that the broad objectives given in Agency
              press releases do not mask the realities of what EPA can actually accomplish given
              resource and other constraints. EPA also needs to reconsider whether it can
              adequately manage all of its  new responsibilities under the strategy (e.g., regulation
              and economic revitalization).

        Community Involvement

        •      Charles Lee stated his belief that  up-front community involvement in brownfield
              redevelopment strategies would assist in building an infrastructure that will be
              accountable to and sustained by communities. EPA should seek input from,
              among others, local residents, educational institutions, churches and economic
              redevelopment organizations.  There need to be processes and standards  to ensure
              that community involvement is increased and sustained.  He suggested that
Waste' and Facility Siting Subcommittee                           t                          21

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              OSWER incorporate into its pilot programs locally-based planning processes and
              other methods to involve communities further. He stated that, to date, OSWER's
              pilot strategies in Cleveland have not involved residents effectively. Many local
              residents are unaware of the strategies. He also suggested that OSWER could use
              one of its existing pilot programs to explore the relationship between OSWER's
              brownfield strategies and federal facility cleanups.
       Equity
              Lenny Siegel expressed concern that the brownfield strategy may result in a two-
              tiered effort, in which lesser cleanup will occur in poorer areas, while more
              affluent areas will be cleaned up to a greater extent.  Poorer communities may be
              more desperate for jobs and accept lower clean-up standards; as a result, poorer
              areas will be cleaned up to industrial uses, while more affluent areas will be
              cleaned up to residential uses. The brownfield strategy should include a
              mechanism to prevent this.

       Next Steps

       •      Connie Tucker stated that the issue  of future land use is very critical and asked
              OSWER to examine it further.

       •      Tim Fields suggested that the Waste Subcommittee should convene a public fourm
              soon in order to discuss  the brownfield issues raised at today's meeting, such as  the
              degree to which OSWER's pilot programs should integrate local concerns and
              partnerships.

       r      Charles Lee requested the subcommittee to adopt a formal motion on the need to
              conduct more public meetings on the brownfields issue. The motion was passed
              unanimously.

IX.    Presentations  on Public Health Issues in Impacted Communities

       Government Initiatives  and Activities: Presentation #1

       •      Greg Mertz, Special Assistant to AA/OSWER, delivered a presentation on He'alth
              Care Services Delivery.  Greg Mertz highlighted the following points in his
              presentation:

                     The Health Care Services Delivery initiative is a joint partnership effort
                     between  HSS and EPA, and  is designed to enhance the delivery  and
                     availability of environmental  health services to various pilot communities
                     around the country.
Waste' and Facility Siting Subcommittee                                                     22

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                   ,  The EPA and HSS examined a few pilot communities that have an existing
                     health care delivery system but did not have the necessary expertise to
                     address environmental health problems.

                     Three pilot communities identified include: Torence, California; Colombia,
                     Mississippi; and Augusta, Georgia.

                     ATSDR has taken a significant leadership role in developing a protocol
                     with the following three phases designed to be adopted according to the
                     needs of the communities:

                     Phase 1:      Community health needs assessment and assurance of
                                   existing local health care delivery system.

                     Phase 2:      Environmental  health services - Technical assistance to local
                                   health  agencies, environmental health education, medical
                                   testing, program for referral to specialty climes, and. medical
                                   examination.

                     Phase 3:      Evaluation of the overall medical assistance plan.

       Subcommittee Comments/questions

       •      Connie Tucker stated that the Augusta community is not aware of this  pilot
              project and stressed that the community  should be included in the planning and
              approval process.

       •      Charles  Lee and John O'Leary from the Public Participation Subcommittee
              suggested that the Augusta issue be examined as a possible case study for the
              public participation process.

       •      What is  EPA's timeline for the described projects?

       •      Who deals with the treatment aspects  of the program and who pays for it?

       •      Who is doing community health assessment?

       •      To what extend does the Agency provide support to the community? (e.g., for
              assessment)

       •      How were the community groups identified to be part of the initial planning of this
              .project?

       Government Initiatives and Activities:  Presentation #2
Waste and Facility Siting Subcommittee                                                     23

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              Warren Banks, Ph.D., OSWER, delivered a presentation on Multiple, Cumulative,
             -and Synergistic Risk. He highlighted the following points in his presentation:

                     Under its current standards, EPA has developed a margin of safety for
                     chemicals of concern taking the toxicity number of the chemicals into
                     account.  EPA has found that this method is not protective of all
                     communities and so the synergistic effects of the chemicals should also be
                     considered.

                     Some of the areas that EPA will focus on in terms of cumulative risk
                     include: single chemical reaction, structurally related classes of chemicals,
                     exposure pathways, point and non-point sources of stress, and duration of
                     exposure.

                     EPA is collaborating with other agencies to examine the different pathways
                     of chemicals to assess the effect of these chemicals on humans.  For
                     example, OSWER is coordinating with other agencies to examine the
                     chemical factors that affect communities including behavioral effects (e.g.,
                     neurological effects caused by lead).
                     Distribution of environmental exposure is the key to tackling the risk
                     assessment problem, and pollution prevention is key to reducing chemicals
                     in the environment in future.

                     All of the offices within the Agency should work together, share
                     information, and develop a common methodology to deal with the risk
                     assessment issue.

       Subcommittee Comments/questions

       •      Attendees at the presentation raised the following issues and questions:

                     Once OSWER has developed a methodology to address  cumulative risk,
                     will it have enough information for each community on the comprehensive
                     array of chemicals that the community could be exposed  to?  Does EPA
                     have concerns about the fact that many activities with  potential
                     environmental impacts have no reporting obligations?

                     By looking at  exposure on a site basis, especially when looking at State
                     contaminated  sites, not just Superfund sites,  the issue of multiple
                     cumulative risk is not being addressed.

       •      Once you have developed a methodology to address cumulative  risk, will you have
              enough information for each community on the comprehensive array of chemicals
              that the community could be exposed to?  Do you have concerns about the fact


Waste and Facility Siting Subcommittee                                                    24

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              that many activities with potential environmental impacts have no reporting
              -obligations?

              Will the new risk assessment requirements of the Contract with  america, if passed,
              be consistent with your view about how cumulative risk can be evaluated?  Will
              they cause any delay in your work?

              By looking at  exposure on a site basis, especially when looking at State
              contaminated  sites, not just  Superfund sites, the issue of multiple cumulative risk is
              not being addressed.  How does EPA and OSWER deal with this  issue when some
              of these sites will more than likely be listed as "Brownfield" sites?

              Hoe and why  has the complied health status of communities not been  factored
              into the risk assessment process? Such as children already exposed to  lead in
              homes, and insecticides. What do you do with these children when performing a
              risk assessment?
                                                                             ;
              What is the relative significance, in reference to the siting discussion, of the health
              of the community (mortality, infant mortality, etc.) as against the controversial
              cumulative risk estimate?

              What about asking to site a  polluting industry in  an area without such industry -  if
              public health of that area  is  very poor?

              What is EPA  doing to develop a rationale for its definitions of risk assessment that
              will protect the Agency from the promised Congressional assaults on the subject?

              Are health needs more closely related to  cumulative exposure, and are issues like
              siting more closely related to cumulative risk?

              Do any agency projects rely  upon the member, of the targeted communities to
              define questions?

              How do you ensure there  is  a holistic approach to a strategy among the various
              federal agencies and within EPA?

              Has the industry been involved in the development of the methodology?

              Who is involved in the study regarding the distribution of impacts, and what is the
              stage of development of this study?

              In light of the risk legislation coming out  of the 104th Congress  that contains no
              cumulative risk, life strains, or acknowledgement of susceptible populations, how
              will WPA proceed on this risk initiative?
Waste and Facility Siting Subcommittee                '                     ,               25

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       •      Has the Agency taken any steps towards site-specific regulation to take account of
              cumulative exposure. Specifically is there work to quantify who is exposed by
              specific emissions?

       Government Initiatives and Activities: Presentation #3

       •      Sandy Coulberson, Agency for Toxic Substance and Disease Registry (ATSDR),
              delivered a presentation on the Minority Environmental Health Initiative and
              Mississippi Delta Project.  She highlighted the following points in her presentation:

                     ATSDR has  expanded an initiative that began in 1987 to determine
                     demographic patterns, health communication patterns, health professional
                     needs, and community health and education needs for disadvantaged
                     communities and people of color.

                     The goals of the Minority Health Program are:

                     1.     To determine demographic patterns of communities living near
                           hazardous waste sites.

                     2.     Conduct health studies and applied research to determine the
                           relationship between adverse human health effects and hazardous
                           substances.

                     3.     Develop and conduct environmental health risk communication and
                           minority education programs.

                     The Mississippi Delta ProjecHs being conducted in seven  States and 219
                     County regions that have a population of 8.3 million people.  The seven
                     States include Illinois; Kentucky, Tennessee, Mississippi, Louisiana,
                     Arkansas, and Missouri.

                     A steering committee has been formed with members from ATSDR,
                     Center for Disease Control, Office of Minority Health, the National Center
                     for Environmental Health, and the National Institute for Occupational
                     Safety and Health, EPA's Office of Environmental Justice and OSWER,
                     and a number of academic institutions.

                    Three subcommittees have been formed: (1) membership,  community
                    involvement and participation subcommittee, (2) structure subcommittee
                    focusing on the. overall activities, and (3) needs assessment subcommittee.

                    The goal of the Mississippi Delta Project is to reduce and if possible
                    prevent key environmental hazards from impacting public health and the
                    environment.
Waste and Facility Siting Subcommittee               '                     ,                26

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                    ' The specific objectives of the project include: to identify the key
                     environmental hazards, to evaluate them in association with State and local
                     agencies and academic institutions in the Delta region, to increase the
                     awareness of the health care providers in the Delta region, to enhance
                     capacity building in State and local health departments and academic
                     institutions, and to increase the awareness  of the importance of
                     environmental public health among students  in schools and colleges.

                     Future activities of this committee will be to  provide funds  to .State health
                     departments and HBCUs to conduct data gathering efforts.

                     This project has been submitted as a model for inter-agency projects to
                     address the environmental justice executive order.

        Subcommittee Comments/questions

        •      The steering committee should consider including more than one community
              representative as a member, if this is  not already the case.

        •      Shouldn't there be more than one community representative on your steering
              committee? If not explain.

        •      How has this project been introduced to the people?

        Community Presentations: Presentation #1

        •      Teresa Cordova, Ph.D., University of New Mexico, delivered a presentation on
              Community Based  Planning and Health Needs. She  highlighted the following
              points in her presentation:

                     Community based planning is  the use of the planning process at the
                     community level.

                     The present trend is to move  away from central planning and focus more
                     on local planning.  At the local level there is  more demand to include the
                     local community in the planning process.

                     The community that has a plan can withstand the influence of an outside
                     force such as a hazardous site location or any other unwanted
                     development.

                     Planning and organizing processes stimulate a sense of community
                     ownership.
Waste and Facility Siting Subcommittee        '           '                                 27

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                     Planning processes can assist in the articulation of specific owner objectives
                     of community members.

                     Planning processes provide a proactive means of establishing legitimacy
                     over defining the future of the community.

                     Planning processes bring the most affected stakeholders into the arena of
                     proactive actions.

                     Community-based planning should have the following characteristics:

                     1.      Values and ideals of the process should emerge from the
                            community and should not be imposed on the community.

                     2.      The culture and tradition of the community should be integral to
                            the planning process.
                                                                        i
                     3.      Community-based planning gives full legitimacy to the knowledge
                            base of the community.

                     4.      A planner who facilitates the planning process should (a) facilitate
                            and not impose, (b) not reproduce power relations, and (c)
                            acknowledge the issue.

                     Community based planning can help articulate the community health needs
                     better than anyone else from outside.

                     Community base planning has some drawbacks like (a) it very time
                     consuming, (b) it is different from other general planning  processes, and
                     (c) internal politics often tempers the planning process.

       Subcommittee Comments/questions

       •      What is the relationship between community organizations arid local governments
              in the planning process?

       •      What are the barriers faced by the community  (e.g.,  no cooperation from local
              government)?

       •      What level of interactions exist between communities?  Is there equity  among
              communities?

       •      How are the health needs articulated by the community?

       Community Presentations:  Presentation #2
Waste and Facility Siting Subcommittee       '                                             28

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        •       Michael Hernandez, Ph.D., Regent University School of Law, delivered a
              -presentation on the relocation issue.  He discussed the issue of relocation in
               relation to the Washington Park case and expressed concern regarding
               government's attitude and recommended the following points for further discussion
               by the subcommittee:

                      A mechanism should be established to hold the Regional EPA personnel
                      accountable for their actions  and activities.

                      EPA has consistently taken the stand that unless relocation is more cost
                      effective or environmentally effective they will not order other remedies.
                      This position is not consistent with statutory law (Section 101.24).

                      CERCLA sites that have people living on-site should be distinguished from
                      those sites that are abandoned. EPA should focus on the current needs of
                   x   the people living in contaminated sites.

                      Recommendation of innovative remedies should be made a priority.

        Subcommittee Comments/questions

        •       Attendees at the presentation raised  the following issues and questions:

                      We have had significant problems in lead-contaminated public housing in
                      Buffalo with an appointed housing board and other quasi-public bodies.
                      Have you had similar problems in Portsmouth? How can federal  officials
                      assure civil rights?

                      As a point of information, the Superfund bill EPA developed that nearly
                      passed last year tried to address the problems you have raised and is pretty
                      consistent with your views.  Congressman Dingell has reintroduced that bill
                      in the 104th Congress.

        •      We have had significant problems in  lead contaminated public housing in Buffalo
              with an appointed  housing board and other quasi-public bodies.  Have you had
              similar problems in Portsmouth? How can federal officials assure civil rights?

        •      How has Region 3 been reported to  EPA headquarters?

        •      Is there a community organization  representing the people?

        •      How has this case been reported in the Regions?

        •      What is the legal status of the case?
Waste and Facility Siting Subcommittee                                                    29

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       •      Do you have any recommendations about how EPA regional staff could be made
             - to  follow the better policies EPA headquarters has developed? What role could
              the community play to facilitate this?

       •      Just as a point of information, the Superfund bill EPA developed that nearly
              passed last year tried to address the problems you have raised and is pretty
              consistent with your views. Congressman Dingell has reintroduced that bill in the
              104th Congress.

       General Comments on the Presentations

       •      Lenny Siegel expressed hope that the waste subcommittee and the health
              subcommittee will develop models that develop genuine community based
              mechanisms of assessing community health needs.  He stressed that the community
              should be involved in decision making processes.

       •      Mildred McClain agreed with Lenny Siegel that the community should be. involved
              in  the initial planning and decision making process. She pointed out that the
              health of the impacted community continues to decrease and all the planning and
              document making  process has not made any change at the community level.

       •      Pamela Chiang stated that empowerment of the affected people is very critical and
              all the studies being conducted should include the affected people at the center of
              discussion.

       •      In  response to a question  concerning membership  in the DELTA Project Steering
              Commitee, Sandy Coulberson stated that it was easier to identify federal agencies
              because the funding for the projects came from those agencies.

       •      Mildred McClain commented that a focus on identifying the federal agencies
              automatically pushes the community is to the second level.

       •      Connie Tucker pointed out that the people living in the Mississippi Delta region
              are not aware of the Mississippi Delta Project and stated that the inclusion of the
              affected community in the planning and decision-making process is not given any
              consideration.

       •      Sue Briggum stated that impacted community members  should be empowered to
              understand their rights and needs.

       •      Warren Banks stated that  the Agency should be held accountable for what it
              should be doing to the community.

       •      Teresa Cordova stated that community members should develop planning skills and
              learn to deal with local governments effectively. She stated  that community
              training is a critical aspect of this process.


Waste and Facility Siting Subcommittee                              '                    30

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              Greg Mertz asked the ATSDR representative to clarify the public participation
              issue since ATSDR played the primary role in developing the protocol for
              Augusta.  He further stated that Augusta initiative is still in its first phase.  He
              stated that the Congresswoman has been very active in the Augusta issue and
              Augusta has been recognized as an area that  would benefit  from the medical
              assistance program as a pilot location and it is also a RCRA corrective action site.

              Charles Lee suggested that the Augusta issue should be  examined as a model for
              public participation issue.

              John O'Leary supported the idea of developing a model on public participation
              from the Augusta issue.

              Mildred McClain stated that communication from the federal level to the
              community level is very crucial.

              Warren Banks believes that the relocation issue varies from community to
              community.  He requested guidance on prioritization of communities, for the
              purpose of relocation.

              Lenny Siegel stated that the relocation of the people who are renting should also
              be considered.

              Michael Hernandez stated that communication within the government agencies
              and between the government and the community needs to be addressed.

              Damu Smith stated that the subcommittee should look specifically at the relocation
              issue and review the history and facts and develop recommendations to address
              this issue.
X.     Action Items
              Charles Lee and Connie Tucker agreed to discuss further how communities can
              provide input to EPA  They agreed that a community specialist should also be
              included in their discussion.

              Tim Fields stated that the OSWER Draft Environmental Justice Strategy will be
              finalized by March/April.  Subcommittee members should direct future comments
              to Jan Young.

              Mildred McClain stated that the term "sound science" is alarming because she did
              not know what it meant. She stated that there is a difference between what the,
              scientists refer to as sound science and what laypeople refer to  as sound science.
              She requested a clearer definition on this term.  Charles Lee requested that
              Mildred McClain and Patricia Williams make a formal recommendation for the
              terminology to be used on  this issue. Mildred and Patricia agreed to this.
Waste and Facility Siting .Subcommittee                                                    31

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              Tim Fields agreed that he will meet with Native American representatives on
              January 18 and discuss their unique issues and also set a timeline for including the
              Native American chapter in the OSWER strategy document.
Waste and Facility Siting .Subcommittee                                                    32

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IX.    List of Participants
Subcommittee Affiliations

Charles Lee (Subcommittee Chair, United Church of Christ Commission on Racial Justice)
Jan Young (DFO, EPA)
Mildred McClain (Citizens for Environmental Justice)
Lenny Siegel (Pacific Studies Center)
Jon Sesso (Silverbow Mtr'Planning Committee)
Tom Kennedy (ASTSWMO)
Sue Briggum (WMX)
Patricia Williams (National Wildlife Federation)
Pamela Chiang (proxy for Michael Guerero, Southwest Network for Environmental and Economic
Justice)
Michael Pierle (Monsanto)
Connie Tucker (Southern Organization Committee)
Donald Elisburg (Laborer's International Union of North America)
Nathalie Walker (Sierra Club Defense Fund)

EPA

Janice Bryant, OPPE
Samuel Coleman, OECA
Clarence Featherson
Rose Harvell, OECA
Diane Huffman, OSWER
Ika Joiner, OSWER
Vernon Myers, OSWER
Suzanne Wells, OSWER

Public

Sha-King Alstqn                                Glenn Johnson
Ruthie Mae Barnes                             Rose Johnson
Sharon Beard                                  Sherrill Marcus
Walter Begay                                  Roy Mardus
Johnnie Billington                              Selena Mendy
L.D. Bromthing                                Goro Mitchell
Dollie Burwell                                 Ron Nixon
Faye Bush                                     Anne Page
Kevin Cahill                                   Arthur Raye
Teresa Cordova                                Helen Scott-Swain
Ely Dorsey                                    Mary Washington
Anna Frazier
Michael Hernandez
Waste and Facility Siting Subcommittee        •                                          33

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ATTACHMENT I

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           NEJAC HASTE AND FACILITY SITING SUBCOMMITTEE
                        Jan.  17 - 18,  1995
                  Sheraton Atlanta Airport Hotel


                              AGENDA

JANUARY 17 - TUESDAY


•     8:00 am:      COFFEE

4     9:00 am:      Plenary session of NEJAC

4    10:00 am:      Subcommittee convenes, Room TBD

                    • Introductory remarks

4    10:15 am:      Review of EPA's Strategic Plan

                    • Background and summary of Strategic Plan

                    • General comments by Subcommittee members

•    12:00:         BUY LUNCH (working lunch)

4    12:15 pm:      Complete review of EPA's Strategic Plan

                    •  Program-specific  comments by  Subcommittee
                    members

                    • Recommendations  for full Council to consider

•     2:45 pm:      BREAK

4     3:00 pm:      Begin  discussion   of  Subcommittee-specific
                    topics:

                    •    Finalize   "Ten-Point    Implementation"
                    recommendations

                    • Finalize work group mission statements

                    • Presentation  by Tim Fields, DAA/OSWER,  on
                    Brownfields    activities;    Subcommittee
                    discussion; next steps

4    5:00 pm:       Combined Subcommittee meeting for report back

•    6:00 pm:       ADJOURN

-------
           NEJAC WASTE AMD FACILITY SITING SUBCOMMITTEE
                        Jan.  17 - 18,  1995
                  Sheraton Atlanta Airport Hotel

                              AGENDA

JANUARY 18 - WEDNESDAY

•    8:00 am:       COFFEE

4    8:30 am:       NEJAC Convenes
                          t
4    8:45 am:       Subcommittee convenes, Room TBD
                    • Introductory remarks

*    9:00 am:     ,  Presentations  on  public  health  issues  in
                    impacted communities:

                    Government initiatives and activities;

                    • Greg Mertz, Special Assistant to AA/OSWER:
                         Health Care Services Delivery

                    • Warren Banks, Ph.D., OSWER:
                         Multiple,. Cumulative, and Synergistic Risk

                    • Sandee Coulberson, ATSDR:
                         Minority Environmental Health Initiative
                         and Mississippi Delta Project

4    9:30 am:       Questions and discussion by Subcommittee

4    10:00 am:      Community presentations;

                    • Rose Marie Augustine, President, Tucsonians
                      for a Clean Environment:
                         Community  Experience  with  Health  Care
                         Clinics

                    • Michael Hernandez,  J.D.,  Regent Univ. School
                         of Law:  Relocation Issue

                    • Teresa Cordova, Ph.D., Univ. of New Mexico:
                         Community Based Planning and Health Needs

4    10:30 am:      Questions and discussion by Subcommittee

4    11:00 am:      Other NEJAC Subcommittee presentations;

                    • Public Participation Subcommittee

                    • Health and Research Subcommittee

•    11:45 am:      SUBCOMMITTEE ADJOURNS

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ATTACHMENT II

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SUP6RFUND HfiPORT • NovwnMr 2. 11S4                                                21

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ATTACHMENT HI

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                                                                       P.3
                TEN POINT IMPLEMENTATION FRAMEWORK FOR
              OSWER DRAFT ENVmONMENTAL JUOTIGE STRATEGY

            NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUUOL
                             SUBCOMMITTEE ON
                         WASTE AND FAOLTTY SITING
The  Waste and Facility Siting Subcommittee of the National Advisory Council on
Environmental Justice met in deliberative session on October 25, 1994 and developed a
consensus on the following Ten Point Implementation Framework for the EPA Office of
Solid Waste and Emergency Response (OSWER) Draft Environmental Justice Final Report
(also referred to  as  the OSWER  Draft  Environmental Justice  Strategy).    The
Subcommittee recognizes the cutting edge nature of the effort by OSWER to develop a
comprehensive environmental justice strategy.  It was a process that began under the
leadership of Assistant Administrator Elliot Laws prior to the signing by President Clinton
of Executive Order 12898.

The Subcommittee emphasizes cross cutting nature of environmental justice and therefore
sees  the  necessary  limitations  of a  program-specifc,  or  even  agency-specific,
environmental justice strategy.  At, the same time, the Subcommittee recognizes the need
to seriously examine how envirprnnentsl justice issues relate to specific programs.  The
Subcommittee commends OSWER for taking such initiative and recommends strongly that
all EPA program offices, other federal agencies, and state and tribal government agencies
develop similarly comprehensive strategies.  Given OSWER's unique position as the first
to develop such & program, the Subcommittee recommends that OSWER take responsibi-
lity to serve as a catalyst for development of other programs.

Our recommended framework is aimed at OSWER as well as other EPA offices, EPA as
a whole,  other federal agencies, state and tribal governments,  and other stakeholder
groups such as community groups, minority academic institutions and others. There is
a presumption when it comes to environmental justice that emphasis must be placed upon
ensuring access for impacted communities of color, low income and other disenfranchised
communities,  groups which heretofore were without access.   In the  development of
programs and projects around justice, the principle of starting with the community and
ending with the community must be adhered to.1
1 These recommendations were developed by an Ad Hoc Working Group of the NBJAC
Subcommittee on Waste and Facility Siting comprised of Don Elisberg, Irasema Coronado,
Lillian Kawasaki, Connie Tucker, Nathalie Walker, and Charles Lee (Chair). We were
ably assisted by Jan Young, our Designated Federal Official (DFO).

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In the context of these overarching principles, the Subcommittee has developed a Ten
Point Implementation Framework for full implementation of the OSWER Draft Strategy.

1. Evolutionary Status of Strategy: The Subcommittee recommends that the OSWER make
the Environmental Justice Task Force Final Report a "living  document."  This concept
stresses the importance of turning the recommendations of the OSWER Environmental
Justice Strategy into action, especially in partnership with community groups in impacted
environmental justice communities and other stakeholder groups. We urge an ongoing
process of evolution of the OSWER Environmental Justice Strategy to take  into account
new developments  that emerge from an open process of continuous interaction with
stakeholder groups, especially community groups in impacted environmental justice
communities.

2. Development oflQSWER Draft EnvirQ*"nental Justice Strategy; The Subcommittee has
examined  the  public participation aspects of the process for formulating  the OSWER
Environmental Justice Strategy,  This process involved significant input from different
stakeholder groups, including community groups from impacted environmental justice
communities.   The Subcommittee  commends the grassroots   activist groups which
identified serious shortcomings in public outreach at the initial phase of the development
of this strategy and saw the importance of forwarding .to EPA their observations.  The
Subcommittee also commends OSWER's positive response to such concern and OSWER's
generally sincere desire to ensure broad based public  participation.  Inherent in this
process were the  difficult issues of educating OSWER personnel about the value of public
participation, inadequate coordination and agreement between headquarters  and regional
offices, and inadequate mechanisms for ongoing dialogue between EPA and impacted
communities.  The Subcommittee recommends that the public participation aspects of the
formulation of the  draft strategy be delineated in the reporting, including a forthright
discussion of the lessons learned in this process,

3. Public Comment on the Draft Strategy: A wide range of comments - both overarching
and detailed   -  were received  during the  Subcommittee's review of the  OSWER
Environmental Justice Strategy.  OSWER made a commitment to address each of the
comments and develop a process for informing the public of received comments.  The
Subcommittee identified several severe gaps in the comments, i.e. Native Americans and
other indigenous peoples  (Indigenous Hawaiians, Puerto  Ricans, • Alaskans).   The
Subcommittee recommends that OSWER conduct a special solicitation of comments from
these groups.  Beyond that, the Subcommittee recommends that OSWER close the period
for  comments within 30 days and proceed expeditiously towards finalizing the draft
strategy into policy.

4^ Public  Role in Implementation:  Full implementation rests  upon a comprehensive
interactive communications, outreach and public participation.  Communications, outreach
and public participation is a hub of the environmental justice strategy implementation.
Community groups and other stakeholders must be made full partners in planning and

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implementation of communications, outreach and public participation projects. A public
participation model has been developed by the Subcommittee on Public Participation of
the National Environmental Justice Advisory Council.

It  is important that we understand that there is a presumption when it comes  to
environmental justice.  By definition, environmental justice does not treat  all groups
equally.  It understands that there are groups in society which lack access  to decision
making,  lack  the tools and  resources to  effectively  participate, and  are otherwise
disenfranchised. These groups need and deserve special consideration and attention, and
it is both appropriate and necessary for government to act in ways which will facilitate
their empowerment. In conclusion, environmental justice must start with the  community
and end with the  community.

5. Interagencv and Stakeholder Interaction;  The Administration must develop a strategy
for short term and long term building of an infrastructure for  achieving environmental
justice within OSWER, related EPA programs, federal agencies, partnerships  with states
and tribal governments, academic institutions,  community groups, labor, business and
other stakeholders. This includes reorganization of various offices to enable streamlining
of functions within OSWER that  connect environmental justice,  outreach  and public
participation, and specific program offices under one cohesive implementation team and
network.  The development of infrastructure goes far beyond policies, resources, and
partnerships to include the knowledge base,  processes and protocols developed mutually
by stakeholder groups in the process of addressing and resolving concrete issues.

It is critical that  this be addressed as part of a coherent and transparent  process  of
interagency coordination and cooperation.  The subcommittee wishes to identify the
critical role that public participation plays as a driving force for such coordination and
cooperation.

6, Interapencv Training: A comprehensive culturally diverse training program  for OSWER
and EPA personnel on environmental justice including the  development of a curriculum
on environmental justice,  must be  developed.   Representatives of communities and
culturally diverse  backgrounds should be contracted to help develop this curriculum and
assist in  training EPA personnel. The Subcommittee also recommends that all agencies
and offices  associated with the Executive  Order  on Environmental Justice that they
cooperate and coordinate on the development of curricula and  educational resources, in
ways which (1) develop products jointly, and (2) share each other's products.

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7. Demonstration Programs: An integrated Environmental Justice Model Demonstration
Programs approach should be used as the template for project implementation. This is
based upon the holistic integration of the following:

   -«  formulation of policy and regulatory frameworks
   -  development of analytical tools, indicators, and protocols for environmental justice
      implementation
   -  community wide, multi-media, targeted geographic initiatives
   -means of address public health concerns of impacted communities
   -  reduction of multiple, cumulative and synergistic risk
   -  built-in mechanisms for community participation and empowerment
   -  ongoing process  of building infrastructure for environmental justice
   -  economic redevelopment and sustainable community
   -  federal interagency cooperation
   -  minority academic and community-based organizational partnerships,
   --  enhancement of community user friendly pollution prevention and technology
      diffusion programs
   --  strategies for stakeholder  involvement including  labor, business,  non-profit,
      philanthropic and other institutional partners, and
   -  ongoing evaluation, coordination and integration of existing pilots and programs.

Project   implementation  should  be  fully  integrative  of  opportunities  posed  by
implementation  of the  Executive  Order  on Environmental Justice.  Ultimately,  the
principles which guide environmental justice  are those which  guide  healthy and
sustainable communities.  One purpose  of this  recommendation is to  help guide  the
development of protocols for environmental justice initiatives.  Environmental justice pilot
project initiatives should be evaluated with this template in mind. This recommendation
is Intended  to otter to the federal interagency Executive Order  process a basis  for
developing criteria on conceptualizing, planning, implementing,  and evaluating existing
and new pilot projects and grants.  The Subcommittee warns against incomplete and not
well thought out efforts.to attach the nomenclature of environmental justice to previously
existing projects without an examination of such criteria.  The Subcommittee also  offers
this template as a way of evaluating proposals for grants around environmental justice
projects. Lastly, this template is being offered to facilitate cooperation and coordination
among efforts which address one or another aspect of environmental justice.

8. Specific Programmatic Priorities: The Subcommittee has identified key areas for further
recommendations and priority action.  These are:

      a. Health Needs of Impacted communities: See  Draft Mission Statement2
2 When adopted by the Subcommittee, the three Mission Statements will appear in the
appropriate sections of this documents.

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                                                                           P.7
      b. Economic Redevelopment within context of Sustainable Communities;
         See Draft Mission Statement

      c. Siting Issue: See Draft Mission Statement
9. Implementation/Cross-Media  Conferences;   EPA  should  convene  four National
Implementation/Gross Media  Conferences which focus on a racial  (African American,
Native American, Latino American, and Asian Pacific American) groups as a focus. The
model for Implementation/Cross  Media conferences apply to both Recommendation #9
and Recommendation #10.   They will involve a  community  based planning process,
incorporation of infrastructure building (particularly minority-based academic institutions),
investigation  and   hearings preparation  process,   and   interactively   developed
implementation  plans using  the  environmental justice  model demonstration process
approach. This concept which are geared towards the gathering of significant stakeholder
groups to develop a consensus around a course of action and to mobilize resources and
commitments to implement that  course of action under the leadership and  direction of
a partnership between government and the impacted community. These recommendations.
also are directed towards OSWER, other EPA offices,, other federal agencies, and state and
tribal governments.

The purposes of conferences which focus  on racial groups are  the following:

       Provide opportunity to examine group  specific issues  and ensure  that smaller
       groups  such as  Native Americans  and Asian Pacific Americans  do  not get
       overlooked in. multiracial program implementation.

       Address health issues specific to each group.

       Address group specific means of communications, outreach and public participation,
       especially language specific concerns.

       Address group specific contexts, both urban, rural and geographic; which make up
       the culturally diverse and  historic experience of each  group.

       Incorporate  group specific task forces now existing  in EPA and other federal
       agencies.

       Provide opportunity for each specific  group to do education to other groups
       regarding their issues.

       Explore  issues related to  interagency cooperation which are  specific to one
       population group.

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10.  State  ^datives:     EPA   should   identify  two   Lead/Focus  regions  for
implementation/cross media conferences on a  state-by-state basis.   Using the  same
paradigm for planning and implementation as the above implementation conferences, the
purposes of these implementation conferences which will be hosted by EPA in conjunction
where possible with  states and other stakeholders, are the following:

      Use the  OSWER  environmental  justice  model  as  a vehicle to help  initiate
      environmental justice efforts on a state by state basis.

      Identify and develop joint efforts where good environmental justice initiatives exist
      or provide opportunities for such development if none exist

      Provide the opportunity for detailed implementation strategies in conjunction with
      communities,  academic institutions and other stakeholders in a far more direct
      way.

      Provide opportunities for multiracial environmental justice program development,
      including involvement of low income groups.

      Leverage initiatives of state and local governments in cooperative efforts to ensure
      environmental justice.

One recommended region is Region IV because of the following:

      Substantial environmental justice solid waste concern in the region.

      Existence of network of community groups and  network of historically black
      colleges and universities.

      Severe problems reported by community groups with state environmental justice
      record of activity.

These are dearly meant  to be prototype efforts where resources and attention can be
concentrated, and do not preclude other regions from undertaking such efforts. They also
are meant to provide the basis for full implementation at some  time  by all regions.
The Subcommittee recommends that OSWER adopts this Ten Point Implementation
Framework and begin to institute processes/protocols for proper implementation and
develop concrete workplans. We suggest a three month turn around on basic conception
including feasibility analysis, costing and prospective implementation frameworks, with
a six month guidepost for initial implementation workplans to be developed.

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ATTACHMENT IV

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                                                             P.9
           NEJAC WASTE AND FACILITY SITING  SUBCOMMITTEE
      WORKING GROUP ON HEALTH NEEDS OF IMPACTED COMMUNITIES
                     DRAFT MISSION STATEMENT
                             11/21/94


Residents   of   people  of   color,   low   income   and  otherwise
disenfranchised  communities where  environmental  and industrial
toxins are  found suffer  ill health.   The benefits and burdens of
modern industrial  society have  not been equally distributed.   In
the most dramatic way, people of color communities  suffer from the
over-saturation of their communities with multiple sources of risk,
i.e.,  lead  in  housing,   proximity to  polluting  facilities  and
highways, dangerous workplaces,  etc.  These communities most likely
receive inadequate or  nonexistent medical  attention.   There is a
compelling need to address the ill health in communities no matter
what causal relationships have  been established.  Moreover, there
is a  compelling need to  respond  positively  and substantively to
people  in  impacted  communities who  cry out  for relief  of  ill
health.   It is both appropriate  and  necessary for government to
play a central role in addressing such needs.

The recent  federal Interagency  Symposium on  "Health Research and
Needs  to Ensure Environmental  Justice11   (February  10-12,  1994}
played  an   important  role   in  crystallizing  a   set   of   65
recommendations.    The Subcommittee  seeks to  build upon  those
recommendations  which focus upon the provision of  services  and
action to alleviate health  needs in impacted  communities.   The
subcommittee seeks not to be duplicative and recognizes the fact
that environmental justice is  a cross cutting issue requiring by
definition  of  cooperation between NEJAC subcommittees,  different
EPA offices, other federal agencies and  others.  This subcommittee
seeks  to  coordinate  with and  use  the definitions  of  community
health being developed by the  Health and  Research Subcommittee.
Additionally, this subcommittee recognizes the profound value of
public participation in addressing health needs issues.

The purpose  of  this subcommittee is to develop a framework and a
set  of recommendations for addressing health  needs  in impacted
communities.  This involves the  following: l.  health needs  related
to multiple,  cumulative  and  synergistic risk, 2.  policy issues
which may remove presently existing obstacles towards provision of
health  services  or  alleviation of  health  threats,  3.  proper
inclusion of public participation in addressing health needs, 4.
evaluation   of   present   and  prospective  program  and  project
initiatives, 5. initiatives which focus on pollution prevention and
disease prevention,  and  6.  critical but as yet undefined cutting
issues of particular significance.

To help develop and refine its framework and recommendations, this
subcommittee   will  help  design,    encourage,   and/or  support
demonstration  projects through which communities  are  given the
opportunity  to  define   their  health  needs  with  respect  to
environmental threats to human health.  The subcommittee will  rely
Upon the above six points  to develop its criteria for selecting and
promoting such projects*

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HeaJLfeh Needs, of Impacted communities
Major Issues (tentative)
 1. Definition of community Health (to be developed in conjunction
    with Health and Research Subcommittee)
 2. Public Participation and Community Planning and Decision Making
    Processes   (with   participation   and   input   from  Public
    Participation Subcommittee}
 3. Need for interagency cooperation
 4. Provision of Medical Services
 5. Lack of people of color in medical health fields
 6. Multiple, cumulative and synergistic risk
 7. Detoxification
 8. Relocation

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ATTACHMENT V

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                                                             p.11
           NEJAC WASTE AND FACILITY  SITING  SUBCOMMITTEE
              WORK GROUP ON ECONOMIC DEVELOPMENT AND
                     SUSTAINABLE COMMUNITIES
                     DRAFT MISSION STATEMENT

                             1/10/95

Communities of  color and low income  communities  bear dispropor-
tionately  high and  adverse effects of  environmental pollution.
Environmental" Justice, however,  can only be achieved when there is.
equity in environmental protection,  supported by decent paying and
safe jobs; quality schools, transit, and recreation;  decent housing
and adequate health  care; community and personal empowerment; and
communities  safe  from  violence,  drugs and  poverty  (sustainable
communities}.  As such, economic development,  environmental justice
and community empowerment are inextricably  linked.   Communities in
areas of  need must be revitalized,  building upon their diversity
and  forming  partnerships to increase  economic opportunity and
promote sustainable  development.

While job  creation both  within and outside the community provides
the  foundation   for  individual  economic   self-sufficiency  and
community  revitalization,  it is only when economic  development is
part of  a comprehensive strategy for human development  and the
physical  revitalization of communities, that  true  and sustained
community  building can occur.   A strategic  vision  for change is
'needed  and must  be defined through broad  participation  by all
segments   of  the community.    The  vision  must  articulate  a
comprehensive   and  coordinated   approach  to   addressing  and
implementing  the needs  of  the  community—an  approach  which
integrates economic, physical, environmental, community and human
development.

The goal of the Working Group is to develop a framework and create
strategies and models to promote economic opportunity to revitalize
communities  in  need.  Strategies must be built upon  broad public
participation,  with  a diversity of strategies, complementing and
leveraging available resources and programs.

The Working Group will develop and recommend  policies  and programs
to foster collaboration, enhance information and knowledge, improve
access  and  services,  identify  needed resources  and  critical
linkages  to other public goals,  and to make  recommendations on
potential  model projects.

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ATTACHMENT VI

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                                                                                                 P. 17
                                                                                                 P.
    permitting process, but some fear that broad spplfeaiion of the- tuta i:e«l«i alow the penuitdng process unnecessarily,
    and ethers question fc* need for further opening the permit prow*) to ills public. One industry source says the rule "is
    not something we thought would be a problem," acting that several scrapanks already five advance codes of new
    facilities w the public and hold stakeholder tfifistsjgs. But sack jww sat;? added to the pemisSag process can add
    months to facility siting, ihb source says, and industry is conearaed aTxiut potential delays. Aaotaer industry source
    uy* the RCRA regulation "is basically a decent rale and it mate s'ouu: % extend It" to otter madia, but public
    participation is the "biggest delay" companies fact in the &•&.# process . "The more public participation you have, ttie
    slower &e process," this source says, "You caa't have it fester and fiuriir/


 EPA STAFF DISMISS ENVIRONMENTAL JUSTICE PANEL'S INPUT  ON  FACILITY SITING

         Sanw EPA staff say icy wfll no longer telysn the aaMoy's awironBttta] justice adviwry committee as meir
    primary source of guidance for grafting s*w haasrdeus waste ikiiity sting regulations, charging mat members cf the
    committee seem unlikely to pipvids useful and tiaely coamses ixi m« agency,
         But members of the federal advisory commltM wjcte r dss EPA staffhad unrealistic txpecotions of what to
    expect from the group, and high-level EPA officials say they j.til3 tape so use tt« comr»isw as a source of guidance
    for writing new siting standards.
         EPA plus to propose iww location standard* for bazarcjjus was* fcciEtias in tfc* Spring of 1995, aking into
    account cBVijonmsotsd justice constderaricns as well as tecbikal Iwatiwj criteria such as ficodpfein and seismic
    region restrictions. Bnvircamtttal justica, which addresses te dl'ipr^ritoaate fa^act of polhuion on aiBQrity aad
    low-income commuaities, is one of EPA Administrator Cac3 Bravucr''s top priorities, asd several agency source* say
    the upcoming siting c&adards offer the greatest potential for ii.iesrpaftt;aig environmental justice into ftfoladsos.
         EPA earlier thu yew created ths Nadcoal EnvuoiiBWffitw Jiutke Advisory Coweil (NElAC) uader ±e Federal
    Advisory CosaaJsee Act (FACA) to help the ageacy fenuuj&c emd iciolaoent nviroamental justice policy, tfce
    NEIAC is made up of community repttsentttos, aoa-gover-janwa] cffidals, ststt and local govenuuent represefita-
    ovfts and envBonaiental groups, end the commtttte ias a aasibk for developing rccboweadations for
    hazardous waste facility siting standards.
        NEJAC members held tfa«ir third mecin§ last week B. ^/^iaetini, DC and some SPA sources say the conunfe-
    tse did not provide the agency with die annual of input on tifai; Tcrxfards which EPA staff tad hoped fbr, "Hwe
    never was  any worthwhile diseussioas about sitfeg at fl« at^i;,'1 01*3 EPA source says, ad&kg cat NEJAC p«ab«s
    seen to be svuggtfng with their role in «fae proessa of devdufiMf!; environmeBtal justice 'policy sad that "there was no
    consensus on how to advise EPA." Another EPA source 3351 thus tffttr neal>' & year a&d thrtt fflwings the XEJAC
    oewbers jhoukj have had more rwooaueo jationi fbr E?A £ la:fi X^E.-!*'* meeting, but die group "didn't oft about
    anything substantive all day.*
        EPA staff now say bey wilj tikeiy look elsewhere fw cuo.isniws; and rtcofflraendatioBS on feciU^1 sidcg. acting
    oat they hope to have e proposed rule out by spring aad do art «:jnda?ds are "an s«s where we see
    the most potential fbr headway" en environmental justice, tut! ssiff wjat to stiei: so me currftot schedule for getting a
    rule bat But "we were hoping to getcottmecs [from NEMO wtMbtts] a month ago,1" this scarce says, aod "if tfiy
    don't get [facility sitfctj back on theirfectts screen, EPA will wtcd m tsach out for aaoaer nwchasiam besides the
    5ACA" to get reeoBusendatieos, "We caaflot wait for di«i:'i.o pit tack to as," this source says* or the rulenalcicE
    woold.be 8« back by six moptfas.
        NEJAC neobcri say EPA staff niwidemood tb t inwat u* the tneetfeg a&d *a the cammitiee win have
    bfonnative guidance fer m« ageney wdi in 'advance of Ox. 'tropw>, rulemaldnfi on location sandards, and a hi^>>
    level agency souroe says *e NEJAC facility sitiai woritgpaup ^Ul sell be kol^ to fen- !ofc«tatioa. Several NEIAC
    sources cay last week' s meeting was scheduled to discuss it Hcriss c(f ivo^arebing reoonaneadations of which s&ng
   was only one. Ceovcyiag spwifie tithg recornraendatiwas wn^9 sot : the trteot of this TBeetsnB.v ooe NEJAC source
   says, ejcphiniag oat before me group moves on to SpeciSM* ivcusmnyodadoBs neywiQ work to fiaalizc OSWER's
   dnft strategy and set larger pneritias. *l: doesn't melcc t*n» W t«)^ « a smaller ts?^ Uk« shias befiore looking at toe
   big picture," this source cays. One EPA source says the "t! w tepk (of me meeting]  was the overall eavvonraenal
   justice strategy;  siting was cat the mam topic," end while "somc (sciffi] may need to proceed" with the mlenaaking,
   "that's ftte but it's cot the whale picture," Another NE)A ft so*i.»cf believes EPA saff want to look elsewhere for
   information because "they didn't like the answers" mat m« wUsjroup gave then. Tiis source says siting should not be
   a prominent priority for EPA or me NEJAC because not tnanv  indtiistinai facilities are being sited. Funtomen,
   "nobody wants EPA to come in and give as their agenda; tlwy jvst, !MW to sit mere and listen."
        One high'lexl EPA source says, "No one should KIVKK thml: we sre going to avoid talking to the KEJ AC," and
   while "we obviously recognize mat NEJAC is not me ant/ $ouee of input, [BUM: Laws] is commteed te usiag
   NEJAC" as a souree of guidance. This source aUo eaipha^nw 'tot toe intent pf the meetag was "th« OSVER strategy
   and to talk about priorities ih tbe flsarV
*                                                                     INSIDE EPA • November 4, 1994

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ATTACHMENT VII

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December 15 , 1994
        AN OPEN LETTER REGARDING NEJAC WASTE AND FACILITY
         SITING SUBCOMMITTEE POSITION ON SITING CRITERIA
The November  4,  1994 edition of ynp^dfi ^fr  contained an article
entitled "EPA Staff Dismiss Environmental Justice Panel's Input on
Facility Siting."  The article is factually inaccurate and does a
great disservice to the members of  the Subcommittee and  to EPA
staff attempting to address the facility siting  issue  through a
process  where  public  input  from  all  stakeholder,  groups  is
incorporated.  Hence, the undersigned members of the EPA National
Environmental Justice Advisory Council's Waste and Facility Siting
Subcommittee, wish to clarify for the record our position on this
issue.

The members  of the  Waste  and Facility siting  Subcommittee have
labored up to this point to establish a fair, open, systematic/ and
substantive process.  As a  result, we have  begun to formulate an
implementation  framework  for  the   Office  of  Solid  Waste  and
Emergency Response (OSWER) Draft Environmental Justice Strategy and
have identified  priority  issues (i.e., health  needs  of impacted
communities, economic redevelopment of impacted communities in the
context of building  sustainable communities,  and  the siting issue) .
We did  so in consultation with OSWER,  office  of  Environmental
Justice, other EPA staff, and ether NEJAC subcommittees.

Moreover,  the article was  inaccurate  in  its assertion  that the
Waste and  Facility  Siting subcommittee had somehow failed  to be
cognizant of the timelines or would be unable to provide relevant
information for the RCRA Location Standards which OSWER is in the
process of developing.   The author failed to note  the  extensive
discussion on this issue which took place at the first meeting of
the Subcommittee in Albuquerque,  New  Mexico  (August 3-5, 1994) and
out  of  which  individual   comments   were  submitted.    We  also
established at the  last NEJAC meeting an ad hoc working group on
siting which  will provide ongoing comments  for  the  RCRA Location
standards in addition to developing approaches and recommendations
to holistically address the facility siting issue.

It  is  important that  affected stakeholder groups  develop  an
understanding of the siting issues as they relate to environmental
justice as well  as  the process which has  been adopted  by our
Subcommittee to fully address this important question.  Technical
Location Standards comprise only one  aspect of the facility siting
issue, and  we caution that  having  technical standards  does not
address the  facility siting  issue  in any  comprehensive manner.
Moreover,  the fact  that we  are  following  a  certain time schedule
and work   plan  should  not  in  any  way  be construed   as  being
inconsistent  with the  desire of  OSWER Assistant  Administrator
Elliot Laws' to move ahead  on the RCRA Location Standards.  Please
bear in  mind that  this  is  a process which began prior  to the
establishment of NEJAC and is part of a rule-making process.

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We  believe  that we  have thought  through this  work  plan  very
carefully and we recognize the logical progression of these  issue
areas.   We  are  attempting not to  be distracted by attempts  to
change this agenda by those not properly informed.  The very nature
of  the  alleged  comments as they were  reported in  this  article
reveals at best a serious misunderstanding and over-simplification
of  environmental justice,   Environmental  justice  is not merely a
siting issue, as many would like to reduce it to.

We believe that  there are many EPA staff who are sensitive to the
multiple dimensions of environmental justice and the  siting issue.
Hence, we are immensely  troubled by the prominence given to  these
alleged comments.   If  these comments actually were  made,  we hope
the EPA staff responsible would reflect on the profound value  of
public participation and,  specifically, the value  of a consensus
opinion  of  an   advisory body  of  experts that  EPA  officially
convened.

We  feel  that   this  letter  brings  clarity  to  an  admittedly
complicated  issue.    We  believe  that the  last meeting  clearly
indicates  how the  NEJAC process is  evolving into  an  eminently
workable and productive one.  Also, NEJAC Chairperson  Richard  Moore
during the  last meeting  urged that media coverage  cf  the  NEJAC
process be done  in a fair and balanced manner.  We believe  that.
everyone  associated with  NEJAC's  work has  a responsibility  to
ensure that this taxes place.

sincerely,

National Environmental Justice Advisory Council
Waste and Facility siting Subcommittee*

     Charles Lee {Chairperson)
     Nathalie Walker (Sierra Club Legal Defense Fund)
     Sue Briggum (WHX Technologies)
     Jean Sindab (National Council of Churches)
                    - ' •". a, •
    -. -•  • '•' *;-. ~.~'..   '-' ._•'.•?'•'• •
     Michael Fieri©- (Monsanto Chemical Co.)
     Michael Guerrero (Southwest Organizing Project)
     Connie Tucker (southern Organizing Committee)
     Lenny Siegel (Pacific Studies Center)
     Donald Elisberg (Laborers' International  union)
     Velma Velosia (Washington State Representative)
     Jon Sesso (Silverbow Kt. Planning Committee)
     Lilian Kawasaki (LA Department of Environment)
     David Hahn-Baker (Inside-Outside Associates)
     Patricia Williams (National Wildlife Federation)
     Mildred McClain (Citizens for Environmental Justice)
     Fran Dubrowski (Alliance for Justice)
  for identification purposes only

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ATTACHMENT Vffl

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                                                             P.12-
           NEJAC WASTE AND FACILITY  SITING SUBCOMMITTEE
                .  WORK GROUP ON FACILITY SITING
                     D3AFT MISSION STATEMENT

                             1/10/95

Communities   of   color   and/or   low-income  communities   bear
disproportionately high and adverse  human health and environmental
effects  from pollution.    Perhaps  the  most  significant  factor
contributing to this situation is the fact that  facilities emitting
or otherwise utilizing pollutants are disproportionately sited in
communities of  color.
   t

To remedy this  problem, early and informed public comment must be
afforded to potentially impacted communities; appropriate guidance
in terns of siting standards for such facilities must be developed;
and an analysis of "^paet equity"  (determining  what the impacts
from  a  facility  are,  and  who  is  gaining  or  losing  from those
impacts) must become part of the siting decision.

The goal  of the Work Group is  to develop a model  for  early and
informed public comment  and ongoing involvement  about the siting
of a  facility,  and generate  siting standards  that  incorporate
environmental  justice  concerns, including the concept  of impact
equity.

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ATTACHMENT EX

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              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                         WASHINGTON, D-C. 20460
                           DEC 22 J994
                                                           OFFICE OF
                                                      SOLID WASTE AND EMERGENCY
                                                           RESPONSE
Dear  Dr.  Lee,
     Thank you for meeting with us to discuss upcoming activities
of  the  NEJAC hazardous waste siting subcommittee.  I hope you
found the  discussions as worthwhile as we did.  As promised at
the meeting,  I have enclosed a short project description that
outlines what EPA is trying to accomplish in the RCRA hazardous
waste facility siting area.

     We are approaching RCRA facility siting on two fronts.  We
are developing technical location standards at RCRA hazardous
waste facilities.  Concurrently, we are looking at ways to
improve the RCRA facility siting process and dealing with local
community  and environmental justice concerns.

     The approach we are taking in the technical location
standards  addresses environmental hazards with respect to
catastrophic events, irreplaceable natural resources, and
situations where releases result in technically impracticable
cleanup.   The goal of the technical location standards is to
protect "sensitive locations11 where the interactions between the
RCRA facility and the site's physical factors (such.as ground
water,  surface water, geology,  hydrology and topography)  are such
that they  present unacceptable risks to human health and the
environment.   We are defining these "sensitive locations" as
areas where three general .types of hazards can occur:  (1) areas
where hazardous waste treatment, storage, or disposal units could
catastrophically lose their waste contents and wastes become
widespread,  (2)  areas where there is a greater danger that if
wastes were released, they could not be cleaned up due to the
complex nature of the site, and (3)  areas where the'location of a
facility would cause irreparable damage to a sensitive ecosystem
(ie. completely destroy a wetland ecosystem)  or contaminate
irreplaceable  drinking water supplies.

     Our plan  is to propose the technical location standards in
September  1995.   This means that by June 1995, we will need to
have this  regulatory proposal ready for OMB review.  Under this
schedule,  we must resolve issues related to developing these
technical  standards by May.
                                                      Recycled/Recyclable
                                                      Prlnttd ww> Sorte»noi« ink on p*w mat
                                                      cofflttn «least K% neyeM ns«r

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     The approach we are taking under the technical location
standards does not consider all impacts that may be of interest
during the siting ef RCRA hazardous waste facilities.   Because
the siting of hazardous waste facilities poses unique coisaaunity
concerns, the other part of the RCRA facility siting project will
analyze options for more effectively addressing community and
environmental justice concerns.  If we make sufficient progress,
by May 1995, in analyzing any of these options, we anticipate
discussing them in the preamble of the technical location
standards proposed rule.  In any case, we are committed to
analysing options to more fully consider community and
environmental justice concerns during RCRA hazardous waste
siting.

     I have attached a "draft" project description which briefly
outlines the proposed elements of the RCRA hazardous waste siting
project.  We look forward, to working with you as we implement
this project and welcome any comments you may have on this
pro j ect .
                         Sincerely,
                         Vefnon 5.  Myers,  Ph.D.
                         RCRA siting Work  Group  Chair
Enclosure

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                                                              P. 20
     RCRA Hazardous waste Facility siting Project Description


     This  project description identifies tasks designed to
 develop  revised recommendations  on RCRA hazardous waste facility.

 1.  Technical  location standards  to provide federal siting
 regulations for new and newly expanding hazardous waste
 facilities]   update analysis of  the universe of new and newly
 expanding  facilities,  including  specific factors that will allow
 a geographic  siting analysis;  analyze  setback distance for
 explosive  wastes and other  emergency situation that nay occur at
 a RCRA treatment,  storage,  or disposal facilities  (TSDFs}?
 determine  need for developing standards for facilities located in
 air inversion areas.

 2.  siting  process  used by states:  update analysis of State
 siting regulations including analysis of both technical and
 social criteria used by states in making facility siting
 decisions; for States likely to  be siting RCRA TSDFs, look at
 whether  facility, siting requires action of siting boards and what
 criteria if any the siting  boards nay be using to make decisions;
 analysis of the effectiveness/implementability of State siting
 regulations (i.e.,  both regulatory criteria and pre-RCRA siting
 processes).   Determine whether State siting process actually
 resul-ts  in the siting of TSDFs with more protective standards and
 better community acceptance.

 3.   out-reach:   identify stakeholders and hold meetings to get
 input on what public concerns  are with the siting of RCRA TSDF..
 Working  with  community groups  that have shown interest in RCRA
 siting decisions.   Also getting  input from industry and state
 implementors;  work with NGA, ASTSWMO, ECOS, and NEJAC to get
 input on siting options as  we  develop them.

 4.   Siting process used by  other EPA Programs and Other Federal
 Agencies:  analyze how other EPA programs address siting concerns
 and what options these programs  consider.  As part of this
 analysis we will look  at "facility impact analysis" and
 "environmental  impact  analysis"  approaches; analyze criteria used
 by other Federal Agencies in siting to determine their
 suitability to  RCRA siting  decisions.

 5.  Public participation:   analyze comments received on the June
 1994, RCRA permitting  public participation rule; look at public
participation,  with regard  to  state specific siting processes;
explore  opportunities  for more effective public participation.

6.  Use of Title 6s  analyze the use of Title 6 of the Civil
Rights Act to  complement RCRA  in supporting siting criteria,
especially environmental justice concerns,  at hazardous waste
facilities.

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7.  Address risks:  work with ORD to determine applicability of
cumulative risk models for RCRA siting decisions; look at
efficacy of approach that would involve a health survey of 'the
community where facility siting is anticipated.

8.  Develop a recommendations on. comprehensive siting process for
RCRA facilities:  develop recommendations on options for a
comprehensive RCRA hazardous waste facility siting process that
addresses technical, coaummity, and environmental justice
concerns;  use analyses from Tasks 2 through 8 to develop options
that would address siting criteria and implementation issues;
brief senior EPA management on recommendations.

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ATTACHMENT X

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                                                                                P.31
                                                                November 4, 1994

                                  THEEPA's

       BROWNFIELDS ECONOMIC REDEVELOPMENT
                                    PILOTS

       The U.S. Environmental Protection Agency (EPA) is funding eight two-year
 demonstration pilots, at $200,000 each, to encourage economic redevelopment of potentially
 contaminated urban industrial and commercial lands.  The funds are to be used to promote
 safe and appropriate redevelopment of these "brownfields" by pulling together diverse
 community group members, investors, leaders, developers, government at all levels, and
 other affected parties to address the issue of cleaning up and returning properties to
 appropriate, productive use. The Brownfields Pilots will serve as Irving laboratories to
 explore the ways in which redevelopment might work, providing a series of models for States
 and municipalities struggling with such efforts.  Cities, towns,  counties  and Indian Tribes
 that have a demonstrated interest in environmentally sound redevelopment of brownfields are
 invited to apply.

       Findings and experience from these pilots and other elements of  the Agency's
 Brownfields Economic Redevelopment Initiative will serve as a foundation for a national
 EPA strategy to stimulate economic redevelopment through environmental cleanup. The
 strategy will offer direction on successful processes for cleaning up and  returning brownfielda
 to productive use,

 PROBLEM:  The "polluter pays" principle, fundamental to Superfund's success in deterring
 the creation of new contaminated sites, also causes public and private enterprises  to shy away
 from buying land which might already be contaminated. Other federal and state
 environmental statutes often have the  same effect. By  buying land, they become potentially
 responsible parties and may uieur vast amounts of liability for cleaning up the contamination.

      Industrial and commercial ventures may therefore favor the purchase and development
 of a previously undeveloped "greenfield" over the potentially burdensome history of a
 brownfield  site. Consequences include not only encroachment upon our dwindling supply of
 pristine land, but the economic deterioration of previously vital commercial and industrial
 centers in urban cores, Costly infrastructures supporting the old manufacturing cores  are
 abandoned, and new ones  must be built.  Jobs move outward toward the new developments,
and people  who do not follow are abandoned with the land.

      Federal and state environmental statutes generally direct government dollars toward
those sites which present the highest and most immediate risifto human  health. While some
240 of the worst 1,200 sites have been remediated, and well over 2,000 contamination
removals have been completed under Superfund, for example, the universe of potentially
contaminated sites is estimated in the  tens of thousands. The scope of the problem is
massive.

OBJECTIVES OF THE PILOTS:
•  To increase the amount of national environmental cleanup by facilitating appropriate reuse
   of b'ownfields.

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 •  To use environmental statutes as "engines" to promote environmental justice and drive
    local economic redevelopment through environmental cleanup, and to demonstrate the
    validity of the premise that a strong economy and a clean environment go hand-in-hand.
 •  To provide a basis for the development of a national EPA strategy for  the management of
    "Brownfields."

 APPROACH: U.S. EPA has funded three pilots to date ~ in Cleveland, Ohio,  Richmond,
 Virginia,  and Bridgeport, Connecticut. Five more, for a total of eight, will be funded early
 in fiscal year 1995.  (An announcement requesting proposals for these final five pilots will be
 published in  the Federal Register in November 1994.*)' More pilots are simultaneously being
 initiated through EPA Regional offices.  Each pilot project will produce a community
.strategy for assessment and cleanup of environmental contamination.  By the completion of
 each pilot, recipient communities, will have leveraged federal EPA monies to identify
 resources for cleanup and redevelopment of sites, and secured agreements to proceed with
 the public and private parries involved.

       At the same time, the Institute for Responsible Management, working under a
 cooperative agreement with EPA, is working with States, counties, cities, and all manner of
 public and private entities and jurisdictions, to help them share amongst themselves and with
 U.S. EPA the various innovative methods being used to approach the economic
 redevelopment of blighted brownfields.

       Different sites, contaminants, and locations will dictate a variety of appropriate
 responses, and no one approach is likely to be universally applicable.  The National Strategy
 will likely present a toolbox of options for those trying to redevelop contaminated properties.

 To request an application booklet (after December 1, 1994) please call the Supeifitnd Hotline
 ai 800-424-9346.   For other information, contact Crane Harris,  EPA, at 202-260-9292.

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ATTACHMENT XI

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    FEB-06 '95 04: 27PM OSWER SRO                . •        .             p. 33
    i  ;: i.   . : "•<    S1- •. .- • "•:.'              •" -'F?                 .

                   Jiv.<9C S:r.8i       '
                                      (!?C3>
vxEPA       Environmental News
                        RJLZA8E! MONDAY,  AOG08T  22, 1994

          JKTEWDS 1? POND CONNECTICUT AN& VIRGINIA BROWWIEiD PRW8CT8


                                        tuke C.  Hester 202-260-1363

           EPA today said it will  fund pi-lot redevelopment projects at
       abandoned industrial sites,  Xnown as "brovnfields,11 in Richmond,
       Vs., and Bridgeport,  conn.,  contingent upon working out
       cooperative agreements.   Each city would receive  funding of
       $200,000 during the two-year project*.  Th*se location*, in
       contrast to largely ex-urban "greehfields"  which  do not have
       •nviren&ent&l investment  risks, are called  "brownfields" beeaufie
       they have been used for industrial purposes far some tine.   Many
       of the "brovniields" are  inner-city sites shunned by prospective
       developers because of tne possibility of inheriting expensive
       cleanup liabilities.

           The PrownficId Economic Redevelopment  Project is expected to
       provide EPA with demonstrations of ways to  return unproductive
       abandoned urban sites to  productive use. EPA is  funding such a
       project in Cleveland and  plans to fund projects in more than a
       dozen ether cities.

           "These pilots will give EPA the nards-on experience it needs
       to develop tools for revitalizing other communities around the
       country," said Elliott P. Laws, EPA Assistant Administrator for
       the Off ice'of Solid Waste and Emergency Response.

           under tne Brovnfields Redevelopaent Project,  comaunities
       will strive bo find developers who will restore abandoned sites
       and thereby create new jobs  and economic growth,  increase
       property values, stimulate tax revenues and rejuvenate
       neighborhoods.

           All of the "brownfield" pilot projects will  feature
       cooperative efforts between  diverse community groups, investors,
       lenders  developers,  regulators and other involved parties.  Five
       additional projects will  be  awarded competitively by EPA in 199*.

           The areas in Richmond which would be addressed by the EPA
       Bilot have been designated a State Enterprise Zone, a status
       Shieh required, among ether  things, evidence of distress factors,
       including population loss, a high percentage of low to moderate

                                   -more-
       R-2CS

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                                -2-

 incorae persons/ loss of business and industry and vacant and
 under-utilized commercial and industrial properties.   Richaond
 has-indicated that the EPA $200,000 grant would be used to cover
 project management and consulting services for technical
 assistance directly related to site specific environnantal
 assessments and comparative industrial real estate narfcet
 research.   Development of a property recycling strategy is
 planned for each site addressed under the pilot.

      in Bridgeport,  the city would begin by using  SPA  funds  to
 develop an inventory of the land which is available for
 redevelopment.   The properties  would be placed  in  categories and
 priorities based upon the degree of  reclamation work necessary.
 specific -obstacles to redevelopment  would be  identified.
 Estimates  would be made as to cleanup  tine  required, potential
 processes  to be used and availability  of  funds.  Demonstrating
 how to  i&ake this land attractive for redevelopment would be  the
 next  step,  for  which two to  six  locations would be selected  as
 models.  Municipal and state  agencies  for economic development
 and environmental  protection  would work, with EPA to identify
 appropriate levels of cleanup tailored to planned future use and
 the risk posed  to  surrounding coamunities.

      EPA expects to  finalize  the cooperative agreements with
Bridgeport  and  Richmond  and formally award the grants in the next
 few weeks,-   •  .
R-20S

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ATTACHMENT XII

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 >ERr\      The Brownfields  Economic Redevelopment Initiative:

            A project to help communities revitalize abandoned contaminated property

                           "Economic developme.nl and environmental protection must go hand tn hand."
                                                                                              CsaAM. Browner. Adnm&Cnlnr. Emfrofiminlll ProtoelfonAgint^.
                                                                                              Announcing the Ctoirabfri Bnnvn(Br.lib Pttoi an Navcmhar H. 1393
                               Thr U.S. Environmental Protection Agency's (EPA'sJ Browiifields Economic
                               Redevelopment Initiative announces a competition to select five new national pilot
                               dciiionslmilons. EPA's Tkowhfielda InfUbUfc MVn ojrganlzcd commitment to help
                               communities revitalize abandoned jron^niiltiu^properties, and to thereby
                               dlmlnate potential health risks" and ire^oJ^cjaofenUc vttailty to areas where these
                               properties exist. Three national fdiot projects'already have beeji awarded.
Objectives
Build the capacity of affected
and Interested parties to shape
how contaminated sites are
cleaned npaiul productively
reused.

SlinnitaU- a n;iilnn;il srarrh for
Innovative w;»ys Id nvrrc-oine the
current nhsl;ti Irs to tlir  reuse uf
contaminated, pniprrl Irs.

Coalesce federal, stale, and
municipal efforts to. examine new
approaches to achieving cleanup
and reuse.

Explore Ihe'potential for
combining an economic stimulus
iiiwt a spKeded-up environmental
cleanup to contribute ti»
achirvinj* environment »l Justice.
                                                   The Challenge
                           •- .. ••• '     tit"  4
Fact;                      . " ..V   .-,•-".  :,.-'
  With as many as 100.000 sites potentially requiring evaluation under federal or
  stair Superfund programs, hundreds ol local, state, and tribal governments and
  their citizens Inevitably will have (o deal 'with contaminated properties.

fact:                             .   i        '• '•; .:      -   ''
  The "polluter pays" principle, fundamental lu Supcrfuud'a^ successIn.deterring
  the creation of new contaminated sites, baa caused public'and private investors
  to shy away from buying and cleaning up land which may be contaminated.

Fact:                                               . -   '.
  Fear of that liability drives Investors toward undeveloped "greenflelds." 'flic
  result can be a diminished supply of pristine land and economic decline in
  industrial -and urban centers, ndlh are detrimental r~ '** ^^—'*' ~
                                                    The Response
    Who Should Apply?
Cities, counties, towns, states, anil
Native American tribes.
                                                                                                      Evaluation Criteria
                                                                                                                                1C
                                                                                                                                w
                                                                                                                                I
                                                        .         .         ,.     ,.
                         Tliese BrownOelds PllolB (lo be funded at f 200.OOO each over Mo years) will test
                         redevelopment models, dlrecl special efforts toward removing regulatory barriers
                         willintil siu-rificitifi pmterllvcnesK. »nd farllitnte coordinated efforts al Ihr federal.
                         st;ilr .m*l l»i'jd Irwls KI'A will dCvrlnp ;i fcmrdinatrtl fctlikral slmlf/g/ tn help
                         ir ill Mir * ••ittntlb .mi ruitiiin.il rll«nl In i Iran up ami redevelop hniwoftelits. •
• Demonstrated commitment of
  public and private leadership to
  brownflftlds redevelopment
* Plans for effective community
  Invnhrcment
• Clear delineation of how federal
  support will make a dlffei ence
• Potential Tor national replication
• Government support and
  technical, legal, and political
  capacity to complete goals
• Clearly outlined potential souirrs
  of cleanup funding
• Contributions to environmental
  justice, goals
• Well defined approach to
  environmental assessment
                                                                                                                                       TD

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FEE 05 '95  04:28PM- OSUER SRC
        Yes, I would like to receive en application for a
               Brown fields Pilot Prefect
    Name
    Organization J.L

    Address •	
    City/Stats/Zip.
Phone,
                    a
                    A



                    I
     SE-9 _:
       Vd3
      ClVd S33;
     f s^VlSOd
     aivu xms
                                                            52-0'OEZ6
                                                              occs
   4>EPA  The Brownfields Economic Redevelopment
            Initiative

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ATTACHMENT XHI

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                 STATEMENT OF ELLIOTT P. LAWS
       ASSISTANT ADMINISTRATOR, OFFICE OF SOLID WASTE
                   AND EMERGENCY RESPONSE
            U.S. ENVIRONMENTAL PROTECTION AGENCY

          FIELD HEARING OF THE NORTHEAST/MIDWEST
                   CONGRESSIONAL COALITION
                   PITTSBURGH, PENNSYLVANIA
                               ON
              "REUSING OLD INDUSTRIAL PROPERTY1

                          December 9, 1994
 Introduction

      Good Afternoon.  My name is Elliott P. Laws.  I am the Assistant
 Administrator of the Office of Solid Waste and Emergency Response (OSWER)
 at the U.S, Environmental Protection Agency. I want to thank Congressmen
 Klink,  Coyne,  Mollohan  and  the    distinguished  members . of the
 Northeast/Midwest Congressional  Coalition for inviting me here today to
 speak on this most important topic of brownfields redevelopment

      The Clinton Administration is focusing a great deal of energy toward
 finding ways to promote sustainable development and job creation. We firmly
 believe  that  environmental cleanup  is  a building block  to economic
 development, not a stumbling block -  that restoring contaminated urban
 property can go hand in hand with bringing life and vitality, to a community
 through jobs, an ™**ane*«i tax base, and a sense of optimism about the future.
 Brownfields redevelopment involves some of the critical issues of oar time -
 urban sostainabiHty — protection of human health and the environment —
 environmental justice and its dose ally, public participation.
            *
     In our view, a "brownfield* site can be described as a former commercial
or industrial site  which remains abandoned due at least in part to the
uncertainty of environmental liability under Superfnnd or state cleanup laws.
Far too frequently, sites which once provided the heartbeat of economic vitality
and jobs to  thriving communities have been abandoned for fear of the

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 contamination which might be present  These sites  are shunned by new
 industry and prospective developers who are understandably afraid they might
 inherit exorbitant cleanup liabilities for contamination they did not create,

       Thus the dilemma of brownfields Is the flipside of one of the Snperfnnd
 law's greatest strengths. At the same time that the doctrine of "polluter pays."
 has prevented untold  amounts of fixture  pollution  by making American
 companies liable for what they do to the land, it has scared developers away
 from cleaning up and using already contaminated land.

       EPA's Brownfields Economic Redevelopment Initiative is designed  to
 turn that phenomenon around-, to encourage economic redevelopment through
 environmental cleanup*  This will help communities eliminate potential health
 risks,  improve the standard of living, and help restore economic vitality  to
 areas  where these sites exist,

      We are demonstrating our commitment to this issue fci four significant
 ways:

 (1) National Pilot Demonstrations and Stakeholder Outreach. As a first step
 in  developing  policy,  EPA has  established  a  series of  national  pilot
 demonstration projects across the country.  We have started pilot programs
 in Cleveland, Ohio, Bridgeport, Connecticut and Richmond, Virginia; and will.
 be  announcing five  more during  the coming year.   We recognize  that
 Brownfields redevelopment is truly a local issue.  Its impact on the affected
 communities is so great, and so complex, that to develop policy first and ask
 questions later would almost ensure failure, Thus, we are also soliciting input
 from various stakeholders at every level

 (2)  Environmental Education/Job Trailing*  We are  helping to promote
 environmental education/jobs training programs in local community colleges
where potential brownfields redevelopment exists. This will help ensure that .
local communities will derive the most benefit from the jobs generated by
environmental restoration work.

(3)   Interagency Partnerships.  We are coordinating our efforts wijth other
Departments and Agencies at the federal  level,  including  the Economic
Development Administration la the Department of Commerce, the Department

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  of Housing and Urban Development, and the U.S. Department of Agriculture.

  (4) Legal and Administrative Reforms.  Finally, we are attempting to remove
  the legal obstacles to cleanup of contaminated properties in oar ongoing effort
  to make both legislative and administrative reforms to the Superfund program.
  EPA's Pilot Program and Stakeholder Outreach

       A key element of EPA's  Brownfields Initiative  is its national pilot
  demonstration program, which allows affected and interested parties to explore
  the issues and cleanup challenges unique to urban redevelopment The first
  pilot was launched in Cleveland  late last year.  The first of three sites  in the
  city have been identified, regulatory barriers have been overcome, and clean
;  up is poised to begin this spring.. Some 138 jobs will be saved as a result of
  action at this site.  Negotiations are moving forward on the two additional sites
  in the city. At the same time, the State of Ohio this year passed a voluntary
  cleanup law, but most of the regulations governing the implementation of that
  law will not be ready for at least another year* The Cleveland pilot, then, has
  assumed even greater importance, for it will provide perhaps the only vehicle
  for testing but the effectiveness of the new laws' provisions.

      This past August, EPA designated two additional cities as national pilot
  program recipients - Richmond  and Bridgeport EPA is first working with
  both  dties   and  their respective  State  environmental   and  economic
 redevelopment agencies  to develop an inventory of potentially contaminated
 but reusable sites.  Appropriate levels of cleanup will be identified at selected
 sites,  tailored to planned future use and  the risk  posed  to  surrounding
 communities.  Both pilots will  test innovative  approaches to  community
 involvement in cleanup and reuse decisions.  Ultimately the cities wfll have in
 place an ongoing mechanism for identifying and marketing contaminated sites
 which have the potential to be cleaned up and put back to good use.

      In addition to the three existing  pilots, EPA  (as announced in the
 Federal Poster last month) is accepting applications for and  wfll soon be
 selecting five new national pilot demonstrations.  The applications will be due
 fay March  1* 1995; and the selections will be announced by Jury X 1995. The
 level of interest expressed thus Car has been remarkable - a reflection of the

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 growing  excitement across the country about the potential of brownSelds
 redevelopment                                                 .  J

       In  fact, EPA Is also in the process of forming partnerships  with key
 national  and state representatives on this issue. The list of such stakeholders
 is long and growing: the Northeast/Midwest Congressional Institute, the U.S.
 Conference of Mayors, the National Urban League, the National League of
 Cities, the National Wildlife Federation, as welt as oar co-regulators  in the
 Association of State and Territorial Solid Waste Management Officials, the
 National Governor's  Association, the National Association of Attorneys
 General and  other state representatives.

      We recognize, however, that redevelopment is ultimately a local issue.
 States and  municipalities have been-wrestling for some time with Issues of
 redevelopment  Some exciting stories are  beginning to  emerge about the
 possibilities inherent in accelerated cleanup activity and significantly enhanced
 redevelopment*   including  some  economic  progress   hi  areas   where
 redevelopment has been most difficult We have learned, though, that there
 is no single best approach that can be applied in every situation. One  of the
 most helpful  roles EPA can play is as a contact point, keeping the various
 state and local parties in touch with one another, so each can learn from the
 other's successes and tribulations.

      Under an EPA  cooperative agreement designed specifically for this
 purpose, the Institute for Responsible Management is opening a dialogue with
 states and cities and other local stakeholders.  It will puO some of them
 together to examine different approaches and compare notes on what may
 work in the redevelopment of brownfield sites.  Bankers, lenders, developers,
 local elected  officials,  community representatives, environmental Justice
 organizations  - all wiH be participating in future stakeholder meetings.

      Finally, EPA's ten regional offices are also  undertaking brownfields
 initiatives. An example of these regional efforts is Region HFs intent to award
 a brownfields redevelopment grant to the city of Pittsburgh. Under the terms
 of the cooperative agreement, which is expected to be signed next month,
 Region m will be independently funding projects in Pittsburgh (as well as in
Philadelphia)  over a  two-year period.  The  lessons we learn  from the
brownfields pilots and regional initiatives, combined with our new partnerships

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  and  stakeholder input, will help us  to  develop  a national strategy on
  brownfields redevelopment.              .                        .
                              Training
       Concurrent with its other efforts,. EPA recognizes the need to promote
 environmental workforce training programs in commnnities throughout the
 country. The gap between the demand for environmental workforce training
 and the ability of educations] institutions to respond to that demand is
 growing. Commitment to a knowledgeable environmental workforce
 requires a commitment to locally-delivered training.

       This philosophy is good for Superfund cleanup objectives and it's food
: for commnnities.

       EPA believes that oar nation's community colleges are uniquely situated
 to provide the infrastructure to develop and implement job training initiatives.
 Along these lines, we currently provide funding to the Hazardous Materials
 Training and Research Institute (HMTRI), as administered by the Eastern
 Iowa Community College District, to develop hazardous material training and
 curriculum.  This program  is being expanded for implementation by other
 community colleges.  It will be conducting a training workshop next month for
 10 more community  colleges, including those located near Brownfields
 pilot sites.

      In the greater Cleveland area, EPA also funds the Cuyahoga Community
 College Center for Environmental Education and Training to educate and train
 the local Cleveland workforce to participate in the clean-up of local brownfields
 sites.

   .  And at Rio Hondo Community College, in Whittzer, California, EPA is
working with College officials to develop job training programs in hazardous
 and solid waste management targeted to Hispanic female heads of households,
 a population that has been left out of the local economic mainstream.

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       Finally, thanks to an innovative legislative mandate, EPA is funding a
 new worker training program hi the Research Triangle of North Carolina
 which seeks to attract inner city minority youth into  the employment
 mainstream.  This will create comprehensive  programs implemented by
 National Institute for Environmental Health Sciences wnich wfil focus not only
 on job skills, bat a wide  range  of related activities that will help ensure
 employment success.
            Parner hi
      There is a strong commitment to economic redevelopment across the
 federal government, and  EPA is working to create  a coordinated  federal
 response on forownJSelds,   Our vision, is to provide a much higher level of
 service to blighted local communities by better edGrdioad&g Federal resources.
 Interagency partnerships are vital to the success of the Brownfields Initiative.
 EPA is  in the  process of forming such partnerships with  the Economic
 Development Administration in the US Department of Commerce.  EDA has
 worked with city governments for years on these issues so that its participation
 will greatly enhance oar efforts by bringing expertise into the planning phases
 of future brownfzelds pilot work.

      Most importantly, our vision is to provide a nraeh higher level of service
 to blighted local communities by better coordinating Federal resources.

      This summer, EPA participated on a support team to work with the U.S.
 Department of Housing and Urban Development and the U,S, Department of .
Agriculture in the interagency selection process for the Empowerment Zone
 and Enterprise Communities. The programs are designed to demonstrate that
 sustainable development is possible by linking redevelopment and job creation
to environmental improvement and responsible stewardship.
                                                               i
      EPA has not only worked to advise the two awarding Departments about
the environmental considerations in the applications, bat will also work wiih
those communities that win Empowerment Zone or Enterprise Community
status to help ensure the environmental sustainability of their activities.

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  Leislative/Administrative Reforms in Snerf
              we need legislative reform in Superfimd to allow brownfields
 redevelopment  to truly  flourish.   In  the last session  of Congress, the
 Administration proposed several important changes to the Superfund law to
 stimulate brownfields redevelopment These included:

       .   Encouraging owners to cleanup a site voluntarily, by
       recognising and encouraging state voluntary cleanup programs. EPA has
       already given grants of $250,000 to Minnesota and Washington State to
       develop and implement voluntary deasup programs. The Saperfund
       Reauthorization bill would have provided up to $20 mfltfon a year for
       three years to do more of the same*

       - Instituting national deamip goals and generic remedies to
       eliminate the need for site specific analyses of recurring
                   and cleanup scenarios*
      • Providing a bona fide prospective purchaser with an
      exemption from liability if the purchaser cooperated with the efforts to
      cleanup the site, does not contribute to  the site's  contamination, and
      exercises due care  to ensure  the  existing  contamination is not
      aggravated.

      • Revising the remedy selection process so that remediation
      efforts are appropriate for the site's anticipated future land use
      industrial v. residential)*
      .  Exempting fin*™**^ institutions from liability if their
      connection to the site is only collateral for a loan.

      -  Offering potentially responsible parties the option of settling
      their Superfund liability  in such  a way  that their obligation  is
      commensurate to their contribution to the site*

      We will work with the new Congress in our continual efforts to, reform
the current Superfnnd law. In the meantime, EPA win explore administrative
Superfund reforms.

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                                      8

       -  EPA recently developed a draft Guidance on soil screening levels
       which will reduce the need for site specific analysis prior to cleanup.

   -    -  We hare also developed guidance on presumptive remedies
       for recurring contaminants and  cleanup scenarios, which will help to
       circumvent the sometimes long and time consuming remedy selection
       process.

       •  EPA's  Regional  offices are exploring ways  to provide prospective
       purchasers with a level of assurance that sites cleaned op under State
       authority are hffi?y unlikely to receive any further attention from EPA.
       This  is not the same thing as a formal  release  from liability or a
       covenant  not  to  sue, however,  we think it will assist prospective
       purchasers and lenders in ascertaining the extent  of  their liability
       exposure.

       - We will continue to encourage and provide technical support for state
      voluntary  cleanup programs.  About 20 such programs exist at the
      current time.

      However, our authority to make fundamental changes to the Superfund
 program in the area of purchaser and lender liability exemptions - two of the
 major barriers to economic redevelopment - is, frankly, limited by the current
 statute.
      I am confident that the Brownfields Initiative and Saperftind
administrative improvements will lower many of the barriers to reclamation
and redevelopment of urban lands by reducing disincentives to buying and
selling weU remediated properties;  by facilitating voluntary cleanups to put
land back Into use; by increasing predictability and consistency in the process
used  for  determining  the  level of cleanup required, and by introducing
procedures that will lead more quickly to cleanups  more appropriate for the
site and its jfntnre use.   .

      EPA is charged with protecting human health and the environment

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That does not mean we need to be the spoiler of the redevelopment, of
abandoned industrial property* After all, land redevelopment is one of the
most important forms of recycling around. Brownfields redevelopment should
not only lead to cleaned up inner city properties and  preservation of our
remaining green spaces, but should also stimulate local economic growth and
thereby help reverse the cycle of decay which endangers  our urban centers.

     The recycling of inner city properties is, at heart, a local process.  EPA
is trying  to  find ways to  keep federal legislation and  regulations from
interfering in that process where possible, and we look to you  here for
guidance on what else we should be doing.

     Above all, we want to expose the fallacy that a dean and healthy
environment Is the enemy of a growing and robust economy.  The economy and
the environment can - indeed, JSSSH — co-exist  Brownflelds redevelopment is
living proof that the two go hand-in-hand.

     Thank you for the opportunity to be a part of your discussion of this
important issue.

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