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).
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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.
Health and Research Subcommittee Page 3
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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
Health and Research Subcommittee Page 4
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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
Health and Research Subcommittee Page 5
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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."
Health and Research Subcommittee Page 7
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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.
Health and Research Subcommittee Page 9
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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.
Health and Research Subcommittee PaSe 10
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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.
Health and Research Subcommittee Page 11
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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
Health and Research Subcommittee °aSe
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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.
Health and Research Subcommittee Page 13
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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
Health and Research Subcommittee Page 14
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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
Health and Research Subcommittee Page 15
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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.
Health and Research Subcommittee Page 16
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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
-------
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
-------
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 environmentand
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.
EPA Draft Environmental Justice Strategy
January 1995 18
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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.
EPA Draft Environmental Justice Strategy
January 1995 19
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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.
EPA Draft Environmental Justice Strategy
January 1995 20
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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.
EPA Draft Environmental Justice Strategy
January 1995 21
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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,
EPA Draft Environmental Justice Strategy
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.
EPA Draft Environmental Justice Strategy
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.
EPA Draft Environmental Justice Strategy
January 1995 24
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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.
EPA Draft Environmental Justice Strategy
January 1995 26
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Integrate Environmental Justice
EPA Draft Environmental Justice Strategy
January 1995 27
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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
EPA Draft Environmental Justice Strategy
January 1995 28
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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 facilitieslandfills,
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)
EPA Draft Environmental Justice Strategy
January 1995 29
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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
EPA Draft Environmental Justice Strategy
January 1995 30
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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
EPA Draft Environmental Justice Strategy
January 1995 31
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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
EPA Draft Environmental Justice Strategy
January 1995 32 '
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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.
EPA Draft Environmental Justice Strategy
January 1995 33
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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.
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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.
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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.
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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.
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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;
Waste and Facility Siting Subcommittee
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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
Waste and. Facility Siting Subcommittee
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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
Waste and Facility Siting Subcommittee 10
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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.
Waste and Facility Siting Subcommittee ! . , 11
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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.
Waste and Facility Siting Subcommittee 13
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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."
Waste and Facility, Siting Subcommittee 14
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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
Waste'and Facility Siting Subcommittee 16
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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
Waste and Facility Siting Subcommittee 17
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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.
Waste and Facility Siting Subcommittee 18
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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
Waste and Facility Siting Subcommittee ' . 19
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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
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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
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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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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 communityan 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.
-------
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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