UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
SEGE
SEP 2 3 1994
1
SEP 2 I i994
U.S. EPA. REGION V
WASTE MANAGEMENT DIVISION
OFFICE OF THE DIRECTOR
MEMORANDUM
OFFICE Of
SOLID WASTE AND EMERGENCY
RESPONSE
OSWER Directive No. 9200.3-17
SUBJECT: Integration of Environmental Justice'Into OSWER Policy,
Guidance,and Regulatory/Development •
FROM: Elliott P. Laws
Assistant Adminis
TO: Addressees •*"'.
PURPOSE
It is OSWER's policy that environmental justice be
considered as an integral part in the development of all OSWER
policies, guidances and regulations. This directive carries out .
a recommendation in the OSWER Environmental Justice Task Force
Draft Final Report. It reflects my firm commitment to achieve
the environmental justice goals of the President and the
Administrator.
BACKGROUND
Executive Order 12898, "Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations", directs each Federal Agency to "make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse
human health and environmental effects of its programs, policies,
and activities on minority populations and low-income
populations...". In response to the Executive Order and to
concerns voiced by many groups outside the Agency, the OSWER
Environmental Justice Task Force was formed to analyze the array
of environmental justice issues specific to waste programs and to
develop an overall strategy to identify and address these issues.
This is presented in the OSWER Environmental Justice Task Force
Draft Final Report. April 25, 1994. One issue identified by the
Task Force was the need to ensure that attention is focused on
environmental justice in policy, guidance and regulation
development. To address this issue, the OSWER Environmental
Justice Steering Committee recommended that this directive be
issued.
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DISCUSSION
Environmental justice issues should be considered at all
stages of policy, guidance and regulation development, beginning
with preliminary efforts. Staff should first evaluate the
subject matter for the-possibility of disproportionately high and
adverse impacts on minority and low-income communities.1 -Offices
may wish to develop methods for determining which are the most
important topics requiring consideration of environmental
justice.
Where environmental justice concerns or the potential for
concerns are identified, staff should conduct an appropriate
analysis of the issue(s). To the extent practicable, staff
should evaluate the ecological, human health (taking into account
subsistence patterns and sensitive populations) and socio-
economic impacts of the proposed decision-document in minority
and low-income communities. Examples include how a policy on
future land use would impact minority or low-income communities
versus non-minority, affluent communities, or how subsistence
farming or fishing patterns relate to risk-assessment policies.
This could include the development and evaluation of various
options, taking into consideration the pros and cons of each
option. This analysis should be documented and retained for
public availability.
At all critical stages of development, there should be
meaningful input from stakeholders, including members of the
environmental justice community and members of the regulated
community. Federal, state or local government agencies may also
be stakeholders and should be consulted, as appropriate.
A guideline for identifying communities which may need
particular attention regarding environmental justice concerns is
being developed and will be issued shortly. This guideline will
present a variety of indicators of environmental justice concerns
and should be used to facilitate this evaluation process.
IMPLEMENTATION
When policies, guidances and regulations are sent forward
for my signature, that of the Deputy Assistant Administrators, or
that of the Administrator or her Deputy, the transmittal
memorandum or "action memorandum" that accompanies them should
document the actions that have been taken to carry out this
directive. Specifically, these memoranda should describe the
issues that liave been identified, the options that have been
developed and analyzed, as well as any consultation that has been
conducted. They should describe comments that have been received
and how issues were resolved. I have asked the Policy Analysis
and Regulatory Management Staff to help assure that OSWER is
consistently documenting these efforts.
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Documents developed for the Office Director's or other
signature should be reviewed by the .environmental justice
coordinator in that Office. Office Directors have a personal
responsibility to ensure the implementation of this directive.
Each Office should develop its own implementation process.
Similarly, the Waste Management and the Environmental Services
Division Directors in each of the Regions should ensure that
someone is assigned to review documentation of efforts to
implement this directive.
CONCLUSION
This directive plays an important role in OSWER's part of
the Agency's mission to achieve the goals of educating and
empowering affected communities and attaining environmental
protection for all. Additional guidance will be forthcoming to
assist the programs and Regions in addressing environmental
justice issues and concerns. With the continued commitment of
each of us, I know that we can accomplish these important goals.
Addressees: Director, Office of Emergency and Remedial
Response
Director, Office of Solid Waste
Director, Office of Underground Storage Tanks
Director, Superfund Revitalization Office
Director, Technology Innovation Office
Director, Chemical Emergency Preparedness and
Prevention Office
Directors, Waste Management Division
Regions I, IV, V, VII
Director, Emergency and Remedial Response Division
Region II
Directors, Hazardous Waste Management Division
Regions III, VI, VIII, IX
Director, Hazardous Waste Division
Region X
Regional Counsel
Regions I-X
Directors, Environmental Services Division
Regions I-VIII, X
Chief, Environmental Services Branch
Region IX
cc: Tim Fields, OSWER
Jean Nelson, OGC
Lisa K. Friedman, OGC
Clarice Gaylord, OEJ
Greg Mertz, OSWER
Margaret Schneider, OSWER
Betty Bailey, 0AM
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