United States Office of Pollution March 1998
Environmental Protection Prevention and Toxics Vol. I EPA 745-S-98-001
Agency Washington, DC 20460 Vol. II EPA 745-R-98-004
OPPTS MEETING ON
ENVIRONMENTAL JUSTICE
U.S. ENVIRONMENTAL PROTECTION AGENCY
CHICAGO, ILLINOIS
JULY 16, 1997
VOLUME I: SUMMARY OF MEETING
VOLUME II: REPORTS AND MINUTES
Submitted to:
U.S. Environmental Protection Agency
Office of Pollution Prevention and Toxics
Environmental Assistance Division
401 M Street, SW
Washington, DC 20460
Submitted by:
Science Applications International Corporation
Environmental Health Sciences Group
11251 Roger Bacon Drive
Reston, Virginia 20190
EJBD
ARCHIVE
EPA EPA Contract No. 68-W6-0069, WA No. 2-05
745- SAIC No. 06-6312-08-3279-000
R-
98-
004
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Table of Contents
Foreword i
Preface ii
Volume I: Summary of Office of Pollution Prevention and
Toxics Meeting on Environmental Justice I-1
. Volume II: Reports and Minutes, OPPTs Meeting on Environmental Justice n-1
OPPT/Office of Regional Operations and State and Local Relations
Marylouise Uhlig, Presentation n-1
Questions, Answers, Comments II-1
OPPT
William Sanders, Presentation n-3
Questions, Answers, Comments n-5
Office of Pesticide Programs/Geographic and Information Systems
Kennan Garvey, Presentation H-6
WPS National Dialogue Handout H.-10
Environmental Justice Handout II-16
^
Region 1, Office of Ecosystem Protection
Marv Rosenstein, Presentation n-18
Region 2, Division of Enforcement and Compliance
Assistance/Pesticides and Toxic Substance Branch
Dan Kraft, Presentation n-23
Region 3, Air, RCRA, Toxics Division/WCMD
JohnRuggero 11-30
Environmental Justice Handout 11-30
Comments in Addition to Handouts n-36
Questions, Answers, Comments n-37
Region 4, Air, Pesticides, Toxics Management Division
Winston Smith and John Kutzman, Presentation n-3 8
Questions, Answers, Comments - Winston Smith 11-40
Questions, Answers, Comments Jim Kutzman 11-41
-**:
Region 5, Wastes, Pesticides, Toxics Division
Norm Niedergang and Phyllis Reed JJ-42
Region 5 Interim Guidelines for Identifying and Addressing a
Potential Environmental Justice Case Handout U-42
Frequently Asked Questions Related to the Interim
Environmental Justice Guidelines Handout JJ-46
Environmental Justice Geographic Information
System Request Form Handout U-51
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Environmental Justice and Enforcement Protocol Handout n-53
Environmental Justice and Permitting Protocol Handout n-58
Environmental Justice and Community Involvement 11-60
Handout
Comments by Norm Niedergang in Addition to Handouts n-62
Questions, Answers, Comments Norm Niedergang n-63
Comments by Phyllis Reed in Addition to Handouts n-63
Questions, Answers Comments Phyllis Reed n-63
Region 6, Compliance Assurance and Enforcement Division
Gerald Fontenot and A.M. Davis n-64
Environmental Justice Index Methodology Handout n-64
Comments by Gerald Fontenot in Addition to Handouts H-79
Region 7, Air, RCRA, and Toxics Division
Karen Flournoy, Presentation H-82
Region 8, Toxics Program
Debbie Kovacs U-83
Environmental Justice Handout n-83
Environmental Justice Grants Program Summaries HandoutD-86
Comments in Addition to Handouts 11-103
Region 9, C-MD
Laura Yoshii H-104
Environmental Justice Strategy H-104
Environmental Justice Strategy, Cross Media Division U-105
Environmental Justice Strategy, RCRA Program JI-113
Environmental Justice Strategy, Superfund II-119
Environmental Justice Strategy, Air Division II-131
Environmental Justice Strategy, Office of Strategic U-138
Planning and Emerging Issues
Environmental Justice Strategy, Water Division JI-142
Environmental Justice Strategy, Office of Communications
and Government Relations JJ.-146
Environmental Justice Strategy, Toxics Section U-148
Environmental Justice Operating Plan U-149
Environmental Justice Community Grants U-157
Comments in Addition to Handouts n-163
Region 10
David Croxton, Presentation II-164
Comments in Addition to Handouts II-165
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FOREWORD
The Environmental Protection Agency's environmental justice strategic principle states that
"...we shall seek to address and correct the disproportionate burden that certain environmental hazards
impose on economically disadvantaged Americans." Toward that goal, the Office of Prevention,
Pesticides, and Toxics (OPPTS), both at headquarters and in the regions, is making progress via the
Pollution Prevention/Environmental Justice grants program, Brownfields work, a wide variety of
community-based programs, the Common Sense Initiative, the Agency's Children's Initiatives, and
the Community Right-to-Know program, as well as strong efforts to integrate the basic tenets of
environmental justice into the day-to-day operations of all OPPTS programs.
In July 1997, OPPTS convened a meeting with senior regional managers charged with OPPTS
programs to showcase successful regional environmental justice programs and projects and, thus, to
learn from each other. It is our strong belief that the exchange of information that occurred at that
meeting will strengthen these programs, focus future efforts toward environmental justice goals, and
give all concerned information about what has worked and what has not.
I would like to thank everyone who attended the meeting in Chicago, and applaud their hard
work and their commitment to environmental justice.
William H. Sanders HI, Dr. P.H., P.E.
Director, Office of Pollution Prevention and Toxics
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PREFACE
What follows is a frank and open discussion on the practical aspects of implementing
Environmental Justice programs in EPA, including institutional as well as existing attitude
barriers, challenges, and concerns. Although aimed at programs that were the subject of the
workshop, participants recognized the discussion to be applicable to EPA in the broader context.
Hence, the discussion may be of interest to the more general audiences in EPA and the state
agencies that are implementing EJ programs and projects.
There are several important issues that face OPPTS and its EJ program. First, it is
important to understand that Environmental Injustice does NOT mean that environmental
problems must result from deliberate discrimination. It is not necessarily about prejudice, but is
instead a new way of doing business that creates fairness in the environmental risks everyone
must face and the empowerment of all the people to have a fair say in what is done to their
environment. The disproportionate burden of multiple and cumulative risks on vulnerable and
economically disadvantaged populations is an environmental injustice that must be proactively
addressed.
EJ must be understood in the context of public health and quality of life issues in addition
to the protection of natural resources. It must emphasize local solutions with multiple partners
that have economic benefits, wherever possible. It must foster a sense of ownership of the
environment among community residents.
There are significant barriers to be overcome. Prominent among these is the issue of trust.
EJ communities have no reason whatsoever to trust any level of government. To overcome this,
we must be IN the community as partners; we must listen to THEIR concerns for THEIR
environment, even as we educate and raise awareness for other threats we know about. We must
bring resources to the table, and demonstrate our willingness to use our influence to leverage
other stakeholders, including state and local government and the private sector, to join us for
partnering and resources. We must build community capacity so that residents or their
representatives are included in environmental decision-making throughout this process.
Another formidable barrier is EPA's organizational culture. Even for the great majority of
our workforce, it is important to dispel some misconceptions about EJ, including: it won't make a
difference what EPA does because of other problems, such as crime and poverty; and residents in
EJ communities do not care about their environment.
In addition, we need to face the fact that some small portion of our staff do not share our
EJ goals. We must work around anyone who is a significant obstacle or recruit support higher in
that person's chain of command. Confronting such people has not, does not, and will not work.
Another attitude that needs adjusting is that this work does not fit within EPA's job
description. But, our mission IS to protect public health and the environment EVERYWHERE,
not just where there are pristine natural resources to protect and not just where we have statutory
authority. Yet another misconception is that EJ is extra work. It is not; rather, it is a guiding
principle that must be institutionalized everywhere hi the Agency and considered hi the
prioritization of ALL our work and the development of new ways of doing our business.
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Finally, we need to address our own staffing needs. We need to proactively recruit a more
diverse staff. We must value strong interpersonal skills as highly as technical competence. We
have to be in the community as partners, not sitting behind our desks. And, in addition, we must
adjust to the fact that our measures of success for EJ are going to be different than those to which
we have become accustomed as we partner with multiple stakeholders to proactively and jointly
address environmental threats hi EJ communities.
These issues must be faced before we can hope to be successful in addressing
environmental injustice. It is no longer enough for us to "know" and "do;" now, we must also
"listen," "learn," "help,?' "partner," and "leverage."
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OPPTS REGIONAL DIVISION DIRECTORS
ENVIRONMENTAL JUSTICE MEETING
U.S. ENVIRONMENTAL PROTECTION AGENCY
CHICAGO, ILLINOIS
JULY 16, 1997
Summary
Background
The Office of Pollution Prevention and Toxics alone has awarded more than $10 million in
environmental justice grants to small business, the agricultural community, tribal
organizations, specific cultural groups, community leaders, residents, and students. These
grants, plus a wide variety of other environmental justice (EJ) programs and projects, are
managed by Office of Prevention, Pesticides, and Toxic Substances (OPPTS) staff in EPA's
Regional Offices. OPPTS headquarters also manages projects in conjunction with the
regions, most notably in the city of Baltimore, Maryland.
These activities have been ongoing for approximately three years now, and OPPTS believed
that the time was right to gather together headquarters and regional staff to talk about their
environmental justice work, including what works and what doesn't, what are some of the
challenges that impede success on either a project basis or more globally, how can we
routinely communicate with each other about EJ work and thus avoid re-inventing the wheel,
how can we begin to evaluate our work, and how we can work together to integrate important
EJ principles into the goals, objectives, subobjectives, and core measures of the Agency's
Strategic Plan.
Efforts along these lines were started at a meeting of senior managers in Philadelphia, but it
was quickly recognized that there was far too much to cover in a one-hour slot on a packed
agenda. It was agreed that OPPTS would convene a full one-day meeting devoted exclusively
to EJ. That meeting was held in July of 1997 in Chicago.
Progress
In general, regions and programs reported they were making progress on EJ. This includes
sensitizing their staff to EJ issues and reaching out to minority and low-income communities
by conducting monitoring work and providing resources, such as research tools, Internet
access, and training. Some regions reported they were working to identify legal means by
which to respond to EJ concerns, such as permitting and enforcement. Directors also reported
using new GIS tools to map locations of minority and low-income communities and facilities
or landfills. Several regions also reported that they had issued grants to various individuals,
businesses, and community groups to provide monitoring, education, and inspector training.
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Challenges
There are several important issues that face OPPTS and its EJ program. First, it is important
to understand that Environmental Injustice does NOT mean that environmental problems must
result from deliberate discrimination. It is not necessarily about prejudice, but is instead a
new way of doing business that creates fairness in the environmental risks everyone must face
and the empowerment of all the people to have a fair say in what is done to their environment.
The disproportionate burden of multiple and cumulative risks on vulnerable and economically
disadvantaged populations is an environmental injustice that must be proactively addressed.
EJ must be understood in the context of public health and quality of life issues in addition to
the protection of natural resources. It must emphasize local solutions with multiple partners
that have economic benefits, wherever possible. It must foster a sense of ownership of the
environment among community residents.
There are significant barriers to be overcome. Prominent among these is the issue of trust. EJ
communities have no reason whatsoever to trust any level of government. To overcome this,
we must be IN the community as partners; we must listen to THEIR concerns for THEIR
environment, even as we educate and raise awareness for other threats we know about. We
must bring resources to the table, and demonstrate our willingness to use our influence to
leverage other stakeholders, including state and local government and the private sector, to
join us for partnering and resources. We must build community capacity so that residents or
their representatives are included in environmental decision-making throughout this process.
Another formidable barrier is EPA's organizational culture. Even for the great majority of
our workforce, it is important to dispel some misconceptions about EJ, including: it won't
make a difference what EPA does because of other problems, such as crime and poverty; and
residents in EJ communities do not care about their environment.
In addition, we need to face the fact that some small portion of our staff do not share our EJ
goals. We must work around anyone who is a significant obstacle or recruit support higher in
that person's chain of command. Confronting such people has not, does not, and will not
work.
Another attitude that needs adjusting is that this work does not fit within EPA's job
description. But, our mission IS to protect public health and the environment
EVERYWHERE, not just where there are pristine natural resources to protect and not just
where we have statutory authority. Yet another misconception is that EJ is extra work. It is
not; rather, it is a guiding principle that must be institutionalized everywhere in the Agency
and considered in the prioritization of ALL our work and the development of new ways of
doing our business.
Finally, we need to address our own staffing needs. We need to proactively recruit a more
diverse staff. We must value strong interpersonal skills as highly as technical competence.
We have to be in the community as partners, not sitting behind our desks. And, in addition,
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we must adjust to the fact that our measures of success for EJ are going to be different than
those to which we have become accustomed as we partner with multiple stakeholders to
proactively and jointly address environmental threats in EJ communities.
These issues must be faced before we can hope to be successful in addressing environmental
injustice. It is no longer enough for us to "know" and "do;" now, we must also "listen,"
"learn," "help," "partner," and "leverage."
One attendee mentioned that the Agency should have more diversity among managers in the parts
of the Agency that are in charge of EJ issues. In addition to acknowledging that issue, the
individual expressed concern about disparity between EJ staff full performance levels compared
to the full performance levels elsewhere in EPA offices. The generally recognized disparity hi
grade level between Superfund and "Underfund" was mentioned, but should not be accepted as an
excuse for the situation in EJ.
The EJ situation should be examined in particular because:
1) The EJ "mission" attracts some of the best and brightest EPA staff from under
represented groups employed at the Agency, and then appears, in some cases, to offer them
less opportunity than others.
2) If the agency takes this EJ business seriously, it should be given the same level of
importance as other programs that are taken seriously; for instance, having the lowest
graded staff in a Regional office does not give the impression of high priority.
3) There appears to be a difference between Regions in EJ staff grade level. The only
obvious difference is the EJ organizational location (immediate office of the Regional
Administrator, or in another organizational component). Grade level should consistently be
based on grade-determining criteria such as sphere of influence, level of knowledge and
experience required, positive education requirements for professional positions, etc.
Question: hi the Regions not having a dedicated EJ staff, but using part of people's time from
various other positions, what effect does the partial EJ assignment have on the grade level of the
positions, and what is their full performance level?
The Agency should take a thoughtful look at this aspect of EJ. Since this is a relatively new
component in EPA organizations, the risk of inconsistency and disparity is apparent.
Institutionalizing EJ
Regions reported that they are increasingly incorporating EJ into day-to-day activities. Many
had trained their staff about EJ and encouraged them to be responsive to community concerns.
Some regions said they had appointed a coordinator to address this issue as part of his/her job
description. In some cases, they established niter-Divisional working groups to bring all
regional talents and resources to bear on EJ situations.
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Information Sharing
An important issue discussed at the meeting was how to continue sharing information, since it
is not always easy to convene such a large group of people. Furthermore, it is important to
avoid reinventing the wheel and to collectively track complaints, policies, and court decisions.
Attendees suggested creating a Web site for public use with case studies and contact
information for individual regions. Others also discussed using a Lotus Notes-type
application to share internal information. For example, Region 5 had developed an EJ
curriculum for area schools. It turned out that Region 1 had already developed such a
curriculum and, if Region 5 had known this, it could have saved a lot of time, effort, and
resources.
GIS Tools
Many meeting participants praised the availability of new GIS tools that help map the
locations of minority communities and compare this to facility locations and other pollution
sources. Several individuals had already used GIS and demonstrated this at the meeting. A
headquarters official, however, reported that a group petitioned the Office of Management
and Budget under the Administrative Procedures Act to prohibit the Agency from using
release, transfer, or other monitoring data; however, the official believes that such a petition
will be denied.
Grants
Several participants reported on FJ grants they had awarded to businesses, community groups,
and individuals. Examples include: a grant to study the impact of waste treatment facilities on
asthma patients in the South Bronx; training for individuals to be lead inspectors hi Chicago;
and an effort to increase a South Dakota Indian tribe's awareness of EJ through workshops.
Communications Dialogue
Ms. Hazen said she had identified nine common areas of development that everyone's grappling
with. She tasked the group to identify ways in which to open lines of communications. She also
said that in areas where there is no overlap, that information also needs to be shared.
1) Figuring out what is cumulative or aggregate risk policies and methodologies
2) Follow-up to FJ activities where we're going to develop models
3) GIS Tools everyone has a different way of doing mapping ~ are there common ways?
4) Is dealing with tribal FJ issues same as other FJ issues?
5) Development of school curriculum
6) Tools of development
7) FJ issues affecting permit decisions
8) Need clear guidance on Title 6
9) HHIP task force indoor air issues
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Phil Robinson (HQ/OPPT/EAD) suggested trying to set up a Lotus Notes database with a one-
page summary with an abstract, with key words. It would help them see if anyone in the Agency
had done a study similar to what they were trying to accomplish. It is clearly one way of
communicating and sharing information. He added that they might also want to look at what air
and water programs are doing. It is nice to look at EJ at large. The idea is to start small and look at
something that would work. Denver meeting evoked debate about using databases among
technophobics. Sanders: obviously, there are larger issues that go beyond our programs. Phyllis
Reed suggested using the internet, so that the Agency can share the information with the public at
large. Michael Hardy said that people within the Agency need to know what's going on with EJ
before going .external.
Ms. Hazen concluded that the group suggested having both an internal and external system for
communicatmg EJ information. Kennan Garvey suggested that the external system be a "skeletal
page" listing some case studies and contacts.
Marv Rosenstein said they need some discussions to break down barriers internally and externally
-- barriers that focus on a new way of business that focuses on partnering and empowerment. He
said he would be disappointed if they were to just focus on new ways of information sharing and
new technical guidance with out talking about larger barrier areas that aren't just toxics and
pesticides. Mr. Rosenstein is talking about changing the organizational culture and barriers to
doing that. Ms. Hazen then asked the group if there were any other communications issues? Jim
Kutzman said that the EPA needed to make a cultural change into a resource change. Phyllis Reed
said that she has a real concern...all these "botie" programs are tools. We slice them off like they
are their own program. Other programs are at AA-level, but EJ is different
Presentations
Below are brief synopses of remarks presented by speakers from headquarters and the
regions.
HQ/Office of Regional Operations and State and Local Relations/Office of
Prevention, Pesticides, and Toxics Marylouise Uhlig
Ms. Uhlig reported that the states continue to be very concerned about a lack of clear EPA
policy on EJ, and that the Agency is addressing these concerns.
HQ/Office of Pollution Prevention and Toxics Bill Sanders
Dr. Sanders reported that a tribal coordinator position was created during OPPT's
reorganization. OPPT also created a branch in the Environmental Assistance Division to
coordinate all Community-Based Programs. He noted that more than $10 million in grants has
been distributed for EJ projects, and that the Office hopes to share the successes from the
grant program with other communities. He stated the number of chemicals in the Toxic
Release Inventory program has doubled, and asked the regions to encourage EJ communities
to use the TRI database. He also reported that a catalog of tools has been created that
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describes databases, programs, and other tools within OPPTS that are available to
communities. He said that at the recent EJ meeting in Denver, there seems to be a consistent
feeling that efforts are being duplicated and that EPA's not tracking policy and court
decisions. He said barriers include a lack of computer literacy among EJ staff, lack of
commitment to data-gathering, and an inclination to avoid recording policy decisions that may
one day be judged to have been incorrect.
HQ/Office of Pesticide Programs ~ Kennan Garvey, CleoPizana, and Michael Hardy
Participants stated that the Office of Pesticide Programs (OPP) is addressing EJ on many
levels. This includes a recent urban initiative to avoid misuse of methyl parathion and other
pesticides; worker protection; building tribal capacity to manage pesticides; Community-
Based Environmental Projects (CBEP) related to pesticide use or exposure; and OPP's project
with Howard University to develop educational materials to reach communities most
effectively.
Region 1 Marv Rosenstein
Mr. Rosenstein reported that the Urban Environmental Initiative has reduced health risks from
urban environmental contaminants and improved quality of natural resources and open space
in urban areas. Targets for the Initiative include Boston, Massachusetts; Providence, Rhode
Island; and Hartford, Connecticut. The goal is to reduce risks to human health from lead, poor
indoor air quality, and other urban contaminants, to restore urban watershed and contaminated
urban land, and to provide tools for effective environmental management. Efforts include
developing partnerships that build community-based capacity and infrastructure to assess,
manage, and resolve environmental problems; help communities identify critical
environmental problems and develop strategies to restore and revitalize the environment; and
support economic development within communities together with strategic environmental and
health protection efforts.
Region 2 Dan Kraft
Mr. Kraft reported that the Division of Enforcement and Compliance Assistance (DECA) is
moving to successfully incorporate EJ into everyday activities. He said, for example, 50
percent of DECA staff members have attended EJ Training. He added that the region has
made a significant commitment to incorporate Community-Based Environmental protection
into all of their work; there are 44 projects where Region 2 and state partners are active.
Region 3 John Ruggero
Mr. Ruggero reported that EJ functions are integrated into each division and each has its own
EJ coordinator. He stated that the Regional Administrator has strengthened the Region's focus
on EJ issues by assigning responsibility for centralized coordination of EJ activities to the
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Region's new Office of Enforcement Coordination and Environmental Justice. Projects are
characterized by partnerships and because of this, the Region is able to do a lot more with
less. He added that another strength is that the Region has been successful because of its
flexibility in supporting diverse projects in a variety of ways. He also said that the Region is
taking advantage of GIS tools that the EPA now has, and that the Region had issued several
grants and conducted round tables through its lead program.
Region 4 Winston Smith and Jim Kutzman
Messrs. Smith and Kutzman reported that the region has developed a pilot project to reduce
environmental threats to children in selected Region 4 locations. The objective is to develop a
joint coordinated community and government partnership to address pesticide, PCB, asbestos
and lead exposures faced by children at home, school, and play. Targeted sites generally
encompass low-income minority communities with older homes. They also updated the group
on the status of the Warren County TSCA PCB Landfill. They reported that, during the past
two years, the State has been preparing to obtain waste samples and conduct treatability
studies to evaluate detoxification technologies. Region 4 has been providing guidance on the
approval process for the destruction technologies. The region has also been responding to
concerns by the joint Warren County/State Working Group regarding whether the state had
actually constructed the landfill in accordance with plans submitted and approved by EPA.
Region 5 Norm Niedergang and Phyllis Reed
Mr. Niedergang and Ms. Reed reported that the region is working to institutionalize EJ with
regional programs, particularly enforcement. They are working to develop a definition of EJ.
Their working protocol is in draft form and considers two criteria: minority and income. They
added that the region is working on developing a lead education and outreach program based
on discussions with community groups.
Region 6 ~ Gerald Fontenot and A.M. Davis
Messrs. Davis and Fontenot said that their region has developed a method for an indexing
system that would be used to frame a regional policy for environmental justice and district
impact analysis. Using the example of the Shintec facility, they are trying to come up with
methods to assess whether there is a disparate impact by the facility being cited. They want to
ensure that the region is enforcing permits equally. They are concerned that the Shintec
decision has evolved into a citing decision rather than a technical one.
Region 7 Karen Flournoy *
Ms. Flournoy reported that the region has been working on developing an EJ strategy. She
said that it is difficult to get the states to view EJ as a real issue and to see how they can
incorporate its principles into everyday business. Economics is more of a consideration, not
whether there is a large percentage of minorities in the area. Region 7 has been focusing on
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the St. Louis area and working with communities to understand environmental data
(specifically TRI), and determine whether or not those data can identify health problems. TRI
data recently helped convince charcoal kiln companies to install controls to reduce air
emissions, she said.
Region 8 Debbie Kovacs
Ms. Kovacs said the region is working to address EJ at the management level, hi addition to
grants, the Region an EJ workshop in Denver attended by 80 people. Another meeting was
organized for 25 agencies to build awareness of EPA's work in EJ. In reference to the grants
program, she indicated that the region had awarded $1.25 million to 49 recipients in the first
three years of the EJ grants program; some of these have gone to tribal groups.
Region 9 Laura Yoshii
Ms. Yoshii noted that Region 9 programs have been working to develop detailed
environmental justice strategies; this includes cross media, RCRA, Superfund, air, water,
strategic planning and emerging issues, pesticides, and communications and government
relations. The region has also issued several grants ranging from training on EPCRA, to clean
water and recycling community education.
Region 10 ~ David Croxton
Mr. Croxton discussed work that the region has been doing with Native American groups in
Alaska. He said that a municipality is looking to site a landfill, which has raised concerns
about food source contamination. The Native Americans rely heavily on fish and game. EPA
has given money to the village council to coordinate and provide training and create a buffer
agreement among stakeholders. Region 10 is funding a study by the University of Anchorage
to look at subsistence hunting and all the different types of subsistence foods, food
contamination, and risk characterization of potential contaminations of subsistence foods. The
Region has worked closely with the village council hi order to make sure they are involved in
the process.
Next Steps
OPPT offered to develop a strawman proposal for establishing a database for EJ projects and
products. The idea is to develop such a database in Lotus Notes, then, when all are agreed
that everything is ready, simply upload the database or parts thereof to the Internet.
OPPT also volunteered to put together a discussion piece concerning the integration of EJ
principles into GPRA planning and, eventually, budgeting first for OPPTS, with eventual
expansion to more of the Agency.
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Finally, OPPT agreed to prepare and distribute this workshop summary and to ensure that EJ
communication and integration issues are again raised and discussed at a later Regional
Division Directors' meeting.
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OPPTS REGIONAL DIVISION DIRECTORS
ENVIRONMENTAL JUSTICE MEETING
U.S. ENVIRONMENTAL PROTECTION AGENCY
CHICAGO, ILLINOIS
JULY 16,1997
Reports and Minutes
HQ/Office of Regional Operations and State/Local Relations, Office of Pollution
Prevention and Toxics
Marylouise Uhlig
Ms. Uhlig reported that the states do not separate Environmental Justice (EJ) from the Civil
Rights Act. She said that the states are very concerned about a lack of clear EPA policy. The
states are concerned that EPA is making decisions independently they don't have clear
guidance and they are being second-guessed, particularly on pending Title 6 cases that have been
brought before the Agency. EPA's implementing regulations are without operating guidance and
they are very broad, she added.
The Agency is working to resolve these problems, said Ms. Uhlig. The Title 6 working group is
developing an elaborate communications strategy. At a meeting with all the states'
commissioners in May and in a special luncheon with the officers of the environmental
commissioners association (ECOSYS), the states asked EPA Administrator Carol Browner for a
stronger role in helping the Agency develop an environmental agenda. Since that commitment
was made in May, Carol Rios, the president of ECOSYS wrote Ms. Browner requesting that EJ
be added to the agenda of the upcoming annual meeting. As EPA delegates programs to the
states, it is very unclear as to what their behavior in these programs should be in regard to Title 6.
Perhaps the states can work this out with a working group from EPA. Ms. Uhlig added that
there's a meeting going on in town on reinvention with Chuck Fox's group. They said they were
going to have to learn to communicate earlier and more often and bring partners to the table
sooner.
Questions, Answers, Comments:
Norm Niedergang (Region 5) said they tried to engage states, but got a resounding non-response.
They said that their role was unclear. He wondered what the status was of the actual policy. Ms.
Uhlig responded that they are working on it and that there are some "issues" that the EPA is
addressing with the Justice Department. Sylvia Loranz is working on those issues with the
Justice Department and they should be resolved before they can issue a policy. This should
happen soon. Bill Sanders (HQ/OPPT) said the Agency has been struggling with this issue for a
long time. He said it was interesting to see people were nervous about the situation. He added
that the issues are very touchy. Ms. Uhlig added that because of the growing interest, it would be
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hard for the Agency to back off and not be there. She said that suddenly outside pressure exists to
reach a conclusion. Laura Yoshii (Region 9) asked if it was still the Agency's intent to go out to
the various stakeholders and provide them an opportunity to comment on whatever is being
developed. Ms. Uhlig replied affirmatively and added that it's part of the overall communications
strategy.
HQ/Office of Pollution Prevention and Toxics
William H. Sanders
Mr. Sanders said the purpose of this meeting was to further the group's embryonic discussion in
Philadelphia about learning from each other's efforts in the EJ arena. OPPT is doing the
following work in this area:
1. Organizational Changes
In OPPT's recent reorganization, the Office created the position of Tribal Coordinator and staffed
it with Mary Lauterbach. Ms. Lauterbach's job is to coordinate all information exchanges about
their programs and issues. Mr. Sanders has asked her to put together a program proposal by
October, and he expects to send it out for review.
Mr. Sanders also reported that they created a branch (Community-Based Programs Branch) in the
Environmental Assistance Division charged with coordinating all CBEP efforts and for working
with regions, states, and communities to build CBEP partnerships.
2. Funding
Five grants involving $250,000-350,000 have been awarded to Chicago, Milwaukee, Missoula,
Memphis, and Oakland for lead poisoning education/outreach and lead-paint abatement training
for community residents.
Mr. Sanders said the Office had been successful at protecting the P2/EJ funds from the various
cuts, taps, reductions, etc. in the budget process. Since FY95, they've awarded 132 grants
totaling over $10 million for this program. They've worked with small businesses, the
agricultural community, tribal organizations, specific cultural groups (e.g., Cambodian, Korean-
Americans), community leaders, residents, and students. They have also awarded one national
project to an association that represents 46 private, non-profit community development financial
institutions, for the purpose of educating their members to help small businesses in low-income
communities to become more environmentally responsible. Mr. Sanders said he was looking
forward to hearing from meeting attendees about how the grant program has worked out.
A goal for the future is to share the successes from the grant program with other communities
with similar situations. They plan to commission case studies that document what worked for
certain EJ communities.
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3. Specific Projects.
Baltimore In 1996, OPPT began work with Region 3, residents, businesses, and state and local
governments in South Baltimore and Northern Anne Arundel County. They've run into some
snags along the way particularly political problems but are persevering. He said that one of
their goals is to put together a "manual" for CBEP projects that will detail their problems and
successes in the hopes that others can learn from their efforts.
Catalog of Tools Detailed listing and explanation of databases, tools, and programs;
specifically, includes descriptions of 66 tools and provides contacts within OPPTS for more
information. They've come up with a draft, but are still worrying about how much to caveat risk
assessment results, what kinds of people are needed to run the models, and how much they have
to clear the decks at headquarters and in the regions should the catalog become popular. The
catalog lists names and telephone numbers of people who can provide technical support for users.
OPPT is uncertain whether they can tear these people away from their "regular work" enough to
be able to support a large demand for their help.
EMPACT -- OPPT is working with ORD and others to identify new technologies for real-time
environmental data collection, processing, and communication.
OPPT is working with eleven community advocacy groups on a community-based pollution
prevention project focused on cumulative risks posed by dioxin, furans, mercury, cadmium, and
lead. The Office is now working on a cumulative environmental loading profile for metropolitan
Chicago.
4. Toxics Release Inventory
An important tool that OPPT and the Agency can bring to any community is the information that
can be obtained from TRI. EPA has doubled the number of chemicals for which manufacturers
must report and will require six new industry sectors to report. Still, just because the information
is available does not mean that people are using it especially in EJ communities. That is why it
is so important that the Office continue their outreach efforts, grant programs, and technical
assistance work to ensure that people have information. Information really IS power when used
at the local level.
5. Denver Meeting
Mr. Sanders reported that OPPT's EJ Coordinator attended the recent EJ meeting in Denver and
came away with the following thoughts:
a. There is a consistent feeling within the EPA EJ community that they are duplicating
efforts, not tracking policy and court decisions, and generally shying away from what's
necessary to bring order to the EJ chaos.
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b. Barriers include lack of computer literacy among EJ staff, lack of commitment to data-
gathering when they could be doing "real work," and the natural inclination to avoid
recording policy decisions that could bounce back and embarrass the decision-maker.
Questions, Answers, Comments:
Phyllis Reed (Region 5) suggested that EJ information could be put on the Internet, not only for
the Agency and states, but communities. She added that she echoed support on the Chicago
effort. Working with communities and different stakeholders is different, she said and it would
be good to pay attention. She added that they have an IEG with Argon and are beginning to do a
cumulative risk assessment and performed a dry run of their presentation with some of the
Region's stakeholders. People don't understand how to present things and have a conversation
until you experience it, she said. We need to take some time to learn how to make presentations
and do things differently anywhere you are community based. Michael Hardy (HQ/OPP/AD) said
that computer literacy is a concern with lower-income groups. He asked Mr. Sanders what steps
was the Agency taking to address computer literacy and computer access in S. Baltimore? Mr.
Sanders replied that the Agency is not doing a lot, however, they have helped open the
environmental office, provided equipment (including a PC), and plan to hire an intern from the
community to work in the office. He said the Agency is trying to keep networked to the
community to monitor the program. Ms. Reed added that her region is setting up a temporary
office in EPA's Chicago headquarters and ultimately getting the information to Chicago State
University. She said they need to invest in training for people so that they can understand the
information. Mr. Sanders added that it is now much easier to purchase computers. He said that
the Agency is now in the process of putting multi-media computers on everyone's desk.
Referring to the TRI program, Marv Rosenstein (Region 1) said his Region has been providing
computers and training to the local community and its worked out quite well. Laura Yoshii
(Region 9) asked if there were success stories in which communities have used the information
and if it resulted in reductions. Mr. Sanders responded affirmatively. Susan Hazen replied that a
working group exists on Right-to-Know and they have a lot of write ups on how they have seen
the TRI data used. She added that they have been trying to get regions to send examples of how
they have been using the data.
HQ/Office of Pesticide Programs/Geographic & Information Systems
Kennan Garvey
Pesticide regulatory, field implementation and enforcement responsibilities in the U.S. are jointly
carried out by EPA, through the Office of Pesticide Programs (OPP), Office of Enforcement and
Compliance Assurance (OECA), and Regional Offices; the State Lead Agencies and Cooperative
Extension Services; and Tribes and Tribal organizations. These groups work closely with
diverse national stakeholders concerned about the sound regulation and use of pesticides. Their
cooperative efforts serve the Nation by safeguarding public health and the environment from
risks posed by pesticides. A large part of this cooperative effort relates to EJ concerns.
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According to OPP/G&IS, EJ is fair environmental protection from inequities for all people
regardless of race, color, national origin, or income.
EPA issued its EJ Strategy in April 1995. Goals include:
1) No segment of the population, regardless of race, color, national origin, or income, as a
result of EPA's policies, programs, and activities, suffers disproportionately from adverse
human health or environmental effects, and all people live in clean, healthy, and
sustainable communities.
2) Those who live with environmental decisions community residents, State, Tribal, and
local governments, environmental groups, businesses must have every opportunity for
public participation in the making of those decisions. An informed and involved
community is a necessary and integral part of the process to protect the environment.
Additional background on EPA's Environmental Justice program is provided in Appendix 1.
Principal current OPP activities with strong EJ linkages include: 1) the recent urban initiative to
avoid misuse of methyl parathion and other pesticides; 2) worker protection; 3) building tribal
capacity to manage pesticides; 4) Community-Based Environmental Projects (CBEP) related to
pesticide use or exposure; and 5) EPA/OPP's project with Howard University to develop
educational materials to reach minority communities most effectively.
1. Urban Pesticide Initiative
The wide misuse of the highly toxic, agricultural pesticide, methyl parathion in poor
communities around the country has resulted in significant public health risks to residents,
especially children and other sensitive populations. Emergency response and enforcement
actions to deal with this crisis have been an enormous resource cost, especially in Superfund
monies, to EPA and States. Costs to date to test, clean-up and relocate residents have been more
than $45 million, and are expected to reach $90 million in 1997, and still continue to rise as
more violations are identified. Misuse of methyl parathion recently led to the longest U.S. prison
sentence ever for exclusively environmental crimes - Paul Walls received a six-and-a-half-year
term, after conviction in May by a federal jury of 48 counts of various environmental crimes. In
addition, potentially hundreds of homes treated illegally with methyl parathion treatments have
been located in Chicago, Illinois.
The need to focus on pesticide use in and around homes is reflected in the exposure people have
to pesticides used, stored, and applied in their homes and workplaces. Approximately 70 million
of 95 million households use pesticides. There are 35,000 to 40,000 pest control firms across the
nation. Commercial certified applicators number approximately 344,000. In 1995,
approximately 74 to 100 million pounds of pesticides were used in and around homes.
Nationwide there are hundreds of millions of applications per year.
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Approximately 16,000 poisonings per year, reported to the Poison Control Center, are associated
with nonoccupational use of pesticides. Reports also indicate that children account for about 50
percent of emergency room visits due to pesticide poisonings. In 1995 alone, 100,000 children
were involved in common household pesticide-related (including chlorine bleach) poisonings or
exposures in the United States
To minimize future misuse, EPA and State Lead Agencies are targeting all types of communities
(urban, suburban, and rural), with a focus on sensitive populations such as children and others in
poor, minority-inhabited localities, contributing to the Agency's commitment to provide
Environmental Justice and the EPA goal that communities, homes, workplaces and ecosystems
will be safe from pollution. The goal is to empower citizens to make informed decisions about
the use of pesticides and toxic substances in order to protect their own and their childrens' health.
Broad partnerships are forming to accomplish this mission, including EPA (OPP, OECA, OEJ,
Regions), other federal agencies, states and local agencies, and the private sector.
The potential risks are alarming. Investigators are finding residues of methyl parathion sprayed
indoors at levels more than 10-fold the action level set for evacuation of residents from their
homes (1700 ug/cm2 vs 150 ug/cm2). Possible deficiencies in regulatory, enforcement, and
outreach programs, including Certification and Training (C&T) programs; inadequate attention to
urban and rural communities; vulnerability of residents to misapplications; and, how agricultural
pesticides are sold and distributed; may have contributed to this situation. While the Agency and
industry have taken significant measures to prevent further misuse of methyl parathion,
remaining deficiencies must be identified and corrected to prevent future misdirection and use of
this pesticide and other highly toxic agricultural pesticides/toxic substances in communities.
EPA has drafted a national enforcement program addressing pesticide misuse in general, in
response to the emerging pattern of incidents involving the application of restricted use
agricultural products for structural pest control indoors. EPA's draft enforcement program, to be
implemented primarily by state pesticide enforcement grantees, has three goals: 1) detection of
any diversion of restricted use pesticides from the agricultural sector into communities for illegal
use indoors; 2) identification of any ongoing structural appli cation of restricted use agricultural
pesticides in urban and other communities, and pursuit of appropriate enforcement actions to
deter such actions; and 3) prevention of future diversion and structural application through
compliance assistance and education, particularly in areas with vulnerable populations, especially
children. To achieve these goals, the Agency is finalizing a national enforcement program in
cooperation with state lead agencies as well as public health and other organizations. This
program consists of both proactive and reactive approaches.
To improve regulatory, education and enforcement efforts for both methyl parathion and urban
pesticide misuse generally, EPA has worked with States and other partners to accomplish the
following:
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Cheminova (registrant) audio & video public service announcements working
with EPA to make them available by satellite to TV and radio stations.
Certification & Training educational materials - suggested overheads - through
USDA.
Regional brochures about relocation (Regions 4,5,6)
New testing protocols, sampling techniques, brochures on MP hazards (EPA,
ATSDR, States),
Posters on Urban IPM (Region 10).
ATSDR Q/As for medical profession
ATSDR slide presentation on IPM in homes.
Educational materials for schools/children on cockroach control (IL).
Comic/coloring books on urban IPM (Region 5).
Published a lot of information on MP, Regions 4,5, and 6.
The following are in progress:
EPA/OCEPA coordinating communications workgroup with broad participation.
Developing outreach/communication strategies on (1) cleanup of residences and
(2) pesticide use, involving OCEPA, OPP, OECA, OERR, Regions 4, 5, and 6,
and ATSDR two-day workshop held in June.
ATSDR and Region 4 - generic nationwide poster and brochures on IPM for
cockroach control.
Michigan fact sheet about illegally sold pesticides.
Region 5 brochure(s) on cockroach control.
Region 4 model contract for schools to use to obtain IPM services.
Bio-Integral Resource Group (CA) drafting urban IPM brochures.
OPP/FEAD continuing to serve as clearinghouse; managing PSAs with
Cheminova; drafting IPM pest control booklet; planning outreach effort through
OEJ (address list of 4,000); outreach to National Pest Control Association to
encourage work in EJ communities.
Region 4 proposal to develop stewardship of the products through manufacturers,
producers, distributors, and state certification and training programs.
2. Worker Protection
EPA's Office of Pesticide Programs has responsibility for supporting the implementation of the
EPA Worker Protection Standard (WPS). The Standard is designed to achieve three basic goals:
1) inform employees about the use and hazards of pesticides; 2) eliminate or reduce exposure to
pesticides; 3) mitigate the effects of exposures that occur. The WPS has strong EJ linkages.
The HHS Office of Migrant Health estimates there are 2.7 million migrant and seasonal farm
workers and dependents nationwide.
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January 1,1997 marked the two year anniversary of the full implementation of WPS. This is
quite an accomplishment given that during the prior two years EPA had been actively working to
keep the regulation alive, while under serious congressional review and budget pressures.
EPA decided to hold a series of public hearings to broaden the discussion and debate about WPS,
hi order to hear directly from the those who have to make it work - the growers, and from those
for whom the protections are intended - the workers. EPA needed to hear also from the state
officials responsible for monitoring compliance.
Nine Public hearings were held across the country. More than 1,000 individuals - farm workers,
growers, physicians and clinicians, state regulators and others, came to testify or listen to
testimony. The hearings were collectively called the WPS National Dialogue. The Dialogue was
intended to provide an opportunity to hear about actual experiences in implementing the
requirements. EPA could hear and see first hand, what was working and what was not. An
additional benefit was that the spectrum of stakeholders could hear each other's views and
differences of opinion, hopefully, leading to a better understanding of each other's issues.
Finally, EPA wanted to learn what areas of the regulation were in most need of attention in
particular if there was a need for more education and outreach, clarification, modification, or
other efforts.
EPA published the transcripts of the public meetings and the notes from all the site visits.
Currently, EPA is assembling lessons learned hi a report to be completed within this summer.
Following are some of the broad and specific issues raised in the public meetings, as well as
some of the WPS projects for the coming year.
WPS NATIONAL DIALOGUE - BROAD ISSUES
Need for visible Enforcement focusing on big problems (CA, FL, IN, PA, WA)
Need for more Communications/Outreach, such as hazard communication about specific
pesticides, and commodity-specific information (CA, MO, TX, WA)
Acceptance of the Regulation (CA, MO, PA)
Lack of Understanding of the Regulation (FL, MO, MS, PA)
Complexity of the Regulation (FL, MO, PA)
Cost of Implementing the Regulation (PA)
One-Size Doesn't Fit All - Small vs Larger Farmer (CA, FL, IN, PA)
Grower Liability (CA, FL, MS, TX)
Access and Quality of Health Care (CA, WA)
Coordination with other agencies (FL, PA, CA)
Spray Drift (TX, WA)
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WPS NATIONAL DIALOGUE - SPECIFIC ISSUES
Compliance with Pesticide Safety Training requirement/quality of delivery (CA, FL, IN,
MS, PA, TX, WA)
Compliance with Restricted Entry Intervals (CA, FL, IN, MO, MS, PA, TX, WA)
Personal Protective Equipment and Heat Stress (CA, FL, IN, MO, MS, PA, TX)
Justification for Decontamination Supplies (CA, FL, IN, MO, MS, PA, TX)
Notification of Pesticide Applications issues (CA, FL, IN, MO, MS, PA, TX, WA)
WPS EDUCATION & TRAINING PROJECTS
Association of Farm Worker Opportunity Programs - (contact - Lori Rottenberg)
ESL Training Using Pesticide Safety Training Material
Train the Trainer Sessions
AmeriCorps Worker Safety Training (80,000)
Farm Worker Health and Safety Institute - (contact - Nelson Carrasquillo)
Train the Trainer Sessions
Worker Safety Training
Northwest Coalition for Pesticide Health and Safety - (contact - Alice Larson)
Evaluation of Worker Safety Training
California Farm Worker Women's Leadership Project - (contacts - Millie Travinp & Aylea
Guyardo)
Train the Trainer Sessions
Worker Safety Training
Central Texas Health Project - (contact - Alison Brause)
Train the Trainer Sessions
Worker Safety Training
National Migrant Resource Program - (contact - Roberta Ryder)
Safety Training Material Distribution
US / Mexico Cross Border Training Project - (contact - Bud Paulson)
Agreements Between Contiguous US/Mexican States
Worker and Handler Safety Training
Integrated Pest Management Training
Pesticide Applicator Training
Proposals: Applicator Training and Exam in Spanish
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National Council of Agricultural Employers/DOJ Project - (contact - Sharon Hughes -
Washington DC)
Grower Responsibilities Under WPSflmmigration Law
USDA Extension Service and State Extension Service - (contact - John Lnpson - USDA)
Handler Safety Training
Applicator Training
WPS HEALTH and SAFETY PROJECTS
NIOSH - 1) Incident Monitoring Studies in Six States and 2) Evaluation of the Safety Provisions
of the WPS Early Entry Exceptions
National Academy of Sciences - Health and Safety Implications of Child Labor
EPA Recognition and Management of Pesticide Poisonings - New Edition in English and
Spanish
3. Tribal Program
EPA's Office of Pesticide Programs (OPP) works with Tribes, EPA Regions, States, other EPA
program offices (e.g., American Indian Environmental Office (AIEO), Office of General Council
(OGC)) and other federal agencies (e.g., Administration for Native Americans (ANA) in the
Department of Health and Human Services) coordinating efforts related to Tribes and pesticides.
This work recognizes the importance of Tribal environmental needs in EPA's Environmental
Justice Strategy. It is OPP's goal to help Tribes resolve pesticide issues regardless of their
capacity or whether they have an established pesticide program on the reservation.
There are 562 federally recognized Tribes in the United States. Of these, there are approximately
63 Tribes that have the largest Indian trust lands with agricultural interests. According to the
Bureau of Indian Affairs (1991), 38 million acres are used for grazing, 8 million acres are farmed
and 6 million acres are forested. There are approximately 164,000 American Indians involved in
farming or livestock.
Currently, OPP works with 20 Indian Tribes that have pesticide programs, helping them develop
ground water, certification and training, worker protection and endangered species components
of their programs. Of these 20 Tribes, four Tribes have EPA-approved certification and training
plans in place. One Tribe has an accepted ground water state management plan developed. In
addition, OPP works in conjunction with EPA Region 9 on forestry and basket weaving pesticide
issues that affect approximately 30 more Tribes (most do not have a pesticide program). EPA's
Tribal activities include the following:
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A) Development of OPP National Tribal Policy. OPP is currently working with OGC to
identify and resolve possible legal questions regarding interpretation of the authority of Indian
Tribes as prescribed by FIFRA. As options and strategies are developed, OPP will work with the
Regions, AIEO, OGC and Tribes to begin development of a national Tribal pesticide policy.
B) Community-based Tribal Pesticide Projects. OPP has initiated an effort to identify and
fund community based Tribal pesticide projects. As the name suggests, these projects are
community-based initiatives that have a direct effect on Tribal environmental pesticide issues.
Specific projects are currently being identified with the assistance of the EPA regional offices
and project selection is expected to occur in June based on established criteria.
C) Tribal Code and Program Compendium. The OPP Tribal Coordinator is compiling
existing tribal pesticide codes, agreements with states or other entities to carry out pesticide-
related environmental programs on reservation lands, etc. The product will be provided to
Tribal governments in an effort to provide information they can use to begin development of
their own pesticide codes and programs.
D) OPP Coordination with the Administration for Native Americans (ANA). OPP has
initiated work with ANA to investigate possible OPP/ANA cooperation on tribal pesticide
initiatives. OPP will also begin work with the regions to coordinate ANA grant development
with the community-based Tribal pesticide projects being funded by OPP. .
E) Support for Tribal Issues Resolution in EPA Region 9. OPP supports an ongoing effort
conducted by EPA Region 9 to work with a variety of Tribes and Associations in Region 9 to
resolve issues specific to the Tribes. Much of the activity in Region 9 is focused on forestry
issues because of a number of factors, including: 1) proximity of many Tribal lands to managed
forests; and, 2) use of forests by Tribal members for purposes of gathering foods and materials
with which to make traditional basketry, etc. This effort would specifically include a focus on
the types of issues raised in the past by the California Indian Basket Weavers Association, among
others.
F) The Environmental Scholarship Program and Haskell University. OPP continues to
support the scholarship program which is designed to provide multiple small scholarships to
college students who are working toward degrees in environmental fields and who demonstrate
knowledge of and desire to better environmental conditions on Tribal lands. OPP also supports a
current project at Haskell Indian Nations University in Lawrence, KS that entails the
development of an integrated pest-management course to be taught at the University. Haskell
University is an accredited junior college and has an accredited bachelor's degree program in
education. It offers a curriculum integrating American Indian/Alaska Native culture into its
program.
G) Flathead Lake Ground/Surface Water Course. OPP currently funds a ground and surface
water course that has been offered for several years at Flathead Lake Biological Station in
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Poison, MT. The course focuses on classroom and field work to educate students regarding the
interaction of ground and surface water and impacts on these resources created by our own
activities. By funding the course, sponsors of the course have agreed to set aside half of the
student slots for Tribal participants. In past years, Tribes have participated in this course and
have provided very positive feedback regarding the utility of the information learned.
H) National Tribal Environmental Council (NTEC) Conference Participation. The OPP
Tribal Coordinator attended the NTEC conference and maintained a display booth there. NTEC
is a Tribal organization with approximately 150 member Tribes. The group focusses on all
environmental issues and has showed an interest in helping OPP educate Tribes on pesticide
issues, and help them determine whether pesticides should be a higher priority to Tribal
communities.
I) Certification and Training (C&T). The Tribal Coordinator and the Certification and
Worker Protection Branch in OPP are currently working with the Regions and OGC on
addressing Tribal issues in the C&T regulations. Several conference calls have occurred and a
strategy is being developed on how to address issues such as EPA's procedure when a Tribe has
no C&T plan and the state's plan has not been adopted by the Tribe.
J) Ground Water State Management Plans (SMP). The Tribal Coordinator and the ground
water team in OPP's Environmental Field Branch are currently working with a Tribal group
consisting of the Oglala Sioux Tribe, Mountaintop Associates, and the Native Ecology Initiative
to develop a training workshop for Tribes to help educate Tribes on the proposed ground water
rule which, when final, would make the use of certain pesticides (alachlor, metolachlor, simizine,
atrazine and cyanazine) illegal unless a groundwater management plan is in place. Additional
workshops would provide Tribes with technical and legal assistance for developing specific
plans.
4. Community-Based Environmental Projects (CBEP)
EPA/OPPTS and the Regions are funding a number of CBEP projects in FY97, many of which
are directed to improved management and use of pesticide and toxic chemicals in EJ
communities. OPP and OPPT provided a total of $526,000 to the EPA Regions for specific
projects.
Projects specific to toxic chemical concerns received $140,000. Another $80,000 went to a
combined indoor pesticides, lead, and asbestos project. $306,000 was for pesticide projects. One
project that had initially been earmarked for funding was later funded with Tribal grant funds.
Three Regions are pursuing projects with clear pesticide/EJ linkages:
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Region 2's South Bronx project seeks to introduce IPM methodologies into
day-to-day cockroach control activities employed by neighborhood residents. The
first effort is taking place in an "urban homestead" apartment complex inhabited
by a largely Hispanic population. In addition to a train-the-trainer program,
Region 2 will attempt to have the residents develop training material that are
relevant to other Hispanic populations.
Regions 4 and 5 are undertaking similar urban projects. These, however, are
driven by information dissemination related to methyl parathion misuse.
A Baltimore CBEP project begun in the spring of 1995 was initiated as an EJ effort. Initial
activities have included an Eco-Fair and environmental clean ups. Substantial progress has been
made in terms of establishing business/industry/local government/community partnerships. The
amount of time and effort required to build the basic infrastructure for a sustainable CBEP
program should not be underestimated. The "partnership" now has an executive committee and
five subcommittees that have been tasked with evaluating current environmental conditions,
prioritizing identified problems, and developing project plans. The initiation of specific projects
should begin within the next two to six months.
5. The OPP Academic Relations Program
OPP's Academic Relations Program is a multi-faceted program that allows EPA to promote and
maintain a mutually beneficial relationship with a Historically Black College, such as Howard
University, while reaching out to provide training opportunities to a diverse pool of students.
The program's objectives have been to promote joint research projects, faculty research
participation, student internships, cooperative education and employment, ad hoc technical
assistance, training and education opportunities for EPA support staff (Howard University
Environmental Specialty Program), urban environmental sensitivity, and education and outreach
focused on Urban Pesticide Exposure issues. Following is more detailed information on one
element of the OPP Academic Relations Program the Urban Pesticide Exposure Project:
The Urban Pesticide Exposure Project with Howard University focuses on examining the
potential exposures of children to pesticides in residential environments, most specifically lawns,
parks, and playgrounds. Methods by which the levels of exposure can be reduced will be
explored and recommendations will be provided accordingly. In addition, the project
encompasses creating a communications mechanism to improve the public awareness of
pesticide application and ways in which they can protect themselves from being exposed.
Responsibilities/Tasks. This project entails thoroughly researching childrens' exposure to
pesticides in residential settings, recommending techniques to reduce exposure, and creating a
communications vehicle to inform the public and make the program part of the community
agenda of action issues. This study/report on urban pesticide exposures will be completed by the
end of September 1997 and soon thereafter a pilot will commence in Washington D.C. If the
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pilot is successful and there is regional interest, Howard and OPP would like to package the
program for national dissemination. Following are the tasks already initiated for the project:
Task 1 - Literature Research. A literature search was conducted utilizing several
national and local databases, information was collected within OPP, and several
outside agencies (i.e., Poison Control Center, Housing and Urban Development,
etc.) were contacted in an effort to provide more insight into how pesticides are
affecting children.
Task 2 - Data Analysis. The initial analysis of the data supports focusing on
urban communities and after completely analyzing the information gathered and
coordinating with any other urban initiatives, the scope of the project will be
further defined.
Task 3 - Create Manual. The next step will be creating a manual/executive
summary that will discuss the findings. More importantly the document will
propose recommendations on how to reduce exposure.
Task 4 - Communications. The last stage will involve developing an appropriate
communication mechanism. Howard University has contracted with a
subcontractor to begin developing the communications strategy and outreach
campaign. The contractor has developed initial materials and will use focus
groups to assess the effectiveness of those materials. A pilot campaign should be
ready in late September/early October.
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Appendix 1
ENVIRONMENTAL JUSTICE - BACKGROUND
Environmental justice (EJ) is fair environmental protection from inequities for all people
regardless of race, color, national origin or income.
The EJ movement captured national attention in 1982, when a demonstration took place against
the siting of a hazardous waste landfill in Warren County, North Carolina, a county comprised of
a predominately African-American population. The United Church of Christ published a
nationwide study in 1987 (Toxic Waste and Race in the United States), considering the
association between hazardous waste facilities and the racial/socioeconomic composition of the
communities hosting such facilities.
EPA established an Environmental Equity Workgroup to study the allegations of
disproportionate waste siting and general environmental inequities. The workgroup issued its
findings in a 1992 report, that stated that racial minorities and low-income people were
disproportionately exposed to lead, selected air pollutants, hazardous waste facilities,
contaminated fish and agricultural pesticides in the workplace. As a result of the findings by the
Environmental Equity Workgroup, EPA also created in 1992 the Office of Environmental Justice
(OEJ) to coordinate EPA's efforts to address EJ issues.
On February 11,1994, President Clinton issued Executive Order No. 12898 requiring federal
agencies to achieve EJ by identifying and addressing disproportionately high and adverse human
health and environmental effects on minority and low-income populations to the maximum
extent practical and as permitted by law.
On April 11,1994, EPA formed the National Environmental Justice Advisory Council
(NEJAC), which is comprised of 23 representatives from 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. Communities and leaders of the EJ movement have taken leadership
roles in this process.
EPA issued its Environmental Justice Strategy in April 1995. EPA's Environmental Justice
Goals are:
1) No segment of the population, regardless of race, color, national origin, or income, as a result
of EPA's policies, programs, and activities, suffers disproportionately from adverse human
health or environmental effects, and all people live in clean, healthy, and sustainable
communities.
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2) Those who live with environmental decisions community residents, State, Tribal, and local
governments, environmental groups, businesses must have every opportunity for public
participation in the making of those decisions. An informed and involved community is a
necessary and integral part of the process to protect the environment.
The 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." The Strategy's uses of the term "indigenous" refers to all people within the
boundaries and territories of the United States regardless of then- affiliation with a
federally-recognized Tribe. The Agency, however, recognizes various terminology preferences
among native people and will strive to respect and utilize appropriate language on a case-by-case
basis in its interactions with native constituents.
EPA recognizes that much remains to be done. Forty percent of U.S. rivers, lakes and streams
are still too polluted for fishing and swimming. Two out of five Americans live in cities where
the air does not meet public health standards. One in four Americans still lives within four miles
of a toxic dump site.
Early involvement and strong partnerships, founded on mutual respect and understanding, 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. When a neighborhood or community becomes informed
and involved, they will do a far better job of deciding what is right for their children, for their air,
and for their water than any government agency. _
The Environmental Justice Strategy is well-integrated into the fabric of many of the Agency's
principles and initiatives that the Agency considers fundamental to its operation and mission. In
fact, EJ is one of the seven guiding principles established in the Agency's strategic plan, "The
New Generation of Environmental Protection." For example, in EPA's community based
environmental protection, the Agency works with the affected communities in fashioning
strategies to promote a healthy environment and a sustainable economy. Additionally, partnering
with communities with minority low-income populations that may be suffering from
disproportionately high and adverse human health or environmental effects should be a
cornerstone of EPA's pollution prevention efforts. Another important partnership is with the
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
with them to incorporate environmental justice into our efforts.
NOTE: Background Information derived from:
EPA's Environmental Justice Strategy, April 1995
Region 5 Internet site - page on Environmental Justice
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Region 1, Office of Ecosystem Protection
Marv Rosenstein
Urban Environmental Initiative
The Urban Environmental Initiative (UEI) has reduced health risks from urban environmental
contaminants and improved quality of natural resources and open space in urban areas. Specific
emphasis is placed on target neighborhoods in Boston, Massachusetts; Providence, Rhode Island;
and Hartford, Connecticut.
Goal: To reduce risks to human health from lead, poor indoor and ambient air quality,.
other urban contaminants, restore urban watershed and contaminated urban land,
and provide tools for effective environmental management by citizens.
This will be achieved through:
1) partnership development that builds community-based capacity and infrastructure to assess,
manage and resolve environmental problems;
2) assisting communities in identifying the critical environmental problems and develop
strategies to restore and revitalize the environment;
3) supporting economic development within communities together with strategic environmental
and health protection efforts.
The Region has established full-time urban environmental initiative and lead coordinators, and
full-time project managers in the three target cities. The UEI is a natural extension of the New
England Urban Lead Initiative begun in FY93.
The primary steps in the process include: establishing a representative coalition of stakeholders
in each city that includes neighborhood, nonprofit, academic, private, city, state and federal
representation; defining through consensus the most pressing environmental and/or public health
issues; gathering appropriate data to evaluate and verify the extent of the problem; and develop
and implement a set of proposed solutions. This is an iterative and dynamic process that is
designed with milestones that lead to sustainable maintenance for most identified problems.
ACTIVITIES PROPOSED FOR FY
The region has allocated $488,235 of the RGI funds to ensure the sustainable development of
local infrastructure and the management and resolution of local environmental problems in the
three target cities.
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Continuation of Ongoing Priority Environmental Stewardship Projects in All Three Cities
Each city has projects underway that initiated the successful coalition, hi Providence, it is the
Woonasquatucket River project and vacant lot task force; in Hartford it is an integrated project
which included training of block captains, environmental education for residents, urban
agriculture projects and a local strip mall development; and in Boston it is a series of projects
ranging from lead awareness training to revitalization of the Chelsea Creek shoreline and urban
wilds to restoration of urban wetlands all designed to create synergy for a coalition of
neighborhood driven, city and state supported citywide environmental stewardship efforts.
Incorporation of a Local Community Environmental Organization (Year 2)
The UEI has developed local community organizer positions as a key element for ensuring that a
sustainable infrastructure exists at the community level. These individuals once trained will act
as a focal point for the dissemination of information and education, development of consensus
for community environmental issues and overall project management and coordinated
environmental stewardship efforts.
The coordinator in each one of our target areas was hired and selected by a key local community
organization and is a community resident. Although all three come from different backgrounds,
they each have essential characteristics with regard to outreach skills, understanding of local
environmental issues, and the ability to learn technical information necessary to engage in
meaningful discussion with other stakeholders. Each is charged with the responsibility to:
1. Develop a core group of residents who will act as a neighborhood environmental
committee.
2. Attend various types of training opportunities offered by EPA and others as well as
identify areas of deficiency which the EPA City Manager will assist in
providing/locating training.
3. Develop a funding structure to support their position within the community on an
ongoing basis once the pilot period has ended.
4. Develop a work plan for achieving community environmental goals with the assistance
of the EPA city manager and other stakeholders.
5. Implementation of EPA/City Sponsored Environmental Jobs and Businesses,
Environmental Restoration or Pollution Prevention Project
Below is an example of the major components of the proposed plan which is coordinated with
the City of Boston and numerous other stakeholders. Hartford and Providence efforts will be
defined during the first part of FY97.
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The strategy for promoting sustainable economic development and green jobs will use a multi-
level approach that:
- creates and promotes new green businesses and supports continued education and training to
supply a ready and able workforce for environmental jobs
- capitalizes on the city's social, economic and environmental assets
- sparks the imagination of businesses for innovation and environmental entrepreneurship in
small and large business
- advocates and promotes a process for locating environmental businesses and services by
creating a coordination team mandated to ease and speed process in the city.
The approach has three areas of emphasis.
1. Conduct Public Education Forums Designed for the Business Community on Issues such as:
- The Economic Advantage of environmental improvements for business and industry by
groups such as Natural Step/Rocky Mountain Institute
- Innovation, Eco-friendliness and profitability in restaurant and food industry
An informational series on environmental jobs and business opportunities
2. Develop a Campaign on the City's Competitive Environmental Advantage That Could
Include:
A map of land and site availability, workforce information, and the enunciation of a public
process that is clear and predictable for potential business interests. All of the messages will
be designed to attract green jobs and businesses and promote the prospect that this is the
design for the future.
3. Innovation and Feasibility Grants:
Innovation grants for small local green entrepreneurial efforts that would be required to
partner with existing neighborhood organizations and thus promote sustainability. In
addition, feasibility study grants for innovative environmental businesses to locate in the city.
In particular, businesses that offer a job training component for Boston residents who are not
currently in the workforce will be encouraged.
4. Data Collection/Data Analysis (Year 2)
One of the major efforts that is ongoing in each city has resulted from the reality that very
little data has been collected, organized or evaluated by EPA Region I with regards to urban
environments. Consequently, there is an aggressive effort to utilize available existing data to
establish trends and baselines and to determine the state of and potential threats to the
environment and public health. Internally, the data will assist to align resources based on
identified priority needs. The resources for these efforts have not been primarily support with
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RGI funds but have come from a variety of sources within as well as outside of EPA. For
example, accurate lot by lot maps will continue to be developed to show sources of pollution
receptors, vacant lots, green space, recreation areas as well as aggregated health data. An
assessment report will be developed that evaluates multiple sources and identifies and
prioritizes the most significant threats to human health or the environment. This information
will be used to assist the Region and stakeholders in priority setting and will assist in
identifying low-tech, cost effective projects that community groups and other stakeholders
can implement. Examples of proposed FY97 efforts are:
Boston:
A comparative risk assessment of the Chelsea Creek area which will tentatively be supported
by OPPE funds.
Contaminant source, pathway and receptor maps of numerous neighborhoods in Boston most
of which is being funded with external funds and limited support from RCRA.
- Ambient air monitoring at the neighborhood level as well as traffic level monitoring: both
being undertaken by neighborhood groups but funded by external sources.
Providence:
Create contaminant source, pathway and receptor maps of South Providence neighborhoods
(technical support provided by Boston local non-profits who developed the methodology for
the Boston effort).
- Identify the sources of contamination in the Woonasquatucker River Corridor: generously
supported by the EPA's Narragansett Laboratory and vital to the Woonasquatucket River
project.
Hartford:
- Ambient Air Sampling near the North Meadows Landfill, health data collection of local
residents and GIS data development which was supported by RCRA funds in FY96. In
FY97, environmental data collection and analysis to define extent of the suspected and
known environmental problems will be carried out with the resource assistance from OPPTS.
These are just a few of the major ongoing data collection/data analysis efforts that the Urban
Environmental Initiative has undertaken. Alternative resources have been identified to fund the
technical aspects of these efforts. This affords the use of RGI funds to maximize the critical
community-based aspect of each data collection/data analysis effort for which there are few and
in some instances no alternative funding methods. However, sustainability is unlikely without
community involvement.
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5. Sustainable Academic Institutional Support (Year 3)
In each city, EPA has either initiated, promoted or advanced the relationship of key academic
institutions abilities to provide sustainable ongoing technical support for environmental and
public health protection or urban residents.
Providence:
Brown University will complete an environmental indicators project specifically designed for
urban environments and provides technical assistance to communities through graduate student
projects.
Hartford:
The University of Connecticut has developed and will implement a curriculum of technical, legal
and health related environmental education which will be delivered to Block Captains in the
North Hartford neighborhoods as well as be made available to groups of residents as needed.
This was designed to be free to residents and incorporated as an ongoing service of the
university.
Boston:
The Center for Environmental Education initiated through an EPA grant to Roxbury Community
College (RCC) will continue to serve the needs of local resident and nonprofit groups for
environmental training and technical support. This year the program has expanded to provide
training to the entire summer youth corp that works for the City of Boston on neighborhood
environmental projects throughout the summer. Additionally, through the development of an
associate degree program, new links have been established with inner city high schools as well as
local universities such as Tufts and MIT for RCC to more aggressively facilitate the promotion of
minorities in environmental careers such as environmental scientist, engineers, consultants, etc.
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Region 2, Division of Enforcement and Compliance Assistance/Pesticides and
Toxic Substance Branch
Dan Kraft
DECA Environmental Justice Accomplishments
During FY 96/97 the Division of Enforcement and Compliance Assistance (DECA) is moving to
successfully incorporate environmental justice into everyday activities. The following is a
summary of the projects that have been implemented throughout the year by those branches that
transferred to the Division of Enforcement and Compliance Assistance during the FY96
reorganization. The Pesticides and Toxic Substances Branch, with both "Program" and
"Enforcement" responsibility for FIFRA, TSCA, and EPCRA 313 resides in DECA.
1. Regional Draft Interim Policy for Identifying EJ Areas
The Regional Interim Policy (IP) was developed to carry out the goals of Executive Order 12898
by taking steps to prevent disproportionately high and adverse human health or environmental
effects. The Draft IP will be utilized in Region 2 until HQ develops guidance.
2. Divisional Environmental Justice Training
Fifty percent of DECA staff members have attended EJ Training. The training provides an
overview of the EJ movement, regional commitment, and divisional goals for incorporating EJ
into everyday activities.
3. Environmental Justice and Community Based Environmental Projects (CBEPs)
EPA has recognized the need to increase its focus in areas of sensitive populations and
ecosystems where environmental conditions have not responded to the application of our base
programs to the desired extent. Through its 1997 CBEP Performance Plan, Region n has moved
to integrate the Community-Based Environmental Protection approach into all our work.
Environmental Justice, the disproportionate environmental burden on a low income or minority
community, is a significant factor for targeting potential areas of community identified
environmental concern or interest, and is prominent among the ranking criteria for selecting
CBEP projects. The 1997 Performance Plan lists 44 projects where Region JJ and our State
partners are active, including many^of those highlighted below.
4. Northern Manhattan CBEP Project
Meeting held with West Harlem Environmental ACTion (WHE ACT) to discuss how our two
organizations can work together to improve the quality of life in Northern Manhattan, which is
composed of East, West, and Central Harlem, and Washington Heights. (WHE ACT is an
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incorporated non-profit organization, based in West Harlem, that works to improve
environmental quality and secure environmental justice in the community.)
FY97 goals were established to help WHE ACT develop and implement the following two
initiatives to increase public awareness of environmental problems and knowledge of pollution
prevention approaches in order to address air quality and waste disposal issues in Northern
Manhattan.
Goal-1:
Dry Cleaning Campaign to reduce the amount of perchloroethylene, a possible
carcinogen, emitted into the air and waste stream by dry cleaners located in Northern
Manhattan and to reduce exposure by workers and nearby residents. This campaign will
be a cooperative effort between WHE ACT and EPA Region n in collaboration with the
Neighborhood Cleaners Association and the Union on Needle Trades, Industrial &
Textile Employees. This campaign begins in January 1997 and includes a needs
assessment survey of cleaners, multi-media, multi-agency seminars, and on-site technical
assistance visits to approximately 30 cleaners.
Goal 2:
Commercial & Industrial Sites Audit: A block-by-block audit of Northern Manhattan to
quantify the types and numbers of commercial and industrial businesses, abandoned
residential manufacturing sites and vacant lots in the area and to identify environmental
issues affecting the community. We will assist WHE ACT in then- audit by training their
auditors, developing surveys, and providing compliance data to ensure that the audit
project is successful.
5. Massena - St Regis Mohawk Project
The Massena area in upstate New York is populated by approximately 30,000 people, some of
whom are residents of the federally recognized St. Regis Mohawk Akwesasne reservation.
Several large industrial sources consisting of electrical power generating stations, primary and
secondary non-ferrous metals production, and a sewerage treatment facility are located in the
vicinity as well as a number of gas stations, automobile service/repair shops, and dry cleaners.
In addition, one Federal and two state Superfund Sites (GM, Reynolds, and ALCOA,
respectively) are located in the Massena area. Extensive contamination resulting from historical
use of PCBs at these sites exists and all three have undergone and/or are undergoing remediation.
The St. Regis Mohawks claim to have observed an increasing amount of disease in the
community, especially among younger age groups, which they are attributing to environmental
pollution. They also believe that environmental pollution is impacting their fishing, hunting and
farming.
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In response to these concerns, EPA and the New York State Department of Environmental
Conservation (NYSDEC) have agreed to embark upon a compliance\enforcement initiative in the
Massena Area to ensure that the St. Regis Mohawks are given equal protection under our
environmental statutes.
Special attention has been given to the two primary non-ferrous metal facilities: ALCOA and
Reynolds located in Massena. These two facilities emit fluoride into the air, are generators of
ignitable and toxic hazardous waste, and formerly used PCBs in their hydraulic equipment, heat
transfer systems, and electrical transformers. DECA has provided regulatory assistance to both
ALCOA and Reynolds'to resolve PCB remediation issues at their aluminum plants. At ALCOA,
NYSDEC has placed a full-time construction inspector on the site to supervise the remediation
project. EPA decided that PCB sludges from the two lagoons at ALCOA could be disposed of
in the on-site PCB landfill. Based on that decision, NYSDEC amended the state Record of
Decision so that one lagoon was remediated in 1996 and the other will be done in early summer
of 1997. In the case of Reynolds, NYSDEC conducts an inspection of the source every two
months and Reynolds has signed a consent decree with NYSDEC that requires the facility to
submit periodic progress reports describing the steps they have taken to minimize air emissions.
Reynolds is currently preparing plans to install new air pollution control equipment. Reynolds
has completed remediation of extensive PCB and Dioxin soil contamination at their facility that
resulted from an explosion of their PCB containing heat transfer system prior to the enactment of
TSCA.
EPA inspected several dry cleaners in the Massena area and found that two such facilities were
operating in a manner that allowed significant amounts of perchloroethylene, a possible
carcinogen, to be emitted into the ambient air. We expect to issue administrative orders to these
facilities hi FY'97 to correct these operations.
6. Guayanilla, Puerto Rico
Residents hi the vicinity of Tropical Fruits farm, Guayanilla, Puerto Rico, complained of being
repeatedly exposed to improperly applied pesticides by the farm workers. In response to these
complaints, PTSB in cooperation with the PR Department of Agriculture (PRDA) conducted
many compliance monitoring inspections, substantiating several FIFRA and CERCLA violations.
It was determined that numerous such pesticide exposure incidents occurred in this EJ area; it
was also determined that the agricultural workers and pesticide handlers employed by the farm
were exposed to pesticides hi violation of the Worker Protection Standards regulations.
EPA/PTSB and PRDA provided the community surrounding Tropical Fruit farm with pesticide
information and conducted/coordinated meetings with the community.
The compliance monitoring/enforcement efforts continue during FY'97.
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7. Long Island, New York
A transport/waste disposal company was hired to catalog and dispose of laboratory waste from
the school systems in several school districts in Long Island, New York. Two school districts
were in designated EJ areas.
After coordinating with the Regional EJ Coordinator and the Regional EJ Workgroup, DECA-
PTSB finalized a SEP as part of a PCB enforcement action that provided free disposal of
laboratory chemicals from the schools located in these EJ areas. The SEP was very successful,
with eight school districts having participated in the program.
About 40 inspections to ensure compliance with hazardous waste requirements were conducted
in the New Castle/Westbury EJ areas. This followed DECA becoming aware of EJ concerns in
these areas in 1995.
8. Seneca Indian Nation, New York
The Seneca Indian Nation, a federally recognized Indian reservation in upstate New York,
expressed the concern that due to increased pesticides use on their lands, environmental pollution
has occurred, impacting their fishing, hunting and farming.
In response to this concern, during FY'96, DECA-PTSB provided technical assistance in
establishing a Tribal Pesticide Control Program. This effort will continue in FY'97 and it will be
expanded to other Indian reservations.
9. Barceloneta-Manati Environmental Protection Project
This project was selected as one of the original Region JJ Community-Based Environmental
Projects in the FY96-97 OECA MOA. The area was selected because of drinking water
concerns and the significant release of Methylene Chloride by the pharmaceutical facilities
located in the area. Over 2,330,000 pounds of Methylene Chloride were released to the air in this
area as reported in the 1994 TRI. This represented 40 percent of all TRI air releases in Puerto
Rico, and almost 26% of the national total for Methylene Chloride TRI air releases by the
pharmaceutical sector. Under the project, the area has been targeted for concentrated compliance
assistance; most of the larger facilities have been inspected for compliance under the Regional
Multi-media inspection program. In May 1997, two seminars were conducted; one for
municipal officials covering all environmental laws, including TRI, and a second targeted to
medium/small facility owners/operators which focused on UIC, UST, and TRI requirements.
Next steps include the formation of an inter-municipal wellhead protection program. The mayors
of the Municipios have been contacted and they have designated representatives for the program.
We are reaching out to the Barrio representatives to seek their participation as well.
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10. The South Bronx Community-Based Environmental Project: An Open Forum for
Environmental Justice Concerns
In the South Bronx, EPA is using a community and partnership-based process to encourage
citizens to voice then- concerns about environmental problems and to respond in a timely way to
wide-ranging questions and issues they have raised about the mixed industrial-residential area
where they live. Some of the issues emerging from this community forum are outside EPA's own
purview; EPA's practice is to refer these to the appropriate agencies.
Many of the concerns of South Bronx residents are environmental justice issues, hi particular,
many residents see their community as a "dumping ground" for a disproportionate number of
waste facilities, putting them and their children at risk from environmental pollutants. Facilities
located in the South Bronx include waste transfer stations (for solid waste, construction and
demolition debris, putrescible and medical waste), a wastewater treatment plant, and a sewage
sludge treatment plant (both of which are among the largest in NYC) all of which residents
believe contribute to strong odors hi then* neighborhoods. Residents have complained that the
odors compromise their quality of life; they have also expressed concerns about ambient air
quality and its possible effects on health.
Asthma is the primary public health concern in the South Bronx. Residents have a higher rate of
asthma than in other areas of New York City, which itself has one of the highest asthma rates in
the United States. Many members of the Hunts Point community in the South Bronx believe that
air pollution from the many nearby waste facilities is causing the high rate of asthma.
A good starting point for Community-Based Environmental Protection is to ensure that the
national baseline environmental protections are effectively hi place. Therefore, to ensure
compliance with environmental regulations and permits under its jurisdiction, EPA has
performed more than 150 inspections in the South Bronx hi calendar year 1996; varying degrees
of noncompliance were found at 42 facilities. Appropriate enforcement actions (ranging from
formal notices of violation to administrative orders with civil penalties) are pending, hi addition,
well over 100 inspections have been conducted by the state Department of Environmental
Conservation (DEC), the New York City Department of Environmental Protection (city DEP),
and the city Department of Sanitation (city DOS) pursuant to then- respective authorities.
To address citizens' concerns about odor releases, EPA has been working in partnership with
New York City and the state to reduce odors emitted from both the privately owned New York
Organic Fertilizer Company (NYOFCo) and the city-operated Hunts Point Water Pollution
Control Plant. Despite what EPA found to be state-of-the-art odor-control equipment at the
fertilizer company, it had a history of citations and fines from the city DEP for odor violations.
The DEP imposed stipulations for odor assessments and improvements, specifying penalties for
any future violations. In response, the company hired a consultantOdor Science and
Engineeringto determine the cause of the odors being released. In addition, EPA identified an
operational problem at NYOFCo, involving the maintenance of negative air pressure. The
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company upgraded its operations to correct the problem in March 1996, at a cost of more than
$2 million. Since then, say residents, the incidence of odors has been reduced significantly.
In April 1996, EPA inspected the Hunts Point sewage treatment plant and the surrounding
neighborhood to assess odor conditions and identify any possible odor sources other than the
plant, and provided its findings to the state DEC. EPA identified several specific potential
sources of odors within the facility and recommended changes in procedures for maintaining
negative air pressure and managing treatment tanks. These changes, together with upgrades
made by the city DEP involving its sludge dewatering building and existing odor-control
systems, have resulted in dramatically reduced odors at the facility. Upgrades at the facility are
ongoing, with continuing oversight by EPA.
As part of its work with several other agencies to study and address asthma in the South Bronx,
EPA conducted an in-depth review of existing scientific literature and medical research. The
prevalence and severity of asthma have risen dramatically worldwide over the past several
decades, with the greatest increase among children in minority and low-income communities.
Although scientists and doctors do not completely understand the reasons for this trend, they
suspect that asthma is the result of multiple factors, including poor access to medical care, stress,
heredity, and both outdoor and indoor air pollution. For this reason, the problem of asthma in the
South Bronx is being addressed on several fronts concurrently:
EPA and the state DEC have monitored ambient air in the South Bronx to compare pollutant
levels with those hi other areas of New York City where asthma rates are lower. Pollutant levels
were not found to be comparably higher in the South Bronx. Nevertheless, the federal Agency
for Toxic Substances and Disease Registry (ATSDR) has committed funding for a state DOH
study of ambient air quality and asthma hospital admissions in the South Bronx and East Harlem
to look for any relationship between asthma and ambient air quality in these areas which,
although geographically similar, have different asthma rates.
Because indoor air pollution has been widely reported to trigger and exacerbate asthma, EPA has
awarded grants collectively totaling $75,000 for a combination of investigatory studies on indoor
ah* pollutants and outreach and training on asthma management and control of potential asthma
triggers hi the home. Rutgers University, the American Lung Association, the state DOH, and a
Columbia University entomologist are the grant recipients.
Under a $29,200 OPPTS CBEP grant, an Integrated Pest Management (IPM) Project has begun
in the South Bronx to demonstrate sustained reduction of cockroaches and rodents in inner city
apartment buildings. Rodent and especially cockroach allergens have been associated with
asthma exacerbation.
To help provide a safety net for asthmatic children who need to have their symptoms recognized
and receive proper medical attention, the city DOH began a $375,000 childhood health
promotion initiative in the South Bronx, including a community planning group led by a full-time
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director. In addition to maintaining free asthma clinics citywide, the DOH has trained 108 school
nurses to teach children how to avoid asthma triggers and manage their condition.
In general, education and community outreach are major components of the South Bronx
Community-Based Environmental Project. Under its Community University Partnership
environmental justice grant program, EPA has awarded $375,000 to the Hostos College Center
for a Sustainable Urban Environment. In addition to development of a geographic information
system (GIS) incorporating regional environmental, health, and demographic data to be shared
with local hospitals, community boards, and libraries, the grant will support public outreach
seminars on environment and health. EPA staff regularly exchange information with Hunts
Point community representatives and attend monthly community board meetings. EPA has
established an information repository at the Hunts Point Community Board 2 office. Among
other anticipated outreach efforts, a public meeting with local environmental groups is planned at
EPA's Region 2 office in early 1997 to discuss activities in Hunts Point, address community
concerns, and provide a forum for input concerning EPA's future activities in the South Bronx.
11. Barriers related to incorporating EJ into everyday activities:
When dealing with EJ communities one must be aware of all the sensitive issues that exist.
Sometimes this information is not available and causes problems when attempting to establish a
relationship.
Resources are limited when attempting to define and/or analyze the "Environmental Burden.
Environmental staff may not be open to EJ and in some cases take offense when EJ issues are
presented to them.
When it comes to inspection targeting there is the issue of when to factor in EJ. Should we
identify EJ (low income and minority) factors prior to identifying the environmental conditions,
or should we reverse the targeting/inspection process and make EJ a secondary screening factor.
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Region 3, Air, RCRA, Toxics Division/WCMD
John Ruggero
o
U.S. ENVIRONMENTAL PROTECTION AGENCY
REGION III
ENVIRONMENTAL JUSTICE UPDATE
DECEMBER 1997
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BACKGROUND
EPA Region III:
Consists of the States of Pennsylvania, Delaware, Maryland, Virginia, West Virginia, and the
District of Columbia. There are several large urban areas in the Region including: Baltimore, the
District of Columbia, Philadelphia, Pittsburgh, Wilmington, and Richmond. There are no
federally recognized tribes in Region HI, however there are several state recognized tribes in
Virginia.
BALTIMORE URBAN ENVIRONMENTAL INITIATIVE
The Baltimore Urban Environmental Initiative is a major project being conducted in Baltimore in
cooperation with Maryland Department of the Environment (MDE), the Baltimore City Health
Department, and the Baltimore City Planning Department. This project is a cooperative effort
being conducted to identify and rank areas of disproportionate risk in the City for purposes of
implementing risk reduction, pollution prevention, public awareness and other activities to
effectively eliminate, or at least minimize these risks. Grants awarded to the City of Baltimore
and MDE have lead to the development of a number of projects designed to address
environmental concerns in the areas of Lead, Hazardous Materials Incidents, Indoor Air Quality,
Fish Consumption/Toxins in the Harbor, Ground Level Ozone Pollution, and Air Toxins. Thus
far, initiatives hi these environmental areas of concern have provided:
Lead awareness and lead hazard reduction training and education to residents living in areas at
high-risk for lead-based paint exposure in Baltimore City by providing more than 3000 lead-dust
cleaning kits and appropriate training to area citizens. One lead education and awareness video
has been completed and has been provided to health care agencies in all 24 Maryland
subdivisions, the second lead education and awareness video is currently in production and is
scheduled for distribution in the near future. A study to evaluate the effectiveness of these clean-
ups is currently being conducted.
Training was provided to Heating, Ventilating and Air Conditioning workers in the Baltimore
City Public Schools. This will help to improve indoor ah- quality in the schools by improving the
efficiency and operation of school heating and cooling systems. An evaluation program to
measure the program's effectiveness is underway.
A system for inventorying and maintaining a hazardous waste database for businesses in
Baltimore City was developed in conjunction with the Baltimore City Fire Department,
Baltimore City Departments of Health and Planning, MDE, and regional personnel.
Funding provided by Region ffl allowed MDE to develop an Ozone Pollution program for
citizens which utilizes an ozone pollution map which is broadcasted by WJZ TV-13 in Baltimore
and WRC TV-4 in Washington, DC as a part of its weather forecast, to provide at-risk citizens
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with information that will allow them to take appropriate action during days on which ozone
levels are high.
Grant funds provided to MDE also allowed for the development of a comprehensive fish
consumption survey of subsistence fishermen in Baltimore Harbor. The survey data, collected by
MDE through the cooperative efforts of Sojourner Douglass College and the University of
Maryland at Baltimore's Environmental Justice Project, are being used to develop education and
outreach strategies for the area regarding subsistence fishing and fish consumption, as well as to
provide valid fish consumption data for risk estimates. Assessment of crab consumption is
underway at this time.
The Long-Term Track will follow-up on projects identified during the course of the Short-Term
Track, and identify future environmental monitoring and data collection needs. Focus groups
have been formed within Baltimore City that will address community concerns about the
environment and that will serve as a sounding board for the project.
The draft risk evaluation report developed for Baltimore using existing environmental data for
the area will serve as a living resource document for use by the people of Baltimore as a research
tool and environmental resource. Review and revision of the document is currently underway,
with a final document expected for completion by the spring of 1998.
SOUTH BALTIMORE ENVIRONMENTAL JUSTICE
COMMUNITY INVOLVEMENT PARTNERSHIP PROJECT
A cooperative project was developed by the Office of Pollution Prevention and Toxics (OPPT)
with the cooperation of Region HI that is designed to address the environmental concerns of the
residents living and working in South Baltimore through the use of a partnership between OPPT,
Region HI, MDE, the City of Baltimore, area business and industry, and the residents of the
communities of Cherry Hill, Brooklyn, Brooklyn Park, Curtis Bay, Fairfield, Hawkins Point, and
Wagner's Point. The project is focusing on efforts to learn how to more effectively address the
concerns of the environmental justice movement and communities in the area through a
cooperative partnership. Thus far, the partnership has:
Held a public meeting attended by more than 200 area residents where the community identified
and began to prioritize their environmental concerns. Out of this meeting five focus groups were
formed to develop action plans for each of the areas of environmental concern identified by the
community. Each focus group is co-chaired by a community resident and an area business
person. These groups developed their plans of action.
On March 1,1997 the community Office for the Community Partnership Project (South
Baltimore Environmental Justice Community Involvement Project) opened at 3606 South
Hanover Street in Baltimore. The opening was attended by more than 100 people including local
residents, business, public officials and dignitaries. Baltimore Mayor Kurt Schmoke, the keynote
speaker for the event cut the ribbon along with community representatives.
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Region in provided 20 computers to the Partnership for use by the community. Two are located
in the Partnership Office and the rest are located in the area schools.
The five community-based workgroups have undertaken various activities to affect positive
change in the community. Community-based clean-ups, environmental screening, and
community involvement projects are among the activities coming out of the partnership.
A new executive committee is now in place in the partnership. This three person committee
consisting of a resident from Cherry Hill, the minister of the local United Methodist Church, and
the representative of the Baltimore Development Corporation who is also from the area; now
provide the community-based leadership for the project. The executive committee most recently
sponsored a raffle to raise funds to finance project activities.
ENVIRONMENTAL JUSTICE ISSUES IN EPA REGION HI
Mattaponi-King William Reservoir:
The Director of the Office of Enforcement, Compliance, and Environmental Justice and other
Regional staff have been meeting with the Mattaponi on a regular basis regarding the issues
raised to the NEJAC by the Mattaponi regarding the King William Reservoir.
King William Reservoir Final Environmental Impact Statement comments were due July 25,
1997. EPA had a number of concerns regarding construction of King William Reservoir IV and
compliance with the National Environmental Policy Act (NEPA) and implementation of the
President's Executive Order on Environmental Justice. Unfortunately, the location and scope of
this project present some unique situations and complex issues with which to deal. The
following represent the some of the major outstanding issues that EPA believes need to be
addressed in order to provide full public disclosure per the National Environmental Policy Act:
Environmental Justice - The NEPA document did not contain a full and complete analysis of
the project's effects on the Environmental Justice communities in the area per the President's
Executive Order on Environmental Justice (EO 12898).
UPDATE: Region HJ is actively involved in the Section 106 of the National Historic
Preservation Act (NHPA) process as a consulting party. We are providing the Norfolk District
Corps of Engineers with a funding mechanism ($25,000) to hire an ethnographer to work with
the Native American community in the area. We have encouraged the Corps of Engineers and
the Regional Raw Water Study Group to investigate the presence of other EJ communities (most
notably the African American) in the project area. The Regional Raw Water Study Group has
held one meeting with the African American community to describe the King William Reservoir
project and the Section 106/TCP process.
Cultural Resources - The NEPA document did not provide a full analysis and disclosure of the
presence or absence of Traditional Cultural Properties (TCP) according to the National Historic
Preservation Act (NHPA). UPDATE: Region m is a consulting party to the TCP study and the
MO A for Section 106 process. We are currently preparing an Interagency Agreement (IAG) to
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provide funding to the Norfolk District Corps of Engineers for the use of an ethnographer to
study and document TCPs in the study area.
Dioxin - A municipal solid waste landfill (permit #505} is located in the Cohoke Mill Creek
watershed. EPA's Region HI Emergency Response Center was asked to sample (January 1997)
several monitoring wells near the King William Landfill, King William County, Virginia for
dioxin. Based on those samples, EPA determined that the concentrations of octochlorinated
dibenzo-p-dioxin, the least toxic isomer of dioxin (OCDD) found did not require a removal
action. We further determined that the current levels do not approach any levels of concern for
drinking water from the King William Reservoir should it be built.
UPDATE: Significant public concern remains regarding potential dioxin risks at Landfill
LF#505. Region ffi representatives met on November 7,1997 with the Institute for Public
Representation (representing the Mattaponi Tribe) and Peter de Fur (dioxin expert at Virginia
Commonwealth University) to discuss dioxin concerns at the King William County landfill.
EPA may conduct additional testing, in coordination with the Tribe and Peter de Fur, to buoy
public confidence in the January 1997 results.
Chester Pennsylvania:
Pennsylvania Department of Environmental Protection has denied a permit to Cherokee
Biotechnologies, Inc. for a proposed soil remediation facility in the City of Chester.
Principles of Solid Waste Management Planning-South Africa-BNC:
EPA Region HI developed an international facilitated training module entitled, "Principles of
Solid Waste Management Planning" that was delivered in Pretoria, East London, and Cape
Town, South Africa in May of 1997. During this phase, 65 South African participants were
trained by four EPA facilitators who conducted the three course deli very. The course
participants represented NGOs, CBOs, industry, and provincial and national environmental
agencies. In September of 1997, three EPA facilitators returned to South Africa to coach the "in
country" facilitators who delivered the three train the trainers course to audiences in Pretoria,
Port Elizabeth, and Cape Town. One EPA facilitator worked with each group of South African
facilitators, each of whom had been participants in the previous course deli very. This activity
which falls under the BNC was viewed as a major success by the South Africans. The facilitators
in Pretoria and Cape Town have already held follow-up meetings to discuss plans for future
course presentations in communities around South Africa. EPA Region HI has also been in
communication with the South African Environmental Justice Network, and has been providing
them with technical information and environmental justice contacts in the United States.
Anacostia:
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Delegate Eleanor Holmes-Norton recently introduced legislation to designate the Anacostia River
as a National Urban Watershed Restoration Model. The new DC Health Commission's
environmental priorities include combined sewer overflows (mainly to the Anacostia River) and
fish consumption advisories.
ENVIRONMENTAL JUSTICE REPORT -Office of External Affairs
Region El contributed to the national dialogue for the Center for Environmental
Information and Statistics through two focus groups. One group brought together a wide
cross-section of Philadelphia's African-American community. The group included two
college students, two clergymen, several community volunteers, two environmental
business owners and the deputy director of the city's commerce department. Education
and outreach were the primary topics that drove the discussion.
Major findings include:
EPA must push relevant information to the public more actively.
Communities bear the responsibility to inform EPA about then- needs. EPA must work with
and through local leaders and institutions to develop credible information transferral
networks.
Information should be presented in urban geography-relevant forms.
The perception of accuracy is founded on credibility.
Environmental education and outreach for all ages is need in impacted communities. It is
critical to have a human touch, people on the ground, to explain the importance and relevance
of EPA data.
Regional Environmental Justice/Title VI CIS Application:
Region HI has developed a GIS-based application for use in Environmental Justice and Title
VI cases within the Region.
LEAD POISONING PREVENTION
1. Grant to Philadelphia to Implement a Landlords Lead Education Strategy and conduct
community-based lead education projects, using a "whole house" approach.
2. Grant to Philadelphia Tenants Action Group to educate tenants about the hazards of lead
and tenants' rights under local and federal lead disclosure laws.
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3. Funding Student Environmental Development Project, through which middle school
students from Philadelphia participate in a 6-week environmental education class and
students are trained to conduct outreach on lead hazard prevention.
4. Grant to Philadelphia Urban Resources Partnership, through which middle-school
students who participate in after-school programs in 12 recreation centers in high risk
neighborhoods in Philadelphia learn about the hazards of lead.
5. Grant to Retired Seniors Volunteers Program in Richmond and Lynchburg, VA, to
educate local citizens about the hazards of lead through trained senior citizens in these
cities.
6. Conduct of Round table in Philadelphia to enhance networking between Philadelphia,
where successful lead poisoning prevention activities have been underway for many
years, and District of Columbia, where lead training and certification activities are just
commencing.
7. Subgrant to the Chester, PA to conduct a lead dust cleaning campaign in local residences.
Coordinate this project with others to be initiated as Supplemental Environmental
Projects in lieu of certain fines for Clean Air Act violations in Chester.
8. Grant to University of PA to teach middle school students in Philadelphia how to test
their homes for lead and how to prevent lead hazards.
Comments in Addition to Handouts:
John Ruggero said that EJ functions are integrated into each division. Each has its own EJ
coordinator. Projects are selected within each division and tend to be project driven. Each
project has its own EJ coordinator. He said that there are two issues within the ER radiation
and toxics division that may provide you with some ideas. The first area is with in lead. He
said there were a couple of themes. First, he pointed out that the projects are characterized by
partnerships that's why they work. Because of partnerships, the region is able to do a lot
more on a low budget and with relative success. Second, there's flexibility: one project
involves a group of teenagers, telling stories to younger children, spreading word at that level.
When they find an opportunity, they have to be flexible to seize it. A trademark of Region 3
is that it is always looking for the new angle. There's everything from school children coming
into the regional office and participating in educational programs, to tenants action groups
working with landlords. John also added that the Region is taking advantage of GIS Tools
that the EPA now has in terms of targeting and understanding where to go. Region 3 is
developing an indexing system, which looks at more census data. They can determine, for
example the percentage of housing that is contaminated with lead-based paint, and what
percentage of those houses include people living below the poverty line. It gives you the
opportunity to weigh these factors and empirically analyze them. Mr. Ruggero added that he
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would like to see a process that focuses on trends in urban areas. If people need more
information, he said he would be happy to provide.
Questions. Answers. Comments:
In reference to the systems, Susan Hazen said they have been using TRI data combining it
with census data and other information to do targeting mapping. A group (Multi-National
Business Services) under the Administrative Procedures Act petitioned the Office of
Management and Budget to prohibit the Agency from using release or transfer or other
monitoring data hi combination with other data or other information systems as an
inappropriate combination of data that petition is pending. She will keep a close eye on it.
She doesn't think it will go very far. Specifically going beyond just looking at enforcement
data and they say combining it with any other type of data that leads to the Agency or the
public to set priorities is an inappropriate use. But she emphasized that this means the
Agency's making a difference.
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Region 4, Air, Pesticides, Toxics Management Division
Winston Smith and Jim Kutzman
CHILDREN'S PESTICIDES, ASBESTOS AND LEAD (PAL)
INITIATIVE
1. Project Objectives
Consistent with the National Agenda to Protect Children's Health From Environmental
Threats which is stated in EPA's report on Environmental Health Threats to Children, the
Pesticides and Toxic Substances Branch is developing a pilot project to reduce environmental
threats to children in selected Region 4 location(s). The objective of the Children's PAL
Initiative is to develop a joint coordinated community and government partnership to address
pesticide, PCB, asbestos and lead exposures faced by children at home, school, and play. The
program will include implementation of community-based educational programs for parents,
children, educators and decision-makers to reduce childhood exposures to pesticides,
asbestos and lead. The program also plans to utilize resources in the community and
government to help empower families and neighborhoods to take better care of their
children's environment. If the pilot is successful, the approach and methods used may be
implemented in other areas either regionally or nationally.
EPA Region 4 Pesticides and Toxic Substances Branch has identified specific environmental
hazards within the Region for which there is specific concern for the welfare of children.
They are lead exposure in residences and at playgrounds, residential pesticide use and
management, pesticide management in schools, management and/or abatement of asbestos in
schools, residential and school toxic chemical usage and storage and PCB exposure from
leaking transformers near children's play areas. These environmental concerns were
identified and selected based on their acute and chronic health effects on children and
prevalence in areas most commonly occupied by childrenhome, school and play.
Childhood lead poisoning remains among the most serious environmental threat to children
with over 1 million children having blood levels exceeding the level of concern established
by the Centers for Disease Control and Prevention. Although average lead levels have
dropped more than 80 percent for both children and adults since the late 1970s, more than
one-fifth of non-Hispanic black children living in older homes have elevated blood levels.
In 1995, poison centers across the United States reported that there were more than a million
toxic exposures or poisonings to children under age five, including six fatalities. The
improper use of agricultural pesticides hi homes is currently a significant concern in this
region. The deaths of at least three children in Region 4 have been directly attributed to the
misuse of agricultural pesticides in residential settings.
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The sites(s) targeted for the Children's PAL Initiative will generally encompass low-income,
minority communities with older (pre-1950s) homes. After consultation with State agencies
and consideration of the demographics, agricultural setting, housing age and potential
community interest, the Baldwin County, Georgia area was selected for the first pilot study.
2. Expected Project Outputs
Develop a model of a joint-coordinated community and government (federal, state and local)
partnership to address children's environmental health issues.
Develop new, comprehensive policies to address cumulative and simultaneous exposures
faced by children analogous to the goal of EPA's Common Sense Initiative ~ moving
beyond the chemical-by-chemical approach of the past.
Compile descriptions of existing toxic/pesticide exposure reduction programs utilized by
other communities and states.
Expand education efforts with health and environmental professionals to identify, prevent,
and reduce environmental health threats to children.
Coordinate the usage of available local, state, and federal resources to institute measures to
reduce children's exposures to toxics, lead, asbestos, and pesticides.
3. Measures of Success
It is imperative that we build partnerships with the stakeholders in order to address the
community concerns. A key measure of our success will be the number of residents we can
identify that may be living hi a situation where environmental hazards are present and the
assistance given them through educational and outreach efforts to mitigate these problems.
Since this Initiative will utilize a high profile outreach and education component, surveys and
screenings will be conducted to verify the effectiveness of the program. Pre- and post-
Initiative blood screening for lead and pesticides in children and numbers of pesticide
poisonings are a few examples of measures of success of this program.
Toxics
Warren County TSCA PCB Landfill: The Warren County PCB Landfill (WCLF) was built in
1982 to dispose of PCB contaminated soil removed from the right of way along several
stretches of North Carolina highways. The PCBs had been illegally discharged along the
roadsides in the late 1970's by a waste transporter. The State of North Carolina owns and is
responsible for managing the closed WCLF hi Warren county, North Carolina. Based on cost
considerations, North Carolina chose to build an in-state landfill to dispose of the
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contaminated soil rather than ship it to an out-of-state TSCA facility. In December 1978,
North Carolina submitted an application for approval to construct and operate a PCB landfill
to EPA Region 4. On June, 4,1979, EPA issued the approval to construct the landfill. On
December 14,1981, EPA issued an amended approval after receiving and reviewing the final
plans and specifications for the landfill. Among the additional requirements imposed by EPA
in the second approval letter, were leachate removal and treatment.
Under the Superfund program, EPA signed an agreement with North Carolina whereby EPA
paid a major share of the cost for cleanup of the illegal, roadside disposal sites and
construction of the WCLF. The WCLF was built, but with substantial citizen opposition.
The WCLF played a key role in the development of the environmental justice movement in
the U.S. In response to local concerns, the then Governor (Hunt) of North Carolina made a
promise to look at treatment technologies to detoxify the landfill contents at a future date.
Upon resuming the office of Governor, Mr. Hunt sought to fulfill his promise to the Warren
County residents to study landfill detoxification. He also established a joint Warren
County/State Working Group to monitor progress on the detoxification efforts. The Working
Group is advised by independent technical consultants of its own choosing.
During the past two years, the State has been making preparations to obtain waste samples
and conduct treatability studies to evaluate detoxification technologies. The studies to
examine PCB destruction technologies require a Research and Development approval under
TSCA. Region 4 staff met with State officials and the Working Group in 1995 and have
provided guidance on the approval process. As the detox work progressed, the Working
Group began raising questions about the state's adherence to monitoring and landfill
maintenance requirements in the TSCA approvals and whether the State had actually
constructed the landfill in accordance with plans submitted to and approved by EPA.
Region 4 has made several visits to the WCLF to review North Carolina's records on the
WCLF to determine whether or not the State has violated TSCA approval conditions for the
WCLF; and to assess the condition of monitoring wells and the leachate removal system and
collect leachate and groundwater samples for analysis. Region 4 is in the process of
reviewing the records and data of sample analysis collected from the site visits to determine
compliance and recommended corrective action if necessary, upon which the findings will be
reported to the Working Group and North Carolina.
Questions. Answers. Comments to Winston Smith's presentation:
Referring to Mr. Smith's discussion about simultaneous exposure faced by children, Michael
Hardy (HQ/OPP/AD) wondered if the region had been working with HQ to develop a
standard for multiple exposure concern. Mr. Smith replied that no, they had not come a long
way. He doesn't know if contact has been made. It hasn't come to his attention that it has.
Susan Hazen noted that some regions were discussing the whole issue of cumulative risk,
some focusing on children, others looking more broadly. She suggested that perhaps
collectively, later in the meeting, they could come up with a strategy.
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Questions. Answers, Comments to JimJCutzman's presentation:
Marv Rosenstein said he agrees about institutionalizing EJ, making it part of our everyday
work. Noting that his region had a contentious landfill problem in Connecticut that polarized
the community. Mr. Rosenstein said that people complained that the state was not a
cooperative partner. They argued that the public participation proceedings were inadequate in
permitting the landfill. Mr. Kutzman had mentioned that he had a work group on how to deal
with this. Mr. Rosenstein asked if there were any lessons learned in how to deal with this.
Mr. Kutzman said that the state was actually funded the technical advisors to the working
group. It wasn't antagonistic, the problem was there were no clear decisions on how to
proceed. Because of the uncertainty, people get anxious.
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Region 5, Waste, Pesticides, Toxics Division
Norm Niedergang and Phyllis Reed
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGIONS
MEMORANDUM
DATE: October 30, 1997
SUBJECT: Draft "Region 5 Interim Guidelines for Identifying and Addressing a Potential
Environmental Justice Case" (Interim EJ Guidelines)
FROM: Environmental Justice Regional Team
TO: Region 5 Management and Staff
The purpose of the attached Draft "Region 5 Interim Guidelines for Identifying and
Addressing a Potential Environmental Justice1 Case " (Draft Interim EJ Guidelines) " is to
outline a process for EPA Region 5 management and staff to use when determining whether a
case2 should be considered a potential environmental justice case and, if so, what course of
action should be taken for EPA-lead activities.
The Draft Interim EJ Guidelines were created to fill an immediate need to provide Region 5
staff with a methodology for identifying and addressing potential EJ cases. They direct the
user to consider the low-income population and minority population of the area in which their
case is located and make decisions according to specific criteria. In addition, the guidelines
include a number of protocols that provide recommendations to the user on how to address
enforcement, permitting, and community involvement when potential environmental justice
concerns exist.
1 "Environmental Justice" is the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and policies.
2 "Case" means any site, project, community, area, administrative case, or judicial case.
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There are inherent limitations in these guidelines in that they are based primarily on an
assessment of demographics and do not involve a complex analysis of risk or
"disproportionate impacts" (a key factor in environmental justice assessment). The benefit to
this approach is that it allows for expediency in identifying EJ cases. Should a complex
analysis of risk or "disproportionate impacts" be necessary, the guidelines contemplate such
an action on a case-by-case basis.
Ultimately, identification of EJ cases within Region 5 will help the Region understand the
universe of EJ cases within its boundaries and afford the Agency the ability to target efforts
toward these cases. This baseline information gathering and targeting process will provide an
avenue for moving the Region toward its goal of virtual elimination of disproportionate
environmental impacts on minority and low-income communities.
The entire Draft Interim EJ Guidelines package is composed of the following:
1. "Interim Guidelines for Identifying and Addressing an Environmental Justice
Case" Document: Outlines a multi-step process for determining whether a case should
be considered a potential environmental justice case.
2. Frequently Asked Questions (Attachment A): Provides answers to questions
frequently asked by individuals engaged in identifying environmental justice cases.
3. GIS Protocol (Attachment B): Outlines the process for obtaining demographic
information using GIS (Geographic Information Systems) for a particular case/site. GIS
information must be obtained for every case before an environmental justice
determination can be made.
4. Environmental Justice and Enforcement Protocol (Attachment C): Provides
information to enforcement staff on how environmental justice can be taken into account
in enforcement matters.
5. Environmental Justice and Permitting Protocol (Attachment D): Provides
information to permitting staff on how environmental justice can be taken into account in
permitting matters.
6. Environmental Justice and Community Involvement Protocol (Attachment E):
Provides information to staff on the Office of Public Affairs' role in ensuring public
participation and conducting community outreach in environmental justice communities.
By December 1997, these guidelines will be finalized and thereafter used by Regional staff
until such time that national guidelines are developed by U.S. EPA Headquarters. However,
these guidelines should also be considered a "living document" which will be subject to
modification as new information becomes available and feedback from Region 5 EJ
stakeholders is received. The Environmental Justice Regional Team welcomes your
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comments, suggestions, and questions on these guidelines. Please direct all feedback, in
writing, to your respective Division/Office EJ Regional Team window by November 15,
1997.
***
These Interim Guidelines are for the use of U.S. EPA Region 5 personnel. Region 5 reserves
the right to change these guidelines at any time, without prior notice, or to act at variance
from these guidelines. These guidelines do not create any rights, duties or obligations with
respect to any third parties.
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DRAFT INTERIM GUIDELINES FOR IDENTIFYING AND ADDRESSING
A POTENTIAL ENVIRONMENTAL JUSTICE CASE*
Start
Get demographic
information for
block group in
which case is
located (See GIS
Protocol -
Attachment B).
Is low-Income or minority
i population percentage of
the block group in which
the case is located greater
, than or equal to 2 times
the State tow-income and
minority percentage?
(FY98 Priority Setting
Proactive Track)
Is low-Income or minority
population percentage of
the block group in which
the ease is located
between the State and 2
times the State low-income
and minority percentage?
(FY98 Responsive Track)
NO-
Case should not
_ be identified and
addressed as a
potential EJ case.
YES
YES
* 'Case* means any site, project,
community, area, administrative case,
or Judicial case.
Case should be Identified
and addressed as a
potential environmental
justice case. Follow
Enforcement, Permitting,
and Community
Involvement Protocols, as
appropriate (See
Attachments C-E).
YES
Are you responding to a
community that has
identified itself or the case
as having environmental
justice issues or is there
reason to believe that
environmental justice
issues are present?
NO-
No further
evaluation is
> required at this
time.
Document
decision.
End
These Interim Guidelines are for trie use of U.S. EPA Region S personnel. Region S reserves the right to change these guidelines at any time,
without prior notice, or to total variance from these guidelines. These guidelines Oo net create any rights, duties or obligations with respect to
any third paroas.
REGION 5 STATE LOW-INCOME AND MINORITY POPULATION PERCENTAGES *
State
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
Low-Income (%)
26
28
28
26
29
27
2 Times Low-Income (%)
52
56
56
52
58
54
Minority (%)
25
10
18
6
13
9
2 Times Minority (%)
50
20
36
12
26
18
* Low-income and minority population information was gathered from the U.S. Bureau of Census
EJRT - 10/JO/97
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FREQUENTLY ASKED QUESTIONS RELATED TO THE
INTERIM E J GUIDELINES
Ql. What is Environmental Justice?
Al. Environmental Justice is the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and policies.
Fair treatment means that no group of people, including racial, ethnic, or
socioeconomic group should bear a disproportionate share of the negative
environmental consequences resulting from industrial, municipal, and commercial
operations or the execution of federal, state, local, and tribal programs and policies.
[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 in minority communities and low-
income communities.]
Q2. What are the "Interim Guidelines for Identifying and Addressing an
Environmental Justice Case" (Interim EJ Guidelines) and when do I use them?
A2. The guidelines were developed by the Environmental Justice Regional Team and
outline a process for identifying and addressing potential environmental justices
cases. They include criteria for identifying potential environmental justice cases with
respect to low-income populations and minority populations and provide
recommendations for taking environmental justice into account in enforcement,
permitting, and community involvement matters. These guidelines should be used
whenever staff is trying to determine whether then: case is a potential environmental
justice case and what actions to take (on EPA-lead activities) once this designation is
made.
Q3. Have national environmental justice guidelines been developed? Have other
Regions developed guidelines?
A3. No, national guidelines have not yet been developed but there is a HQs workgroup
working on this matter. Until such time that national guidelines are released, Region
5 should use it's own guidelines. Yes, other Regions have developed or are in the
process of developing guidelines, including Regions 2, 6, 8, and 9. Each Regions'
guidelines vary in degree of complexity.
Q4. Why are these guidelines considered "interim"?
A4. The EJ Interim Guidelines were created to fill an immediate need to provide Region 5
staff with a methodology for identifying and addressing EJ cases. There are inherent
limitations in these guidelines in that they are based primarily on an assessment of
JI-45
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ATTACHMENT A
demographics and do not involve a complex analysis of risk or "disproportionate
impacts" (a key factor in environmental justice assessment). This approach has
benefits because it allows for expediency in identifying EJ cases.
Q5. Why isn't an "assessment of disproportionate impacts or cumulative effects"
included in the guidelines as an integral criteria for identifying potential
environmental justice cases?
A5. The science of assessing disproportionate impacts/cumulative effects is a still
evolving. To date, there is no proven methodology for conducting this assessment
and what can be done is a very labor intensive and costly effort. To include this
assessment as an integral part of the guidelines would mean the Region could achieve
very little toward identifying it's potential environmental justice cases because of the
complexity of the assessment. The guidelines do, however, contemplate such an
assessment on a case-by-case basis as the need or availability of required information
exists. As currently written, the guidelines offer a user-friendly methodology for
management and staff seeking a quick assessment of whether a case is potentially
environmental justice based primarily on demographic information.
Q6. Can I share these guidelines with the States and other external partners?
A6. Yes. Although these guidelines are to assist internal EPA management and staff in
assessing and addressing EJ cases they may be shared with other partners. Keep in
mind, however, that these guidelines apply only to those activities where U.S. EPA
Region 5 has direct authority. Our external partners are not required to follow them
but are encouraged to take them into consideration.
Q7. What is meant by "disproportionate impacts"?
A7. "Disproportionate impacts" as it relates to environmental justice means that the
adverse human health or environmental impacts or effects on a particular community
or segment of the population that is out of proportion to that of other communities.
Q8. What is "cumulative effects" or "cumulative exposures"?
A8. Total effects or exposures to one or more chemical, biological, physical or
radiological agents across environmental media (e.g., air, water, soil) from single or
multiple sources.
Q9. What is considered a "Minority" or "People of Color Population"?
A9. Minority individual(s), as classified by the U.S. Census Bureau, are members of the
following populations groups: American Indian or Alaskan Native; Asian or Pacific
Islander, Black (African American), Hispanic and other non-white persons. The term
'minority' does not address religion or people who might be distinguished by sex, age
or any type of handicap.
H-46 DRAFT -10/30/97
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ATTACHMENT A
For the purposes of the "Interim Guidelines", an area is considered to have a high
minority population if it's minority population percentage exceeds the State minority
population percentage.
[Note: The Interim EJ Guidelines uses the term "minority" rather than "people of color"
in order to remain consistent with the language in Executive Order 12898, but EPA
Region 5 is mindful and supportive of many communities' preference for the term
"people of color".]
Q10. Why is a "greater than the State (low-income or minority) percentage used as an
indicator of a potential environmental case? What is the significance of "2 tunes
the State percentage'* in potential environmental justice case evaluation?
A10. Within its draft guidance pertaining to EJ analyses3, the Inter-Agency Working Group
(IWG) establishes a minimum numeric measure of minority population at 50% of the
affected area. The guidance goes on to explain that a minority population may be
present if the minority population of the affected area is "meaningfully greater" than
the minority population in the general population or other "appropriate unit of
geographic measure."
We have defined "meaningfully greater" as any value above the State low-income and
minority population percentages. Therefore, any case where low-income or minority
population percentages exceed the percentages of the State hi which is located, is
considered potentially environmental justice. However, since this represents a very large
portion of Region 5, for FY98 priority setting purpose we use "2 times the State low-
income and minority population percentage" as an indicator of the worst potential
environmental justice cases and will focus attention on them. All other potential
environmental justice cases will be addressed in response to community (or other
stakeholders) recommendations or if other compelling circumstances exist.
Qll. What is considered a "Low-income Population"?
All. Low-income populations are considered to be 2 times the poverty level for the State
in question according to the Bureau of the Census' Current Population Reports, Series
P-60 on Income and Poverty.
For the purpose of these guidelines and until such tune that the Census information is
updated, low-income populations shall be defined as 2 times the State percentage for the
low-income population. In addition, for the purposes of the "Interim Guidelines", an area
Guidance For Federal Agencies on Key Terms in Executive Order 12898, developed by
the Interagency Working Group (TWG) on Environmental Justice, August 1995. The IWG was
created by Executive Order 12898 and is comprised of heads (or representatives) of 17
departments and agencies.
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ATTACHMENT A
is considered to have a high low-income population if it's low-income population
percentage exceeds the State low-income population percentage.
Q12. Why is " 2 times the Poverty Level" used?
A12. The U.S. Census Bureau defines "low-income" as equal to 2 times the poverty level.
Q13. What is a'Tribe"?
A13. All federally recognized indigenous peoples (i.e. American Indian tribes (including
Alaskan Native Villages), pueblos, and rancheros).
Q14. What is an Environmental Justice Community?
A14. A minority and/or low-income community disproportionately impacted by
environmental pollution.
Q15. What is demographic information and how do I obtain it?
A15. Demographic information is the statistical data of a population (e.g. race, gender,
ethnicity, income). This information can be obtained via Geographic Information
Systems (CIS) by submitting a request to your Division/Office GIS expert or the
Office of Information Services. See the GIS protocol (Attachment A) for more
information on how to obtain demographic information.
Q16. What is Geographic Information Systems (GIS)?
A16. The Geographic Information Systems (GIS) analysis of Environmental Justice (EJ)
uses the national spatial Data Library System (NSDLS). EJ problems are the
disproportionate loadings of pollutants in areas of high minority and/or low income
communities. GIS is used to provide map products and tables summarizing EJ
demographic parameters in the vicinity of sources. The NSDLS layers commonly
used in EJ analysis includes the 1990 Bureau of Census block group polygons with
the 1990 Bureau of census demographic files, the Topographically Integrated
Geographic Encoding and Referencing (TIGER) 92 roads, railroads and hydrography
and the Envirofacts Points. Envirofacts contains attribute data for EPA regulated
facilities for the major media programs.
Q17. What is meant by "Cases"?
A17. For the purpose of these guidelines, the term "case" is meant in its broadest, most
general sense and refers to any site, project, community, area, administrative case or
judicial case.
Q18. What happens to a case once it is identified as a "potential EJ case"?
A18. What happens to a case once it is identified as a potential EJ case is program
dependent. Please consult your program for specific direction.
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ATTACHMENT A
Ql9. What is a census block group and why obtain demographic information for the
census block group?
A19. A census block group is a defined expanse or area of land utilized by the U.S. Census
Bureau in demographic studies. Census block groups vary greatly in size and are
smaller and more densely populated in urban areas than in rural areas.
The use of the census block groups in demographic analysis is commonly used because it
allows information to be obtained on cases even in the absence of certain information
(e.g. latitude and longitude information). The substantial socioeconomic database
available for census block groups and the fact that they allow the study of uniform
measures of populations are additional benefits.
The disadvantages of using census block groups are apparent when a pollution source is
located near the boundary of the census block group and may, in fact, affect the
population of the adjacent block group; and in less densely populated areas (e.g. rural
areas) where the block group is so large that it may not provide meaningful information.
hi both of these cases, the reviewer/assessor should use his best judgement.
Q20. The Enforcement Protocol discusses how to handle a particular case if it is located in
an environmental justice area. What about targeting of enforcement actions in these
areas?
A20. It is important for the Region to target enforcement resources in environmental justice
communities since these are communities which bear disproportionate risk. We will
be working with the enforcement programs to develop ways accomplish this, hi the
meantime, the attached enforcement protocol provides an outline of what Regional
enforcement personnel can do now to promote environmental justice in cases
assigned to them.
Q21. Can I provide comments on the Interim EJ Guidelines?
A21. YES!!! These guidelines are a "living document" that will be changed as new
information becomes available. The Environmental Justice Regional Team welcomes
comments from you, our customers, on the usefulness and applicability of the
guidelines to your work. It is through your comments that these guidelines improve.
Please direct your feedback electronically to your Division/Office Environmental
Justice Regional Team window.
These Interim Guidelines are for the use of U.S. EPA Region 5 personnel. Region 5 reserves the right
to change these guidelines at any time, without prior notice, or at variance from these guidelines.
These guidelines do not create any rights, duties or obligations with respect to any third parties.
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MAP)
(PART ONE)
NAME
MAILCODE
(PART TWO)
MAP SIZE:
ATTACHMENT B
Environmental Justice
Geographic Information System (GIS) Request Form
(Instructions on back of form)
PLEASE PRINT OR TYPE
PHONE
DATE
DIV/OFF
PRODUCT NEEDED BY
8.5x11" 11x17"
_OTHER (explain):.
DEMOGRAPHIC INFORMATION NEEDED (1990 Census): % MINORITY.
TOTAL POPULATION ^CHILDREN %NATTVE AMERICAN
% LOW-INCOME
_DATAONLY (NO
.OTHER (hst):_
GEOGRAPHIC AREA DESCRIPTION: Please provide: LATITUDE/LONGITUDE:.
FACILITY
ADDRESS:
_and/or
BLOCK GROUP WITHIN:
ONE MILE
DISPLAY BOUNDARIES AND TEXT FOR:
PLOT OTHER FACILITIES: TRI
RCRA
THREEMILES FIVE MILES TEN MILES
.CITY COUNTY ZIPCODE
SUPERFUND PCS OTHER
MAP TITLE:
(PART THREE)
PRODUCT DESCRIPTION:
(PARTFOUR)
AUDIENCE:
TEAM
REGIONAL COUNSEL
.PROGRAM OFFICE
PUBLIC
.REGIONAL TEAM
STATES
OTHER:
NAME OF DIVISION GIS PERSON WORKING ON REQUEST,
EJ Tracking #_
n-so
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ATTACHMENTB
GIS Protocol
First, check to see if your Division/Office has a GIS contact person. If so, consult with them to see if they have
the capabilities to complete your request. Submit original EJ-GIS request form to division/office GIS person
and send a copy of the form to Deborah Chapman at MG-9J for tracking purposes only. If your Division does
not have a GIS person or the capabilities please contact or send your EJ - GIS request form to:
Office of Information Services (OIS)
Deborah Chapman or Larry Lehrman (MG-9J)
Steps for filling out the request form:
(Part One): Provide information about the requestor. This should be the person to contact for questions
pertaining to the product.
(Part Two): Select map size and demographic data you need. Since EJ is determined by low-income and/or
minority, your mapped product will automatically combine the two (low-income & minority) demographics
together. Low-income and minority population percentages can be mapped separately at your request. Per the
Region 5 Interim EJ Guidelines, all population percentages will be provided at the block group level using 1990
.Census Bureau Data.
You must provide some type of geographical information such as, latitude/longitude or facility address. We
also have the capabilities to overlay data which will allow us to map EJ demographics and plot other facilities
(e.g. TRI, RCRA, Superfund etc.)- Please identify type of facility(ies) you wish to overlay.
(Part Three): Provide a brief description of desired product. Also, use this space if there is a special request
not already covered in the form.
(Part Four): Select the targeted audience for this EJ-GIS product and the name of Division GIS person
working on request.
***
These Interim Guidelines are for the use of U.S. EPA Region 5 personnel. Region 5 reserves the right to change
these guidelines at any time, without prior notice, or to act at variance from these guidelines. These guidelines
do not create any rights, duties or obligations with respect to any third parties.
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ATTACHMENT C
ENVIRONMENTAL JUSTICE AND ENFORCEMENT PROTOCOL
The purpose of this protocol is to provide enforcement staff with practical information on
taking Environmental Justice into account in the handling of enforcement matters. This
guideline addresses what steps can be taken in the context of particular administrative or judicial
matters. Separate guidelines will address how Environmental Justice should be taken into
account in targeting of enforcement matters.
1. Identifying Potential Environmental Justice Cases:
The litigation team should determine whether a particular matter presents potential
Environmental Justice concerns. This should be done by using the criteria set forth in the Interim
Guidelines accompanying this protocol. Ordinarily, it should be the responsibility of the program
assignee to obtain the demographic information necessary to determine whether the case in
question should be considered an Environmental Justice matter.4
The results of this analysis of demographic material and any other information available to
the enforcement team concerning community interest in the enforcement action should be
summarized in the referral package (in the case of judicial matters) or in a separate memorandum
accompanying the sign-off of administrative cases.
Specifically, the referral or sign-off memorandum should include the following:
What are the demographic characteristics of the surrounding community?
Are there any other factors known to the enforcement team which suggest that the
surrounding community may be exposed to disproportionate risk, such as the number of
other sources in the area or information about health concerns within the community?
Should the case or matter be considered an Environmental Justice matter based upon the
definitions and criteria in this memorandum?
Are there local citizens or community groups who have expressed interest in the facility
or area hi question and what is the nature of that interest?
What steps are contemplated at the present time for responding to
community/Environmental Justice concerns?
1 The demographic data may be obtained using the procedures set forth in these
Interim Guidelines.
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ATTACHMENT C
Whether the facility is on or near an Indian reservation? Is the facility owned or operated
by an Indian Tribe? Is the facility located in Tribal ceded territory? (Ceded territory is
any area where a Tribe retains a treaty right to hunt, fish or gather resources, and includes
portions of northern Michigan, Wisconsin and Minnesota. Maps of ceded territory can be
obtained from the ORC Tribal Coordinator.)
2. Implementing Environmental Justice in the Enforcement Process
Once a case has been determined to be a potential Environmental Justice matter, the
enforcement team should recognize the need to give priority attention to the prosecution and
resolution of the case. Since Environmental Justice matters often involve communities which
suffer from disproportionate impacts of pollution, EPA should act promptly to return violating
faculties to compliance as quickly as possible in order to minimize the continuing impacts of
pollution or risk of pollution to such communities.
In addition to giving priority to Environmental Justice matters, the enforcement team should
consider enhanced public outreach at the three stages in the enforcement process discussed
below. It is recognized that not all cases will be the same: minor administrative matters may not
call for the same degree of activity as larger cases involving considerable community interest.
However, the enforcement team should exercise its judgement about the kinds of activities which
are appropriate to the case, recognizing its responsibility under the Executive Order and Agency
policy to promote Environmental Justice in all aspects of the performance of our duties.
A. Initiation of Enforcement Actions. Ordinarily EPA issues a press release announcing the
commencement of an enforcement action. The litigation team should consider going beyond this
when there is actual or potential interest in the matter. This could include:
Making specific contact with the assignee from the Office of Public Affairs who will
assist in public outreach during the course of the litigation.5
Ensuring that persons or groups who have contacted the Agency are informed of the
commencement of the action.
Preparing in advance of commencement of the action notice to individuals and groups
which are expected to have an interest in the action. This should be done in consultation
with the Office of Public Affairs which will assist in customizing notice to particular
groups and individuals who may be interested in the action.
2 Assistance from the Office of Public Affairs may be obtained in accordance with
the procedures set forth in these Interim Guidelines.
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ATTACHMENT C
B. Prosecution of Enforcement Actions. During the course of litigation, every effort should
be made to keep concerned citizens informed of significant milestones in the litigation. At a
minimum, since EPA has a responsibility to respond to inquiries from the public, the litigation
team should provide public information about the litigation to members of the community,
including the date and nature of court hearings and the like. For matters with known community
interest, the litigation team should consider working with the Office of Public Affairs to provide
regular updates on the litigation to interested persons and groups:
Settlement discussions are a particularly sensitive aspect of litigation with respect to
community outreach. It is always appropriate to reveal that settlement discussions are occurring.
However, the specific terms of settlement discussions are generally confidential and ordinarily
should not be discussed with the general public. However, as discussed below, there are
techniques for obtaining public input into settlement terms when appropriate.
C. Resolution of Enforcement Actions
Environmental Justice should be considered in each aspect of the resolution of an
enforcement action: penalties; injunctive relief; and Supplemental Environmental Projects
(SEPs).
Penalties. As far as penalties are concerned, it should be recalled that the Agency has been
criticized for collecting lower penalties in Environmental Justice communities. In calculating a
penalty, the litigation should employ Agency penalty policies. These policies allow for enhanced
penalties for factors such as "sensitivity of surrounding area" or other discretionary factors. In
addition, the enforcement team should consider, using relevant statutory and penalty policy
criteria, whether penalty amounts should be increased due to the seriousness of the violation
given existing burdens in the community. Where appropriate, the litigation team should
consider these factors in calculating the original penalty amount.
Injunctive Relief. Where a facility cannot immediately come into compliance, the schedule
for compliance may be a matter of intense public concern. Similarly, depending on the nature of
the case, other aspects of injunctive relief may have an impact upon the community. In these
cases, it is appropriate (without revealing the nature of settlement discussions) to solicit
community input from key, interested individuals on positions which EPA may take in the course
of the litigation (such as compliance schedule etc.).
The litigation team should also consider creative provisions which can involve the
community in injunctive relief at the facility. It is recognized that the degree to which EPA can
obtain agreement on these points is subject to negotiation. Some examples could include:
Requirements that the company provide information or other outreach to the community.
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ATTACHMENT C
Requirements which provide a role of the community in monitoring compliance at the
facility.
Provisions for technical assistance to the community.
Provisions to facilitate citizen information committees for ongoing community
involvement in longer-term remedies.
SEPs. The litigation team should endeavor to involve the community in SEP discussions
with the defendant or involvement. The degree of involvement will depend on the range of
potential SEPs feasible for the enforcement action. Some methods for obtaining community
input include:
Consult with the Enforcement and Compliance Assistance Team which is developing a
"SEP Bank" which will include ideas for possible SEPs that have been generated in the
course of other activities. Contact Tinka Hyde or Francine Harris.
If the enforcement matter is within a geographic initiative, consult with the Team Manger
to obtain other ideas for community projects which have been developed through Team
efforts.
Consult directly with community groups and leaders who are a resource for understanding
the interests of a particular community. It's important to involve interested members of
the community in the process of developing SEPs because members of the community
may recognize pollution sources and points of concern that will have a real impact on the
future well being of the community, which EPA could not otherwise assess. Educational
outreach concerning SEPs may be appropriate in some communities.
The Agency will soon be revising its May 3,1995 "Interim Revised Supplemental
Environmental Projects Policy". This should be consulted both for the types of projects
appropriate for SEPs and suggestions for community involvement.
Consider SEPs which have been used in other cases.
The EJ policy actively encourages the use of creative settlement approaches in enforcement
actions, particularly where violations have been identified in communities disproportionately
impacted by environmental problems. There is no set formula as to how an EJ case is to be
settled, but the President's Order and EPA's EJ policy give EPA wide discretion in crafting
settlements that will address community concerns. EJ policy encourages the Regions to obtain
SEPs which promote pollution prevention and remedy environmental damage to reduce long-
term exposures within affected communities.
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ATTACHMENT C
D. Actions Involving Indian Tribes
Whenever a potential enforcement action involves an Indian tribe in any way, special
procedures must be followed to ensure that EPA fulfills its trust responsibility and "government-
to-government" relationship with Tribes. This policy applies when: 1) a facility is located within
or near an Indian reservation (even if owned and operated by non-Indians); 2) a facility is owned
or operated by an Indian Tribe; 3) a facility is located within Indian ceded territory. Situations
involving any of these factors should be brought to the immediate attention of the ORC Tribal
Coordinator and the program division's Tribal Coordinator.
***
These Interim Guidelines are for the use of U.S. EPA Region 5 personnel. Region 5 reserves the
right to change these guidelines at any time, without prior notice, or to act at variance from
these guidelines. These guidelines do not create any rights, duties or obligations with respect to
any third parties.
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ATTACHMENT D
ENVIRONMENTAL JUSTICE AND PERMITTING PROTOCOL
The purpose of this protocol is to provide permitting staff with practical information on
taking Environmental Justice into account in the handling permitting matters. This guideline
addresses what steps can be taken in the context of EPA-lead permitting matters. For State-lead
permitting matters, it is recommended that you encourage the State to consider environmental
justice in their permitting activities.
I. EPA Identification of Potential Environmental Justice Permitting Cases.
A. Screening and analysis: Use the Interim guidelines to determine if the permitting decision
presents potential EJ concerns. For some cases (e.g. cases involving air facilities) the
impacted community may be different from or extend beyond the community where the
facility is located. In these cases it may be necessary to consider demographic information
for all communities potentially impacted.
1. The results of this demographic analysis should be included in the Administrative Record
and made publicly available during the public comment period.
2. If the facility/source is on or near a Tribe or Reservation, notify your Division Tribal
Coordinator and the ORC Tribal Coordinator.
B. Public Involvement: If you determine that the permit decision is in a potential EJ area, you
should refer to the EJ and Community Involvement Protocol (Attachment E).
II. Consideration of Surrounding Facilities With Respect To Permit Decision-Making
A. Evaluate if there are any other similar media-specific permits in this area (e.g. if your
decision is a RCRA permit issuance, are there any other RCRA permits in the area). This
may involve the following tasks:
1. List name, ID number of any other permits.
2. Determine who is the permit writer/staff assigned to these additional facilities/sources.
3. Determine if a permit decision is pending or upcoming.
4. Determine when these permits will be up for renewal.
5. Provide this information (#1-4 above) to your management, all other affected permit staff,
and coordinate your efforts with your Division/Office EJ Team Window. Meet as a team
and jointly determine if there is an adverse or disproportionate impact on the community.
B. Evaluate if there are any other multi-media permits hi this area (e.g. if you have a RCRA
permit issuance, are there any air or water permitted sources).
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ATTACHMENT D
1. Complete #1-4 above.
2. Ask your EJ Coordinator to help you facilitate a joint inter-Division decision determining
if there is an adverse or disproportionate impact on the community and if so, determine if
there is a need for a multi-media strategy to address EJ in the affected community.
C. Evaluate, using your best professional judgement, whether the issuance of the permit will
present additional risks to a community already impacted by other pollution sources. If so,
consider whether additional permit conditions should be imposed to mitigate or eliminate
such risks. If there is legal authority, consider the use of "omnibus" provisions to accomplish
this.
m. Community Self-Identification Of Permitting Case As EJ.
A. If a citizen or community group identifies the area in which you have a permit decision as EJ,
either during the public hearing and/or comment period, you should consider I.B. above and
complete the following:
1. Document all public concerns related to EJ from public hearings, comments and/or
meetings, and phone calls from the public.
2. Identify affected EJ stakeholders, with the assistance of OPA.
3. Consider expanded stakeholder input and additional public meetings, where appropriate
(see EJ and Community Involvement Protocol).
4. Call individual citizens to clarify concerns and research and investigate, to the extent
possible, these concerns. Identify and seek all potential alternate solutions to respond to
citizen concerns.
***
These Interim Guidelines are for the use of U.S. EPA Region 5 personnel. Region 5 reserves the
right to change these guidelines at any time, without prior notice, or to act at variance from
these guidelines. These guidelines do not create any rights, duties or obligations with respect to
any third parties.
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ENVIRONMENTAL JUSTICE AND COMMUNITY INVOLVEMENT
PURPOSE
The purpose of this protocol is to provide Regional guidance when assisting communities affected by
environmental injustice. Before implementing the protocol in an EJ area, please be sure to contact the
appropriate Office of Public Affairs representative (below). This check list serves to ensure residents are
involved in the public participation process and equitably informed on issues affecting their communities.
This protocol will assist the "case team" in deterrnining the appropriate level of community involvement
and outreach needed for the EJ area. Becoming familiar with the outlined checklist should be the first
endeavor in this process.
WHO DO I CONTACT ?
To obtain OP A assistance the Programs should contact the appropriate state Team Leader.
OHIO/WISCONSIN - SUEPASTOR-353-1325
MICHIGAN/MINNESOTA - CHERYL ALLEN-353-6196
ILLINOIS/INDIANA - DERRICK K1MBROUGH-886-9741
COMMUNITY INVOLVEMENT PLAN or COMMUNICATIONS STRATEGY-Community
interviews will be conducted to identify key members of the affected public, their concerns, and the best
means to involve and communicate with the public. A Community Involvement Plan (CIP) or
Communications Strategy will be developed from the interviews which will identify the community's
concerns and outline the community involvement activities to be conducted.
__IDENTIFYSTAKEHOLDERS-Tbrougfr community interviews identification of Environmental
Justice stakeholders will become apparent. The interviews will provide the EJ stakeholders and
community leaders an opportunity to offer input into decisions that may affect their health, property values
and lifestyles. The stakeholders include:
Grassroots/community-based organizations
Homeowner and resident organizations
Civic/public interest groups
Environmental organizations
~ Indigenous people
Religious groups
Business and trade organizations
Industry
-- Local and State governments
Tribal governments
Universities and schools
Media/Press
-Others
L-eam as much as possible about these stakeholders and their concerns through personal consultation (i.e.
one-on-one or small group meetings), phone and/or written contacts. Identify ways to communicate
pertinent information to the community. Ensure language and cultural barriers are overcome by translating
documents into various languages to best meet the community's needs; provide technical assistance as
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necessary; surmount literacy, access to information and privacy issues; and confirm the community's
preferred types of communications.
JPUBLIC MEETINGS/AVAILABILITY SESSIONS-Public participation will be encouraged
through public meetings and availability sessions. Public meetings will be advertised in the local paper of
the affected community. A mailing list will be created within a one to two mile radius of the EJ area.
Advertisement notifications (Le. flyers) announcing public meetings and availability sessions will be
distributed to the mailing list to encourage active public participation. Every advertisement will have a
phone number and address for communities to contact regarding pending meetings, issues, enter concerns,
seek participation and/or add items to the meeting agenda. A press release will also be issued to the local
media.
OPA's Press Team and Community Involvement Coordinators will be accessible to the media to answer
questions about specific EJ issues. The Press Team will also assist with writing/editing press releases, and
supporting press conferences and media events. Contact will be made with the local television and radio
stations when meetings are scheduled. Public service announcements will be developed to announce
activities occurring in the community.
When scheduling public meetings ensure time frames do not conflict with work schedules, rush hours and
other community commitments that may decrease attendance. Where appropriate translators will be
provided for limited-English speaking communities. Where majority of potentially affected audiences
speak a language other than English, EPA will find a translator. However, in fragmented communities
with multiple ethnic backgrounds, English will be the language of choice.
PUBLIC MEETING F0LL0W-17PS-After holding a public meeting/availability session, establish
and maintain a procedure to follow up with concrete action to address the communities' concerns. For
example letters, fact sheets, phone calls and site visits.
WORKSHOPS/SEMINARSHold workshops, seminars and other meetings to develop partnerships
between agencies, workers and community groups. Formation of cooperative agreements would be
beneficial to all parties involved (as needed).
__GRAPHICS/POSTERS /EXHIBITS/SOFTWARE MATERIALS-OPA will assist in exploring
other methods to increase participation of Environmental Justice stakeholders including:
Posters and Exhibits
Participation in Civic and Community Activities
Public Database and Bulletin Boards
Surveys/Internet Feedback
-Telephone Hotline
Training and Education Programs, Workshops and Materials
_ENVIRONMENTAL EDUCATION-GrsaA Writing Support-A Grant Writing workshop can be
provided. (As needed) This workshop will be co-presented by the Environmental Education Program and
the Environmental Justice Program. The purpose of the workshop would be to present tips for developing
competitive grant applications and to provide an overview of the environmental justice and environmental
education small grant program.
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__COMMUNITY ADVISORY GROUPS (CAG)- Establish site-specific Community Advisory Groups
where there is sufficient and sustained interest. The CAG will provide a setting in which representatives of
the local community can receive up-to-date information about the status of cleanup activities, as well as
discuss community views and concerns about the cleanup process from state and federal agencies. The
CAG should utilize local expertise for technical and science reviews. The CAG will be a public forum in
which all affected and interested parties can have a voice and actively participate in the clean-up process.
(As needed)
LOCAL INSTITUTIONS AND FOUNDATIONS-Contact, as appropriate, Historically Black
Colleges and Universities (HBCU) and Minority Institutes (MI), Hispanic Serving Colleges and
Universities ( HSCU), Indian Centers and other groups to network and form community links that they
can provide.
***
These Interim Guidelines are for the use of U.S. EPA Region 5 personnel. Region 5 reserves the
right to change these guidelines at any time, without prior notice, or to act at variance from
these guidelines. These guidelines do not create any rights, duties or obligations with respect to
any third parties,
Comments by Norm Niedergang in Addition to Handouts:
Norm Niedergang said that his region had reorganized in 1995. They realized that there were
numerous problems to be solved. EJ was one of those problems that deserved attention. They set
up a series of regional teams made up of individuals from each of the offices, with a full-time
team leader. The team established a series of goals: institutionalize EJ with regional programs,
particularly enforcement. The team recognized early the issue: What is EJ? They are trying to
develop a working definition, he said. His team put together a proposal on a working protocol on
how to view EJ. The protocol is in draft form (please see handout). It looks at two basic criteria:
minority and income. They first looked at the state average as a first criteria. (Referring to maps
on wall), the lighter colored areas are those that are above the state average: percentage of low
income or percentage of minority. The darker shaded areas are those that are twice the state
average, in both those criteria. He said if one looks at minority populations, you will not see a big
difference between the two shaded areas, but looking at low income, 50 percent of the region is
low income it exceeds the state average, i.e.: 26 percent of Illinois residents are in the low-
income bracket. His team decided to proactively tell staff to follow these protocols for those
areas that are twice the state average. They looked for guidance in: enforcement cases, permitting
action, and community involvement. They looked at counties, zip codes. They also established
geographic places upon which they could focus, hi Region V, they selected the following areas:
Greater Chicago, E. St. Louis gateway, Western Indiana, Detroit, and Cleveland.
Questions, Answers. Comments:
Marv Rosenstein asked Mr. Niedergang to give the group an idea of the kinds of things are in the
guidance for permitters or enforcers. Mr. Niedergang replied that there's no regulatory or
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statutory basis to deny the permit just because of socio-economic reasons, but there is a basis to
look at relative risks, to impose additional permit requirements to try to address those risks. He
added that RCRA is a possible vehicle by which to deny the permit. He added that they have
gone forward with at least three public meetings: local citizen input beforehand, socio-economic
analysis, and they have done a quasi-risk analysis and did issue a permit that was appealed by
local citizens.
Comments by Phyllis Reed in Addition to Handouts:
Referring to the Genessee decision of Flint, Michigan, Ms. Reed said they did not find on the
basis of EJ but on the basis of the state constitution that provides for everyone to have equal
protection. Referring to the work plan, "Support to Teams for Lead Activities," she noted that all
of the urban teams (starting with Gateway) had an interest in having resources invested in lead
programs in cities, i.e. outreach and education. She said they had the idea of talking to one team
manager who asked that they hire a C employee to do this. She said they didn't think they'd need
a full-time C employee just for that team but it would be a good idea to make that person's job
lead outreach and education for all the teams. That person's been on board a few months. He's
beginning the process of identifying community groups that have an interest in developing lead
programs in Detroit, Chicago, E. St. Louis, and NW Indiana. They are trying to develop a lead
education and outreach program that they can provide to these communities that they can turn
around and help us disseminate in the communities. It is a way to begin developing networks of
community groups that have a common interest in a lead-based paint program, she added. The
new coordinator just finished his work plan four weeks ago. Ms. Reed added that one state has
been slow to react to have its own lead program because of the governor, but they remain
optimistic. Before two weeks ago, Indiana was in that category but they now have legislation
pending. There are several lead grants to community groups, particularly in the Chicago area and
Northwest Indiana. A lot of times those grants have come through the EJ grant program when
there were a lot of lead programs that didn't get funded (refers to handouts).
Questions. Answers. Comments:
Marv Rosenstein noted that a couple of years ago they had a MOU signed by the Massachusetts
governor to train unemployed minorities. The initial results were so bad that they lost the MOU -
- he was glad that Region 5 was able to persist. They learned a lesson about realistic
expectations. They have found that there are multiple stakeholders they've got to make a better
effort cataloging what they've done on lead outreach. EPA's got to stop recreating the wheel. His
region has curriculum for English as a Second Language kids in all grade levels, similar to
what Ms. Reed was talking about.
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Region 6, Compliance Assurance & Enforcement Division
Gerald Fontenot and A.M. Davis
Environmental Justice Index Methodology
A. Introduction
Environmental Justice (EJ) refers to the pledge or assurance that no population will endure a
disproportionate share of the country's pollution. Evidence has been presented that minority and
low income communities are exposed to more environmental pollutants than the general
population.1 The Region 6 EPA Environmental Justice Index Methodology is a modification of
the Region's Human Health Risk Index (HRI)2 formula. The environmental justice methodology
defines demographic criteria, applies basic principles of science, and requires environmental
managers to use program specific data to identify communities of most concern.
The methodology uses Geographic Information System (GIS) maps, census demographic data
and the HRI method to mathematically rank individual sites. The method is automated in GIS
and currently analyzes 50 square mile and one square mile geographic areas (communities). The
method has an automated mapping facility.
The Environmental Justice Formula is derived from the Human Health Risk Index (HRI)2 and
is consistent with the approach used in all Region 6 risk based algorithms: Exposure
multiplied by Hazard equals Risk.
Human Health Risk Index (HRI) = Exposure X Hazard
The Potential Environmental Justice Index (EJ) defines "exposure" as the population exposed
and assumes the total population of a study area is impacted by environmental justice factors. In
the HRI, hazards has two components: Degrees of Impact (DI) and Degree of Vulnerability (DV).
DI is a chemical specific parameter. Inclusion of this factor requires chemical exposure and
toxicity information. For the justice formula, Degree of Impact (DI) is not calculated. Potential
risk from chemical exposure can be calculated separately (Enforcement Targeting methodology)3.
Degree of Vulnerability is calculated for EJ and includes two criteria: a community's percent
minority representation and percent economically stressed households. These EJ methodology
criteria (population, percent minority, and percent economically stressed households in the study
area) become the "analytical definition" for environmental justice. Each of these parameters are
ranked to facilitate the mathematical prioritization process.
Sites are evaluated using an environmental justice formula and ranked on a scale of 0 to 100.
Although higher scores can indicate greater potential justice concern, the population density,
percent minority population, and percent of economically depressed household data are the more
important analytical factors. When evaluated independently, they often provide greater insight to
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the potential environmental justice concerns and can be used alone to rank sites (i.e., sites ranked
on percent minority or economic status, or the combination of these two factors). The
methodology user should realize that even an index ranking of zero can have significant EJ
concerns. For example, an unpopulated area will rank a zero, but if owned by minority and/or
low income groups, the site may have significant EJ importance. Environmental Justice
Formula:
Environmental Justice Index (EJ) = Exposure X Hazard
(PE/PC X POP) X (DIX DV)
where:
PE = Population Exposed
PC = Population in Community
PE/PC = 1 (assumes total population is effected)
POP = Population Density Ranking (0-4)
DI = Degree of Impact (=1)
DV = Degree of Vulnerability (Minority Ranking X Economic Ranking)
Minority Representation Ranking (1-5)
Economic Status Ranking (1-5)
therefore:
EJ index = [Population Ranking] X [Minority Ranking X Economic Ranking]
[POP (0-4)] X [(1-5 X (1-5)]
Because all HRI subfactors are mathematically related, data from different analysis (i.e.,
environmental justice, enforcement targeting) are directly applicable to formal HRI risk
evaluations. Therefore, all special application studies contribute to an ever larger risk analysis.
Use of the HRI formula assures the investigator that risk data is evaluated by documented,
consistent, peer reviewed ranking criteria.
B. Methodology and Computer System Overview
The Environmental Justice Analysis System (EJ) is resident on the Region 6 EPA Geographic
Information System (GIS) and uses other systems (i.e., RCRIS, CERCLJS, TRI, PCS) supported
by the Region's Novel LAN to provide locational information to GIS4. All Region 6 Programs
can perform site specific environmental justice demographic analyses. The Programs are
responsible for the locational accuracy of the data submitted to the computer system and accurate
community or environmental justice findings.
A one and fifty square mile study area is analyzed around each EJ point location. The computer
system clips a circular coverage with a 4 mile radius (50 square miles) from the Census TIGER
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coverages5. Data is extracted from various Census files to address methodology criteria. The EJ
index is calculated by finding the percentages for each subfactor for the 50 square mile area,
ranking the percentages based on scaling criteria, and multiplying the rankings. The same
process is performed for the one square mile analysis (approximate 0.56 mile radius).
The Environmental Justice Index calculated from these subfactors, or the independent subfactors
comprising the Environmental Justice Index, should be used as a Demographic Correlation
Variable for studies conducted by Programs. These studies serve to evaluate Agency policies or
procedures regarding sociological equity. EPA activities for evaluation can include enforcement
targets, permit decisions, grant awards, or risk calculations.
1. Calculation of the Degree of Vulnerability
Degree of Vulnerability (DV) for the HRI2 is the mean of ranking values of demographic data
for the minority, economic status, age, pregnancy, life-style factors, and pre-existing disease
subfactors.
Of the subfactors above, minority representation and economic status (household income) are
used in the EJ formula. Each DV-EJ subfactor has a scaling range from 1 to 5. The HRI-
Justice vulnerability scaling scores are multiplied. The maximum value for Degree of
Vulnerability in the EJ formula is 25 (5X5).
,
The scaling criteria for the Degree of Vulnerability subfactors (percent minority and percent
economically stressed) are derived from the HRI Degree of Vulnerability Ranking
Methodology. Like the HRI, demographic subfactor data for the fifty and one square mile
study areas (EJ communities) are State specific. Region 6 state EJ criteria (1990 Census)5
are:
State
Texas
Louisiana
Arkansas
Oklahoma
New Mexico
% Minority
39.4%
34.2%
17.7%
19.0%
49.0%
% Economically Stressed
27.6%
36.3%
36.0%
32.0%
31.0%
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The evaluation criteria for the Degree of Vulnerability subfactors are:
HRI Degree of Vulnerability Ranking Methodology
Criteria
Percentage of residents in the risk group is less than or equal to the
state %.
Percentage of residents in the risk group greater than the state
percentage but less than or equal to 1.33 times the state
percentage.
Percentage of residents hi the risk group greater than 1 .33 times
the state percentage but less than or equal to 1.66 times the state
percentage.
Percentage of residents in the risk group greater than 1.66 times
the state percentage but less than or equal to 1.99 times the state
percentage.
Percentage of residents in the risk group greater than or equal to 2
times the state percentage.
Score
1
2
3
4
5
a. Minority Status Variable - DVMAV (DV-Minority Average)
The Ethnicity (DVMAV) subfactor is derived from a comparison of the area's percent of
minority population to the calculated state percent minority population. For example, the
average minority percentage hi Texas is 39.4%. The EJ methodology scaling criteria for
Texas is:
MINORITY STATUS VARIABLE
Percent (%) Minority Representation
<39.4% (< Texas state average)
>39.4% and < 52.4%
>52.4% and < 65.4%
>65.4% and < 78.8%
>78.8%
Score
1
2
3
4
5
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Region 6 chose to include the Hispanic population in the definition of minority, even
though this subpopulation group may-have reported themselves as white in the 1990
Census. The minority population of a Region 6 community is defined as the Census 1990
total of the non-white population plus the white Hispanic-Origin population.
The data used to calculate the minority percentage is found in the block level file called
P.L.94-171 of the 1990 Census5. The field used is P004_0002 which is defined as White
with no Hispanic-Origin. This value is subtracted from the total population, given the
number of people who are Non-White or White with Hispanic-Origin. The percentage of
people in the study area that are Non-White or White with Hispanic-Origin is compared
to the State percentage of people in this same census category. Detailed documentation
of the state census numbers used and methodology calculations is found in the EJ
Computer System User's Guide (Degree of Vulnerability and Potential Environmental
Justice Index Demographic Analysis System. Version 4.2.1)6.
B. Economic Status Variable - DVECO (DV-Economic Status)
The Economic Status (DVECO) subfactor is derived from a comparison of the area's
percent economically stressed to the calculated state percent economically stressed
population. Census household income data is block group level data. The block group
scaling score is used for each census block in the HRI-Justice calculation when finding
the EJ index for a block. For the Economic Status subfactor, the risk group is defined as
households that make less than $15,000 a year. This income number was derived through
examination of 1990 Census data and professional judgement. The Texas percentage of
such households is 27.6%. The economic status scaling criteria for Texas is:
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ECONOMIC STATUS VARIABLE
Percent (%) Households below $15K
<27.6% (< Texas state average)
>27.6% and <36.7%
>36.7% and <45.8%
>45.8%and<55.2%
>55.2%
Score
1
2
3
4
5
The data used to calculate the economically stressed percentage is found in STF3A of the
1990 Census5, specifically the files STF301 and STF314. The economic data found in the
P80 category of STF314 is reported by household, therefore, to find the percentage of
economically stressed it is necessary to use the number of households from P5 field
(P0050001) of STF301 as a denominator. The fields used to total the low income group
are the sum of P0800001, P0800002, P0800003, and P0800004 of STF314.
Detailed documentation of the state census numbers used and methodology calculations is
found in the EJ Computer System User's Guide6.
2. Calculation of Population Factor
The Population Factor (POP) used in the justice formula is the population density score for
the study area. The population density ranking (POP) is determined by evaluating die total
population from POP100 of PL94171, and evaluating the average one square mile population
for the area. The density is ranked by the scaling criteria following. The criteria scores range
from 0 to 4.
POPULATION FACTOR Density Ranking
Population per Square Mile
0
>0and<200
>200andl,000and<5,000
>5,000
Scaling Score
0
1
2
3
4
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3. Calculation of the Potential Environmental Justice Index
The product of the subfactors, Minority Status (DVMAV), Economic Status (DVECO), and
Population Factor (POP) is the Potential Environmental Justice Index (EJ). The maximum
possible value of the EJ index is 100.
4. Risk Characterization
The Region 6 Environmental Justice (EJ) Index Methodology is a screening risk activity.
The intent of the EJ Index is to identify possible EJ communities, not to determine the
possible effects of chemical releases or other stressors. The Region 6 Risk Characterization
Implementation Plan7 designates the EJ methodology a Category I procedure. This risk
activity defines preliminary or screening evaluations. The EJ analysis uses 1990 Census data,
identifies potential socio-economic risk, assumes low income, high population, and/or high
minority communities close to pollution sources are high potential environmental justice
areas. Further criteria include cost for the analysis (less than $50,000), level requirements of
1-3 EPA staff for 1 - 6 months. The EJ analysis is automated requiring less than an hour to
perform (computer time) at a cost of approximately $2 per analysis.
a. Hazard Identification
The Region 6 EJ methodology does not directly identify quantifiable hazards. Classic
chemical "hazards" or stressors are not identified in the analysis. The evaluation assumes
proximity to a site interest can exhibit either human health, environmental, economic,
social or aesthetic concerns. The Region has a second automated analysis which screens
for health risk using Toxic Release Inventory (TRI)8 data and chemical specific
toxicity/chemistry data from EPA's TRI Indicators Model9. The two analyses are often
used together to characterize a community.
The methodology recognizes that communities or areas can have environmental justice
concerns with few or no residents (i.e., open lands owned by low income or minority
individuals). Environmental impacts on such lands can have direct economic effects.
The key studies which present evidence that minority and low income communities may
be exposed to more environmental pollutants than the general population are summarized
in Environmental Equity: Reducing Risk for All Communities1. The following quote is
from the 1992 EPA document.
"..., the United Church of Christ Commission for Racial Justice examined the
statistical relationship between hazardous waste site location and the
racial/socioeconomic composition of host communities nationwide. While several
studies were done in the 1970's, Toxic Waste and Race in the United States was the
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first study to address issues of race, class and the environment at a national level
(UCC, 1987)."
To date several EJ studies have been performed asserting varying degrees of
disproportionality among minority and low income communities and the siting, regulation
or enforcement for environmentally significant facilities. The National Law Journal10
reported that penalties imposed by the EPA and the speed with which the problems of
hazardous waste sites were addressed varied widely, depending on whether the
communities involved were white or minority.
An EPA analysis of the Louisiana Corridor11 (between Baton Rouge and New Orleans)
found: 1) many facilities emitting large amounts of TRI chemicals are located in areas
with predominately minority populations, and 2) populations within 2 miles of facilities
releasing 90% of total industrial corridor ah" releases feature a higher proportion of
minorities than the state average. The EPA Reducing Risk for All Communities1
document accessed Agency for Toxic Substances and Disease Registry (ASTDR) 1988
data, Department of Commerce Census data, and General Accounting Office (GAO) 1983
data. The report stated, "There are clear differences between racial groups in terms of
disease and death rates. There are also limited data to explain the environmental
contribution to these differences. In fact, there is a general lack of data on environmental
health effects by race and income,.... The notable exception is lead poisoning: A
significant higher percentage of black children compared to white children have
unacceptably high blood levels."
i
With these studies are background, Region 6 developed the Computer Assisted
Environmental Justice Index Methodology to derive base demographic information. The
methodology is designed to access community specific data, not to make definitive
environmental justice decisions. Previous methodologies accessed data at the county or
zip code level adding to the uncertainty within the study. The present method accesses
data at the census block and block group level. The development of this model was an
attempt to secure base demographic data for EJ screening. Another example of an
automated EJ model is that used in Region 3 developed by Dr. Deb Foreman12. Several
site specific models are available.
Significant data gaps exist in the Region 6 EJ Methodology. The key assumptions,
limitations, and data gaps are discussed in the Discussion section on pages 11 and 12 of
this report. The methodology does not identify hazards, it only identifies potentially
vulnerable communities. Additional analyses can be performed to address adverse health
effects and/or environmental impacts. These analyses are performed outside the EJ
methodology and are independent variables. For example, no epidemiology, clinical,
laboratory, or ambient monitoring data is accessed.
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b. Dose Response
Chemical hazard analysis is not performed in this methodology. Therefore Reference
Dose and Reference Concentration (RfD/RfC) and cancer Potency Factors (Pf) are not
utilized. The Region maintains that risk from chemical stressors is not a requirement for
environmental justice concerns (pages 1, 2, and 11). The Region 6 Enforcement
Targeting Methodology3 addresses chemical specific risks using EPA toxicity
assessments, census data and Toxic Release Inventory information. The EJ and
Enforcement Targeting methodologies are used together to relate risks to socio-economic
issues.
c. Exposure
The EJ methodology analyzes a 0.56 and 4 mile radius around a point. The point
represents a community or pollution source. This approach assumes equal distribution of
source impacts and that all residents are potentially effected. It should be noted that
effects are not limited to chemical pollutants. Effects can also include commercial
trucking routes passing through or near communities, noise from a metal fabricating
plant, or odors from a municipal water treatment plant. Another assumption is that
impacts increase the closer an individual is to the center point of the analysis area. The
only statistical analyses performed have been Pearson Product Moment Correlations for
minority, population, and economic status percentages. Geographic distributions for
these variables are also determined graphically. Again, the assumption being the closer
the proximity of the variable, the greater the potential EJ concern.
For EJ issues there is a concern for multiple or cumulative exposures. The methodology
will not allow plotting or calculating demographics of more than one point. Calculations
are performed to aggregate the risks from multiple EJ analyses. At present EPA staff
associate various stressors (i.e., chemical releases, traffic routes, noise, odors) to block
and block group data. Although, these stressors can be qualitatively related to determine
cumulative risk, this cumulative evaluation is not part of the automated methodology.
No wildlife concerns (data) are directly addressed by the methodology.
d. Risk Conclusions
The overall assessment of ffsk or "environmental justice concern" is expressed in the EJ
Index algorithm:
Environmental Justice Index (EJ) = Exposure X Hazard
(PE/PC X POP) X (DIX DV)
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where:
PE = Population Exposed
PC = Population in Community
PE/PC = 1 (assumes total population is effected)
POP = Population Density (0-4)
DI = Degree of Impact (=1)
D V = Degree of Vulnerability (Minority Ranking X Economic Ranking)
Minority Representation Ranking (1-5)'
Economic Status Ranking (1-5)
therefore:
EJ Index = [Population Ranking] X [Minority Ranking X Economic Ranking]
[POP (0-4)] X [(1-5) X (1-5)]
If a 0.56 or 4 mile radius (1 and 50 square mile areas) have high populations, high
minority representation, and high percentages of low income households, the overall
environmental justice concern will be high numerically.
There are several limitations of the algorithm and three measured criteria. As previously
stated, a zero index value can havevan EJ concern (pages 1, 2, and 11). Depending on a
user's definition of environmental justice, a high scaling factor in any criteria (population,
economic, minority status) can be considered an EJ concern. The Region has made a
conscience decision to allow the data derived through the EJ method to be used as
deemed appropriate for individual Region 6 EPA Programs (i.e., Drinking Water,
Hazardous Waste Sites, Municipal Landfills). This approach recognizes the vastly
different stressors, exposure routes, regulations, and demographics associated with
pollution sources. Conclusions regarding environmental justice can vary because of these
differences.
Assumptions and limitations are address in more detail on pages 11 and 12.
There are many defensible approaches to EJ analysis. Minority residents alone can be
considered regardless of the total population within the 0.56 and 4 mile radii. The use of
a state average base comparison can be replaced by a national or local average, or none at
all. Other factors such as education level, available public transportation, access to
hospitals and recreational facilities, and prevailing wind data can all be EJ
criteria/concerns. Most EPA Regions and Headquarter's Programs conduct some level of
demographic - environmental justice analysis. Two Regions, 2 and 3, have referenced the
Region 6 method and use an Index approach. Contacts for these methodologies are Dr.
Deb Forman in Region 312, Rudy O'Neal in Region 213, and Dr. Wilfredo Polomino
(Region 2, Identification and Ranking of EJ Sites in Puerto Rico14). Dr. Reginia Bridwell
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with the Oregon Department of Environmental Quality also uses an index methodology
(Oregon: Cross Media Comparative Risk Assessment Model15!
The majority of EPA Regions and Programs conduct site specific, as needed, analyses to
address EJ issues. Region 6 has assisted Texas, Louisiana, New York, and Oregon in
developing demographic analysis methodologies.
Region 6 has experienced significant community, industry, state and local government
interest in the EJ methodology. The methodology has proven to be an effective
communication tool. Region 6 managers have taken EJ data and related EJ map products
to public meetings. The data has allowed discussions to begin from a common starting
place. This has become a form of peer review. Often state and local government
representatives, industry officials, and citizen groups compare their demographic and
pollution source information with the Region's EJ data. The data has been
enthusiastically received and withstood numerous comparisons. The locational accuracy
of the communities and regulated sites is often questioned by EPA staff and our external
clients. Location and accuracy of regulatory identifiers (permit numbers) is continuously
validated through this "hands on" process.
C. System Features
1. The User's Guide
A Region 6 EJ Computer System User's Guide6 is available (Potential Environmental Justice
Index). The guide presents the computer screens experienced by users through the menu
activity as well as general GIS lessons on using the Data General interface with UNIX for
support of Environmental Justice data processing.
Quality Assured Locational Data
THE MOST IMPORTANT STEP OF GEOGRAPHIC INFORMATION SYSTEM
APPLICATIONS IS THE PROCESSES THAT ASSURE THE LOCATIONAL DATA
USED IN ACCURATE.
THE ACCURACY OF THE DATA IS THE REQUESTING PROGRAM'S
RESPONSIBILITY.
Before anyone evokes the Environmental Justice System, consideration for Quality Assured
Locational Data must be made. The system tracks the Quality Assurance of the Location, the
Requestor's name and Program-Code.
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2. Input
There are two methods of input currently available for the EJ system, individual site
processing and batch processing. Both use Latitude and Longitude location for conversion to
GIS-albers coordinates (X-axis, Y-axis). Programs and primary data gathering groups use
Latitude and Longitude as the standard method of identifying location, therefore, this system
is designed to address this data format.
The EJ system employs an interactive menu interface to evoke the proper method of input.
The Individual Site Processing Option prompts the user for information that meets the output
criteria where the system cannot answer the query. The Batch Processing Option prompts the
user for a file name where dBase data has been stored.
The user is responsible for entering:
Name of the Requestor
Source of Quality Assured Locational Data
Latitude/Longitude
EPA Identifying Number (i.e., RCRA, NPDES number) and Site Name
Region 6 EPA Employee Mail Code
Users collect data from the EPA Mainframe systems or through program file research and are
responsible for the accuracy of the information. If the need exists to evaluate more than 1
location, a dBase file can be built by the user to transfer the batch of locations to GIS. The EJ
System will automatically convert the dBase file into a format compatible with the Region 6
GIS system. The user is given the steps to complete the task through the User's Guide6 on
How to Transfer dBase Files to GIS.
D. Examples of Region 6 Environmental Justice Analyses
1. Enforcement Targeting
One of the many applications for environmental justice evaluations is enforcement targeting.
This is a procedure which ranks industrial facilities as to the potential impact each site may
pose to human health and the environment. Region 6 typically identifies facilities that have
been non-compliant in more than one media program (Air, NPDES, RCRA). These facilities
are subjected to a computerized risk screening methodology using census information and
Toxic Release Inventory (TRI) data. These facilities are also evaluated by the Environmental
Justice computer methodology. Each site can be ranked by potential risk, environmental
justice ranking, population around each site, economic status of surrounding communities, or
by minority representation for the one and fifty square mile study areas. Facilities which
score high in historical noncompliance, risk, and environmental justice are potential priority
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enforcement targets. A four mile radius was demographically evaluated for each industrial
facility and ranked from 0 to 100.
2. Permitting for Industrial Sites
A major responsibility of EPA and State environmental agencies is the permitting of industry
related activities which impact the environment. The Region's EJ formula is used to
accurately access demographic information for one and fifty square mile areas around sites
being considered for permit privileges. The following examples are for individual sites, but
the EJ system is also used to evaluate permitting practices for whole regulatory programs
(i.e., RCRA, NPDES, MSW, NEPA) involving hundreds of sites. Table IV. 1 shows the EJ
analysis findings for five sites in Region 6.
a. NEPA (National Environmental Policy Act) Environmental Impact Statement -
Wallace, Louisiana
A plastics manufacturing facility asked regulators for a permit to build a plant near
Wallace, Louisiana, on the west bank of the Mississippi River (the lower half of Maps 1-
3). Environmental Impact Statements (NEPA) do not traditionally assess environmental
justice issues. The EJ formula was used to characterize the demographics of the
community around the proposed site. The site of interest is approximately in the center of
each map. Map 1 shows the minority ranking of each block, Map 2 the economic status
for census block group, and Map 3 demonstrates EJ index values for each census block.
The data indicates that one square mile around the site is sparsely populated (133
residents), one-hundred percent minority, and economically stressed. The plastics facility
did not build in this area. The EJ analysis was used as a Regional awareness tool.
b. Underground Injection Well Permit Application - Winona, Texas (Gibraltar Well
#186)
A company in the deep piney woods of East Texas applied for a permit to continue
injecting hazardous waste underground. A segment of the small community town of
Winona, Texas opposed the facility operation and the issuance of a permit. Maps 4-6
sow the demographics surrounding the facility. There are few residents near the injection
well (0.56 mile radius from site). This does not indicate a lack of potential EJ concern.
Program managers are responsible for accessing demographic information and
determining possible EJ concerns.
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c. Wastewater Treatment Plant - Marrero, Louisiana
Conditions of an NPDES permit were evaluated for a wastewater treatment plant in
Southern Louisiana near New Orleans. EJ demographic information was used by EPA
staff for a public meeting. The information is shown in Maps 7-9.
d. Uranium Processing Facility - Gore, Oklahoma
Sequoyah Fuels is a uranium processing facility on the banks of the Arkansas and Dlinois
Rivers in Eastern Oklahoma. The company has several permits from EPA and DOE. A
Native American environmental group has opposed the facility's operation and requested
an EJ analysis. Notice the zero population reported for the 1 square mile study area. The
EJ analysis does not evaluate worker populations. The facility borders land owned by
Native Americans. Maps 10-12.
3. Superfund
a. In 1991 areas of West Dallas were found to contain varying levels of lead
contaminated soil. One source of the pollution had been the RSR Smelter. Region 6
EPA and the Texas Natural Resource Conservation Commission (TNRCC) are
removing contaminated soils from the Dallas community. A component of the risk
management plan was an evaluation of communities adjacent to permitted hazardous
waste facilities being considered to receive the West Dallas soil. The soil was not
hazardous. A proposed landfill in Avalon, Texas was evaluated using the
Environmental Justice methodology.
1) Waste Disposal Site and West Dallas EJ Analyses
Avalon, Texas is a small rural community about fifty miles south of Dallas. CSC
Disposal is a hazardous waste site in the city. The Minority Status, Economic Status,
and Population Factor of the Region 6 EJ methodology were calculated for the
community around the landfill site. Maps 13-15 demonstrate the 1 and 50 square
mile EJ analyses for the Avalon, CSC facility. An analysis of the West Dallas site is
also presented hi Maps 16-18.
Other waste disposal facilities were considered for the disposal of West Dallas soil.
Two of these sites were landfills near Conroe, Texas and Monroe, Louisiana.
2) Results
Demographic information produced by the EJ methodology characterized each waste
site considered for landfill disposal of West Dallas soils. The environmental justice
information was combined with transportation distance, transport safety, facility
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design, and cost considerations to decide which landfill was the best overall disposal
site choice. The Avalon site was selected. The non-contaminated soil was
transported and deposited at this regulated site in 1993-94.
b. Emergency Response - Houston Scrap, Harris County, Texas
Houston Scrap is a battery cracker, collecting lead from used auto batteries for recycling.
Lead concentrations on site in excess of thirty percent have been measured, offsite
contamination is known to exist, but the full extent has not been identified. The company
has been ordered to immediately remove contaminated waste piles. Emergency response
has fenced the area to keep the public out. Remedial activities are anticipated once the
surficial waste piles are removed. Maps 19-21.
E. Discussion
1. Environmental Justice Index scores are a general ranking tool. Population density,
percent minority population, and percent of economically depressed household data are
the most important analytical factors. When evaluated independently, they often provide
greater insight to the potential environmental justice concerns and can be used alone to
rank sites (i.e., sites ranked on percent minority or economic status, or the combination of
these two factors). The methodology user should realize that even an index ranking of
zero can have significant EJ concerns. For example, an unpopulated study area will rank
a zero, but the land can be owned by or adjacent to land owned by minority and/or low
income groups. The uranium processing plant bordering Native American land in Gore,
Oklahoma is such a site (Maps 10-12).
2. The Region does not believe an environmental health risk must exist before there can be
justice concerns. This is evident by the absence of risk criteria from the EJ methodology.
An analysis of an area's potential risk from chemical releases is calculated at a default
value of 1. Region 6 has an automated risk methodology developed independent of EJ
analysis. Both justice and risk evaluations are used for enforcement targeting projects.
3. Environmental justice has great potential to be misunderstood by government and the
public. Application of the basic principles of science can help prevent this
misunderstanding. An accurate assessment of demographic data will compliment our
community outreach and environmental justice awareness efforts.
4. The EJ Index is derived from the product of three criteria factors with values ranging
from 0-4,1-5, and 1-5. The index can range from 9-100, but, mathematically, there are
not 100 index values possible. This should be remembered when using the methodology
for enforcement targeting and other multi-site applications. The range of possible values
is smaller for facilities ranking between 50 and 100 than for those ranking from 1 to 49.
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Therefore, there can be a greater demographic difference between two facilities ranking
60 than for two sites ranking 20.
5. Methodology users should realize that if ranking factors for minority and economic status
are both ranked "5", and the site is in a relatively low population area, the highest
possible EJ Index is only 25 (on a scale from 0 to 100). Therefore, higher rankings
require high population areas. The computer code describing the spacial and
mathematical aspects of the methodology is documented in the Pilot Degree of
Vulnerability and Potential Environmental Justice Index System Documentation5.
6. Although the subfactors are similarly weighted, it is possible that population may have
been an "indicator" factor. Meaning, wherever population density is high, the other
subfactors tend to rank high. Urbanization may be a concern in this regard. Statistical
analyses are planned to further study this possibility.
7. Environmental justice criteria rankings can be very different when the 50 square mile area
is compared to the 1 square mile evaluation. Subfactor differences are caused by a
change in the number of census blocks analyzed and the actual demographics for the
individual blocks. When the study area boundary (line for the 0.56 mile or the 4 mile
radius) crosses through a census block, the population is assumed to be equally
distributed through the block's area. Therefore, if a block with 1,000 residents is halved,
a population of 500 is counted for that block. This process can potentially cause
significant error depending on the number of blocks and the degree of population
segregation within each block.
8. Although EJ studies can be statistically analyzed using standard methods, obtaining
statistical significance for study areas with few census blocks is more difficult than for
larger areas. Several of the one mile study areas had less than 30 census blocks. Avalon,
Texas has 14 and not all of those were complete (totally within the study area).
Comments by Gerald Fontenot in Addition to Handouts:
Gerald Fontenot said that a senior-level meeting is now taking place regarding the Shintec
facility in Washington. They are dealing with two petitions 1) Title 5 Air permit and 2) Title 6
petition. Mr. Fontenot said that an issue he sees in reference to EJ is the methodology. His region
has developed a methodology for an indexing system. It is similar to what the other regions have
done similar to what other regions have done. He attributes this to the networking that took place
at the staff level among regional offices to develop tools to start to focus on methodologies. He
said they took an EJ methodology from a basic algorithm that they were originally using called a
human health risk index, which still today is driven by TRI data, merely from the standpoint that
they don't have a surrogate data set to use. They're continuing to get additional source data that
enhances both EJ index methodology and the human health risk index. Health data that they've
been able to purchase through private data systems that they can then take as integration tools in
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their methodology. They continue to look for any data systems that are available out there. Mr.
Fontenot then embarked upon explaining the EJ index. Mr. Fontenot then embarked upon
explaining the EJ index. He said it is based on looking at both one square mile and 50 square
mile areas. One square mile is based on fugitive emissions since it is primarily an air-driven
analysis. That's the impact range. The four-mile radius represents 50 square miles and that is
based on the down wash algorythyms from point source modeling. One of the big areas debated
now is what's the best area to use as your analysis domain?
Handing out a document, Mr. Fontenot then said that he had an EJ index methodology, they have
a human health risk index. Showing runs from what they've done in the past and what they
continue to do, he said they are trying to frame hi the context of a regional policy for EJ and
district impact analysis. He said the document being passed around is from a regional working
group. They settled on six factors to look at what these categories would be to develop a
methodology to review whether it is permitting activities, whether it is compliance or
enforcement activities. The factors that they would consider include: public health,
environmental impacts, and economics. Other factors that they're trying to assess are the social
and cultural impacts, nuisance and public safety risk. Emergency Response Notification System
database emergency response and that segways into Public Safety Risk: Looking at emission
data, analysis of what emissions has been in certain areas; what he's shared is a work in progress.
Handing out a document, Mr. Fontenot next discussed the Shintec facility case. Shintec is a grass
roots, world class, monitoring facility that's been permitted for air and water in the state of
Louisiana, he said. It is a new facility being cited on the Mississippi River, so they are not
dealing with existing permits. This is an option to look at things from a stand back, mountain top
viewpoint, he said. They are faced with trying to come up with methodologies to assess is there
a disparate impact in that facility being sited? He said citing decisions are very difficult and to
say that you are citing a facility based on an area rather than on the infrastructure that exists he
is really concerned there. That's what the Shintec decision has evolved into, more so a citing
decision than what the technical requirements are from a regulatory standpoint, be they state-
issued permits or federally issued permits. (He then refers back to the handouts).
They took available tools and did a run. They looked at cumulative health and risk. They did a
ranking for each Louisiana parish (the Shintec facility is in St. James' parish). They did runs with
emissions factored in. They did runs with emissions factored in. Rankings happen to be
cumulative HRI scores for each state. What value do you look at, if the facility was cited at an
HRI index of 234 highest parish in the state is that a decision-making point? Look across the
page at the demographics of the parish. It's 49 percent African American ~ higher than the state
average. The state average is 30.8 percent. Mr. Fontenot said he was sharing with the group a
draft with the tools they are now considering. He wondered if others had done a similar analysis.
The next step would be to come up with a process to make that decision. He looked at the
African American community because that was what was specifically cited in the petition. The
other document looks at facilities in Baton Rouge Corridor. Long before Shintec they looked at
HRI values for all the facilities that are located in that five-parish area. They have done a
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considerable amount of targeting in the enforcement program from the standpoint of using EJ
and HRI indexes for determining the multi-medium inspections. They have also used them in
single medium in the targeting that they do for inspections. Mr. Fontenot says he chairs a
working group that includes all the enforcement programs where they review the data and use the
factors in targeting inspections hi the beginning of the year to lay out then" plan of where they
want to focus. They have done some targeting for lead programs looking at data that is
available on older homes and overlaying that with some strategies that lead abatement program
had. They've been able to pick up information. There's been good dialogue in the region, sharing
data.
In closing, Mr. Fontenot said that one of the real challenges is that EJ is very closely tied to
permitting and enforcement, and should stay there and not separate. Resources are critical and are
driven by bean counting. Bean counting drives the funding and budgeting decisions: in FY 98
RCRA and Air enforcement is taking a big hit. He also pointed out that looking at ongoing
permitting and enforcement activities, the big decisions that they have been facing in working
with the states the states are looking to the Agency for guidance from an EJ perspective. It is
important that they clearly communicate that, otherwise they will have this angst that exists.
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Region 7, Air, RCRA, and Toxics Division
Karen Flournoy
The Regional EJ Coordination is the responsibility of Enforcement Coordination Office. The EJ
Implementation Team has been developing a Region 7 EJ Strategy. This team is made up of
representatives from all Divisions/Offices. GIS mapping project approximately three years ago
identified St. Louis as an area with potential EJ concerns. This lead to Region 7 Community-
Based project in St. Louis and also more Region 7 involvement with Region 5 in their Gateway
Initiative in East St. Louis, Illinois area.
Ms. Flournoy said it is difficult to get states in her region to view EJ as a real issue and for them
to see how they should be incorporating EJ into their everyday business. They have got a lot of
examples of projects where economics is more of a consideration. In many cases, whether or not
there's a large percentage of minorities living in the area. They have been the lead on EJ projects,
but sometimes difficult for states to see the benefit.
St. Louis CBEP activities include: Community University Partnership (CUP) Grant identifying
environmental issues and collecting and evaluating existing data, e.g., TRI. Community sees
direct link between TRI emissions data and health problems. Working with community on: how
to communicate in understandable terms that environmental data is available and how the data
does or does not directly impact health. Upcoming activities include a listening tour and lead
poison prevention outreach, education and cleaning supplies.
Charcoal Kilns in the Ozarks in Missouri-air emissions data demonstrated high levels of
paniculate matter emissions. Utilizing TRI data and the threat of significant EPCRA
enforcement resulted in working with the impacted companies to agree to support state regulation
and installation of controls to reduce air emissions.
Southeast Kansas Risk Assessment Data Collection-During issuance of the first Boiler and
Industrial Furnace (BIF) permit in the nation to a cement kiln burning hazardous waste for fuel,
the public raised a number of health and environmental concerns. There are a number of
combustion facilities in the same vicinity in Southeast Kansas. They are working with the
University of Kansas Medical Center to conduct a study to examine the concerns raised. There
are a number of other activities ongoing in the lead program in St. Louis, and with the tribes to
train, educate, abate and test for lead.
An issue that is often raised by the public is the difficulty in understanding the environmental
data generated by EPA, including the TRI data.
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Region 8, Toxics Program
Debbie Kovacs
April 22,1997
Environmental Justice
"All communities and persons across this nation should live
in a safe and healthful environment." President Clinton
What is Environmental Justice?
Environmental Justice (EJ) means the fair treatment of people of all races, income, and
cultures with respect to the development, implementation, and enforcement of environmental
laws, regulations, and policies. Fair treatment implies that no person or group of people
should shoulder a disproportionate share of negative environmental impacts resulting from
the execution of environmental programs.
Why is Environmental Justice of concern?
Communities sometimes lack political clout, economic means, or awareness of rights and
opportunities to participate in environmental decision making. The EJ movement was
characterized by community activism before it was formally recognized by the federal
government. In 1982, in Warren County, North Carolina, the EJ movement grew out of a
grassroots protest against the siting of a PCB landfill hi a predominantly African-American
community. This protest led to an investigation by the General Accounting Office that
concluded that there was a correlation between the siting of hazardous waste landfills and
race in the host communities. Several other studies followed.
How did EPA get involved?
As a result of the studies, several events took place that eventually lead to the formation of
the Office of Environmental Equity at EPA Headquarters in 1992. On February 11,1994,
President Clinton signed into effect an Executive Order #12898 on Federal Actions to
Address Environmental Justice in Minority and Low Income Populations. The Order creates
an interagency working group, chaired by EPA, to:
1) Develop EJ guidance;
2) Coordinate interagency implementation of EJ policy;
3) Assist in research;
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4) Assist in data collection;
5) Hold public meetings and receive public comment on EJ policy;
6) Examine existing EJ data and studies; and
7) Develop interagency models to illustrate cooperation among agencies.
What is EPA Region VIH's Environmental Justice Program?
Environmental Justice is an integral part of Region VJII's mission. Region VIJI, the states,
Indian tribes and affected communities in the Region will work together to ensure equitable
environmental and public health protection through effective implementation of policies and
procedures.
As part of the Regional reorganization efforts, the Environmental Justice Program was
established and is comprised of six full-time staff from diverse backgrounds. The staff serve as
a catalyst for the incorporation of EJ considerations into EPA programs, policies, and activities
through training, programmatic guidance, and consultation.
Elements of Implementing the program:
Raise awareness of EJ issues;
Identify, assess, address and respond to inequitable environmental impacts;
Focus resources on areas shouldering a disproportionate share of environmental harm; and
Communicate to the public about opportunities to get involved in environmental decision
making.
Administering the Small Grants Program:
The Environmental Justice Small Grants Program was established in 1994 to provide financial
assistance to community-based grassroots and other nonprofit organizations, as well as state,
local and tribal governments to work on EJ projects. There are three types of grants available:
EJ Small Grants (up to $20,000), EJ Community-University Partnerships (up to $200,000), and
EJ through Pollution Prevention grants (up to $100,000). In the first three years of the grants
program, Region VUI awarded more than $1,247,000 to 49 recipients.
For more information, contact one of the resources listed below:
Regional Toll Free Number: 1-800 227-8917 plus extension
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Elisabeth Evans, Director
(303)312-6053
Cory Potash
(303)312-6556
Eduardo Quintana
(303)312-6758
Nancy Reish
(303)312-6040
Deldi Reyes
(303)312-6055
Fax number
(303)312-6826
National Environmental Justice Hotline: 1-800 962 6215
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OFFICE ENFORCEMENT, COMPLIANCE AND ENVIRONMENTAL JUSTICE
ENVIRONMENTAL JUSTICE GRANTS PROGRAM SUMMARY
February 1997
BACKGROUND: The Environmental Justice (EJ) Small Grants program of the Environmental
Protection Agency (EPA) provides financial assistance to eligible community-based grassroots
organizations, religious institutions and other nonprofit, state, local and tribal governments to work
on environmental justice projects. EPA's environmental justice program focuses on improving and
expanding access by the public to government decision-making, outreach to other EPA programs
and the states, responding to community EJ issues and administering EJ grant programs. In order
to be responsive to these needs, EPA has established four types of grant program resources for
communities to address their environmental justice issues: EJ Small Grants (up to $20,000), EJ
Community University Partnerships (up to $200,000), EJ through Pollution Prevention (up to
$250,000) and Environmental Education Grants (applications from $5,000 to $25,000 approved
at our regional office and applications for $25,000 to $250,000 awarded at EPA Headquarters).
Fiscal Year (FY) 1994 marked the first year of the EJ Small Grants Program. Nationally, 71 grants
totaling $507,000 were awarded in FY 1994 and in FY 1995, more than $3,000,000 was awarded
to 174 small grant recipients. In FY 1996, $3,000,000 was awarded to 150 organizations across
the nation. In the first three years of the EJ grants program, Region VUI awarded $1,247,399 to
49 recipients. Since 1994, the EJ small grants program issued $602,399 to 38 projects. The
regional Environmental Justice through Pollution Prevention grants program awarded $645,000
to 11 projects since its inception in 1995.
The following are summaries of projects awarded in Region VHJ in 1994, 1995 and 1996.
1.1994 Environmental Justice Small Grant Recipients
COLORADO
Cross Community Coalition
Denver, CO -
Grant Amount: $9,996
The Cross Community Coalition will implement an educational program to inform community
residents of the environmental hazards facing the community from local polluting facilities
and the resources available to address these dangers.
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MONTANA
Rural Employment Opportunities
Helena, MT -
Grant Amount: $4,550
The purpose of this project is to provide at least 70 percent of the migrant farm workers and
their families in the Helena area with information about the hazards associated with pesticide
exposure. Multimedia educational tools, such as bilingual informational booklets, video
tapes, and awareness workshops will be used.
Fort Belknap Indian Community Council
Harlem, MT
Grant Award: $10,000
The goals of this project are to produce and distribute a community environmental
newsletter, sponsor environmental workshops, and facilitate organizational and technical
support for the Tribal Environmental Committee.
NORTH DAKOTA
Turtle Mountain Community College
Belcourt, ND
Grant Award: $9,455
The purpose of this project is to form an Environmental Improvement Committee to address
EJ issues facing area communities. A satellite distance learning system will be used to
enhance awareness of local environmental hazards and solicit input from residents to
develop a plan of action to remedy these problems.
Clean Water Fund
Fargo, ND
Grant Award: $6,500
The grantee will develop safety training materials in Spanish for Hispanic communities to
learn about the various household toxics and alternative products which can be used to
reduce health risks in the home and work place. Slide shows and video tapes on pollution
prevention will be made accessible to public institutions, migrant employment agencies, and
individual households.
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SOUTH DAKOTA
Sisseton-Wahpeton Dakota Nation
Agency Village, SD
Grant Award: $10,000
The purpose of this project is to expand the Tribal community's awareness of ways to
address EJ issues through workshops for community residents, youth and teachers. A
network will be established to work with local, state, and federal officials to coordinate
training activities and to exchange information on environmental concerns. Additionally,
this grant will strengthen the capacity and participation of the Tribal Youth Council in the
project.
1994 TOTAL FOR REGION VIH GRANT RECIPIENTS $50,501
2.1995 Environmental Justice Small Grant Recipients
COLORADO
Council of Energy Resource Tribes
Denver, CO
Grant Award: $19,793
This project will identify necessary and needed improvements in communication and
coordination of EJ issues between tribes and EPA. The grantee will coordinate forums to
facilitate community and information exchange in a participatory and proactive manner with
three tribes located in Region VIOL
Cross Community Coalition
Denver, CO
Grant Award: $19,974
The Colorado People's Environmental and Economic Network (COPEEN) proposes to bring
together community-based grassroots people of color groups to work in partnership to
address environmental justice issues. Goals include improving coordination,
communication, and information exchange, providing skill training developing and
establishing statewide projects in partnership, and developing and establishing an education
and training center to serve as a repository for written and audiovisual material.
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Denver Department of Health and Hospitals
Denver, CO
Award Amount: $20,000
This grant will fund research in the Montbello area, which has been targeted because of
grave concerns about Rocky Mountain Arsenal pollution. Oral and written interviews of
4,000 households will be conducted to gather information regarding community life-
expectancy rates, pre-existing conditions, and birth and death information. Standard
physical, mental health, and socio-demographic data will also be gathered. Research results
will be communicated to the community through a multi-media approach.
El Paso County Department of Health and Environment
Colorado Springs, CO
Award Amount: $18,910
The grantee will conduct radon mitigation and demonstrate its effectiveness through a series
of demonstration projects. Expert, hands-on training will be provided to the Energy
Resource Center (ERC) personnel. The ERC is a non-profit agency that performs
weatherization repairs hi low-income family housing. The benefit of working with this
particular agency is that it has both the administrative structure and the skills needed for
radon mitigation, since they closely parallel those used for weatherization.
Hispanic Chamber of Commerce Educational Foundation
Denver, CO
Award Amount: $20,000
The .purpose of this project is to educate the Hispanic business community and the
community at large about the role that small minority businesses can play in risk reduction
and pollution prevention. The grantee will educate these people of color business owners
on simple methods to reduce their risks in dealing with existing pollution; provide practical
information to small business owners on pollution prevention; and outline options that may
be taken by small business employees dealing with pollution.
Sunnyside United Neighbors Inc.
Denver, CO
Award Amount: $19,528
The goals of this project are to educate the residents of the Sunnyside area to better enable
them to deal with the cleanup activities and residual effects on the community's land and
water and to increase pubic awareness of this site. This project is intended to provide outreach
regarding EJ implications of such facilities together with potential pollution prevention
opportunities of any future sites. A further goal is to enable the community residents to be
aware and to prevent more toxic waste disposal in this and the surrounding community.
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MONTANA
Confederated Salish and Kootenai Tribes
Pablo, MT
Award Amount: $20,000
This project includes the development of educational and tribal environmental programs,
including EJ information resource materials for use at various schools on the reservation. An
informational brochure will be developed for area agencies, land owners, and other resource
managers that may also be used in other parts of the country with substantial Native American
populations.
District XI Human Resource Council (HRC)
Missoula,MT
Award Amount: $15,326
This project will benefit an area encompassing approximately 27 percent of the state's low-
income population. The HRC project will provide education to low-income, Native American,
and Hmong communities on indoor air quality, encourage community involvement through
greater awareness, and provide methods for residents to mitigate the detrimental effects of
radon, carbon monoxide, and toxics.
Fort Belknap Community Council
Harlem, MT
Award Amount: $20,000
The impoverished Fort Belknap Reservation is plagued with the degradation and depletion
of groundwater because of a large, open pit gold mine operating adjacent to the reservation.
To address the groundwater problems, the grantee will sponsor four environmental workshops
for reservation members. One of these workshops will be entitled, "Water or Gold?
Environmental Justice Issues." In addition, the proposal includes the continued production and
distribution of a quarterly environmental newsletter that facilitates community activities and
partnerships.
Northern Cheyenne Tribe
Lame Deer, MT
Award Amount: $20,000
A classified section of the Northern Cheyenne Reservation was designated a Group I non-
attainment area in 1988. This project will address this issue by providing quarterly public
hearings in all five districts of the reservation. The public meetings will educate reservation
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members about EJ and how reservation members and their environment are being affected
by EJ issues relating to air pollution.
NORTH DAKOTA
Clean Water Fund
Fargo, ND
Award Amount: $20,000
The Clean Water Fund will continue producing trading materials in Spanish that will include
charts illustrating common household toxics and safe alternatives for reducing health risks.
The Fund will also develop health and safety fliers for protecting health hi the home and
work place, a slide show presentation on pollution prevention, and video tape versions of
the slide show for use at public institutions, migrant employment agencies, and in individual
households. For the 1995 grant period, they expect to reach an additional 5,000 migrant
workers hi the Red River Valley of North Dakota.
SOUTH DAKOTA
Oglala Sioux Tribe
Pine Ridge, SD
Award Amount: $18,701
The purpose of this project is to focus on the Pine Ridge Reservation of the Oglala Sioux
Tribe which has a serious problem with underground storage tanks (UST) and leaks to the
ground water. This grant will be used to educate community residents about the need to
ensure that the USTs are tested and tightened so that no further leakage occurs. This grant
will also contribute to the tribal capacity to monitor and respond to such leaks and protect
tribal small businesses that rely on USTs.
Western SD Community Action, Inc.
Rapid City, SD
Award Amount: $16,000
The Western, South Dakota Community, Inc. is a private, nonprofit organization that was
established to affect a positive change in the economic level and health status of low-income
residents in 10 counties. The grant will be used to test radon levels in at least 200 homes
occupied by low income individuals and analyze the data as it relates to the incidence of
cancer and infant mortality. The results will be compiled and distributed to the affected
communities along with information and low-cost methods to alleviate radon concentrations.
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Jobs and Environment Campaign/Oglala,Sioux Tribe
Pine Ridge, SD
Award Amount: $20,000
This project is a partnership between the Lakota Nation (Oglala Sioux) and the Jobs and
Environment Campaign (JEC). The project is designed to give a great measure of regulatory
autonomy to the Oglala Sioux Tribe, while addressing their most pressing environmental
problems. The project will include several activities: 1) community outreach and education;
2) development of environmental regulatory codes; 3) baseline environmental study; and 4)
technical assistance for two "green" economic development projects at Pine Ridge.
UTAH
Utah Society for Environmental Education
Salt Lake City, UT
Award Amount: $19,590
The purpose of this project is to improve the environmental quality of the Jordan River
corridor through a low-income portion of the Salt Lake Valley. The education-based project
will enhance the community's motivation and ability to identify and take action to address
the problems affecting their quality of Me. This is targeted to low-income people and people
of color with long-term concerns about contamination and adverse health effects. Specific
objectives will address education, site visits, instruction training, and community
organization.
1995 TOTAL FOR REGION VHJ GRANT RECIPIENTS $287,822
3.1996 Environmental Justice Small Grant Recipients
COLORADO
Council of Energy Resource Tribes
Denver, CO
Award Amount: $10,033
This project for the Council of Energy Resource Tribes (CERT) will continue facilitating
information exchange in a participatory and proactive manner to define what "environmental
justice" means in Indian Country and to develop a Comprehensive Tribal Environmental
Program Handbook to guide other Tribes throught the strategic planning process so that they
can also assess their requirements and goals for developing environmental protection
capacity.
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Cross Community Coalition (COPEEN)
Denver, CO
Award Amount: $19,820
The Cross Community Coalition is applying for this EJ grant as the umbrella agency for the
Colorado Peoples' Environmental and Economic Network (COPEEN). COPEEN's goal is
to bring together community-based grassroots people of color to build partnerships to
address environmental justice issues, and to improve coordination, communication, and
information exchange. This year's proposal consists of two components: 1) to update and
expand the 1990 Citizen Action study: "Poisons in Our Neighborhoods: Toxic Pollution in
Colorado". The project plans to use the Toxic Release Inventory (TRI) data to summarize
the amounts of toxic chemicals that are released into communities in Colorado; and 2) to
continue the printing and distribution of the quarterly newsletter, the COPEEN News, to
more than 350 groups and individuals.
El Paso County Department of Health and Environment (EPCDHE)
Colorado Springs, CO
Award Amount: $10,109
The objective of the original project was to provide training for Energy Resource Center
(ERC) personnel responsible for providing weatherization improvements for low-income
families to conduct radon testing and mitigation repairs while in the home. This program
demonstrated on a small scale that radon mitigation work can be accomplished at a quality
equal to services provided by private contractors to low-income families at approximately
half the normal cost. Under the 1996 grant, the ERC will test approximately 20 houses, as
well as fix six homes to demonstrate the effectiveness of both the process and the actual
repairs. In order to achieve these goals, the EPCDHE plans to accomplish the following
objectives: 1) identify necessary improvements in communication and coordination among
community-based organizations and enable them to inform their constituency of the benefits
of radon measurement and remediation; 2) establish an infrastructure capable of continuing
this program; and 3) enhance community understanding and demonstrate how to access
radon mitigation services.
Hispanic Chamber of Commerce Educational Foundation
Denver, CO
Award Amount: $10,109
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The Hispanic Chamber of Commerce Educational Foundation (HCCEF) is a 501(c)
non-profit organization, formed for the purpose of promoting small business through
training, networking and information sharing. The goal of the HCCEF, through this
continuation project, is to educate and train Hispanic Chamber small business owners on risk
reduction and pollution prevention by conducting six training sessions throughout Colorado.
They will continue to educate people of color business owners on simple tips to reduce their
risk in dealing with existing pollution; provide practical information to small business
owners on pollution prevention; and outline actions that may be taken by small business
employees in dealing with pollution.
Church of the Holy Redeemer
The Place Ministries (St. Ignatius Loyola Church)
Denver, CO
Award Amount: $18,878
The Place Ministries is a collaboration of three churches organized to provide educational
and social outreach programs for youth ages 7 to 18 in economically disadvantaged
neighborhoods. This neighborhood, roughly bounded by Colfax Avenue, Colorado
Boulevard, 1-70 and Downing Street, is predominantly African American and economically
disadvantaged, with many at-risk children. The Place Ministries will select 20 students from
Montbello, Manual and East High Schools to participate in a summer-long program targeted
at addressing environmental problems in their neighborhoods related to lead exposure and
contamination. Under the supervision of an environmental scientist and other volunteers,
these youth will collect drinking water, playground equipment, and soil samples to analyze
for lead content.
Working closely with EPA, the Colorado Department of Public Health and Environment
staff, and others to mentor these youth, this project will provide eight weeks of unlimited
educational value for the students by providing hands-on experiments; touring
environmental labs, water and wastewater plants; developing a quality assurance plan and
program; distributing outreach materials to their community; and developing a curriculum
and/or handbook for use by these students and other community organizations and schools.
MONTANA
Confederated Salish and Kootenai Tribes
Pablo, MT
Award Amount: $10,109
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Development of the educational and program resource materials for the Salish and Kootenai
environmental protection division will facilitate current program efforts. Because of the
jurisdictional and political climate of the Reservation, the Division of Environmental
Protection (DOEP) program duties became complicated by lack of education and
understanding of the role Tribal programs play in the local community. This continuation
project includes the development of information resource materials for use at the various
schools on the Reservation. These materials will be organized by program category into
education "trunks," which may be checked out by local educators or used by the DOE'P
staff. DOEP staff will coordinate with the Tribal Education Program office to establish
contacts with Reservation science teachers and schedule presentations. Under this
continuation project, an informational brochure will be developed for area agencies, land
owners, and other resource managers that may also have an environmental justice impact in
other parts of the country with substantial Native American populations.
District XI Human Resource Council
Missoula, MT
Award Amount: $10,109
The purpose of this continuation project for the Human Resource Council (HRC) is to
increase awareness about the impacts of radon and carbon monoxide on low-income, Native
Americans, and Hmong communities in Montana. The pollution problems facing these
communities are the dangers of indoor air quality; most specifically radon and carbon
monoxide. This project, which is a collaboration between the Missoula Indian Center, the
Refugee Assistance Corporation on behalf of the Missoula Hmong Community, and the
Western Montana Fair Housing Corporation, will benefit a seven county area encompassing
approximately 27 percent of the state of Montana's low-income population. Long term
follow-up, testing and remediation activities are also proposed for this project. The HRC will
continue providing education on indoor air quality, encouraging participation through
greater awareness, and providing some means and methods to mitigate impacts of radon,
carbon monoxide and toxics affecting these low-income, Native American and Hmong
communities.
Fort Belknap Community Council
Harlem, MT
Award Amount: $19,787
The Fort Belknap Indian Reservation hi north-central Montana is home of the Atsina (Gros
Ventre) and Nakoda (Assiniboine) Indian Nations. For many, living conditions are bleak
and impoverished on this small Reservation which encompasses an area of approximately
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653,100 acres. The Reservation has a high unemployment rate of 70 percent and a total
resident population of approximately 3,600. This continuation grant will provide some
support for their ongoing project to publish a quarterly newsletter on local environmental
issues. One of the goals of this project is to sponsor a public forum on EJ on Indian Land in
Montana and to facilitate community partnerships with other tribal communities.
Rural Employment Opportunity, Inc.
Helena, MT
Award Amount: $19,997
Rural Employment Opportunity (REO) is a non-profit organization founded in 1982 to
assist migrant and seasonal farm workers hi Montana. The REO has five offices hi the
state. As a 1994 recipient, the goal of this year's Pesticide Safety Project is to increase
the degree of awareness of pesticide safety issues among both adult farm workers and
their children. The project plans to contact 1,000 workers and 600 families, which is
about 80 percent of the migrant farm worker population. This year's outreach efforts will
include: distributing pesticide training handbooks; arranging pesticide handling
certification courses; conducting awareness conferences and workshops; and developing
an interactive computer program hi English and Spanish for K-6 grade children to learn
the dangers of pesticide and appropriate safety procedures.
NORTH DAKOTA
Clean Water Fund
Fargo, ND
Award Amount: $10,000
The Clean Water Fund is a non-profit research and education organization promoting the
public interest since 1978 on issues related to water, waste, toxics, and natural resources.
The project purpose is to continue facilitating the exchange of information and to
coordinate communication between community stakeholders and the affected
community. The targeted audience is seasonal Hispanic migrant farm workers in North
Dakota. The objectives of this project include: facilitating additional bilingual "Train the
Trainers" workshops, providing training to 100 Hispanic community leaders and
conducting one or more "community forums" on pesticide safety and worker protection
issues. Based on CWF's projections, this 1996 funding should allow CWF to inform and
train an additional 500 migrant workers.
Standing Rock Sioux Tribe
Fort Yates, ND
Award Amount: $20,000
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The tribal land of the Standing Rock Sioux Tribe covers the south-central part of North
Dakota and the north-central part of South Dakota. A recent closure of Standing Rock's
community open dump has resulted in widespread illegal dumping. The cost of proper
disposal has increased because of federal and tribal regulations. These increased disposal
costs have lead to illegal dumping of solid waste throughout 2.2 million rural acres of the
reservation. The proposal consists of assessing the extent of the illegal dumping; and
design of an education and motivational publicity campaign detailing the environmental
hazards posed by the illegal dumping.
SOUTH DAKOTA
Oglala Sioux Tribe
Pine Ridge, SD
Award Amount: $10,109
The purpose of this continuation project is to focus on leaking underground storage tank
(USTs) problems on the Pine Ridge Reservation of the Oglala Sioux Tribe located in South
Dakota. This grant will educate residents on testing and tightening USTs to ensure that no
leakage is occurring to the groundwater. Under the 1995 grant, the Tribe located 150 or 85
percent of the tanks on the Reservation of which most were abandoned. This grant will also
contribute to Tribal capacity building by allowing the Tribe to monitor and respond to such
leaks in order to protect Tribal small businesses that rely on USTs. The Tribal population
is approximately 20,000, and has an average per-capita income of $3,000 annually with an
unemployment rate of approximately 80 percent, which further substantiates the need for
assistance to protect the groundwater.
Native Ecology Initiative/Oglala Sioux Tribe
Jobs and Environment Campaign
Pine Ridge, SD
Award Amount: $10,109
The Jobs and Environment Campaign is a non-profit community empowerment
organization working to create jobs that are good for people and the environment through
the Native Ecology Initiative. This continuation project contains the development of four
principal components: 1) community outreach and education; 2) environmental regulatory
codes; 3) a baseline environmental study; and 4) technical assistance for two "green"
economic development projects at Pine Ridge; an organic coffee company and a solar
lighting project. The Lakota (Oglala Sioux) Environmental Empowerment Project UP) is
designed to bring a greater measure of regulatory autonomy to the Oglala Sioux Tribe
(OST) while addressing then* most pressing environmental problems, hi order to achieve this
goal, the project will involve all of the nine reservation districts, develop leadership through
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Citizen's Juries and Watch Groups who will educate the code-writers, and monitor the
environment to help prevent illegal dumping on native lands.
UTAH
Northwestern Band of The Shoshoni Nation
Brigham City, UT
Award Amount: $20,000
The Northwestern Band of the Shoshoni Nation, on behalf of seven other Utah Tribes, plans
to develop and conduct a workshop for Tribal leaders and their respective communities that
specifically targets the following goals: 1) approaching environmental justice through
traditional and cultural practices, 2) determining whether to create an inter-Tribal
environmental agency, and 3) identifying strategies involved in developing a comprehensive
strategic master plan for environmental management. The planning process that the Utah
Tribes are pursuing can be considered a model for how other States and Tribes as well as
communities can come together to develop partnerships, share resources and technology,
and develop innovative approaches in dealing with EJ issues.
Utah Society for Environmental Education (USEE)
Salt Lake City, UT
Award Amount: $20,000
The purpose of Phase I of the project was to improve the environmental quality of the Jordan
River corridor through a low-income portion of the Salt Lake Valley. The education-based
project will continue to enhance the community motivation and ability to identify and take
action to address the problems affecting their quality of life. Phase I of this project was
targeted for low-income and people of color with long-term concerns about contamination
and adverse health effects. Having received funding in 1995 for Phase I, Phase n includes
outreach visits to these communities to provide education and training on water quality
testing methods, and problem solving and public participation skills related to urban
planning. USEE will also use an activity guide addressing local EJ problems identified in
Phase I to target community groups through intensive outreach. These groups include
schools, community centers, and churches. For example, USEE will attempt to have
individual schools adopt a section of the river to conduct trash clean up projects. USEE will
also establish an annual Jordan River Summit meeting where all community members can
celebrate the year's accomplishments.
WYOMING/ MONTANA
National Safety Council
Washington, DC
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Award Amount: $19,907
The National Safety Council (NSC) founded in 1913 is dedicated to the safety and health
of all people. In 1988, the Council established the Environmental Health Center (EHC) to
address priority environmental health concerns. The EHC works close with the Safety
Council's 85 local chapters throughout the United States and Canada. This program proposes
to work closely with the Wyoming and/or Montana Safety Council to serve as pilot sites for
an educational program on indoor environmental pollutants.
The project's purpose is to reduce the threat of radon and lead paint exposure by residents
of low-income and minority communities. The targeted audience will include mothers and
children in low-income and low-income minority communities and tribal reservations. The
objectives for the project include: encouraging local grassroots organizations to develop a
partnership and information exchange system to address local environmental justice issues;
and informing local high-risk residents about manageable options to reduce pollution in their
homes.
1996 TOTAL REGION VIE GRANT RECIPIENTS: $239,076
GRAND TOTAL EJ SMALL GRANTS: $577,399
1995 ENVIRONMENTAL JUSTICE THROUGH POLLUTION PREVENTION
(EJP2) GRANT RECIPIENTS
COLORADO
Denver Urban Gardens;
Denver, CO
Award Amount: $25,000
This pollution prevention demonstration project will help 11 EJ communities in Denver
identify and restore polluted parcels of land to community gardens.
Ninos-Y-Padres (Riverside Task Force)
Grand Junction, CO
Award Amount: $50,000
This project proposes to remodel a school to create an energy efficient community education
center.
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Tri-County Health Department
(Adams, Arapahoe and Douglas Counties)
Englewood, CO
Award Amount: $30,000
This project will initiate a comprehensive air quality program to reduce toxic pollutants from
small service businesses that emit regulated air pollutants, such as vehicle and equipment
maintenance facilities, print shops, dry cleaners and others. The project will work closely
with these businesses to provide education and technical assistance on proven methods for
reducing and/or preventing VOC emissions into ambient air.
MONTANA
Montana State University Extension Service
Bozeman, MT
Award Amount: $50,000
The goals of this project include bringing together representatives from each Montana Indian
reservation to discuss environmental issues common and unique to the reservations,
conducting a demonstration pollution prevention (P2) assessment on the reservation, and
developing custom P2 education/training programs.
NORTH DAKOTA
Turtle Mountain Band of Chippewa Indian Tribes
Belcourt, ND
Award Amount: $25,000
This project will develop educational and informational meetings to inform tribal members
of the importance of P2, as well as the need to implement and enforce environmental policies.
Turtle Mountain Band of Chippewa Indian Tribe
Belcourt, ND
Award Amount: $50,000
The Tribe, in cooperation with the Waste Reduction Institute for Training Applications
Research (WRTTAR), the Center for Resourceful Building Technology (CRBT) and the
Turtle Mountain Manufacturing Company, will develop housing that promotes energy
efficiency as outlined in the EPA "Green Lights" program. The use of manufactured housing
by Native Americans leads to long-term exposure to indoor air quality hazards. This project
will integrate environmental considerations such as material selection, use, and application
into manufactured housing design.
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SOUTH DAKOTA
Sinte Gleska University (SOU)
Rosebud, SD
Award Amount: $50,000
This training and demonstration project will teach SGU students about sustainable design,
materials, and construction techniques and how to use locally available natural resources to
construct non-toxic buildings.
Running Strong for American Indian Youth
Oglala Sioux Tribe/Slim Buttes Community
Pine Ridge, SD
Award Amount: $25,000
The Slim Buttes Project will provide small-scale organic community farming cooperatives
with agricultural technical assistance, equipment, supplies, seeds, and seedlings. Through
organic gardening workshops, field demonstrations, and "train-the-trainer" workshops,
the project can be easily replicated on other reservations in SD and neighboring states.
UTAH
Northwestern Band of the Shoshoni Nation
Brigham City, UT
Award Amount: $50,000
This project will develop a strategy to assist eight Utah tribal governments in identifying
local environmental concerns and P2 processes to address these concerns. The program will
be structured to educate and train tribal leaders and program managers in P2 processes to
manage their own environmental concerns.
WYOMING
Shoshoni & Northern Arapaho Tribes
Wind River Reservation
FortWashakie,WY
Award Amount: $40,000
This project will reduce the exposure of tribal members to potentially toxic chemicals
through education, access to information, elimination of hazardous materials from individual
homes, and an assessment of epidemiological conditions on the reservation. Project products
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include a needs assessment, a computerized epidemiological database, and a GIS map of
groundwater vulnerability.
1995 TOTAL FOR REGION Vm GRANT RECIPIENTS $395,000
5.1996 Environmental Justice through Pollution Prevention
COLORADO
Northeast Denver Housing Center
Denver, CO
Award Amount: $250,000
This project will add energy efficiency and sustainable design principles to a new low-income project
hi Denver Colorado, and to develop and administer a pollution prevention
training and employment program for EJ target groups in conjunction with this project. The
target groups for this project are occupants of low-income housing including minorities and
Native American Indians, low-income and minority communities surrounding power plants
and industrial areas, and the workers and trainees participating in the construction of this
housing project.
The Northeast Denver Housing Center (NDHC) is a non-profit agency that provides affordable
housing, family assistance, support services and neighborhood economic development for
minority communities in the city of Denver. NDHC was among 25 community-based
organizations to receive HUD's National Excellence Award. The award recognized model
programs that address an array of urban issues, including affordable housing, poverty, job
creation and environmental renewal.
1996 TOTAL FOR REGION VHI GRANT RECIPIENTS $250,000
For more information, contact one of the resources listed below:
Fax Number: (303) 312-6826
Mail Codes: 8ENF-EJ
Elisbeth Evans, Director
(303r312-6053
Patricia Denham
(303) 312-6557
Cory Potash
(303) 312-6556
Eduardo Quintana
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(303)312-6758
Nancy Reish
(303) 312-6040
Deldi Reyes
(303) 312-6055
Regional Toll Free Number: 1 800 227-8917 plus extension
National Environmental Justice Hotline: 1-800-962-6215
Thanks for your continued interest and support for the environmental justice program.
Comments in Addition to Handouts:
The region has been dedicated to addressing EJ at the management level. In addition
to grants, they held a workshop in Denver attended by 80 people in the
Environmental Justice area. Through Denver, the executive federal board organized
a meeting of 25 agencies, with the goal to increase awareness of EPA's involvement
in EJ. They have a mailing list of 700 to 800 people of interested parties and
stakeholders. They send out periodicals. Their EJ office works directly with different
program offices as opportunities arise. The said they have been anticipating in a
multi-agency group that's being going on since 1995. Barriers: difficult to get group
to talk about environmental issues. It takes a back seat compared to food and shelter
issues. Do grant for leaded paint and to various states. They have done grants to 12
of the tribes (almost half of the region), for the development of certification and
training programs for professionals. It has been difficult to find experienced tribal
personnel to train under that program, but it is getting better because people are
realizing that there are jobs associated with that.
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Region 9, C-MD
Laura Yoshii
EPA REGION IX
ENVIRONMENTAL
JUSTICE
STRATEGY
(DRAFT)
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5/21/97
DRAFT
EPA REGION IX
CROSS MEDIA DIVISION
ENVIRONMENTAL JUSTICE STRATEGY
BACKGROUND:
On February 11, 1997, President Clinton issued Executive Order "Federal Actions to Address
Environmental Justice in Minority Population and Low-Income Population," and an
accompanying Presidential Memorandum, to focus Federal attention on the environmental and
human health conditions in minority and low-income communities. The Executive Order, as
amended, directs Federal agencies to develop an EJ Strategy that identifies and addresses
disproportionately high and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income populations.
MISSION:
To achieve environmental protection so no segment of the population, regardless of race,
ethnicity, culture or income bears an undue burden of environmental pollution and to ensure
that the benefits of environmental protection are shared by everyone.
The agency will develop strategies to ensure that low-income and minority communities have
access to information about their environment and that they have an opportunity to participate
in shaping the government polices that affect their health and environment.
GOAL:
Each program in the Cross Media Division will identify specific actions to address EJ. The goal
is to educate ourselves and our stakeholders and to look for innovative approaches to address
inequities.
STRATEGY TO MEET MISSION STATEMENT AND GOALS:
it-
>Training
-train all staff and managers on EJ
-provide a copy of the CMD's EJ strategy to all Division employees
-provide EJ briefing materials to new employees
-provide EJ training/workshops to external stakeholders
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>Integration and Collaboration
internal:
-integrate EJ objectives into programmatic efforts
-work with other divisions in Regional Office interfacing EJ efforts
-facilitate communication between staff/managers and impacted communities
external:
-collaborate with outside agencies regarding EJ objectives
-interact with related agencies and communities
>Planning and Targeting
-Plan/ask - who will we target?
-where are areas we can be effective?
-coordinate cross media efforts in EJ communities
-develop and implement EJ Action Plans
-work with other Divisions hi Regional Office to address EJ concerns
>Place-Based Actions
-identify place-based EJ projects and implement (ex. Ward Valley, McFarland)
-work with other Divisions in Regional Office on place-based projects
-develop public outreach programs
-interact with related agencies and communities and establish common levels of
communication
>Policy
-review policy documents,
-give guidance using and EJ perspective
>Evaluation
-measure success/quantify
PROGRAM SPECIFIC ACTIONS:
Each program hi the Cross Media Division has identified program specific actions to address
Environmental Justice.
A. LEAD REGION FOR PESTICIDES & TOXICS:
Action Plan:
-All staff and managers will complete EJ training
-Promote EJ principles within and outside of EPA (ex. On MOA workshops)
-Final list of what this program did, how did it work, success stories, lessons learned.
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B. PESTICIDES PROGRAM:
Action Plan:
Training
-All Staff and Managers will complete Environmental Justice Training
-Pesticide overview to EJ team
Integration and Collaboration
-Approach full compliance with National Pesticide Regulations in EJ communities by balancing
the use of enforcement actions with compliance assistance
-Planning and targeting -Focus on worker protection/pesticide drift in EJ community -Gather
information on pesticide use on tribal lands that do not have a tribal pesticides regulatory program.
to help ensure that such use is in compliance with federal laws
Place-Based Actions
-Participate on and give guidance to place-based EJ projects hi Region. Examples:
Watsonville Pilot Project, McFarland, Tribal Issues,
-Respond to EJ community-based issues and concerns (e.g. pesticides & public health,
geographically targeted pesticide use/risk reductions) emphasizing facilitative role with local
and state govt. and community representative.
Policy
-Incorporate EJ language hi national program's guidance documents (groundwater and pesticide)
Evaluation
- Final list of what this program did, how did it work, success stories, lessons learned
C. TOXICS PROGRAM:
Action Plan
>Training
-All Staff and Managers will complete Environmental Justice Training
-TRI overview to EJ Team
-TRI outreach/training to EJ communities
>Integration and Collaboration
-integrate EJ into-grant process-TRI-training grant,~Pb grants
>Planning and targeting
-TRI outreach/training to EJ communities (e.g., Mothers of East LA)
-Take lead for grants that relate to Pb (lead) issues in EJ small grant program
>Place-Based Actions
-Participate on and give guidance to place-based EJ projects in Region (e.g., Oakland, Tribes)
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>Policy
-Ensure EJ concerns are addressed in National Program Priorities
>Evaluation
- Final list of what this program did, how did it work, success stories, lessons learned
D. FEDERAL ACTIVITIES PROGRAM:
Action Plan:
>Training
-All Staff and Managers will complete internal Environmental Justice Training
-At Federal Facility Conference add Understanding of EJ Exec Order
-Federal Facilities group should talk on NEPA and EJ at conference/workshop
-Sponsor one-day EJ workshop for Federal Facility Agencies
> Integration and Collaboration
-Integrate EJ with NEPA reviews (providing guidance/comments)
- what are other Federal Agencies doing with then- Federal EJ strategy
-provide/find EJ contacts in DOD, DOE, BLM, DOT (what communities are they impacting?)
> Planning and targeting
-How is Executive Order implemented when an EJ community is involved?
-When establishing inspection targets, are EJ communities part of target?
> Place-Based Actions
-Participate on Projects that have EJ implications (Ward Valley)
-When contacting agencies on regular basis to find out what is coming up (Environmental
Reviews)-ask about EJ concerns in order to inform/plan
> Policy
-Provide guidance/comments integrating EJ with NEPA reviews
- assure Tribes have access to NEPA process
> Evaluation
-Final list of what this program did, how did it work, success stories, lessons learned
E. PACIFIC INSULAR AREA PROGRAM
Action Plan:
>Training
-All Staff and Managers will complete Environmental Justice Training
-Pacific Island overview to EJ Team (foster better understanding of community)
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> Integration and Collaboration
-When assisting GEPA in preparing a pollution prevention proposal promote greater
community involvement
> Planning and targeting & Place-Based Actions
-In furthering sustainable developments, promote community development/involvement
-Place emphasis on expanding network of contacts and working relationships at all levels of
involvement
> Policy
-Are EJ concerns addressed in the development of Island Air Permitting and enforcement
programs?
> Evaluation
-Final list of what this program did, how did it work, success stories, lessons learned
F. INDIAN PROGRAM
Action Plan:.
> Training
-All Staff and Managers will complete Environmental Justice Training
-Tribal training/how can they integrate EJ In training
> Integration and Collaboration
-work with BIA, IHS, etc to assure compliance
-work with EJ team to develop proactive monitoring strategies for EJ sites
> Planning and Targeting
-Attend NEJAC meeting/ May (Indians Subcommittee) or get de-briefing from EJ Team
-Working with other Federal Agencies (BIA, MS), increase resources devoted to tribes,
> Place-Based Actions
-identify site-specific EJ issues, Examples Black Mesa, Ward Valley, FM overflight
> Policy
-assure Tribes have access to NEPA process
> Devaluation
-Final list of what this program did, how did it work, success stories, lessons learned
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G. ENVIRONMENTAL JUSTICE
Action Plan:
> Training
- All Staff and Managers will complete Environmental Justice Training
-EJ team will provide region-wide training for staff and managers
-help in creating an internal cultural change and understanding of EJ within the CMD
-Sponsor one-day EJ workshop for Federal Facility Agencies
> Integration and Collaboration
-Coordinators of the CMD EJ Strategy
> Planning and targeting
-Help Program Liaisons develop EJ strategies for then- respective divisions ($F, Air, Water,
RCRA OSPEI, Regional Council, etc.)
> Place-Based Actions
-Continue EJ Pilot Projects in Oakland and Watsonville
- EJ Team members will be assigned to an EPA priority place-based area (e.g. Oakland, L.A.,
San Francisco, S. Phoenix, etc.)
> Policy
-Title VI review
- NEPA review
> Evaluation
-Final list of what this program did, how did it work, success stories, lessons learned.
H. COMMUNITY BASED ENVIRONMENTAL PROTECTION:
Action Plan:
> Training
-All Staff and Managers will complete Environmental Justice Training
-integrate EJ into various CBEP efforts, Ex: Training
> Integration and Collaboration
-CBEP can support EJ, (e.g. Project Officer for EJ grants)
-while developing, updating and disseminating information on CBEP externally, promote EJ
principles (i.e. community involvement at all stages of process)
> Planning and Targeting
- Sustainable Development Grant - What EJ criteria is being used?
(ex.Are we giving money only to Scoffsdak?)
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-Empower community to address their needs through unproved communication, information
exchange, and development of partnerships
> Place-Based Actions
-integrate EJ into various CBEP efforts (inventory of communities)
-Assist EJ Team with place-based assignments (i.e. West Oakland, McFarland
> Policy
-Promote EJ at National level
> Evaluation
-Final list of what this program did, how did it work, success stories, lessons learned.
1. MERIT PARTNERSHIP INITIATIVE
Action Plan:
Training
-All Staff and Managers will complete Environmental Justice Training
Integration and Collaboration
-Program strives to work with the private sector and communities to integrate innovative P2
practices and technologies to achieve environmental protection and economic growth
Planning and Targeting
-Role of advisory group is to make sure that the partnerships includes the community
(this is critical when decisions are made affecting the community)
Place-Based Actions
-Metal Finishing Project involves working with several small and medium sized metal finishing
facilities in Southern California to install P2 technologies for targeted metal finishing processes.
The technologies are designed to reduce waste generation at the source and recover materials
from waste streams for reuse and recycling.
-Industrial Laundry Project is to assess the effectiveness of various pollution prevention measures
in a small industrial laundry and in some of the small businesses that are customers of the laundry.
-With place-based projects, will pay particular concern to EJ issues
Policy
-Integrate EJ concerns into the ISO 14001 EMS standards (i.e. are companies good neighbors, is
there regulatory compliance, can community participate in company decisions)
Evaluation
-List of what program did, how did it work, success stories, lessons learned
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J. AGRICULTURAL INITIATIVE
Action Plan:
Training
-All Staff and Managers will complete Environmental Justice Training
Integration and Collaboration
-The impacts from agricultural production fall disproportionately on minority farm workers and
low-income rural communities. Through agricultural pollution prevention, education, and
collaboration with community groups, the initiative can address a variety of public health and
environmental justice issues
Planning and Targeting
-Through grants and partnerships, will achieve measurable source reduction of priority toxins on
thousands of acres and will secure industry commitments for funding and research in pollution
prevention
-Examples include:
o the Biological Agriculture Systems in Cotton demonstration/education program in Madera County
in which eight farms are participating and may include the -expansion of P2 practices into Lamer
Naval Air Station's agricultural lands
o the Biologically Integrated Farming Systems demonstration program to extend biological farming
systems to multiple California commodities. Grant provided to UC Sustainable Agriculture
Research and Education Program
Place-Based Actions
-Coordinate and provide mutual support for Regional and HQ initiatives (e.g. XL leadership,
Pesticide Environmental Stewardship, Community Based Environmental Protection)
Policy
-Integrate Tribal lands/environmental justice into existing activities
-Meet with UFW and other key contacts to discuss general concerns and to explore
opportunities for farm worker education and risk reduction on project sites
-Explore opportunities for agricultural pollution prevention education and/or implementation on
tribal lands
Evaluation
-list of what program did, how did it work, success stories, lessons learned
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Draft
U.S. EPA Region 9
RCRA Program
Environmental Justice Strategy
April 1997
Many low-income communities of color are impacted by one or more hazardous waste
treatment, storage and disposal facilities (RCRA Subtitle C), as well as other types of
potentially polluting facilities and other potential sources of contamination such as facilities
with Air Program permits, municipal waste, water treatment plants, contaminated groundwater
used for drinking, leaking underground storage tanks, production facilities with Toxic Release
Inventory releases, freeways, etc. The RCRA Subtitle C program addresses permitting and
corrective action, inspection and enforcement. The Subtitle D program addresses municipal
waste disposal and waste minimization. Subtitle I addresses both the prevention of petroleum
releases from underground storage tanks (USTs) through inspection and enforcement and the
remediation of leaking underground storage tanks (LUSTs). Other RCRA staff members
address pollution prevention, and tracking and reporting for all RCRA programs.
The Environmental Justice Strategy for the RCRA program should address the following:
special language and health concerns of low income, communities of color; the cumulative
impacts on a community (exposure to a multitude of facilities); the potential need for targeted
inspections and enforcement; the opportunities for pollution prevention to mitigate risk; the
problems of local zoning practice that place residents adjacent to polluting facilities;
opportunities for economic development that will improve the environment and provide
employment in low income communities; and the possibility of racial discrimination in siting
and permitting.
1. Addressing Special Language Needs
Action 1.1 The RCRA EJ Liaison will review lists of facilities on which U.S. EPA programs
are working and obtain demographics of the communities surrounding these facilities. The
Liaison will inform project managers of demographics research. If special language needs are
encountered, the project manager will utilize the Community Relations staff expertise and
contractors to provide translators at meetings and translation of fact sheets. The project
manager can, as needed, request facilities to provide translation of major documents.
Action 1.2 The RCRA EJ Liaison will review a list of facilities on which state programs are
working and obtain demographics of the communities surrounding these facilities. The RCRA
EJ Liaison will ask the RCRA State Liaison to inform state project managers of demographic
research and, if the state is not already doing so, suggest the use of translators for community
relations, fact sheets and documents.
Measures of Success:
Fact sheets are printed in the community's language
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Translators are utilized at meetings
Documents are translated as appropriate
2. Addressing Specific Health Concerns
Action 2.1 If a community expresses concerns about exposures to hazardous substances adversely
affecting health, a RCRA project manager or RCRA EJ Liaison can utilize the data and expertise of the
various state health departments. Special studies or analyses can be requested to determine whether
conditions of ill health in a community are anomalous and might require special permit conditions,
inspections, enforcement, or corrective action at adjacent facilities.
Action 2.2 If lack of access to health care is an issue and if serious conditions or potential risks occur,
the RCRA EJ Liaison and/or project manager can inform communities that a facility in Richmond,
California has signed a good neighbor agreement which led to funding of a local clinic.
Measures of Success: State and county health departments prepared analyses of health trends for
communities. If health studies show problems (e.g. statistically high incidence of cancer or respiratory
problems) or are inconclusive but suspicious, enforcement and inspection staff are notified, special
standards are developed for clean-up, or special permit conditions are developed. Health clinics are
established or other arrangements made to facilitate access to health care.
3. Addressing Cumulative Impacts in Permitting and Corrective Action
Action 3.1 Working with the RCRA Community-based Environmental Protection (CBEP)
representative, the EJ Liaison will review RCRA C permitting and corrective action activities to
determine whether there are clusters of RCRA activities in EJ areas that would merit using a CBEP
approach. The review will be used to identify areas where EPA or the state should address community
issues hi a proactive manner during the administrative process for permitting, closure or corrective
action work. The RCRA EJ and/or CBEP liaison will inform managers of targeting results and
recommend areas for the CBEP approach. U.S. EPA may work to assist the state or assume the lead on
EJ issues if state policy does not address EJ problems.
Action 3.2 The RCRA EJ and CBEP liaisons will use state grant work plans to review state
work plans for permitting, closure or corrective action in FY97. The Liaisons manually cross-
reference these facilities with demographic data from the 1990 census to determine whether they
are in low-income communities of color.
Action 3.3 The RCRA EJ and CBEP liaisons will coordinate with inspection and enforcement staff to
target activities hi specific communities where many polluting facilities exist.
Action 3.4 The RCRA EJ Liaison will respond to calls from the public or referrals from
other programs related to EJ and the RCRA program. The Liaison takes the lead or refers
the complaint to staff in a relevant program. These calls can range from short questions to
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claims discrimination, or inadequate responses from state and local agencies in addressing
persistent pollution problems.
Action 3.5 The EJ Liaison provides training and/or assistance to corrective action and
permitting staff in developing their Public Participation Plan for clean up or permit activities
at particular facilities. The EJ Liaison keeps staff aware of any new requirements in public
participation and successful techniques hi encouraging participation. The EJ Liaison assures
that staff are aware of and use the new RCRA Public Participation Manual (September
1996).
Measures of Success:
Special permit conditions are developed to address cumulative impacts as appropriate.
The RCRA EJ Liaison works as a facilitator with other agencies to reduce exposures.
Communities experience decreased levels of exposure. Communities feel that their input in
the public participation process has influenced the outcome.
4. Addressing EJ Problems Related to Leaking Underground Storage Tanks
Action 4.1 The EJ Liaison will coordinate with UST/LUST staff to ensure that appropriate
language addressing USTs in low-income communities of color is included in state grant
work plans.
Action 4.2 The Underground Storage Tanks Program Office (USTPO) will perform
outreach activities on Indian Lands regarding EPA's leak detection and 1998 upgrade
requirements for USTs. A large percentage of the UST/LUST site on Indian Lands are
located in low income communities of color.
Action 4.3 USTPO will continue to perform UST inspections and direct corrective action on
Indian Lands.
Measures of Success:
All State grant work plans should include EJ principles.
UST owner/operators on Indian Lands will either upgrade or close their UST operations by
the 1998 deadline. UST sites on Indian Lands will be brought into compliance, and
remediation at LUST sites will be initiated/completed.
5. Addressing EJ Problems Related to Subtitle D Waste
Action 5.1 Recycling Market Development The EJ Liaison will communicate with Subtitle
D staff to obtain information about recycling and recycling industry opportunities for
economic development in low-income communities. This information will be shared with
the community leaders or city staff as appropriate.
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Action 5.2 The EJ liaison will research potential opportunities to influence siting decisions
in EJ communities that are opposing Subtitle D landfill actions.
Action 5.3 The EJ Liaison will work with Subtitle D staff, as well as state and local staff to
address EJ complaints related to Subtitle D landfills.
Action 5.4 The EJ Liaison will act as a link between the EJ grant program and the Recycling
grant program to assure that any rejected EJ grant applications that might be better suited
for recycling grants are submitted appropriately.
Action 5.6 Develop a strategy to address the issue of closed landfills with no .air and/or
groundwater monitoring systems.
Measures of Success:
There is a measurable decrease in the use of virgin materials.
Capital investment occurs in low-income communities of color.
Job training programs are developed in low-income communities of color.
Landfill waste streams are decreased.
People in low-income communities of color feel that their complaints are being addressed.
6. Addressing EJ Problems Through Training of Appropriate RCRA Staff, and
Outreach on Sustainability Policy, Pollution Prevention and Waste Minimization
Action 6.1 Encourage all RCRA staff to take EJ training. Design program specific training
as needed. Encourage all staff who do outreach to be knowledgeable about EJ and convey
information in their talks at or visits to trade shows. Encourage staff doing community
outreach to follow the checklist in the Model Plan for Public Participation prepared by the
National Environmental Justice Advisory Committee (NEJAC).
Measures of Success:
All appropriate staff take EJ training
Outreach efforts (talks and trade shows) include EJ information
Action 6.2 The RCRA EJ Liaison and/or CBEP Liaison participates in the workgroup, Tools
for Cities. The purpose of the workgroup is to provide information to cities that will
promote healthy ecosystems and livable communities. This is achieved through the
following: providing information toJocal planners and policy makers; advocating for a
range of alternative development patterns and conservation planning strategies; forming
partnerships to promote sustainable communities; and co-sponsoring conferences, projects,
meetings and publication of materials that promote healthy eco-systems and livable
communities.
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Measures of Success:
Cities, counties and municipalities include EJ language and sustainability language in then-
plans EPA co-sponsors conferences, projects, meetings that promote sustainable
communities
Action 6.3 Working with the Pollution-Prevention team, the EJ Liaison helps disseminate
information about pollution prevention technology and grants to relevant communities.
Measures of Success:
Communities apply for grants
Pollution prevention technology is utilized to reduce community exposure to hazardous
substances.
7. Addressing Potential Racial Discrimination Related to RCRA Implementation
Action 7.1 The EJ Liaison will do research or delegate research needs to assist OCR and
ORC review of Title VI cases.
Measures of Success:
Title VI claims are addressed in a timely manner
Action 7.2The RCRA EJ Liaison or designee will develop language for grant guidance and
MOAs to improve states' compliance with Title VI regulations as grant recipients. The EJ
Liaison or designee encourages regional grants staff to include the Title VI regulations as
part of the grant application kit.
Measure of Success:
States provide the information required by Title VI regulations.
State grant work plans include integration of EJ into program activities.
Grant application kits include Title VI regulation requirements
Action 7.3 The RCRA EJ Liaison will provide information to communities about Title VI as
a tool to improve their ability to seek restitution for their conditions.
Action 7.4 The RCRA EJ Liaison will work with the EJ Core Team to develop a training
curriculum for states and other federal grant recipients about EJ.
Measures of Success:
States and other agencies receive training on EJ.
Action 7.5 The EJ Liaison will encourage use of the Model Plan for Public Participation
developed by the National Environmental Justice Advisory Committee and the RCRA
Public Participation Manual.
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Measures of Success:
New public participation regulations and guidance are followed.
8. Targeting for Enforcement and Inspections
Action 8.1 Share Interim EJ Inspection Protocols from Region VHI with Region IX RCRA enforcement
chief.
Action 8.2 Work with Region IX enforcement chief to determine whether Region IX would like to adopt
the protocols or develop their own. The RCRA EJ Liaison will assist in development of Region IX
Protocols if needed.
Action 8.3 The RCRA EJ Liaison will work with the Region's GIS center to provide demographic
information to Region IX Enforcement Chief when the list of facilities requiring inspections is compiled
(expected date - Fall, 1997).
Action 8.4 The RCRA EJ Liaison will work with the Region IX enforcement chief as needed to provide
training to the states on developing an EJ protocols for inspection or adopting Region VJJJ's protocols.
Measures of Success
Region IX develops its own or adopts, with modifications, an existing EJ protocol for inspections.
Demographics and cumulative environmental impacts (based on TRI data or other sources) are used as
criteria for targeting inspections. States develop similar criteria for targeting EJ efforts.
Nancy Nadel
4-2041
WST-5
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2ND DRAFT (7/14/97) SUPERFUND ENVIRONMENTAL JUSTICE STRATEGY
Introduction:
Even before the term "Environmental Justice" (EJ) had been defined, the Region 9 Superfund program
had been engaged in developing meaningful dialogues and relationships with all communities where
Superfund National Priorities List (NPL) sites and non-NPL sites are located. A number of Region 9
sites have EJ issues. As with all cleanup investigations, the program has gained valuable information
from the affected communities and incorporated this knowledge when making cleanup decisions. The
program has also taken on the challenge of making sure that all of its programs develop better ways to
reach all communities and engage community groups that may be underrepresented in decision making.
In addition, we continue to support EJ activities at the Regional and Division levels through a variety of
efforts.
The purpose of this action plan is to explain some of the ways the Region 9 Superfund program
addresses EJ, and present some methods to improve how we do business. The program's main goal is to
make a conscious effort to embrace the President's Executive Order on Environmental Justice so that
this initiative will become an integral part of the program. This plan should be viewed as a living
document that will be enhanced as we learn more about how to integrate EJ principles into our daily
work. This plan includes a mission statement, definition/background, Region/Division efforts, strategies
and measures of success.
Background
President Clinton signed an Executive Order on February 11,1994 committing the federal government to
EJ principles. The order is designed to focus Federal attention on the environmental and human health
conditions in minority and low-income communities with the goal of achieving environmental justice.
The order also is intended to encourage Federal programs affecting human health and the environment to
provide minority and low-income communities access to public information on, and an opportunity for
public participation in, matters relating to human health and the environment. The Order directs Federal
agencies to incorporate environmental justice as part of their overall mission by identifying and
addressing disproportionately high risk to minority and low-income populations through programs,
policies, and activities.
Environmental Justice Definition
The definition of EJ is to achieve equal environmental protection so that no segment of the population,
regardless of race, ethnicity, culture or income, bears an undue burden of environmental pollution and to
ensure that the benefits of environmental protection are shared by everyone.
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Superfund EJ Mission Statement
The Region 9 Superfund program mission is to protect public health, safety and well-being
and the environment by reducing risks posed by releases of hazardous waste. The program
is designed to ensure that all people are equally protected and does not exclude anyone due
to race, color, nationality or income level. The program recognizes equal protection for the
public means equal rights and access to, and involvement and participation in, the
development of environmental programs. We recognize this process to be a continuous and
evolving practice and are committed to ensuring that this program and its policies, where
applicable, will embrace and implement Environmental Justice ethics to ensure that the
public is equitably protected.
Regional Goals
The Region 9 Superfund Division embraces the goals and objectives outlined in the
Regional EJ Strategy which are: assess the real and perceived impact of EPA's
environmental protection programs on the distribution of risks in Region 9; inventory
existing Region 9 programs that directly or indirectly address environmental justice issues;
target policies and programs where new opportunities and initiatives can be introduced to
address environmental justice issues; encourage, support and provide financial assistance
as available to state/local/tribal efforts that pilot new approaches to reducing risk to low-
income and minority communities; expand the opportunities for low-income and minority
groups to participate in the development and delivery of environmental programs; and
strive to improve risk assessment methodology to better characterize risk across
populations, communities and geographic areas.
REGIONAL AND DIVISION EFFORTS
In order to develop better ways to do business as it concerns environmental justice, the
Superfund program first needed to review what we are already doing towards this effort.
The program makes every effort to educate members of the community as to how important
their input is to cleanup decision, and inform them of the many programs available to help
them understand the process. In addition to these efforts, we have taken the lead hi
supporting EJ hi the Region.
EJ Team Support
We have been hi the forefront of the Regions, addressing a variety of site-specific EJ
issues. With this historical and practical knowledge, we participate on the Regional EJ
steering committee to incorporate Environmental Justice ethics within Region 9. As part of
the recent regional reorganization, we committed support to the new Cross-Media
Division's EJ Team by devoting 5 FTE to an EJ Liaison position. The Superfund EJ
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Liaison assists the EJ Team in incorporating EJ ethics at the Division level as well as in the
development of policies at the Regional level.
Located in the Community Involvement Office, the Superfund EJ Liaison will support the
implementation of the Division's EJ strategies and measure the results; assisting with
priority Superfund EJ site issues as assigned by the Director; acting as one-on-one advisor
to staff and management; developing an EJ clearinghouse of Superfund information
(methodology and material sources); developing EJ training and workshop opportunities
for the Division and community groups; and representing the Division at the regional and
national level in developing EJ policies and guidance on the EJ Team and the OSWER EJ
Steering Committee. In addition to the liaison support, an additional FTE was detailed to
the Cross-Media Division to manage the Watsonville Pilot EJ project.
Special EJ Grant Assistance
We also developed grant awards through specific programs. The Federal Facilities Branch
awarded a one-time grant to the Bayview Hunters Point (B VHP) community. The program
awarded $28,000 to one community group and $22,000 to another community group. Both
groups used the grant funds to conduct outreach efforts, collect environmental data and
educate the community concerning environmental justice as it relates to the Hunters Point
Naval Shipyard Superfund site. These small grants have sparked the involvement of this
AfroAmerican community hi the environmental decision process at the state, local and
Federal levels.
«
Staff Support of EJ Small Grant Program
Superfund staff have been supportive of the EJ Small Grants program since its conception
in FY94. Superfund staff participate in the three tier evaluation process and lend their
expertise to communities by becoming EJ project officers. The grant program tries to
assign program staff who can complement and assist grantees achieve their work plan
goals. Both the staff and grantees have benefitted from these relationships.
Community Involvement
The Superfund program considers community involvement an important element when
developing a cleanup decision for a site. The program actively engages the public from the
beginning of site discovery to construction completion of a remedial action. To assist the
community in becoming more aware of all aspects of the cleanup process, we explain how
the cleanup process will affect them and how they can participate hi the process. A
community involvement plan is developed for each remedial site. The formulation of the
plan begins with interviews between EPA and various members of the affected community.
The plan documents what is already known about the site contamination, community
history, what the community concerns are, demographic and geographic information (i.e.
language, ethnicity, income, etc.), and how the community would like to be engaged hi the
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process. Using this information, EPA plans effective ways to involve the public. Various
activities are developed specific to the community's needs and concerns.
Due to the time-critical nature of taking action at some contaminated sites and the
imminent threat they may pose to the public health and environment, removal cleanups can
be conducted quickly. The primary objective for community involvement at a removal
cleanup is to quickly inform the affected community about the nature of the contamination
and how EPA is conducting the cleanup. Depending on the length of time it may take to
complete a removal, EPA develops strategies to involve the community as the cleanup
progresses.
The program has promoted more public involvement efforts toward the following
environmental justice communities: Del Amo/Montrose, Operating Industries, Inc., Ralph
Gray Trucking, Co., Waste Disposal, Inc.,Tucson International Airport, United Heckathorn,
Sulphur Bank Mercury Mine, Verdese Carter Park, D.C. Metal, Bayview Hunters Point, and
Ft. Ord. We have addressed specific health, educational, language, cultural and employment
concerns while conducting remedial actions as well as assisting with communication
between the communities and other government agencies.
Technical Assistance Grants
We presently have a Technical Assistance Grant (TAG) program for Superfund sites. The
Technical Assistance Grant Program is administered and funded by EPA and provides
grants of up to $50,000 to citizens' groups to obtain assistance in interpreting information
related to cleanups at sites on or proposed to the National Priorities List (NPL). We
presently have 15 TAG recipients at various stages of the grant process and, of that number,
eight are in communities that have EJ concerns. This grant is offered to communities at all
sites listed or proposed to the National Priorities List.
Technical Outreach Services for Communities
The Technical Outreach Services for Communities (TOSC) is supported by the Western
Region Hazardous Substance Research Center (WRHSRC) which represents scientists and
engineers from Stanford and Oregon State Universities. The Center serves the States of
California, Oregon, Washington, Hawaii, Alaska, Idaho, Nevada and Arizona. The TOSC
program provides technical assistance to communities impacted by hazardous waste sites
regardless of NPL status. This program is an alternative to the TAG program for
communities that need technical support in understanding hazardous waste concerns. The
EPA provides some base funding for the center, which conducts its work with communities
independent of the Agency.
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Restoration Advisory Boards
Under the Federal Facilities program, each closing military base has a Restoration Advisory
Board (RAB) through which Superfund EPA representatives, community representatives,
state and local agency representatives and the military are actively involved with the closure
process at bases. To date we have 38 RABs. Many of the closing bases are located in or near
communities that have EJ concerns. EPA staff work closely with the military to ensure that
the community representatives' concerns are heard and addressed.
Management and Staff Team Involvement
The Superfund management team and staff have always been available to community
members in a variety of ways. For example, Superfund management and staff have
participated in community-lead neighborhood tours in South Phoenix, AZ, Richmond, CA
and Bayview Hunters Point, San Francisco, CA. These tours have been extremely helpful in
developing good dialogue with FJ community groups, responding to long over-looked
concerns and creating a vehicle to educate EJ community groups and engage them in the
cleanup process. These efforts have enabled the program to become more involved with
broader issues beyond our regulatory control. Better cross-media partnerships with
government agencies have been developed. Staff have participated on a variety of cross-
media teams to address multi-media issues in communities.
Community Based Environmental Protection
Finding opportunities to expand beyond our traditional, media-specific roles is one of the
Administrator's highest priorities. The Community Based Environmental Protection (CBEP)
program is taking a multi-disciplinary approach to involving and assisting communities
with environmental issues. Presently, both South Phoenix and Bayview Hunters Point have
focus groups to help prioritize issues and develop better relationships with state and local
agencies. Although Superfund is not the lead for CBEP, the Superfund Division is involved
in CBEP activities and is making a significant contribution towards those activities. Below
are some examples of those efforts.
Puna Geothermal Venture. HI
Puna Geothermal Venture (PGV) is a 35 megawatt geothermal power plant located on the
Island of Hawaii. The nearby community is concerned about the power plant's use of
culturally significant lands as well 3s, past problems with hydrogen sulfide releases from
well blowouts, toxic emissions from plant operations, possible impacts to the aquifer and
seismicity from injected fluids/gases. We are working closely with Hawaii Department of
Health (DOH) and have formed an agency multi-media (air, water, land) team to respond to
the issues raised by the community.
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EPA is also continuing work with Hawaii DOH to address community concerns regarding
PGV. In August 1996, members of an independent team sponsored by EPA conducted a
review of the emergency response plans for PGV and Hawaii County. The report of
findings and recommendations is scheduled to be released to the public in the fall 1997. In
May 1996, a visit was made to Hawaii to conduct interviews about the feasibility of
developing a community workgroup to address concerns about Geothermal. A report with
recommendations is scheduled to be released in summer 1997. After about 50 interviews, it
became apparent that if such a group were to be successful, EPA would need to make a
long-time and heavy financial commitment to be the co-sponsor of such a group. The
community workgroup would be an additional project in which EPA could become
involved.
-A multi-media inspection was conducted in February 1995 by EPA and the National
Enforcement Investigation Center (NEIC). Also, in FY95 EPA awarded an environmental
justice grant of $20,000 to a local community group, Puna Malama Pono, to fund a local
volunteer project to monitor air emissions from the geothermal plant with hand-held
hydrogen sulfide monitors. In 1996, EPA required, PGV to apply for an Underground
Injection Control (UIC) permit. There is a state UIC permit, but the state permitting process
did not allow for public review and comment, and does not include components such as a
contingency plan if the injection wells cannot be used. A public hearing for the federal UIC
permit is tentatively scheduled for September 1997.
McFarland. CA
Due to ongoing health problems in the town, several residents of McFarland, a small, mostly
Latino community, petitioned EPA in 1995 to conduct an environmental assessment. In
1984, a cluster of childhood cancers was identified in McFarland and confirmed by state and
local health agencies. Past investigations, (1984-1991), by CA Department of Health
Services, with EPA assistance, focused on determining a cause for the cancers but were
inconclusive.
In reviewing past data, EPA found that insufficient air sampling was conducted to
adequately assess the air quality, and drinking water was not analyzed for all the pesticides
used in the area. Therefore, EPA has granted the petition's request for an investigation of the
air, water and soil. Our investigation will focus on the current environmental conditions hi
McFarland. The investigation will not focus on determining the cause of the cancers, since
we can not reconstruct conditions in the past; however, EPA will coordinate activities and
share the results of our investigation with health agencies.
Concurrently, Phase One of the McFarland project plan has been completed. Members of
the McFarland team have been interviewing residents and civic leaders in McFarland for the
last five months to identify community concerns and collect information for the Community
Involvement Plan and sampling plans to ensure that our current investigation is as
comprehensive as possible. Home visits have been very helpful in establishing a connection
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with community groups, residents and schools. Phase Two, the investigation of
environmental conditions, is now underway. The drinking water is the first medium we will
investigate. Drinking water wells will be sampled for over three hundred chemicals.
Pesticide Use Reports were reviewed to determine the type and quantities of pesticides used
in the McFarland area to guide our sampling and analysis of the water. Drinking water wells
will be sampled hi May 1997. The wells, homes and school drinking water taps will be
sampled in September 1997. Fact sheets in English and Spanish have been distributed to
community members to describe EPA's proposed drinking water sampling program. Open
houses and community meetings have been conducted to present the sampling plans and
answer questions raised by community members.
EPA is currently developing the sampling plans for air monitoring and soil investigations.
The air monitoring designs are being developed with input from EPA's Office of Research
and Development and the California Air Resources Board. Air monitoring will occur next
year during the Spring and Fall when pesticide use is at its highest. Soil sampling is
currently planned for the summer of 1998.
Quality Printed Circuits. AZ
Quality Printed Circuits (QPC) was a circuit board manufacturing company in Phoenix,
Arizona, The factory was gutted by a 12-hour chemical fire in August 1992, during which
the community that surrounds this company was not evacuated. The community has been
very concerned over health problems they feel are related to the release. Two community
groups, Don't Waste Arizona and Concerned Residents of South Phoenix, have been
instrumental in keeping this issue before all government agencies to solicit their help, hi
response, EPA conducted various community meetings to gather information as well as
obtained information from state agencies that investigated the incident. EPA will conduct
additional sampling of homes in and around the affected area to determine if lingering
contaminants can be found. The first testing will include: samples of dust, wipes of home
cooling systems and soil samples of the surrounding areas. EPA will then return and
conduct indoor ah- sampling. Technical Outreach Services for Communities (TOSC) has
entered an agreement with Don't Waste Arizona to provide technical assistance in assessing
to the effects of the QPC fire in South Phoenix.
Brownfields
The Brownfields initiative was developed to assist communities and local governments hi
their efforts to restore contaminated properties and hi the process bring life and strength to a
community. Making a once toxic area economically viable again means more jobs, an
enhanced tax base and a sense of optimism about the future. This initiative will make it
easier for such sites to be redeveloped and become vital, functioning parts of their
communities. Presently, the Superfund program has a Brownfields Team made up of five
FTE.
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The Brownfields Team is working closely with cities and tribes selected as recipients of the
Brownfields pilot grant awards. The recipients currently include Sacramento, Stockton,
Emeryville, Richmond, San Francisco, Oakland and Navajo Nation. The team is also
working closely with Los Angeles and East Palo Alto in providing each city with an EPA
staff member to assist in their Brownfields efforts. We will continue to select other pilot
cities to help them develop acceptable workplans, assist in their site assessment work and
participate in their local community involvement efforts. EPA is also planning to work
closely with cities that do not receive assistance awards to determine what other services
EPA may be able to provide, such as site characterization services to East Palo Alto,
Oakland and Los Angeles. The Brownfields team has identified other federal agency
resources that may be available to the Watsonville area (a Rural Enterprise Community) as
part of our participation in the Watsonville EJ Pilot Project.
EPA is working with states to encourage the development of State Voluntary Cleanup
Programs so that owners or developers of contaminated property can clean up the sites
themselves with state oversight. We are working with Arizona, California, Hawaii and
Nevada to provide assurances to those participating in voluntary cleanup programs that
when they have completed work under their state's program, EPA will not take additional
action at the site unless exceptional circumstances exist. We are working to finalize the
Volunteer Cleanup Program agreements with each state.
We continue to work with local communities to reduce liability fears associated with
acquiring or cleaning up contaminated property. We encourage redevelopment efforts
through the use of prospective purchaser agreements, comfort letters and outreach
activities to inform lenders, developers and the real estate community of recently issued
guidances that clarify liability and cleanup issues.
We continue to involve other Federal agencies in this program, especially in connection
with their sources of grants, loans and technical expertise that can complement the
program efforts.
We plan to hold Brownfields conferences in several cities to provide information and
outreach to the public, state and local agencies and the business community regarding
Brownfields. We will continue to provide speakers at various conferences to promote
knowledge about the Brownfields program. We will also update our written materials
(Region 9 Action Agenda) to distribute at conferences and provide to interested parties.
Depending on future HQ funding, we may also be involved in working with states to
establish Brownfields revolving loan funds and associated administration.
Community involvement is an important aspect of the Brownfields program. EPA meets
regularly with community-based organizations and private foundations to further their
interest in Brownfields and find areas of mutual support. We will provide a six-month
detail to the nonprofit California Center for Land Recycling as they initiate their own
Brownfields involvement.
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INTEGRATION INTO THE PROGRAM
EJ SURVEY
The Superfund EJ liaison conducted an EJ needs assessment survey and 38 percent of the
Superfund staff responded. The survey questions ranged from finding out what the staff
know about EJ in general to soliciting specific discussion on EJ issues at sites. Generally,
staff are familiar with EJ and the national effort, but would like to know more about the
subject as it pertains to their daily work. In general, most participants answered that they
would like to attend the Region 9 EJ Training, but work and travel commitments have not
allowed many to attend the course. Some questions were directed to staff who have EJ-
impacted sites. They were asked what tools or resources would have been helpful to them
if they had received them prior to working on the site. They indicated they would have
liked to have had more demographic information, more historical community information
as well as to have known about illnesses potentially related to exposures at a site.
As a result of the EJ assessment and individual meetings with management, the following
strategies were recommended. The Superfund EJ Liaison will follow the progress of each
of these strategies and report to management.
REGIONAL STRATEGIES
Strategy: Management and staff would like clarification regarding the roles and
responsibilities of the EJ Team, CBEP, State Liaisons and Small Town Liaisons as they
relate to multi-media team work and how each team interrelates.
Measure of Success: Division Directors will discuss the matter in general and as it pertains
to site-specific issues. Each respective program will better address issues of concern and
relay this information to concerned staff.
Strategy: EJ Liaison will meet with the environmental education outreach program about
developing an environmental mentor program for high-risk school age children. The
purpose of the mentor program would be to develop relationships with high-risk children
early through tutoring (science and math) and assist them hi defining their future careers.
There are Superfund staff willing to assist in the effort.
Measure of Success: The environmental education outreach program (EEOP) will take the
project into consideration. The EJ Team and its liaison could assist EEOP in developing this
program throughout the Region.
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DIVISION STRATEGIES
Strategy: Superfund management recognizes the importance of all staff attending the
Region 9 EJ training and readily encourages their attendance. They will also encourage staff
who are familiar with EJ issues to attend the course so others may benefit from their
institutional knowledge. The EJ liaison will work closely with management to assist in
increasing the number of staff trained.
Measure of Success: The EJ liaison will assess how many staff have taken the training to
date and gauge if the numbers increase after another course is offered.
Strategy: As part of the Division's public outreach effort, Superfund staff will introduce EJ
information as part of their general presentation material. The EJ liaison will assist staff with
developing presentation material.
Measure of Success: Remedial project managers and community involvement coordinators
will introduce EJ principles as part of their overall public outreach activities (i.e. community
meetings, advisory boards, meetings with state and local counterparts, public meetings, fact
sheets, etc.). The EJ liaison receives more calls and referrals from staff, the general public
and other government agencies inquiring about environmental justice.
Strategy:. Begin building partnerships with state agencies to assist them in incorporating EJ
principles into their programs. Target specific states and develop EJ language to be included
in Memoranda of Understanding for core grants.
Measure of Success: EJ principles and ethics are incorporated into the targeted State
Memoranda of Understanding.
Strategy: Superfund program to address off-site disposal issue.
Measure of Success: Superfund, in conjunction with the RCRA community involvement
coordinator, will issue public notices to communities located near facilities that receive
approval to take Superfund hazardous waste. The Community Involvement Office (CIO)
will be the first point of contact for the public.
Strategy: A memo was sent by Cross-Media to OSWER asking for national attention as to
how the EJ process should be factored into the decision of Superfund off-site disposal.
Measure of Success: As a result, the OSWER EJ Steering Committee is presently forming
a workgroup to work on this issue. The Superfund EJ liaison will work on the national
group and will include program staff as needed. Workgroup is formed and a national
guidance is written.
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PROGRAM-SPECIFIC STRATEGIES
Superfund Contracts Office
Strategy: The EJ liaison will work with HQs and regional staff to develop EJ language for
the general placement contract models. As applicable, the Superfund Contracts Office will
assist remedial project managers in incorporating EJ language for site-specific work when
negotiating workplans.
Measure of Success: Superfund contracts has general EJ contract language.
Community Involvement Office
Strategy: CIO will encourage all regional staff to take the community involvement training
course, especially staff who are new to working with community groups. Those staff would
also be advised to shadow a CIC or EJ specialist. The CIO staff will be .available to all staff
in an advisory capacity as needed.
Measure of Success: An increase of Regional staff attendance at CI course.
Strategy: The Headquarters Office of Community Involvement and Outreach Center
(OCIOC) is developing a program with the California Department of Health Service to
assist the Regions with language translation of fact sheets.
Measure of Success: The Community Involvement Office will take the lead on
following the progress of this program and how it will be used in the Region.
Strategy: All community involvement plans will-routinely have a GIS demographic
and geographic characteristic studies map developed for the population surrounding a
site.
Measure of Success: Use GIS mapping information as an EJ indicating tool for a site.
The information will be included in the community involvement plan
Federal Facilities Program
Strategy: Through a partnership effort, the program will explore ways to assist the
base closure program in strengthening its community involvement efforts and
especially where there are EJ concerns.
Measures of Success: The EJ liaison will work with staff to build partnerships with
the military to better incorporate EJ principles into the militaries community
involvement program.
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Strategy: Innovative Technology team members are participating on a national risk
assessment workgroup to develop guidance on how to include the community in the
risk assessment process and land-use decisions. The EJ liaison and community
involvement office will comment on the draft guidance to ensure it is sensitive to EJ
concerns.
Measure of Success: Guidance is developed and used as a tool to allow the
community more inclusion in the risk assessment process and input on land-use
issues.
Strategy: There is a need to have a facilitator in organizing stakeholders to address
land use issues at the onset of the RD/RA stage of the Superfund process.
Measures of Success: Possible assistant from the CBEP team on land-use issues at
sites.
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04/14/97 DRAFT
EPA REGION IX
AIR DIVISION
ENVIRONMENTAL JUSTICE STRATEGY
I. MISSION STATEMENT:
All communities regardless of race, gender, age, and income levels are provided
equal environmental protection and the opportunity to improve their quality of life.
EPA Region DCs Air Division will investigate and demonstrate innovative and
effective methodologies designed to ensure the mission is carried out.
n.GOAL:
The goal is to maximize environmental equity through the practical and attainable
prevention, control and removal of criteria
Pollutants/Contaminates from designated affected communities in Region IX.
m. DEFINITION:
Environmental Justice (also referred to as Environmental Equity) is defined as the
implementation and enforcement of environmental laws and regulations, and
application of special programs and initiatives in a manner which ensures equal
protection of all communities, ethnic groups, minority groups, age groups, gender
groups and income levels.
IV. BACKGROUND:
Executive Order #12898 is designed to focus Federal attention on the environmental
and human health conditions in minority communities and low-income communities
with the goal of achieving Environmental Justice. The Order was signed by
President Clinton on February 11,1994. Title VI of the Civil Rights Act of 1964 (42
U.S.C., Section 2000d, 40 C.F.R. Part 7 also applies and requires planning agencies
to identify exposed geographical areas of adverse pollution and resolvement of
environmental problems.
V. STRATEGY TO MEET MISSION STATEMENT:
1. Training
^developing and implementing EJ Action Plans for Air Division
-working with other Divisions in Regional Office
-interacting with related agencies and communities
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2. Evaluation/Problem Identification
-identify pollutants impacting the community
-target activities where air quality is the primary problem
-review the emissions inventory impacting community
-evaluate Division progress to meet goals of strategy periodically
3. Site Specific Actions (Permitting/Enforcement/Rules/Planning)
-development and implementation of EJ Action Plans for Air Division
-interacting with related agencies and communities
-communicate with relevant communities
-establish common levels of communication
-develop community specific pollutants data base
-make environmental improvements where possible
-initiate Pollution Prevention projects
-develop public outreach programs
-work with other Division in Regional Office
4. Integration and Collaboration
-internal: integrate EJ objectives into programmatic efforts
-external: collaborate with outside agencies regarding EJ objectives
-work with other Divisions in Regional Office: interface EJ efforts
regarding Cross-Medial impacts
NECESSARY TOOLS:
-training/education
a. internal-Environmental Justice Team and Division staff
b. external-targeted communities
-program and grant development
-database for GIS information
-regulatory requirements
-funding
-technical expertise
-"broker" with other's who have resources
-applicable Federal and State legal actions
A. AIR DIVISION:
TASK: To create an internal cultural change and understanding of EJ within the Air
Division, it is imperative that the Air Division staff and managers know first what
Environmental Justice is, and second how it can be effectively promoted in the day-
to-day operation of their respective programs.
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ACTION PLAN:
-Provide a copy of the Division's Environmental Justice strategy to all Division
employees with a cover memo from the Division Director.
-Brief all Air Division supervisors and staff on Environmental Justice.
-Provide Environmental Justice briefing materials to new employees.
-Facilitate communication between Air Division staff/managers and impacted
communities.
B. GRANTS AND PROGRAM INTEGRATION OFFICE:
TASK: To establish a mechanism for using the Air Division's Section 105 grant fund
to promote Environmental Justice at the state/district level and the development of
state/district Environmental Justice programs. To ensure consistency/compliance
with requirements of Title VI.
ACTION PLAN:
-Cultivate "partnerships" with states/districts to incorporate Environmental Justice
Strategies and get "Buy-In"/Training.
-Work with states/districts to allocate grant funds for the development of
state/district Environmental Justice plans.
C. PERMITS OFFICE:
TASK: To make EJ an integral factor in evaluating a proposed project, and
to encourage the permitting authorities to also include EJ issues hi their permit
evaluation process.
This Office's task includes both direct involvement with potentially impacted communities
when EPA is the permitting authority, and working with permitting authorities to ensure
that EJ concerns of impacted communities are addressed.
ACTION PLAN:
-For those permits for which EPA is the permitting authority, the Permit
Office will encourage the applicant of a proposed project to develop and
implement a public participation program hi the community. The Permits
Office will refer the applicants to the Air Division EJ coordinators and
Region 9 EJ Office for guidance documents on EJ and community
involvement, relevant GIS information, and contact list if feasible. The
Permits Office will consult with the Division and Regional EJ coordinators
to assess whether proposed major permitting actions such as proposed new
projects or major modifications have EJ concerns. This initial assessment
for EJ and community concerns will establish the extent of each site-specific
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public participation program. In cases when a proposed project may raise EJ
issues, the Permits staff will attend community meetings as needed (and as
the travel budget allows), and will inform all stake holders (including local
agencies, and surrounding communities that may potentially be impacted by
the project) about the permit activities. The Permits Office, in coordination
with other Region 9 programs will address community concerns.
-For those permits where EPA is not the permitting authority, the Permit
Office will encourage the appropriate state/local district to involve the
affected communities in the permitting program, and/or improve its public participation
program, and consider the environmental justice as an important factor in permitting
process. In coordination with other Air Division Offices, the Permit Office will send a copy
of the Executive Order on EJ to the Region 9 ah- permitting authorities, as a reminder of
EPA's role and responsibilities in implementing this order.
-For permit actions in communities for which the region is aware of EJ concerns, the
Permits Office will inform the appropriate district of the issues. If needed, the Permits
Office will work with the Region 9 EJ Office to facilitate communication between the
permitting authority and the impacted communities.
-The Permits Office will refer community groups to the Region 9 EJ Office for information
on environmental/health study grant money available through the EPA EJ Grant Program.
-The Permits Office will guidance and assistance to the Region 9 EJ coordinators hi
developing information on the permitting activities in their communities of concern.
-During rule review and approval, when siting issues are relevant to a particular permit
rule's development, the Permits Office will encourage the districts to include EJ elements in
the rale making process. The Permits Office will coordinate with other Air Division Offices
to find the best approach for this type of action.
D. TECHNICAL SUPPORT OFFICE:
TASK: To provide Air Quality and Emissions Information/Data for targeted Environmental
Justice efforts in the Air Division.
E. RULEMAKING OFFICE:
TASK: Review, identify and advise staff regarding rule(s) that may have positive or
negative Environmental Justice impacts on communities or their populations including
briefs on risk assessment or potential Environmental Justice conflicts that may arise from
any rule implementation.
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ACTION PLAN:
-Distribute from time to time summaries on proposed rules that may have Environmental
Justice implications.
-Provide advice and consultation to staff on Environmental Justice issues
which may require nilemaking actions.
F. RADIATION AND INDOOR AIR OFFICE:
TASK: Review, identify and advise divisional staff on air radiation issues that may have
positive.or negative Environmental Justice implications on communities or their
populations.
ACTION PLAN:
-Provide outreach programs to communities that promote mitigation of air
radiation hazards and potential Environmental Justice impacts.
-Provide air radiation and related Environmental Justice training to Divisional staff.
-Provide and distribute information to Divisional staff on current air radiation
Environmental issues.
G. PLANNING OFFICE:
TASK: To maximize environmental equity through the practical and attainable prevention,
control and removal of criteria pollutants/contaminates from designated affected
communities and areas hi Region DC. .
ACTION PLAN:
-Integrate environmental justice considerations with all programmatic efforts wherever
possible.
-Identify and target activities, communities and regional areas where air quality is the
primary problem.
-Review emissions inventory impacting community and cite specific actions to be taken.
-Continual internal and external collaboration with other Region DC operating units and
outside agencies regarding Environmental Justice issues.
-Participate hi Environmental Justice training whenever possible.
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H. ENFORCEMENT AND COMPLIANCE OFFICE:
TASK: Using effective enforcement tools, the Enforcement Office's mission is to provide
the same level of air quality to all communities.
ACTION PLAN
-All office members will attend EJ training and be sensitive to potential EJ
concerns.
-Designate one office member as the liaison to the Regional EJ Workgroup. Will
proactively look for opportunities where inspection or enforcement actions can be used as
an effective tool to reduce any discrepancy or enhance equality hi environmental
protection.
-Respond to complaints or inquiries with high sensitivity to potential EJ issues. Take
aggressive action in resolving EJ concerns.
-Identify areas that have potential EJ concerns and take into consideration for EJ concerns
when targeting inspections or enforcement.
-Coordinate with other program office in the Region and with the state and local agencies
to identify potential EJ concerns whenever appropriate.
e
I. EXPECTED RESULTS OF STRATEGY: "Fair and Equal treatment of all races,
cultures, income levels and educational backgrounds in respect to the development
and enforcement of environmental laws, regulations and policies".
J. TTMEFRAME:
Phase 1 - Pre-Implementation (60 days after approval of StrategicPlan):
-Develop implementation and training plans including action tracking
and quantitative process
-Air Division review, and "Buy-In"
-Expanded division-wide EJ training by Region EJ work group
Phase n - Pilot Implementation (30 days following division "Buy-In" and completion
of training cycle):
-Determine criteria and select most appropriate operating unit(s) for "action start-up"
-Track unit progress for 180 days trial period
-Ah- Division staff evaluation
Phase ffl - Full Implementation (45 days following review and approval of Pilot run):
-Establish channel of communication and coordination with regional EJ team
-Continue individual unit training as required
-Expand tracking and action measurement process for division-wide inclusion
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Environmental Justice Strategy for the
Office of Strategic Planning
and Emerging Issues
Introduction
Office Strategic Planning and Emerging Issues
The Office of Strategic Planning and Emerging Issues (OSPEI) was recently formed as part
of the reorganization in EPA Region 9. OSPEI's mission is to identify and support new
directions for accomplishing the Agency's goals of protecting human health and the
environment by promoting the following themes: strategic planning, enforcement and
compliance assurance, and innovation. While OSPEI is not responsible for directly
implementing any environmental statutes, there are opportunities for OSPEI to both
contribute expertise and support to other organizational elements in the Region, and to
focus on environmental justice-related components of OSPEI-led initiatives and projects.
Environmental Justice
Environmental justice is variously defined by different organizations and groups. EPA's
Office of Environmental Justice provides the following definition:
The fair treatment of people of all races, incomes, and cultures with respect to the
development, implementation, and enforcement of environmental laws, regulations, and
policies. Fair treatment implies that no person or group of people should shoulder a
disproportionate share of negative environmental impacts resulting from the execution of
this country's domestic and foreign policy programs.
OSPEI's Environmental Justice Goal
Consistent with Regional and Agency policies on environmental justice, OSPEI strives to
promote new, strategic approaches to environmental management which do not pose undue
burdens on any segment of the population, and to support Regional efforts to ensure equal
protection of all communities without regard to socioeconomic status or racial and ethnic
heritage.
Environmental Justice Objectives and Activities
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Enforcement and Compliance Assurance
The Agency's Environmental Justice Strategy states that EPA will include a focus on
environmental justice (EJ) issues in its enforcement initiatives and through compliance
analysis and data analysis relating to low-income and minority populations. OSPEI
supports the Agency's objectives of incorporating EJ concerns into its programs for
ensuring compliance with Federal environmental requirements, ensuring EPA's
enforcement and compliance assurance activities include a focus on minority and low-
income communities which may be facing disproportionately high and adverse human
health and environmental effects, and using, as appropriate, the full range of tools available
to correct noncompliance in such communities.
Activities
- Ensure that the MOA between Office of Enforcement and Compliance Assurance
(OECA) and the Regional Office reflects environmental justice activities, and include
environmental justice as a specific component of regional enforcement program evaluation.
- Work with regional enforcement personnel to encourage the use of environmental justice
criteria hi their enforcement strategies, especially in program areas with particular EJ
concerns.
- Track regional enforcement/compliance assurance accomplishments throughout the fiscal
year to ensure that EJ objectives from the MOA are being met; gather information on EJ-
related enforcement actions/cases for annual report to Headquarters; ensure adequate EJ
focus to meet or exceed OECA guidance.
- Provide information to regional programs on compliance status of facilities in EJ
communities.
- Focus multi-media enforcement efforts on identified EJ communities of interest to Region
9 (for example, West Oakland, Watsonville).
Emerging Issues/Innovative Approaches
A major function of OSPEI is to guide the Region's implementation of the Agency's
regulatory reinvention agenda: identifying key emerging issues; piloting new projects
which advance innovative ideas; supporting modern environmental technologies; and
fostering new methods for environmental protection. Many of the things we do under
"reinvention," whether it's Project XL, the Environmental Leadership Program (ELP), the
Common Sense Initiative (CSI), or the Environmental Technology Initiative (ETI),
emphasize multi-stakeholder processes. These processes require a sensitivity to EJ issues to
ensure that we are dealing with a variety of community values in addition to what we
would call traditional environmental quality concerns. As stated in the Agency's EJ
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Strategy, a comprehensive approach to identifying and addressing environmental justice
concerns requires the early involvement of affected communities and other stakeholders.
Consistent with this philosophy, OSPEI attempts to integrate the Agency's EJ agenda into
all of the reinvention projects so that all of the pilots/experiments/innovative approaches
have a consistent theme of community participation where the full community is
represented.
Activities
- Enhance community partnerships and encourage multi-stakeholder involvement in all of
the Region's XL, CSI, and ELP projects (e.g., funding to local community groups,
addressing local language needs, etc.).
- Develop outreach information on Regional and national reinvention efforts and make the
information readily available to the public, including minority communities and low--
income communities; for example, the Agency's reinvention project to expand the use of
risk assessment tools in communities to inform local decision-making.
- Continue to direct a focus on community and worker involvement within the Alternative
Strategies Workgroup of the Common Sense Initiative.
- As part of the Regional Sustainable Development Strategy, assist in identifying and
assessing candidate areas for sustainable development emphasis.
Special Projects
Another critical function of OSPEI is to develop and provide analysis and evaluation tools
and services for the Region. Some of the analyses are EJ-related or could otherwise support
the Region's EJ agenda.
Activities
- Coordinate the EJ Assessment Project; assisting in collection of appropriate data,
developing targeting strategies, and identifying areas for EJ focus in the Region.
- Participate as Regional contact for national EJ targeting efforts; assist in development of
OEJ technical and policy issue paper.
- Provide consultation on and for conduct analytic studies for Regional/Divisional
management (e.g., CMD's definition/development of an appropriate "EJ analysis" under the
Executive Order).
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Education/Internal Training/Participation
In order to effectively instill the tenets of environmental justice into OSPEI's activities, it
is important to improve the awareness and sensitivity of its staff and management to the
EJ issues and activities of the Region.
Activities
- OSPEI has requested a member of the CMD core EJ staff to attend an OSPEI weekly
meeting to facilitate a discussion of key EJ issues and Region 9 activities; we will assist
CMD staff in tailoring the discussion to the OSPEI audience.
- OSPEI EJ liaison will encourage participation by OSPEI staff/management in EJ
brownbags, grant reviews, and other regional activities.
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USEPA
WATER DIVISION
ENVIRONMENTAL JUSTICE STRATEGY
A. Executive Order History:
On February 11,1994, President Clinton signed Executive Order 12898. The order
focuses federal attention on the environmental and human health conditions in minority
and low-income communities. This Executive Order directed Federal agencies to each
develop a draft Environmental Justice Strategy. The draft strategy was designed to
identify and address disproportionately high exposure and adverse human health effects of
their programs, policies, and activities on minority and low-income populations.
B. What is Environmental Justice/EJ?
Environmental Justice or Environmental Equity is the implementation and enforcement of
environmental laws and regulations, and application of special programs and initiatives in
a manner which ensures equal protection of ALL communities, ethnic groups, minority
groups, gender groups, age groups and income levels.
C. Water Division Goal:
Water Division's goal is to build strong commitment with Tribes, and rural communities.
To work with States to implement water protection programs, which ensure equal
protection to all.
D. Environmental Justice Goal:
Region IX's Water Division will provide and support equal environmental protection, to
all communities regardless of location, economic status, or racial or ethnic background.
E. Water Division Objectives:
o Participate in cross media efforts that concern environmental justice
activities.
o Assess Water Division programs to build strong commitment with
communities and implement programs to ensure equal protection.
o Communicate to other Regions, States, and Federal agencies of EPA's
environmental justice policy and concerns.
o Assist Division in integrating environmental justice in their water programs.
o Implement Environmental Justice Training for staff and managers within the Division, to
make staff aware of EJ and how to incorporate in their projects.
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F. Current Water Activities:
The Monitoring and Assessment Office (WTR-2), has been actively involved in the
Richmond CYCLE Program; providing monthly on-going training, technical assistance and
demonstrating stream monitoring techniques to community youth in the Richmond Area.
Monitoring technical assistance is provided to certain tribes (Big Valley and Clear Lake
Monitoring Task Force) and Hawaiian communities (Ahu Puaa fiction Alliance and Friends
of the Red Road). The Ahu Puaa Action Alliance is also actively participating in the Ala
Wai Watershed.
The Southern California Office (WTR-4), has been assisting border cities, El Centre, CA
and Nogales, AZ. These Cities are impacted frequently by sewage flows from Mexico.
Technical assistance is provided to Tribes along the Border zone. Staff is working with HQ
to develop a loan grant program for small disadvantaged communities along the border.
The Clean Water Act Standards and Permits Office (WTR-5), assists tribes by developing
NPDES permits and provides technical assistance. Permits are issued to protect tribal
waters, watersheds, and small water ways. The Navajo NPDES Program is expected to be
delegated next FY. The Tribal Water Quality Coordinator reviews and comments on tribal
water quality standards. Hopi, Hoopa, and Navajo Nation are tribes who have submitted
standards.
Watsonville Project/McFarland Petition: One staff person is working on outreach with the
Watsonville Project. Barry Pollock is currently the project officer for an Environmental
Justice Grant to Project Concern International, relating to drinking water for migrant
workers in the San Diego area. He is also writing the response to the McFarland Petition
relating to the drinking water aspect.
Adopt-A-School-Program: Harriet Hill developed an Adopt-A-School Program, which is
centered in the Richmond/San Pablo area, and is directed toward working with children
from disadvantaged schools.
PUNA:
Puna Malama Pono received an Environmental Justice grant to monitor
hydrogen sulfide. Staff provides information to the community either
voluntarily or through FOIA, and continues to have weekly conference calls
with the community.
Navajo Nation Underground Injection Control Issues: Staff responds to permitting,
compliance and enforcement issues on the Navajo Nation, and is involved in the HRI
permitting and EIS review for the Crownpouit/Churchrock solution mining projects.
Small Community Outreach and Education (SCORE): SCORE is EPA's wastewater
information and technical assistance program to help small communities build and maintain
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small wastewater facilities that meet clean water standards. SCORE'S primary audience is
composed of local officials, wastewater managers, their consultants, and citizens in small
communities (fewer than 10,000 people) with wastewater problems. Workshops, help
directories, and other publications, videos, exhibits, toll-free telephones, information
networks, outreach demonstration projects, and technical assistance are some of SCORE'S
products.
EPA's Office of Wastewater Management co-sponsored the Youth and the
Environment Program. This yearly program is designed to introduce low-income
and minority high school students to career opportunities in the environmental
field. Programs were structured to allow students to work at water and wastewater
plants or other environmental sites during the summer. For example, in FY96 we
awarded a grant to the Pima Community College Arizona State Environmental
Technology Training (ASETT) Center. A six week project was conducted in
conjunction with the ASETT Center to introduce 14 Arizona high school students
to career opportunities hi the environmental industry. All of the students
completed the project successfully and it was a rewarding educational experience.
Pesticide Support for the EJ Program
Pesticide Support to McFarland Team
A representative from the Pesticide Program participates on the McFarland Team, and has
assisted in developing an outreach letter soliciting support from EPA HQ Offices. As the
Team gears up for the first stage of sampling (focusing on well-water drinking water
testing), pesticide issues have taken a back seat to water-sampling planning (sampling now
underway); pesticides has provided general support in this effort and technical assistance on
specific pesticide questions. A pesticide representative attended an initial public meeting in
McFarland in late 1996, and pesticides will be represented at the public meeting in
McFarland in August as the Team explains the well-water sampling process to the
community. In the planned September public meeting a pesticide representative will
address the community's questions about pesticides discovered in the well-water samples.
The Team will begin developing the air-sampling protocol in the next few weeks (to begin
air sampling in the spring, after tap-water sampling over the whiter); pesticide issues will
play a more central role given the possibility that air sampling may identify current
pesticide use violations. The Pesticide Program will be coordinating with EPA HQ to
respond to findings from water, air, and, later next year, soil sampling.
Technical Assistance on Kettleman City
In response to a request from the RCRA EJ coordinator to provide a presentation on pesticide
drift in the community of Kettleman City, the Pesticide Program had a series of conversations
with the coordinator, identified possible presenters for a public meeting, and verified the
informational needs of the community by speaking to a community representative. The
representative re-characterized the interests in the community as a more broadly focused
composite of interests including: health risks from occupational exposure to pesticides and
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the scope and processes of the State regulatory program. Rather than provide a presentation
on pesticide drift (hitting only a portion of the interests defined by the community rep.) the
Pesticides Program, in partnership with the State Department of Pesticide Regulation, has
elicited the involvement of the Kings County Agricultural Commissioner, and through him, of
the Kings County Health Officer. The Pesticides Program hopes that by initiating the dialogue
with the County officials, both information about access to County officials and evidence of
their authority, presence, and responsiveness will be made more visible to the community in
question.
Pesticide Program's involvement in Watsonville EJ
As you know the Pesticide program participates in the Regional workgroup focusing on the
Watsonville EJ pilot project. Our participation focuses primarily on the issues raised by the
community regarding worker protection and safety from the use of pesticides. While we do
not have any separate projects focused specifically on this community, we are attending
internal and external meetings (set up by Norman Calero) regarding this pilot project.
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Office of Communication and Government Relations Environmental Justice Strategy
The Office of Communication and Government Relations (CGR) is primarily a support
organization which provides support for Regional Program offices in their efforts to
implement environmental programs. Our main functions include Liaison (International,
Congressional, State Legislatures, Local Governments and Small Towns), Public
Information Center, Website Coordination, FOIA Coordination, Press/Media Relations and
Environmental Education, the Border Office and the Pacific Island Office. In our support
role, CGR will assist the EJ Team by providing support in our functional areas. In addition,
CGR will conduct a number of activities to ensure that EJ is incorporated into our approach
to communications and government relations to ensure that EJ populations that have not
routinely been included in EPA communications are routinely included. The
Environmental Education Program will continue to encourage EJ communities to
participate in the Environmental Education Grant program.
Activities
EJ Training: CGR will host a 1 hour EJ training for staff end management during a
regularly scheduled staff meeting and encourage staff to attend the full EJ course.
State Liaisons: CRG will track state legislation on Environmental Justice and on issues
which may impact EJ communities as well as encouraging state governments to consider
environmental justice issues in legislation and program implementation.
Communication Strategies: In developing communications strategies with program offices,
CGR will include impacted EJ communities and key EJ associations.
Environmental Education: EE Coordinator has historically included Environmental Justice
communities in the Environmental Education Program by coordinating classroom visits
and encouraging EJ organizations to apply for the Environmental Education Grants.
Public Information Center: EJ Liaison will work with PIC staff to examine support that
PICjcan provide for EJ communities.
Website Coordinator: Available for facilitating placement of EJ information on Region 9's
webpage.
Local Government Liaisons: The Local Government/Small Towns Liaisons will include
environmental justice messages and issues in communications with local governments to
encourage them to consider EJ issues in local planning efforts and city ordinances. The
Local Government and Small Towns Liaisons will participate in specific EJ projects, as
required. For example, the Local Government Liaison has been supporting the work of the
West Oakland EJ Pilot Project and the Small Towns Liaison will participate in general
support of the EJ program such as grant review for the EJ Small Grant Program.
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San Diego Border Office:The San Diego Border Office provides direct service to border
communities, which includes many environmental justice communities. The Border Office
focuses efforts on environmental education and outreach to border communities. They
will also hold a number of public workshops and sponsor a sustainable development
conference during FY 1997. The Director is also participating in EJ grant reviews.
Pacific Islands Contact Office: PICO, located in Honolulu, Hawaii, provides on site
information assistance to Hawaiian communities and the general public. PICO submits a
segment to CGR's Weekly entitled "Pulse of Paradise" that describes major news events.
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Environmental Justice Strategy
Cross Media Division
Toxics Section
July, 1997
I. Training
All Toxics Section staff will complete Environmental Justice training.
The TRI Team has developed a 1 hour computer-based training that provides participants
with an overview of the reporting requirements of Section 313 of EPCRA, details on what
the database contains, and step-by-step instructions on how to access the data via the
Internet. This training, as well as ongoing assistance on how to interpret and use the data,
will be provided to the Environmental Justice program.
n. Outreach/Grants
The Lead (Pb) program will utilize Toxic Source Reduction funds to award grants to select
CBOs for lead poisoning prevention outreach and education projects in low income
communities. The Pb Team is currently negotiating with: Mothers of East Los Angeles,
Matin County Lead Poisoning Prevention Program, and the Hoopa Tribe.
The TRI Team plans on awarding a grant to Communities for a Better Environment to
develop, advertise and hold a workshop for CBOs on how to access and use TRI data. The
primary objective of the workshop will be to encourage CBOs to use the data to reduce
pollution in their neighborhoods.
The Pb Team will continue to distribute Pb hazard prevention literature through its Urban
Libraries Project. Libraries in low income communities have proven an effective means of
distributing Pb literature to local residents. Through this mechanism, as well as community
partnerships, CBOs, Indian Tribes, and local public health organizations the Pb team will
continue to distribute valuable public health information to individuals most at risk.
Lead Program staff will serve as Project Officers for grants addressing Childhood Pb
poisoning prevention awarded through the Environmental Justice Small Grants Program.
This central role allows the Pb Team to coordinate efforts between public and private
organizations working toward the common goal of eliminating childhood lead poisoning.
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ENVIRONMENTAL JUSTICE OPERATING PLAN
Revised Nov. 26,1996
Mission
To achieve equal environmental protection so no segment of the population, regardless of
race, ethnicity, culture or income bears an undue burden of environmental pollution and
to ensure that the benefits of environmental protection are shared by everyone.
Resource Allocation
The EJ Program (core team, Assessment/Pilot Projects Staff and Regional Liaisons) will
have approximately 9.25 FTEs. This breakdowns as follows:
EJ Team (Core members and Pilot Program staff) 6 FTEs
(.5 or less from each Division ) 3.25 FTEs
Goals
Inform and facilitate the public dialogue on issues of environmental justice in Region 9
Provide leadership to mobilize governmental, academia and corporate responses to
identified (environmental justice) needs
Develop state, tribal and local capacity for environmental justice, recognizing that these
governments have primary responsibility for many decisions affecting land use,
community health and welfare
Incorporate environmental justice into environmental policy and
regulatory/enforcement programs
Organize and deploy EPA resources to prevent and redress environmental justice
concerns consistent with Region 9 operating plans
Objectives
Assess the real and perceived impact of EPA's environmental protection programs on
the distribution of risks in Region 9
Inventory existing Region 9 programs that directly or indirectly address environmental
justice issues.
Identify new opportunities and initiatives to target policies and programs to redress
environmental justice issues.
Encourage and support (and provide financial assistance as available)
to state/local/tribal efforts that pilot new approaches or methods for
reducing risk to low income and minority communities.
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Expand the opportunities for low-income and minority groups to
participate in the development and delivery of environmental programs.
Strive to improve risk assessment methodology to better characterize
risk across populations, communities and geographic areas.
ENVIRONMENTAL JUSTICE TEAM
OVERALL
Goal: Serve as 1) advocate for low income and communities of color;
2) regional liaison with EPA HQ (including the Office of
Environmental Justice and other programs); 3) maintain regional
inventory of environmental justice related activities and 4) other duties
as necessary
Priority Activities
Establish time frames, arrange for project leads, facilitate meetings,
and provide tracking for work plan activities
Participate in national/regional workgroups, conferences, conference
calls as appropriate (and budget allows)
Assist the programs with their environmental justice activities as
appropriate (includes participating in the McFarland, Puna and EJ
Assessment work teams, NEPA, etc).
Finalize inventory of regional environmental justice activities in
Lotus Notes
Manage EJ intern activities
ENVIRONMENTAL JUSTICE OUTREACH
Goal:
l)To establish an outgoing dialogue with key players within the
environmental justice community. Discuss our common agendas and
identify areas of collaboration/ assistance/ coordination
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2)To elevate the level of understanding of EPA regional, other federal and state agencies
staff and management and communities regarding environmental justice concerns and to
promote collective problem solving.
Priority Activities
EPA will meet with the following groups.
Southwest Network for Environmental and Economic Justice (New Mexico)
Mothers of East Los Angeles (Los Angeles)
Concerned Citizens for South Central (Los Angeles)
By End of 2nd Quarter
Environmental Health Coalition (San Diego)
Asian Pacific Environmental Network (Oakland) By End of 3rd Quarter
Urban Habitat (San Francisco)
Don't Waste Arizona (Phoenix) By End of 4th Quarter
Other groups as appropriate (Nevada and Hawaii groups)
Objective:
identify common goals
identify possible issues to elevate to the national level or require attention by the Region,
identify areas where EPA can provide assistance or coordinate the efforts of State/locals
A series of meeting may be required if on-going discussions are needed to resolve issues.
Other Outreach Activities
Distribute and/or inform regional staff and management of environmental justice
materials, training and information by maintaining LAN based EJ Lotus notes database.
Identify additional material to be included on the abase.
Initiate planning for a meeting between R9 Regional Administrator and the other local
federal agencies regional administrators to discuss environmental justice
Maintain a regional database of community groups, associations, agencies involved in
specific environmental or environmental justice activities
Participate in regional meetings, community forums or other conferences/meetings as
appropriate and provide environmental justice information.
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Serve as Environmental Justice consultant to EPA program staff and management or
specific activities. Assist them in identifying environmental justice concerns and possible
related activities.
Work with the library to maintain an Environmental Justice Resource Center
Provide EJ training to staff and management and continue development of training
package
Explore options for providing EJ training to other federal, state and local agencies, etc
Explore the development of environmental job training program for low income
residents impacted areas (i.e., Brownfields)
Work with the Regional Environmental Education Program in our adopt a school
program for Earth Month '97.
EPA will "adopt" an East Bay school and participate in Classroom instructions and field
trips.
ENVIRONMENTAL JUSTICE INQUIRIES
Goal: To serve as initial contact for environmental justice inquiries and provide requested
information or identify alternate sources
Priority Activities
Maintain phone information line. Respond to external and internal general
environmental justice inquiries; Refer to specific program contacts as necessary.
Respond to inquiries from EPA HQ; This will be done in the following ways 1) provide
info to HQ (if Environmental Justice Team already has data); 2) serve as lead and gather
requested information from the programs or 3) identify program environmental justice
contact to serve as lead for request
Respond to specific community/site/individual environmental justice concerns; Meet (if
possible) with requester and determine next steps (ie., referral to EPA program or other
agencies)
PLACE-BASED ACTIVITIES
Goal: Develop an understanding of the environmental issues and identify appropriate
strategies to address community concerns.
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Priority Activities
Continue the EJ Pilot Projects (Watsonville and Oakland). Both the West Oakland and
Watsonville Pilot Project Team are developing a workgroup of divisional staff to begin
addressing issues related to the projects.
GRANTS
Goal: To promote the awareness of environmental justice issues within the regional grants
programs
Priority Activities
Manage environmental justice grants program. (This includes external notification
process, grant workshops (if travel budgets allow), review and selection of applications,
and oversight of the grant project officers)
Work with the Pollution Prevention program on joint grants
Provide information to other grants programs on environmental justice
Assist communities/groups identify specific grant programs which might benefit their
community
ENVIRONMENTAL JUSTICE PLANNING
Goal: Integrate, as appropriate, environmental justice considerations into Region 9's
programs and policies
Priority Activities
In order to integrate EJ within the Region, each Divisional Liaison, as appropriate, will
develop program specific EJ Strategy by March 3, 1997
OFFICE OF REGIONAL COUNSEL
OFFICE OF COMMUNICATIONS & GOVERNMENT RELATIONS
WATER DIVISION
CROSS-MEDIA DIVISION
AIR AND RADIATION DIVISION
WASTE MANAGEMENT DIVISION
POLICY AND MANAGEMENT DIVISION
SUPERFUND DIVISION
OFFICE OF STRATEGIC PLANNING AND EMERGING ISSUES
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Continue work on the Regional Assessment Project (GIS analysis)
Participate as necessary with any activities related to the Regional reorganization
Finalize EJ Regional document outlining strategy and regional activities (for outside
distribution)
Work with EJ contacts in each program to identify, encourage and support (and provide
financial assistance as available to) state/local/tribal efforts that pilot new approaches or
methods for reducing risk to low income and minority communities. Include in grants if
appropriate
Participate hi review of national environmental justice documents
Identify areas/activities where the region can improve in addressing EJ concerns/issues.
Some of this information would be identified through direct work with the communities
ENVIRONMENTAL JUSTICE EDUCATION
Goal: To elevate the level of understanding of EPA regional, other federal and state
agencies staff and management and communities regarding environmental justice
concerns and to promote collective problem solving.
Priority Activities
Provide EJ training to staff and management and complete development
of training package for external stakeholders.
Objective: Provide Divisional specific EJ training incorporating division EJ workplans
into class. Regional EJ Training Team will collaborate with Program Liaisons from each
division to complete divisional specific training components. Immediate targets Air,
Superfund, RCRA, Water.
Measures of Success: completion of divisional specific training components,
attendance/participation in class of Staff and Mangers. Additionally, General EJ Training
classes will still be provided so all staff and managers are up to speed on EJ principles as
prescribed by Presidential Executive order. Three classes per quarter will be offered- two
general classes per quarter and one division specific class. EJ Training is scheduled for
the third Thursday of each month from 9 to 12 in the Arizona Room.
Objective: Complete development of EJ training packet that EPA EJ educators can use
when speaking externally. The packet will contain overheads and/or slides, Fact Sheet,
and most asked questions. The overhead/slides will contain a script for definitions,
history, regional case studies/pilot projects, and conclusions. The training packet can be
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used at conferences and as a brief training/overview for managers in federal, state, and
local agencies that EPA targets.
Explore options for providing EJ training to other federal, state and local agencies, etc
EPA forms partnerships or act as consultant with external stakeholders who ask for
assistance hi developing a training program. As well as targeting agencies who have been
targeted for Title VI lawsuits which may be an indicator that training/workshops would be
beneficial.
ENVIRONMENTAL JUSTICE REGIONAL TEAM (PROGRAM LIAISONS)
Goal: To serve as a link with the Environmental Justice Steering Committee and
Environmental Justice Regional Team and participate hi activities, as appropriate.
Priority Activities
Work with program contacts to develop team and structure
ENVIRONMENTAL JUSTICE SENIOR MANAGEMENT LEAD
(Director of the Cross Media Division)
Goal: Responsible for day to day management and direction of the environmental justice
program.
Priority Activities
Provides direction to the Environmental Justice Team Leader and the Environmental
Regional Team on environmental justice activities
Environmental Justice Team Leader reports to the Director.
GRANTS
Goals:
To provide support to EJ community groups to help citizens more easily get involved in
the decisions that affect how they live.
To promote the awareness of environmental justice issues within the various regional
grant programs.
To anticipate potential areas of challenge to grant POs and provide input hi advance of
key decision points (e.g. decision memos, grant extensions, reporting deadlines). Identify
activities that can be technically and/or politically sensitive in EJ grants in order to better
respond to these issues.
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Priority Activities
Manage environmental justice grants program (This includes external notification process,
grant workshops, review and selection of applications, and oversight of the grant project
officers)
Organize workshops for potential grant applicants beyond the Bay Area.
Provide information to other Region 9 grant programs on integrating environmental
justice issues into programs (notification process, review & selection of grantees).
»
Work with the Pollution Prevention program on joint grants.
Assist community groups and non-profit organizations in identifying grant programs
(Federal or non-federal) which might benefit their community.
Track "success stories" from the EJ Grant program strategies.
PRELIMINARY TRAVEL AND TRAINING ESTIMATES
Core Team Travel $13,000
West Oakland Pilot Project Team $500
Watsonville Pilot Project Team $6,000
$19,500
EPA REGION 9
1996 Environmental Justice Community Grants
Arizona
Inter Tribal Council of Arizona, Inc., Phoenix, AZ $19,702
Emergency and Community Right to Know Act Training for 8 tribal communities in
Arizona. ITCA will coordinate a training program in which tribes will be given instruction
and direct on-site technical assistance in coordinating a Tribal Emergency Response
Commission (TERC) and for the development an emergency response plan. ITCA will
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conduct meetings with tribal community-based emergency response representatives, meet
with tribal leaders on emergency response priorities, and assist the tribes in development of
the plans.
Paa Qavi, Incorporated, Hotcvilla, AZ $20,000
Used Oil Recycling Project. In the Hopi community a high percentage of individuals change
their own oil. However, currently the only places to properly dispose of used oil are in
Winslow, which is 70 miles away, or Flagstaff which is 95 miles away. The purpose of this
project is to set up an ongoing used oil recycling station on Hopi Land. In addition, the
project will provide individuals, villages and local businesses with information about the
possible hazards of improperly disposing of used oil and proper methods of disposal.
California
Asian Immigrant Women Advocates, Oakland, CA $5,000
Community and Workplace Risk Awareness Project for Asian immigrant women electronics
assemblers. This grant will help continue the Environmental Health and Safety Project of
Asian Immigrant Women Electronics Assemblers. The project's ongoing environmental
education program includes newsletters, workshops, and training for these workers. The
project will provide environmental health information in several languages and will also
include tips on protection from hazardous materials hi the workplace.
Asian Pacific Environmental Network (APEN), Oakland, CA $20,000
APEN will work with other community groups on fish consumption issues. The groups will
evaluate existing outreach and education efforts relevant to contaminated fish (actual
fishing and fish consumption habits), share appropriate information within the communities
and improve outreach and education in these communities.
Bernal Heights Housing Corporation, San Francisco, CA $20,000
Lead Hazard Education and Prevention project The purpose of this project is to educate
low-income parents in the Bernal Heights, outer Mission and Excelsior districts of San
Francisco about EJ issues, lead poisoning, and lead hazard prevention and reduction hi their
homes and workplaces. BHHC will provide workshops, conferences, bilingual educational
materials, and vouchers to check-out the HEPOA vacuum from Cole Hardware hi our
community. A major portion of the project is the partnership with Consumer Action, local
churches, daycare centers, libraries, local businesses, and other nonprofit organizations.
California Rural Legal Assistance, Pomona, CA $19,980
EJ Program hi 12 rural communities in California. This grant will fund the Farmworker
Women's Leadership Project, Lideres Campesinas, which works with two hundred and fifty
farmworker women representing twelve farmworker communities throughout California.
The goal of the program is to train farmworker women as certified pesticide educators and
environmental health advocates.
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Chinatown Resource Center, San Francisco, CA $20,000
San Francisco Chinatown's Community Education Lead Poisoning Program. This program
is for Chinese speaking adults who care for children under the age of six in their homes.
This population faces a great risk of lead poisoning since the care-givers are not licensed
and have not received training or information about lead poisoning. The lead community
education-and~reach will be jointly conducted with education on seismic safety facilitated
by CRC's AmeriCorp volunteers at buildings slated for seismic retrofitting.
Environmental Health Coalition, San Diego, CA $20,000
Toxic Free Barrio Logan Campaign. This program is a combined effort of the EHC and the
Mercado Apartments Tenants Association. The goal is to educate, empower and organize
residents of Barrio Logan around environmental justice issues. The campaign intends to
motivate community participation by conducting a community health survey and monthly
environmental health updates at the Tenants Association meetings.
Healing Our Mother Earth, Grover Beach, CA $15,000
The primary purpose of this project is to hold a series of house meetings beginning in
McFarland to train the primarily Spanish speaking, low-income farmworker residents to
recognize symptoms of pesticide poisoning and to encourage families to seek regular
preventative health check-ups to screen for various health problems. In addition, this project
hopes to explain how families can avoid or minimize exposure to dangerous toxins.
Los Angeles Conservation Corp, Los Angeles, CA $20,000
Environmental Spark - Clean Water & Recycling Community Education Project. The goal
of this project is to utilize the energy, creativity and community awareness of conservation
corps members to cany environmental messages to their communities. Corp members will
work with communities to create a project dealing with recycling, recycled oil or storm
drain dumping, involve community members in environmental cleanup and pollution
prevention projects that corps members do on an ongoing basis.
West County Toxics Coalition, Richmond, CA $20,000
Lead Contamination Project (LCP). LCP was established to research the extent of the
problem of lead poisoning, particularly in residential housing, in West Contra Costa County
and to facilitate the development of strategies to address the problem through community
awareness, outreach and advocacy. LCP will educate citizens and community-based
organizations about the nature of lead poisoning, the need for testing/screening, as well as
preventative measures and resources for dealing with the problem.
Project Concern International, San Diego, CA $20,000
Community-based hygiene education and water purification program. Project Concern will
work with Vista Community Clinic to increase understanding of environmental sanitation,
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demonstrate simple low-cost techniques for water storage and disinfection, and improve
hygiene-related behaviors among migrant workers.
San Francisco League of Urban Gardeners, San Francisco, CA $20,000
EJ Youth Leadership Program. The purpose of this program is to develop effective youth
leaders and activists who will use their newly acquired skills and knowledge to help educate
and organize the Bayview-Hunter's Point community around EJ issues. In addition these
youth will help educate their community by encouraging friends, family, and neighbors to
participate in workshops that will address EJ issues in the Bayview-Hunter's Point area.
Save San Francisco Bay Association, Oakland, CA $20,000
Seafood Consumption Information Project (SCIP) This project will develop and implement
a community education program which effectively educates and trains subsistence fishing
communities in San Francisco, Solano, Alameda, Contra Costa, and Marin counties about
how to minimize health risks associated with Bay seafood consumption.
Hawaii
Native Hawaiian Advisory Council, Honolulu, HI $20,000
E Alu Like Mai I Ka Pono (Coming Together for Justice). A joint project between the
Native Hawaiian Advisory Council and the William S. Richarson School of Law at the
University of Hawaii. This project is designed to educate native Hawaiians on the
legislative and administrative processes by which agencies make environmental decisions.
Project participants will prepare E Alu Like Mai I Ma Pono: A Guidebook to Hawaii's
Legislative and Administrative Processes.
EPA REGION 9
1995 Environmental Justice Community Grants
Arizona
Arizona Department of Health Service, Center for Minority Health. $18,585
The goal of the project is to motivate the general public and migrant and seasonal farm
workers in Southeastern Arizona to be more conscious of pesticide-provoked illnesses by
presenting the "Espectaculo Publico". The "Espectaculo Publico" is a public event that
utilizes a "Novella" (Spanish translated, low-literacy story book with pictures) that tells
how a family learns to protect themselves from pesticide-related illnesses. The "Novella"
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will be presented in a play, performed by a local community theater group, and will be
available as a book.
Dine Citizens Against Ruining Our Environment (Dine CARE),Winslow $20,000
Dine CARE, an all-Navajo community-based environmental organization, will initiate a
recycling and clean-up program for the Dilkon, Teesto and Seba Dalkai communities. The
project will present informational workshops, establish a recycling drop-off center, and
teach about risk reduction and pollution prevention.
Don't Waste Arizona (Dine Alliance), Phoenix, AZ $20,000
The Dine Alliance, a Navajo grassroots organization, will work with residents located near
the Black Mesa Coal Mine to identify environmental concerns. The Alliance will conduct
an Environmental Health Needs Assessment Survey and develop an outreach and training
program.
El Pueblo Clinic, TCE Program, Tucson, AZ $20,000
The Promotora program will train volunteers to go into the community adjacent to the
Tucson International Airport Superfund site. Volunteers will conduct a door to door
campaign, seeking to increase the predominantly low-income Latino community's
knowledge of TCE exposure, health issues, and health services available at EL Pueblo
Clinic. (El Pueblo Clinic's TCE program, established in 1994, focuses on providing
primary and specific TCE exposure-related health care to residents who might have been
exposed to TCE from the Superfund Site.)
Salt River Pima-Maricopa Indian Community, Scottsdale, AZ $8,860
The project will develop a community environmental awareness demonstration project that
is intended to build advocacy and focus on environmental responsibility. The
demonstration project will include an environmental priorities survey of the community
and several workshops designed to raise awareness and provide a forum to exchange
information. The environmental issues will include hazardous waste transportation, lead,
radon, indoor air quality, water quality, and pollution prevention.
Tufts University, School of Medicine, Boston, MA $19,702 The purpose of this project
is to collect and disseminate oral histories and visual images of Navajo uranium miners.
The project will capture, through audio recordings and visual images, the experiences of
Navajo uranium miners who were exposed to hazardous levels of radiation from the 1940's
through the 1970's.
Arizona - Border specific
Living is For Everyone (LIFE), Nogales, AZ $20,000 LIFE will work with other
community groups to address the environmental health issues in the Nogales area
(predominantly low-income Latino communities). The project will provide environmental
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health workshops, a quarterly bilingual newsletter, informational hotline, monthly lupus
screening clinics, and provide outreach and case management services. LIFE will work
with individual community members to encourage their leadership skills and will
encourage them to share their information with friends and neighbors.
NACO Border Commerce, Naco, AZ $20,000
This Border Sanitation project will develop 1) a strategy for collecting and treating
wastewater to minimize the environmental risk, 2) a model agreement between Naco, AZ
and the Sonoran government for collection and treatment of wastewater and 3) a public
awareness program
California
African American Development Association, Inc., Oakland, CA $20,000
The purpose of this project is to educate the Elmhurst residents (a predominantly African
American and Latino community in Oakland) about environmental justice, lead exposure
and lead hazard reduction in the home. AADAI will provide workshops, hazard
maintenance equipment and supplies on a check-out basis and home monitor and
reevaluation logs to the residents
Asian Pacific Environmental Network (APEN), Oakland, CA $20,000
APEN will work with other community groups to coordinate a collaborative between
African American and Laotian communities in Richmond, CA. The groups will evaluate
existing outreach and education efforts relevant to contaminated fish (actual fishing and
fish consumption habits), share appropriate iriformation within the communities and
determine improvements in providing effective outreach and education in these
communities.
California Institute for Rural Studies, Davis, CA $20,000
CIRS will work with other agencies and organizations to develop and implement a
training program to certify "promotores" as trainers of farm workers in pesticide safety.
The promotores will work with neighbors and compadres/comadres to recognize health
hazards from agricultural chemicals and poor sanitation.
Metropolitan Area Advisory Committee, National City, CA $20,000
The Toxic Free Barrio Logan Campaign is a combined effort of the Metropolitan Area
Advisory Committee, the Environmental Health Coalition and the Mercado Apartments
Tenants Association. The project will focus its efforts on the Mercado Apartments which
houses 600 low-income residents, predominantly Latino. Basic environmental information
education and resources will be provided to the residents. Ongoing education efforts will
be developed and presented by the residents. Specific activities include presenting a
watershed protection workshop, establishing a Toxics Watch hotline and a environmental
resource library.
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Ontario Montclair School District, Ontario, CA $20,000
Goal is to teach students, families and the surrounding communities about toxic pollutants
and the need for water conservation, through improved communication and coordination.
The school district has a high percentage of minority students and over 39 languages are
spoken. The programs activities include classroom instruction, visits to the Chino Basin
Water Conservation District's Env. Cntr. and formation of a parent action group.
Pesticide Watch, San Francisco, CA $20,000
The Community Coalition to End Pesticide Drift is a coalition of community groups who
are struggling to protect their health and environment from dangerous pesticides which
drift from adjacent agricultural fields. This project will improve local organizing efforts hi
existing coalition member communities and target other rural, low-income and
communities of color that are most likely to experience pesticide drift. The project will
fund regional meetings, statewide retreats, participation on a statewide agricultural urban
interface task force, establishment of an informational hotline and public service
announcements.
Ramona Gardens Resident Advisory Council, Los Angeles, CA $11,851
Project Restore Ramona will familiarize residents of a East Los Angeles low income
public housing on issues which harm their immediate environment. The project will
initiate an oil recycling program, clean up affected areas and restore those areas with sod
and trees. Tenants will be leading and participating in the activities and materials will be
written in English and Spanish.
Sierra Club, Los Angeles, CA $20,000
Sierra Club will work with other local environmental justice organizations to produce and
distribute an educational video and pamphlets to teach severely affected low-income and
communities of color about the dangers of lead exposure hi the home and how to reduce
their exposure. Video will be specific to LA area.
Hawaii
Puna Malama Pono, Pahoa, HI $20,000
This air toxics project will help train local volunteers in the Puna District, a rural and
predominantly low-income community with a high proportion of Native Hawaiian
residents, to monitor the air emissions from a local geothermal plant. It will use a portable
recording monitor to collect data on the emissions of hydrogen sulfide. The community
will be working with air toxics experts to both provide the training and maintain the
monitor.
West County Athletic Association, Richmond, CA $19,056
Project will implement an environmental education program for African American youth
(11-14 years old). The program will develop and present information about environmental
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issues; coach participants to make classroom and community presentations and connect
the youth with industry mentors to conduct community projects.
Comments in Addition to Handouts:
Laura Yoshii said that her region has consciously resourced. They've established a team
emphasizing developing relationships over time. The region has initiated a pilot project
with Oakland. They are working hi the community to identify environmental issues and
concerns. Urban vs. non-urban. In Watsonville, a rural community, the issue is pesticides.
Before, ag commissioners were not communicating with the farm workers and now they
are sitting down at the table. She also reported that they are going beyond their regulatory
responsibilities. They were able to bring HUD to the table to deal with housing issues.
They are trying to institutionalize EJ. A steering committee exists that is made up of
division deputy directors. They meet monthly to talk about specific issues. They are
working with each division to develop a division plan that has an EJ component so that
it's really integrated. Working with strategic planning so that EJ integrates into all
strategic planning efforts. Another area is the need to work with local governments.
They've increasingly emphasized working with local governments and getting along. On
the state front: hi Arizona they have an Environmental Justice coordinator and they've set
up an advisory board. In California, there are three state bills that the EPA's been asked to
comment on. Future opportunities: concern that unlike some of the other areas, where
there's been clear leadership at the agency senior level, there's no national division
director counterpart ~ what message is that sending. In addressing resource issues, Laura
said that funds disappeared for EJ hi 1998. Sharing information on EJ efforts is there
funding. Tide 6 complaints increasing and need to get out clear guidance on what this
means. Agency's getting hi reactionary mode hi looking at EJ only from a Title 6
perspective. Communities are looking to EPA to play a much greater leadership role.
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Region 10, Office of Waste and Chemical Management
David Croxton
1. Alaska Native Use of Local Food Resources:
- Harvest, Contaminants, Concerns and Cultural Importance
Funded by the Environmental Protection Agency
Region 10, Fran Stefan, Project Officer
2. Study goals related to Alaska Native use of local food resources:
- Develop an accessible source of information for communities and agencies
- Document Native concerns and ideas
- Identify gaps in our understanding about the values and risks
3. Information Components
- Community concerns and ideas
- Cultural benefits
- Nutritional value
- Harvest and consumption
- Contamination
- Health effects
-Programs
4. Study Approach
- Develop a computer data base incorporating relevant information
- Work directly with five communities to ensure process increases rather than decreases
local control.
- Collaborate with other researchers to incorporate their work.
5. Examples of Collaborating Organizations
- AK Dept. Of Fish and Game, Subsistence Division
- Institute of Marine Science, University of AK, Fairbanks
- AK Dept. Of Environmental Conservation
-RuralCAP -
- AK DepL Of Health and Social Services
- AK Area Native Health Service
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Project Contact
Jack Kruse, Principal Investigator
Institute of Social and Economic Research
University of Alaska, Anchorage
3211 Providence Drive,
Anchorage, AK 99508
(907) 786-7743
(907) 786-7739
Cornments in Addition to Handouts:
In Alaska, there is a community-based, EJ project. The Eskimos were traditionally semi-
nomadic. In 1939, the military came in and needed to use some of their land for an air
force base. The tribe agreed, but saw it as temporary. Fuel barrels are scattered all over
the tundra. Nomadic patterns have changed because of restrictions on access to hunting
grounds and because of availability of jobs at the AFB, so now, there are new issues of
landfills, etc. One municipality was looking to site a landfill. Because they are subsistence
farmers, they're concerned about dispersed contamination. There's a heavy reliance on
fish and game: 700 Ibs per person per year. There's lots of concern regarding food source
contamination. They have given money to village council to help coordinate and do
training and to create buffer agreement among the stakeholders. Given some grant money
to the University of Alaska in Anchorage to look at subsistence hunting and look at all the
different types of subsistence foods, do studies on what's contaminated on all those
variety of foods, look at risk characterization and to provide information on a web site.
Done very close work with the village council in order to make sure they're involved in
the process. Really trying to focus on working with the community and making them
involved. Tribe members concerned about the color of livers of species of fish noticed
that livers become discolored over the years.
Mr. Croxton added that RCRA and toxics are in the same office and that's nicely coming
together. It helps them focus and is good for resources. They're filming the whole process,
using an award-winning company from beginning to end. That's had a good effect.
Keys leading to attention and positive feeling. Everyone's feeling really positive.
Empowering council itself both in grants and ensuring that others want to make sure info
provided is useful and incorporates culture. Advantage of community based project -- idea
of focused effort ~ people coming in together: technology transfer and being able to get
some resources and staff time committed to it.
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