REGION 6 OFFICE OF
ENVIRONMENTAL JUSTICE
Region 6 Environmental Justice
Strategic Plan
February 2002
-------
CONTENTS
OEJ Common Elements
NO. 2
Water Division
Office of External Affairs
NO. 4
Enforcement Division
vo. 5
Multimedia Division
Snperrond Division
NO. 7
Management Division
Appendix
vo. 12
IAVERY' EXECUTIVE READY INDEX DIVIDER;
-------
1
-------
Environmental Protection Agency - Region 6
Regional Environmental Justice Strategy
The U.S. Environmental Protection Agency Region 6 Environmental Justice program is
headed by the Office of Environmental Justice (OEJ). Environmental justice objectives are ~
integrated within each of the Region 6 media program divisions. In 1999 OEJ developed ah EJ
Mission & Vision statement and Strategic Plan (see Appendix). This document spells out specific
commitments that will be utilized to measure EJ implementation progress. This strategy compiles
the goals and practices of that program and demonstrates the degree to which environmental
justice is integrated into each program area and within Region 6.
Addressing the concerns of environmental justice within Region 6 is critical to the mission
of the agency-to protect human health and the environment. Region 6 will maintain its leadership
in the area of environmental justice by implementing the strategies and commitments contained in
this plan. With its unique geographic location, and the concentration of petroleum and chemical
manufacturing, hazardous waste generation, treatment and disposal facilities within the Region,
the Region faces a dramatic challenge in addressing the health, pollution, and regulatory issues
that accompany these conditions.
The Implementation Strategy that follows is organized by Region 6 Program Office
Division responsibility. Each program division's plan details the background, structure, historical
accomplishments, and a general statement of the division's EJ goals and objectives. The plan
further details program goals for addressing EJ issues in the areas of funding, permitting,
enforcement, environmental clean up, corrective actions and encouragement to states to
implement EJ programs. This portion of the plan calls for setting program priorities and targets,
as well as a strategy for accomplishing the goals. Public participation is a second crucial
component addressed in terms of each division's approach to answering community inquiries,
addressing language barriers, and accommodating public meetings. Finally, the Region 6
Environmental Justice Strategic Plan incorporates a reporting mechanism for tracking progress on
all the components of the Strategic Plan.
Region 6 faces many challenges in addressing the issues of environmental justice. An
effective, strategic approach to meeting and solving these problems provides the organization with
a consistent direction and can serve as a resource for the increasingly effective response to EJ
issues.
Each division has a unique role to play in carrying out the tasks of environmental justice.
This strategic plan clearly spells out those roles and will also serve as an assessment tool to
provide insight into the Region's performance on environmental justice issues. Also, included in
this plan is the process flowchart illustrating the Region's administrative method for handling EJ
issues and complaints.
-1-
-------
Overarching Regional Issues & Regional Ethic of Environmental Justice
To achieve environmental protection for all constituents, key areas of EPA responsibility
must be impacted.
Site Identification
EnvironmentalJustice Index Methodology: Region 6 employs the Environmental Justice
site analysis methodology developed in Region 6. There is evidence that minority and low income
communities are exposed to more environmental pollutants than the general population. 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.
In 1993, Region 6 adopted the EJ Index protocol, (see Appendix ) The methodology
uses Geographic Information System (CIS) 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
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 is ranked to facilitate the mathematical prioritization process.
Source Analysis, Cumulative Risk: In identifying an environmental justice site, it is also
appropriate to consider the health risks associated with the site. An integrated resource system,
combining information from federal and state databases such as RCRA and CERCLIS, aids in the
analysis of pollution potential and hazard potential in a given area. As technologies advance the
capability to evaluate cumulative impact of risks, the Region will adopt these technologies to
enhance its analysis.
Strategies for Outreach to High Risk Communities: Once EJ communities are identified,
heightened or expanded outreach measures may be appropriate to use in communicating with the
community. Access to information is a lynchpin component of an effective Environmental Justice
program. As a matter of course, outreach strategies will include innovative and non-traditional
-------
lines of communication. Minority publications and media should be sought as communications
vehicles, and meeting the community on their schedule and within their culture should become
routine. For example, Juneteenth and Cinco de Mayo celebrations, Powwow, All-Indian sporting
events, and other cultural gatherings can provide natural venues for pro active outreach to
environmental justice community members. The influence of the faith community is critical
Therefore, connections and networking should be sought with faith-based communities.
Permitting
Issues of Access and Public Participation: Issues of access to information regarding
permitting decisions are of special interest in environmental justice communities. Traditional
"public notice" means should be expanded to include non-traditional means of communication
such as through community bulletin boards, minority and special interest media, and faith-based
communities. In addition, permitting authorities should be encouraged to extend public comment
periods to enhance outreach and comment, and schedule public meetings at times convenient to
the general community (after the dinner hour, for example). Electronic means, such as internet
and email, should also be employed to increase public access and participation in the permitting
process.
In addition, public comment periods should be extended beyond the regulatory or
statutory minimum requirements. This, combined with increased outreach efforts, affords EJ
communities the opportunity to have more meaningful participation in the permitting process.
Funding
Internally: The Region 6 Environmental Justice Strategy calls for program divisions to
allocate necessary resources to successfully implement Environmental Justice.
EJ Grant Conditions, Performance Partnership Agreements (PPAs) and Performance
Partnership Grants (PPGs): In a memorandum dated August 9, 2001 EPA Administrator,
Christine Todd Whitman, states that:
"Integration of environmental justice into the programs, policies, and
activities via Headquarters/Regional Office Memoranda of Agreements and
Regional Office/State Performance partnership Agreements is an Agency
priority."
To encourage States to address the issues of environmental justice, future PPA/PPG agreements
should include grant conditions specific environmental justice. National Environmental Justice
Advisory Council (NEJAC) Public Participation Guidance (Appendix ) should be used as a
-3-
-------
template for these conditions, as public participation is one of the critical elements of addressing
EJ concerns. PPG agreements should include funding for translation and interpretation services
to improve public access to decision making and information gathering processes.
Meaningful Pubfic Participation
Meaningful public participation is the cornerstone of successful EJ program implementation. The
National Environmental Justice Advisory Council (NEJAC) has developed a set of
recommendations for use by EPA to institutionalize public participation in its environmental
programs. The NEJAC guidance "The Model Plan for Public Participation", is included in the
Appendix of this document.
EPA has developed extensive guidance for incorporating public participation into its programs. A
listing of the various EPA Public Participation guidance documents is included in the Appendix as
well These documents are available on EPA's web site www.epa.gov
Environmental Justice Training
National Training Collaborative: Region 6 has played an active role in developing
foundational environmental justice training tailored to a wide variety of audiences. The Region
will endeavor to present this training to internal audiences, state, community and industry
audiences to increase the understanding and implementation of the principles of environmental
justice. The training encompasses an examination of the issues and elements of environmental
justice, legal authorities, case studies and EJ tools. The collaborative LJ comprised of
representatives from community, Federal & state government
and industry representatives. As scheduling permits, EJ Fundamental Training will be completed
by all Region 6 employees in accordance with the Regional EJ Training Plan.
Reporting on this Plan
The report should address applicable program goals for EJ contained in the Division's
strategic plan. Each division will report their EJ progress to the Deputy Regional Administrator,
according to their specific program goals and activities twice a year. These reports will coincide
with the twice annual National Environmental Justice Advisory Council meetings. Additional
reporting elements may be added to address specific NEJAC issues. Each division will report on
these general elements, as applicable:
Funding (including the following elements: grants, grant conditions, cooperative
agreements, and commitments; contracts, FTE, Interagency Agreements, Discretionary
Funds)
Permitting; EJ Analysis Performed (including the following elements: Number of EJ
-4-
-------
communities identified thru analysis; Resulting Actions; Public Meetings/Hearings;
Increased Outreach Efforts)
Enforcement
Environmental clean-up
Corrective actions
Encouragement to the States
In addition, each division will specifically report on these elements of public participation:
Community inquiries
Educational sessions
Response to requests
Addressing language barriers
Public meetings/hearings
Encouragement to the States.
Appendices:
Region 6 EJ Mission/Vision Statement
Region 6 Practical Objectives for EJ Implementation
Draft National Environmental Justice Guidance
Region 6 Environmental Justice Index Methodology
Region 6 EJ Conceptual Model Protocol
Region 6 EJ Identification Process/Framework
Enforcement Targeting methodology —
NEJAC Guide to Public Participation Guidance
Executive Order
EJ Border Plan-
-5-
-------
2
-------
10-9-01 DRAFT WATER QUALITY PROTECTION DIVISION
STRATEGY ENVIRONMENTAL JUSTICE
L Background
Structure of EJ Program
The Water Quality Protection Division has an Environmental Justice (EJ)
Representative who serves: 1) as the point of contact for the Division in matters related to EJ
and 2) as the Division's representative on the Region 6 EJ Workgroup. This position is within
the Division Director's immediate office and facilitates communication with division
management and division branches. The current Division EJ Representative is Dina Granado
at 214-665-6522.
Each branch chief serves as the branch focal point for EJ activities. The branch chief is
in the optimum position to expeditiously enlist the appropriate Section and staff responses to EJ
initiatives and/or to EJ issues. The following structure is in place in the Division:
TITLE
Division Director
Program Analyst
Branch Chiefs
Section Chiefs/staff
EMPLOYEE
Sam Becker
Dina Granado
Larry Wright
Jack Ferguson
Richard Hoppers
Joan Brown
Jayne Fontenot
RESPONSIBILITY
Overall management
of Division EJ
Program activities
EJ Rep7 coordinator
Manage EJ program
specific initiatives
Source Water
Protection Branch
NPDES Permits Br.
Ecosystems
Protection Branch
Assistance Programs
Branch
Customer Service
Branch
Consider EJ interests,
incorporating EJ in
program processes.
PHONE NUMBERS
214-665-7101
214-665-6522
214-665-7151
214-665-7170
214-665-7135
214-665-6579
214-665-7191
Historical Background of EJ Accomplishments
Due to the Division's concerns that all citizens' water resources be protected equitably,
the following are two examples of the proactive approach taken by the Water Division:
• The Water Quality Protection Division was the first in the Region to conduct a
program-wide EJ analyses; an analysis was done for major NPDES permits and
for Class I injection wells. These analyses were made possible by the Division's
-------
early development and implementation of Geographical Information System
• (CIS) initiatives.
• The Water Division was actively involved in addressing the environmental
concerns in Calcasieu Parish, Louisiana. In cooperation and through a grant to
the State, the monitoring frequency for Public Water Supply Systems was
increased and technical assistance was provided to expeditiously identify any
quality problems that had or that might occur.
• The Source Water Protection Branch continues to carry out Direct
Implementation programs on Indian Lands for both the Underground Injection
Control program and the Public Water Supply Supervision program. Source
Water Assessments are being done for all tribes with public water systems; this
is being done for both ground water and surface water systems.
• The Assistance Programs Branch has incorporated the Environmental Justice
goals into the Division's National Environmental Policy Act (NEPA) process for
the Clean Water State Revolving Fun. (SRF) and Drinking Water SRF Program
as well as special congressionalry earmarked infrastructure construction projects.
The Region 6 states and Regional staff that manage these programs were
provided training on EJ activities in Region 6, EJ in the NEPA Review process,
the EJ Index Methodology and Application of CIS in EJ Index Calculations.
• The Assistance Programs Branch has provided and continues to oversee well
over one quarter of a billion dollars in grant assistance to Region 6 states to assist
communities along the U.STMexico Border. These communities called "Colonia
" are often highly impoverished areas, characterized by substandard housing and
poor Irving conditions resulting in public health and environmental problems.
Funds have been awarded to construct colonia drinking water and wastewater
treatment facilities as well as low interest loans to colonia residents for installing
indoor plumbing.
Division Goals/Objectives Pertinent to EJ
The Water Division carries out its programs consistent with Executive Order (E.G.)
12898 and the Region 6 Environmental Justice Policy within the authority provided by
applicable federal law. In each water program, the Division strives to ensure fairness in its
actions. Major Division actions, including permitting and technical and financial assistance, are
evaluated with respect to Agency EJ responsibilities and the statutory and regulatory provisions
under the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA).
With the goal of carrying out the Division programs consistent with the E.O. 12898 and
the Region's EJ Strategy, the Water Division ensures that all citizens are protected equitably
-------
under the water programs. The CWA and the SDWA and the associated regulations do not
discriminate based on ethnic, economic, or other characteristics of an area or community.
During annual program planning, commitments are made to provide assistance in EJ areas for
which the Division is responsible (program areas that have not been delegated to the
states/tribes) and to assist states/tribes with their work in EJ areas.
In addition to working with the states' and tribes' on CWA and SDWA activities, the
Water Division's goal is also to cooperate with other EPA programs and other Federal agencies
in striving to achieve environmental equity to the maximum extent possible under the water
programs.
n. EJ Population Identification/Analysis
EJ Index Screening
The Water Division approach is based on the Region 6 methodology for the
identification of EJ communities/areas. (These iuentified communities/areas are then
considered when setting program priorities to protect human heahh and the environment and
during program oversight.)
To conduct an impact assessment, the Water Division uses a 4 mile radius about the
facility,
the Region 6 methodology for determining EJ status takes into consideration the density of
facilities in the subject area and other factors established by the Region.
Expanded EJ Studies
In addition to the routine screening carried out by the Water Division using the
prescribed methodology, other considerations may be taken into account to ensure that any
communities/areas that are not identified in the initial EJ screening process may be identified as
EJ communities/areas when appropriate. For example, other options to identify EJ communities
may include the following:
• Region 6 with states and in collaboration with communities identifies (lists)
geographic areas as EJ areas in which to concentrate EJ initiatives.*
• Region 6 establishes a process for communities to self-identify for EJ status
followed by the Region working with the states to finalise EJ areas.**
Availability of Data to Division Employees for Decision-making
The computer analysis pathway for conducting EJ analyses using the Region's EJ
methodology is available to all employees through the EPA Region 6 Intranet under "Special
Initiatives."
• Concern- identification of an EJ area could be seen by some citizens, institutions, etc., as potentially
-------
impacting an area in a negative way, such as the potential to impact property values, etc; a legal
determination needs to be made.
*• Concern- development of adequate criteria to determine applicability of community for EJ status.
EL Program Goals for Addressing EJ
A. Setting program priorities/targets; strategy for accomplishing goab
1. Funding Most funding for states, tribes, and other entities is through the SDWA and
the CWA. The Division participates in the National Environmental Performance
Partnership Systems (NEPPS), with states having the opportunity to enter into
Performance Partnership Agreements (PPAs) and/or Grants (/PPGs). A key component
is the process for joint priority setting and for public participation, which includes EJ
stakeholders. States are encouraged during the negotiation of these and the traditional
categorical grants to include EJ components. The Assistance Programs Branch also
ensures that EJ requirements have been incorporated into the Drinking Water and Clean
Water SRF Programs and the special congressionally earmarked infrastructure projects.
All projects involving construction will be reviewed for the incorporation of EJ
requirements through the NEPA process.
The Assistance Programs Branch administers the Water Division grants in coordination
with the Branches which provide technical expertise in the development of work plans
and State/EPA agreements and state program oversight. Coals and priorities for state
water quality protection, through planning and management, are identified for use in the
development of grant objectives and in the identification and resolution of policy and
program issues.
Examples in accomplishing goals under the SDWA are the Drinking Water State
Revolving Funds program (SRF) (administered by the States) and the State Revolving
Funds (SRF) Indian set-aside grant program (administered by EPA) that allow for
infrastructure improvements. States are required to use aflbrdability in determining the
priority given to communities for assistance, and states are allowed to give special
dispensation for disadvantaged communities, including the extension of loan periods and
provision of a portion of the funds to be used in the form of a subsidy (grant with
negative interest). The SDWA SRF programs, the CWA Hardship Grants program, and
the Colonias program address the needs of specific low income/minority communities.
The SDWA and the CWA funds result in the protection of public water systems and the
improvement/protection of surface and ground water quality in Region 6. In
combination 6WQ funding provides for human health and environmental/ecological
protection and includes opportunity for the consideration of sensitive populations in
program implementation. All funding ensures non-discrimination and equal
employment opportunities in all grant and contract activities.
2. Permitting: Under the SDWA and the CWA the Agency has responsibilities for permit
programs, the Underground Injection Control (UIC) and the National Polluant
Discharge Elimination System (NPDES) programs, respectively. The UIC permits and
-------
no- migration petitions assure protection of underground sources of drinking water, and
the NPDES permits protect health and aquatic life with the emphasis on surface water
quality protection. In most instances (with the exception of the no-migration petitions)
these programs have been delegated to the States. These state programs issue the
permits which, at a minimum, comply with the Federal program requirements. Program
priorities and targeted accomplishments are negotiated annually consistent with regional
and Headquarters (HQ) guidance.
Under the UIC program Region 6, however, handles the no-migration petitions for
Class I wells in the States and carries out direct implementation programs for all classes
of wells on Indian Lands, for which the Region with input from the Tribes, establishes
priorities and targets for planned accomplishments.
The Water Division strategy is to accomplish goals under the SDWA and NPDES
permit programs and provide equitable protection for minority/low income
communities. This is exemplified by the following:
Various administrative, technical, and scientific reviews and evaluations are conducted
for the permitting programs in the Region, and expert assistance is provided as needed
Authorized states are encouraged to consider EJ when setting priorities for permit
issuance, and oversight of state activities in EJ areas may be increased to identify any
state program implementation weaknesses, and if applicable, increase the availability of
technical assistance to states to address concerns.
State water quality standards related to NPDES are approved/disapproved by the Water
Division. (EPA promulgates standards in the absence of appropriate standards.) When
assisting States/Tribes in the development of standards, Region 6 scientists are sensitive
to EJ communities' consumption patterns and to bodily contact exposure. The standards
in rum provide the technical basis for determining the NPDES permit parameters and
concentration limits to ensure all citizens and ecological systems are adequately
protected. The Region reviews all major permits drafted by authorized states in EJ
areas. Additionally, the Region will request the review of minor permits in areas jointly
identified by the Region and the states as having significant EJ concerns.
The Region is responsible for all UIC no-migration petitions, and has conducted an EJ
analysis for each of the Class I UIC wells in the Region. Its direct implementation
program on Indian lands is the largest in the nation for Class II wells.
In summary, the following activities in EJ areas are done by the Water Quality
Protection Division in Region 6:
Permitting! Summary;
• Issue NPDES and UIC permits for non-delegated programs (States/Tribes)
• Review 100% of UIC no-migration petitions and issue on approval
• Extend public comment period from 15 to 30 days for UIC Tribal program Class
II permits where public interest warrants.
-------
• Increase Technical Assistance/Outreach/Education Initiatives
Oversight of State Programs
• Review 100% of major NPDES permits
• Ask States to review 100% of minor NPDES permits
• Review states' implementation of water programs
• Review EJ compliance under the Clean Water SRF Annual Review and
Drinking Water SRF Biannual Review.
3. Enforcement -NA
4. Environmental Clean-up - NA
5. Corrective Actions - NA
6. Encouragement to the States: Funding, technical assistance, and training provide a
level of encouragement to the states and tribes, and these enhance their ability to
address/maintain water quality protection programs in EJ areas. By increasing oversight
in EJ areas, program weaknesses can be identified, and when applicable the Region
increases the availability of technical assistance to address identified concerns. States
are also encouraged to consider EJ when setting priorities for permit issuance.
States are encouraged to establish SDWA SRF programs for disadvantaged communities
and EPA will assist the states. Additionally, the Clean Water Act Hardship Grants
program and the Colonias program address the needs of specific low income /minority
communities.
Guidance and assistance are provided in the development and operation of water quality
management plans and programs. States have identified priority watersheds and have
developed watershed restoration action strategies.
B. Public participation
1. Community inquiries/educational sessions/response to requests: The programs may
expand public outreach/education activities (beyond the required minimum in identified
EJ areas). In addition to responding to inquires and requests, the staff plans, designs,
implements, and develops strategies, products, and opportunities (brochures, feet sheets,
posters, pamphlets, seminars, public meetings, workshops, etc.) to inform the public
about the water programs.
Information is provided to the public, press, industries, environmental organizations,
federal and state agencies and to other stakeholders. The Division is responsive to
individual and community inquires and provides workshops/meetings to share technical
and programmatic information with those potentially impacted by water programs
actions.
-------
2. Addressing language barriers: Information (brochures, etc.) is prepared in the
language of the community as needed (for example, in Spanish for many areas in
Region 6).
3. Public meetings/hearings: The Water Division's Customer Service Branch issues
public notices and coordinates public and evidentiary hearings. Any special EJ
community needs are addressed, as in instances when a translator is needed. Also,
hearing times and locations are selected to facilitate the EJ communities participation in
meetings/hearings and to avoid conflict with any EJ communities unique, scheduled
events.
4. Encouragement to states: States are encouraged to establish programs for
disadvantaged communities ( minority/low income), and assistance is available to the
interested states. States are encouraged to include opportunities for public participation
(for all stakeholders) in their programs that are funded under EPA grants.
Educational material is available to the states that addresses the needs of the diverse
Region 6 population.
IV. Reporting (semiannual)
1. Report the number of low-income/minority communities the Water Division provided
water quality protection assistance.
2. Report the number of water related issues/concerns received by the Water Division from
low income/minority communities.
3. Report the number of low-income/minority communities and Tribes provided technical
assistance by the Drinking Water and UIC programs.
(Generic reporting will be covered in the Region 6 overall Strategy in lieu of in the
individual Division Strategies.)
-------
3
-------
Rev.2/02
Environmental Justice (EJ) Implementation Strategy
Office Of External Affairs
I. BACKGROUND
The primary responsibility and mission of the Office of External Affairs is to foster
communication with the public; the media and to Federal, state, local government agencies; and
elected officials. Our strategy to meet the objectives of environmental justice focuses the
following components:
Media includes the proactive interface with Region 6 print and broadcast media;
Intergovernmental includes remaining abreast of "hot" issues in given Congressional districts
and coordinating responses to Congressional inquires;
Executive Correspondence which includes the management of all written correspondence
received in the Regional Administrator's Office;
Environmental Education(EE) Program which supports and promotes educational activities
which develop the knowledge base and skills to foster responsible environmental decision-making;
and
Regional Native American Office (RNAO) which serves as the focal point for Tribal matters
within Region 6.
Office of External Affairs contact information:
Establish Goals & Initiatives for the Office
Implementation of Office Strategy
Implementation of Office Strategy Alternate
Office EJ Coordinator
Office EJ Coordinator Alternate
David Gray
Terrie Mikus
Maurice Rawls
Ed Curran
Patty Senna
214-665-2200
214-665-2147
214-665-8049
214-665-2172
214-665-7178
-------
II. EJ POPULATION IDENTIFICATION/ANALYSIS
External Affairs will utilize the Region 6 index methodology for the identification of EJ
communities and areas, including the Region's Geographic Information System demographic
analysis protocol
ID. PROGRAM GOALS FOR ADDRESSING EJ
Setting Program Priorities / Targets:
- Funding:
EE Grants
RNAO General Assistance Program Grants
- Permitting: N/A
- Enforcement: N/A
- Environmental Clean-up: N/A
- Corrective Action: N/A
- Encouragement to States/Tribes:
Region 6 EE Strategic Plan Goals: #2 Partnerships & #4 Building State Capacity
RNAO Strategic Plan
Strategy for Accomplishing Goab:
Media:
- External affairs will monitor EJ activities and proactively provide media outlest with information
that will establish/maintain EPA's actions as being credible
- External Affairs will arrange for periodic editorial boards for the Regional Administrator,
Deputy Regional Administrator Office of Environmental Justice Team Leader to advance the EJ
Program
- External Affairs will arrange for periodic media interviews for the Regional Administrator,
Deputy Regional Administrator Office of Environmental Justice Team Leader to advance the EJ
Program
- External Affairs will inform EPA Headquarters, Office of Communication, Education and Media
Relations of contentious EJ news articles/reports that can potentially have National implications
- External Affairs will issue EJ Press Advisories and/or Press Releases, as appropriate, and post
subject information on the web site in a timely manner.
-------
Intergovernmental:
- External Affairs will serve as the EJ liaison between elected officials and all Region 6 program
offices
- External Affairs will remain abreast of all elected official's written as well as verbal EJ requests;
ensuring the concerns are addressed in a timely and responsive manner
- External Affairs will inform EPA Headquarters, Office of Intergovernmental Relations of
contentious EJ issues about which a given elected official could potentially contact the Region 6
Administrator
Executive Correspondence:
- External Affairs will monitor all correspondence received in the Regional Administrator's Office
paying close attention to issues relative to environmental justice and/or issues focused in an
environmental justice or disadvantaged community.
- External Affairs will develop a mechanism to report trends in environmental justice
correspondence for whhin-Region review.
- Correspondence will be controlled to appropriate office with information copy to the EJ Team
Leader.
- External Affairs will inform the Office of Environmental Justice of potential opportunities for
speaking engagements by the Regional Administrator or Deputy Regional Administrator in EJ
communities.
Environmental Education Program:
- Through the Region 6 Environmental Education Program, External Affairs will coordinate the
distribution of environmental education and information resources to EJ community groups. EJ
communities will be included in the EE Grant solicitation process for EE proposals (via notices to
community leaders/organizations and state agencies). Environmental Justice is a criteria priority
for reviewing and evaluating EE Grant proposals.
- The EE Program will seek opportunities and audiences to conduct special EE forums for
disadvantaged community members.
- External Affairs will encourage members of minority, disadvantaged and Native American
communities to participate in Regional Earth Day activities.
- External Affairs will facilitate the distribution of bilingual environmental education materials.
3.
-------
Regional Native American Office:
- RNAO through its Strategic Plan, will continue outreach, coordination and communication
efforts to help Region 6 Tribes establish and maintain successful environmental programs.
- RNAO will organize and facilitate training related to Tribal affairs to increase cultural sensitivity,
program coordination, and Tribal participation in environmental improvement on Region 6 Tribal
lands.
- RNAO will identify and recommend opportunities for the Regional Administrator to speak with
Native American audiences.
- RNAO will work to increase awareness of environmental grant opportunities for Region 6
Tribes.
Other Approaches:
In the day-to-day distribution of environmental press releases, External Affairs will:
- Study available market research to determine the most effective communication methods for
reaching EJ communities
- Study demographic data to locate and identify language markets.
- Identify and translate press releases or advisories that should be issued in more than one
language.
- Specifically target geographic areas of Region 6 to receive other than English language press
communications.
- Include all known minority media publications and radio/television stations in Region 6 on an
automated fax list to receive press releases/advisories.
- Encourage minority media publications and radio/television stations to contact the Region 6
Media Office with press inquiries.
- Utilize EJ community newspapers for dissemination of EPA articles and to announce EPA
activities.
-------
IV. REPORTING (semi-annual basis) The following information will be listed in External Aflair
databases:
Number of correspondence inquires regarding EJ issues
Number of speaking engagements by the Regional Administrator to EJ audiences
Number of EE Grants received/awarded for EJ projects
Number of special EJ forums held for disadvantaged communities
Number of EJ community representatives participating in Region 6 Earth Day events
Number of RNAO Tribal environmental outreach projects
Number of Region 6 Tribal training events
Number of speeches by the Regional Administrator at Tribal events
Number of Region 6 EJ media and communities receiving EPA press communications
Number of proactive EJ activities provided to media outlets
Number of EJ media inquiries/interviews arranged by External Afiairs
Number of EJ Press Advisories issued
Number of Press Releases issued
Number of Congressional EJ inquires received/resolved
5.
-------
4
-------
DRAFT
Compliance Assurance & Enforcement Division
Environmental Justice Plan
I. Background
The Compliance Assurance and Enforcement Division (SEN) Environmental Justice Program is centrally
located in the Division Directors office. A representative from each branch in the Compliance Assurance
and Enforcement Division is responsible for Environmental Justice correspondence, initiatives and goals
set forth by the coordinating representative located in the Division Director's office. Contact information
is as followings:
Establish Goals & Initiatives for the Division
Division EJ Coordinator
Air Toxic & Inspection Branch (6EN-A) EJ Representative
Hazardous Waste Enforcement Branch (6EN-H) EJ Representative
Water Enforcement Branch (6EN-W) EJ Representative
Office of Planning & Coordination (6EN-XP) EJ Representative
SamColeman
Kara McKoy Belte
Suntta Singhvi
SamTates
Bernadine Gordon
Gerald Carney
(214)665-2210
(214)665-8337
(214)665-7290
(214)665-2243
(214)665-8177
(214)665-6523
Historical Background of EJ Accomplishments
The Compliance Assurance and Enforcement Division (6EN) consistently collaborates with other
divisions and agencies media to address serious environmental and health issues in EJ communities.
Meaningful and continuous outreach and education to citizens and environmental groups in EJ areas is a
major focus of the division. Historically, citizen input has been utilized for targeting and enforcement
actions.
The Branch representatives, Division representative and the Division Director work together to discuss
and develop new approaches to address the needs of our EJ communities. An example of this
collaboration is our Calcasieu Parish initiative in Louisiana. This effort sought input from citizens, state
and local governments, other divisions, and the Office of Environmental Justice to develop and
implement a plan to address the immediate needs of the Calcasieu community.
Division EJ Goals and Objectives
The Division focuses on four broad areas: Investigation and Inspection; Enforcement Actions and
Supplemental Environmental Projects (SEPs); State Oversight Authority; and Effective Communication
with Citizens. Enforcement Division's goal is to utilize current demographic data, geographic
information, and the EJ index in its implementation scheme.
n. EJ Population Identification/Analysis
The Office of Planning and Coordination (6EN-XP) will provide training, maintenance, and future
development of the Geographical Information System demographic system to assist other Divisions in
implementation and utilization of basic EJ demographic analyses. The National Environmental Policy
Act, Federal Facilities, and Comparative Risk programs will use the Region's Geographical Information
System EJ index methodology to accomplish the Agency's goal of EJ awareness and incorporation of EJ
into program activities. The EJ Index identifies economically stressed and minority populations. The
analysis can be expanded to identify education, employment, and cultural factors. The XP programs will
__»-_.U -_ -«/-
-------
communicate EJ demographic findings to the program clients, and will use EJ data as a significant factor
in targeting for inspections, permitting, and compliance issues.
Program Goals Addressing EJ
The main areas which will be considered and applied are categorized and delineated by objectives.
Goal 1: TnvejrtiaatMin/Tn.ipcction
1.Memorandum of Agreement
2.Program strategy
3 •Program initiative
4.History of noncompliance
5 Priority/significant SCCtOTS
6.Ffle and record review
Goal 2t Enforcement Actions and
Supplemental Environmental Projects
1.Prepare and issue cases according to program, Enforcement Response Policy (ERP), Head Quarters
(TQ), Memorandum of Understanding (MOU), & Environmental Management System (EMS);
2. Classification of inspection reports;
3. Issue and settle cases in EJ areas within one year;
4. Public awareness and citizens' involvement, Le., minority media, mailing list, Citizen SEP Idea Library
and Website, etc.;
5. Determine appropriate action;
6. Negotiate settlements to benefit community; and
7. When appropriate, solicit input from community.
Goal 3; Overnight of State Enforcement Actions
1 .Encourage EJ participation
2.Provide guidance, direction, and training on a continued basis
Goal 4i Effective CoiT|i*iuDication with Citizens
Additionally, Enforcement Division will continue to alert other agencies to areas of concerns when EPA
does not have the regulatory authority to enforce. With EJ in mind, the Enforcement Division will
incorporate additional steps in the process of alerting other agencies. The Enforcement Division has
made the commitment to provide information to the particular agency, follow up on action(s) taken, and
when appropriate provide the citizen and/or community with the other agency's contact and information
on how the concerns were resolved. Further, the Enforcement Division will work with other agencies
when appropriate to develop proposed SEPs which will directly benefit the community.
IV. Branch Goals for Addressing EJ
WATER ENFORCEMENT BRANCH
1) Use demographic and population statistics (provided by the Office of Planning and Coordination),
whenever possible, as a- factor in the development of enforcement actions, targeting facilities for
investigations and/or inspections, which will ensure the consideration of EJ issues that may occur. Our
Administrative Order Routing Sheet will include a check off block that will indicate whether EJ has been
considered or not. This will be a follow up to the prescreening of all enforcement actions with the EJ
demographic map.
^)
o . _* --- 1.-_
-------
2) The public notice process (Administrative Penalty Order notice) considers EJ as it keeps the public
informed of fines proposed in the EPA administrative process including the amount of the proposed fine
and the location of the facility where the fine is assessed. The information which is available in the local
and regional newspapers will also be found in ail communities1 libraries. Computers in each library will
have access to the EPA Region 6 web she. The public will be notified of the location of these notices
through mail-outs to minority and community groups prepared from a list provided by the Regional EJ *
coordinator.
3) Timely and appropriate enforcement actions by EPA and the National PoDutant Discharge
Elimination System (NPDES) delegated states will support the goals of EJ by encouraging fair and
equitable treatment across the board of all violators. This is accomplished through application of the
Region 6 Enforcement Management System. Since the initial prioritization of the action win consider EJ,
the enforcement action will already be on a "fast track.' The issuance process will remain the same; the
enforcement action (document) will have a higher priority.
4) In EPA's role as the oversight authority, all delegated states will be encouraged to consider EJ issues
and will be given guidance as it is developed and direction on how to apply new guidance in its
enforcement process.
AIR. TOXICS AND INSPECTION BRANCH
1) Incorporate EJ principles in setting targets for investigations, inspections, and EPA enforcement
actions. The Branch will continue to use the EJ Index and Geographical Information System technology
to develop its annual inspection target for the single and multimedia inspections. The Lead Program wUl
continue to use the geographic information system and information provided by the Center for Disease
Control to identify low- income communities with the highest risk of exposure to lead for hs inspection
target list.
2) EJ indexes will be considered during the case development stages of the enforcement actions by
identifying violators located in an EJ community. Where possible, cases in EJ areas will be issued and
settled in less than one year. Settlement negotiations will include SEPs that benefit the community, such
as negotiating with the facility to pay for the mandatory 3-year reinspection and management plan
development for a school in its community, pay for cost to abate asbestos or lead at a school, educate the
community about the hazards of lead, testing low-income and minority children1 blood level
Community organizations, citizens group, interested parties will be notified of the outcome of EJ cases,
through the mail and other communication medium.
3) States with enforcement programs will be provided with EJ information and assistance in
consolidating EJ considerations in its enforcement programs. State delegated prognumwjlLhe_moj]kpjed
for considerations of EJ in its enforcement actions in EJ communities as well as o<5ne EJ communities.
Further, the Air Branch will ensure that there is appropriate oversight of State enfoicewail piugiaius:
RESOURCE CONSERVATION & RECOVERY ACT (RCRA) HAZARDOUS WASTE
ENFORCEMENT BRANCH
1) Ensure that EJ criteria are used to set priorities. For example, the use of EJ indicators can trigger the
focus of an Agency sector initiative, or a Regional priority area.
2) Use EJ indicators to target specific areas of the Region for compliance assistance, compliance
monitoring and traditional enforcement activities. For example, economic and/or ethnic indicators may
^0
-------
be used to target specific areas where enforcement activities will be conducted. As in the past, areas such
as the Calcasieu estuary have been targeted based on EJ indicators as well as community requests.
3) Strive to conduct community outreach activities whenever feasible in EJ designated areas, to keep the
local citizens informed of inspections and other actions in their community.
4) In the area of enforcement actions and SEPs, the Branch wffl negotiate with facffities to design SEPs
that will benefit the community. An option for these facilities will be to perform projects that wfll
provide a direct environmental benefit, and/or by providing the community with the tools and «re«n« to
become more informed. For example, a SEP may consist of setting one or several computers in the local
library with access to on-line information, such as grass roots organization web pages, Federal, State and
Local information systems that win keep the community informed of chemicals in their community, spills
and incidents at fecilities in their immediate area, as well as other general information.
OFFICE OF PLANNING AND COORDINATION
The Office of Planning and Coordination (6EN-XP)will provide training, maintenance, and future
development of the Geographical Information System demographic system to assist other Divisions in
implementation and utilization of basic EJ demographic analyses. The National Environmental Policy
Act, Federal Facilities, and Comparative Risk programs wfll use the Region's Geographical Information
System EJ index methodology to accomplish the Agency's goal of EJ awareness and incorporation of EJ
into program activities. The Office of Planning and Coordination programs will communicate EJ
demographic findings to the program clients, and will use EJ data as a significant factor in targeting for
inspections, permitting, and compliance issues.
SUMMARY
Through improved targeting of enforcement and compliance resources, the Enforcement Division will
ensure that at least 50% of all civil and criminal enforcement actions and other compliance monitoring
activities are conducted at high risk, disproportionately exposed and other high priority areas of
noncompliance. Additionally, the Enforcement Division strives to make citizens more aware and
involved in decisions which directly affect their communities.
-------
IV. Reporting
The Enforcement Division will annually report EJ Accomplishments by the following measures:
Goall: Investigation/Inspection
•^Percentage of Investigations/Inspections in high risk, disproportionately exposed areas;
Goal 2: Enforcement Actions and Supplemental Environmental Projects
•^Percentage of enforcement actions and compliance monitoring in high risk, disproportionately exposed
areas;
^Number of compliance assistance activities in high risk, disproportionately exposed areas;
•^Percentage of SEPs in high risk, disproportionately exposed areas;
Goal 3: Oversight of State Enforcement Actions
* Written agreements and collaboration with states that encourage EJ Initiatives;
Goal 4: Effective Communication with Citizens
^Number of outreach activities for communities, such as training session, workshops, presentations, and
meetings.
T-T ni...
5
-------
5
-------
October 15, 2001
Environmental Justice Implementation Strategy
Multimedia Planning and Permitting Division, 6PD
Background
Structure of Division Environmental Justice (EJ) Program
The Multimedia Planning and Permitting (Multimedia Division) Division is made up of a team
of mangers, Division Director, Deputy, and three Associate Directors- listed below), 13 Sections, two
Divisional Offices: "Border" and "Children Health." Each Associate Director serves as the Division
focal point for EJ activities. In this role, the associates are in the optimum position to expedhiousry
enlist the appropriate Section and staff responses to EJ initiatives and/or to EJ issues. In summary,
the Division has the following structure is in place to support EJ activities:
TITLE
Division Director
Deputy Division Director
Division EJ Coordinator
Associate Director Resource
Conservation and Recovery Act
Programs
Associate Director Air
Programs
Associate Director, Pesticides,
Toxics/ UST/PTU Programs
EMPLOYEE
CarlE. Edhind
BillLuthans
Charles Faultry
Stephen Gilrein
Rebecca Weber
Steve Vargo
RESPONSIBILITY
Overall management of
¥-»•••„_ T?I D—,, .._.—, .
Division KJ rrognun
activities
Overall management of
Division Border Office
Serves as the point of
contact for the Division in
matters related to EJ
Management of the
hazardous waste program
specific EJ initiatives
Management of the air
program specific EJ
initiatives
Management of the toxic,
underground storage tank,
pesticide, and children
health program specific EJ
initiatives
PHONE
NUMBERS
214-665-7101
214-665-6522
214-665-7170
214-665-7135
214-665-6579
-------
In addition to Regional representation, the Multimedia Division also serves as sub-lead for
Environmental Justice and Permitting for the national air program. The Multimedia Division sub-lead
EJ representative is Wendy Jacques and can be contacted at (214) 665-7395. The sub-lead EJ
representative leads a national workgroup that plans to present the above model to Air Division
Directors in order to encourage all states to use it during the permitting process.
General Statement of Divisional;
\
The Region 6 Multimedia Planning and Permitting Division is committed to environmental
Justice, and its integration into all programs, policies, and activities, consistent with existing
environmental laws and their implementing regulations. The Multimedia Planning and Permitting
Division (6PD) carries out its programs consistent with Executive Order (E.O.) 12898 and the Region
6 Environmental Justice Policy within the authority provided by applicable federal law.
DmsioMl Goah/Obiectrves
To ensure that delegated and non-delegated Federal environmental programs are
implemented in aconsistent and appropriate manner regardless of race, culture, education level and/or
income.
To ensure fair treatment of people of all races, cultures, and incomes with respect to the
development, implementation, and enforcement of environmental laws and policies, and their
ifleanjpgfc) involvement in the decision ma icing processes of the government.
Integrate EJ "activities" into all existing Divisional programs and emphasize
community/state/industry outreach and education (all divisional programs)
EJ Population Identification/Analysis
EJ Indei Screening
The Multimedia Division approach is based on the Region 6 EJ Index Methodology for the
identificationofEJ communities/areas. (These identified communities/areas are then considered when
setting program priorities to protect human health and the environment and during program
oversight.). To conduct an impact assessment, the Division uses a four-mile radius about the facility;
the Region 6 methodology for determining EJ status takes into consideration the density of facilities
in the subject area and other factors established by the Region.
In addition to the Region 6 methodology for the identification of EJ communities/areas, the
databases that the Multimedia Planning and Permitting Division uses to determine sources of pollution
in EJ and potential EJ areas are the Resource Conservation and Recovery Information System
-------
(RCRAInfo) including 11 databases, the Hazardous Waste Biennial Report (BR), Aerometric
Information Retrieval System (AIRS), Toxic Release Inventory (TRI), National Asbestos Registry
System (NARS), and Federal Insecticide Fungicide Rodenticide Act (FIFRA) TSC A Tracking System
(FITS).
RCRAInfo is a national program management and inventory system of RCRA hazardous
waste Handlers which contains permitting, enforcement, inspection, corrective action, and facility
information. RCRAInfo is the primary mechanism used by the RCRA program in planning,
forecasting, tracking, and reporting on goals, both at the state and federal level The BR database
contains detailed information, collected biennially from RCRA large quantity generators (LQG) and
treatment storage or disposal facilities (TSD) under the Resource Conservation and Recovery Act
(RCRA), on hazardous waste generation, management, and final disposal.
The AIRS is a computer-based repository of information about airborne pollution in the
United States. AIRS is comprised of four (4) major databases- Air Quality (AQS), Facility (AFS),
Area/Mobile Source (AMS), Geo-Common (GCS) subsystem- and a mapping utility for all airs data
called airs Graphics (AG). The AIRS Facility Subsystem (AFS) contains Aerometric emissions and
regulatory compliance data on air pollution point sources tracked by the U.S. EPA and states and
local air regulatory agencies. Point source data are used by States in the preparation of States
Implementation Plans (SIPs), other delegated regulatory programs and by Emission Factor Inventory
Group (EFIG) for the estimation of total national yearly emissions.
The NARS database was established by EPA in 1989 to store and track national compliance
information on owners and operators of asbestos demolition and renovation activities (as defined in
40 CFR part 61 subpart M) related to the Asbestos National Emission Standards for Hazardous Air
Pollutants (NESHAP). The database contains a listing of all asbestos demolition and renovation
contractors; compliance history, number of times each contractor notified the agency about NESHAP
asbestos activities; number and times each contractor was inspected by states, local or Regional
agencies; and agencies to contact for more information about a contractor. The data is updated
quarterly for AFS. States are required to report contract notifications, resulting oversight and
enforcement.
Section 313 of the Emergency Planning and Community Right-to-Know (EPCRA) established
the TRI Program, a National database that identifies facilities, chemical manufactures and used at the
identified facilities, and the annual amounts of these chemicals released (in route operations and in
accidents and other one-time events) and otherwise managed on-and off-she in waste. Each year,
facilities that meet certain thresholds must report their releases and other waste management activities
for listed toxic chemical to EPA and to the state or tribal entity in whose jurisdiction the facility is
located. Beginning in 1991, covered facilities were required to report quantities of TRI chemical
recycled, combusted for energy recovery, and treated on-and off-site.
The FITS is a national database for the tracking of FIFRA and TSCA enforcement cases and
inspection.
-------
Grant Funding:
In the Multimedia Division grant funding for states, tribes, and other entities is provided
through the hazardous waste, air, pesticide, solid waste, lead-base paint, underground storage tank
and children health programs, in addition, the Division participates in the National Environmental
Performance Partnership Systems (NEPPS), with states having the opportunity to enter into
Performance Partnership Agreements (PPAs) and/or Grants (/PPGs). A key component of the
PPAs/PPGs is the process for joint priority setting and for public participation, which includes EJ
stakeholders. States are encouraged during grant negotiation process to include EJ components.
Each Program Grant Chief ensures that EJ requirements have been incorporated into their program
grants and the special projects.
Each Program Grant Chief administers the grants in coordination with their Associate
Director and media specific program technical staff which provide technical expertise in the
development of work plans and State/EPA agreements and state program oversight.
U.S.-Mexico Border Program
The U.S.-Mexico Border Program is committed to serve all communities along the border;
however, we place special emphasis on those communities that are in need, such as the EJ community
along the border. Our commitment is to meet the EJ needs of the border communities and
stakeholders as well as possible. We facilitate the creation of a two- way communication with the
border community, serve as a liaison to increase EPA access to affected communities, and try to fill
in the gaps of the Border Program regarding EJ. Some of the activities that the Border Program can
conduct, with the assistance of the EJ Office, is conduct extensive outreach activities to inform and
educate the border communities about EJ and to identify their specific EJ needs.
The Border Program also is committed to strengthening the capacity of the border communities to
become organized and articulate their issues and concerns, in order that a meaningful community
participation process can be created so that they will be encouraged to take an active role in
protecting their environment.
Oversight of State Permit Program
• Review 100% of the Prevention of Significant Deterioration air permits.
• Review 100% of the Nonattainment New Source Review air permits.
• Review 100 Title V air permits. We will also focus on Title V permits in nonattainment areas
and potential EJ communities.
• Provide oversight on hazardous waste combustion permits.
• The RCRA program oversight activity is accomplish in partnership with the State Agency and
through technical assistance. In addition to the hazardous waste combustion permits, the
RCRA program provides oversight on all controversial hazardous waste faculties.
-------
RCRA PROGRAM GOALS FOR ADDRESSING EJ
Setting program priorities/targets; Strategy for accomplishing goab
/. Funding RCRA Tribal Grants
The Region 6 RCRA Tribal Program awards approximately $250,000.00 per year to Regional
Tribal Program. Region 6 RCRA Program and the Tribes will continue to identify solid waste and
hazardous waste specific RCRA hazardous waste "implementation" needs and assist in capacity
building. Hazardous waste "implementation" by the Tribes, which was authorized for funding in the
revised 40 CFR Part 35 regulations in February 2001, will not include "O&M" activities, but will
focus on results-oriented projects.
Region 6 and the Tribes will also continue to update the inventory of large quantity hazardous
waste generators (LQGs), small quantity hazardous waste generators (SQGs) and treatment, storage
and/or disposal facilities (TSDFs) on Tribal lands. CIS mapping, conducted to locate and identify
known SQGs and LQGs on or adjacent to Indian lands, will be updated and revised based on Tribal
input and actual field verification.
As Tribal hazardous waste capabilities increase, h is envisioned that the resulting data base
of hazardous waste facilities on Tribal lands will ultimately be maintained by the Tribes. The Region
win meet regularly with Tribal staff to review the compiled information for completeness and
accuracy.
The Region is also continuing to provide additional assistance to the Tribes to build capacity
to develop and implement Tribal hazardous waste programs. The following activities are being
conducted to provide support to the Tribes:
• Hold informational meetings with the Tribal staff to discuss the regulatory, enforcement, and
procedural aspects of the Resource Conservation and Recovery Act and its applicability to
Tribal lands.
Workshops to educate the Tribal community about RCRA in general, especially the
requirements for handling, storing, treating, and disposing of typical hazardous wastes
generated by small businesses. The Region has developed informational brochures specifically
targeted to address hazardous wastes on Tribal lands.
• Jurisdictional/statutory issues associated with the enforcement of RCRA on Tribal lands will
continue to be researched in an effort to identify and resolve potential impedances to
establishment of Tribal hazardous waste programs.
• Region 6 will provide financial assistance as it becomes available and provide technical
assistance as necessary to the Tribes to develop and implement its own hazardous waste
programs.
-------
• Region 6 will conduct meetings with the Tribes as necessary to assist in identifying suitable
hazardous waste "implementation" projects.
2. RCRA Permitting
a. EJ analysis performed - CIS &. RCRA info
The Multimedia Division has developed a RCRA Electronic Query System (REQS). The
REQS is a window-based integrated information system with browsing, report-writing, and querying
functions that supplements the RCRAInfo system. In addition, the REQS incorporates information
from the Biennial Report System (BRS), Environmental Justice (EJ) data, the Texas Voluntary
Cleanup Program (VCP) data, Government Performance and Results Act (GPRA) data, and US
Census data into one desktop system. The REQS allows the Multimedia Planning and Permitting
Division RCRA Program staff to perform a level of data analysis and evaluation that was not possible
prior to the development of this system. This resulted in improved program planning and
performance; analysis of permit implementation and corrective action; inspection targeting and
enforcement tracking; GPRA tracking; environmental justice evaluation; and waste management, etc.
We will evaluate current data in REQS to ascertain program implementation status in the
Region between states, and within states (including EJ and non-EJ population) Specifically, the items
to be measured/monitored include (EJ vs. non-EJ areas): number/types of facilities; length of time to
permit; human exposures controlled, grouarwaterreteased controlled, contctiveactw^
etc.
Risk Assessments
At hazardous waste combustion facilities where the Region is conducting Risk Assessments
for Louisiana or other States, we will continue to use site specific cultural information when
developing our risk assessment assumptions.
The primary steps in risk assessment are problem formulation, risk analysis and risk
characterization. As part of the Region's Environmental Justice Strategy each of these steps has been
enhanced to evaluate potential environmental justice concerns. During problem formulation,
information on demographics of the area being evaluated is gathered and reviewed. Risk analysis is
broken into two primary components, exposure assessment and effects assessment. Information
gathered during problem formulation is evaluated on a she-specific basis to determine if exposure
parameters (e.g. ingestion rates) are appropriate to accurately depict the culture diversity of the study
area. For example, during problem formulation of a recently completed risk assessment it was
determined that a Vietnamese community resided in an potentially effected area. The community was
evaluated and found to have a much higher fish ingestion rate than that which would normally used
in a risk evaluation. Documentation of this increased rate was provided to Region 6 and the
information was incorporated into the risk assessment.
-------
Once the exposure assessment is complete an effects assessment is conducted. Toxicfty
benchmarks utilized in the effects assessment, such as cancer slope factors and reference doses, have
been adjusted on a national basis by a factor of 10 to account for sensitive sub-populations and
cultural diversity. The last phase of the risk assessment process, risk characterization, is the portion
of the assessment where results are presented and interpreted. When appropriate, specific results
related to cultural diversity are discussed along with uncertainties within the evaluation.
3. Public involvement in the RCRA permitting process
The RCRA permitting process has a fairly extensive public involvement process which is
required by the regulations. This includes the relatively new (1995) expanded public participation
regulations.( 40 CFR part 124.31,32,33 and 40 CFR part 270. ). All of the Region 6 States have
adopted the RCRA Permitting Expanded Public Participation Regulations, three (3) are authorized
for h, and all the States are implementing ft.
4. Increased outreach efforts
Options (dependent on additional travel funds and for training materials etc.) Partnering with
States, conduct additional public outreach activities at selected TSDs undergoing permitting, where
the site is in an EJ community or where public concern is high- This will require additional travel
funds.
5. Environmental Clean-up/RCRA corrective action
The vast majority of clean-up of contaminated sites at active RCRA facilities is conducted
under RCRA permits. Therefore, for Multimedia Division, the EJ activities would be part of the
permitting process. Additional public involvement would be required as part of the permitting
process when a clean-up remedy is selected and a class-3 permit modification is done. The public
participation requirements of the permitting process apply to permit modifications as well.
6. Encouragement to the States
Ensure States follow the public participation regulations for the RCRA permitting process.
The need for additional forms of oversight will be identified on a case by case bases.
AIR PROGRAM GOALS FOR ADDRESSING EJ
Air Permitting
We will evaluate the Environmental Justice Screening Analysis developed by the Louisiana
Department of Environmental Quality as a model to determine the potential impacts to the potentially
affected areas. As part of our strategy we will encourage our states/local to use this analysis as they
begin the permitting process. The analysis includes questions that require the permittee to:
-------
• Identify and evaluate adverse environmental effects;
• To conduct a cost benefit analysis of the environmental impact of the project versus the
social and economic benefits;
• To evaluate alternative projects and alternative sites that would offer more environmental
protection; and
• To evaluate any mitigating measures that would offer environmental protection without
unduly curtailing non-envirbmnental benefits.
As sub-lead for Environmental Justice and Permitting, Region 6 is leading a national
workgroup that plans to present the above model to Air Division Directors in order to encourage all
states to use it during the permitting process.
Air Tribal Grants
Region 6 will continue to work with Tribes an^ Pueblos to develop air quality programs. In
2002, extensive outreach, which include a grant workshop, will be provided to tribes that have not
been involved in CAA activities will be completed and grant funds provided as appropriate.
Region 6 is working with the Central States Regional Air Planning (CENRAP) to ensure
appropriate Tribal representation and support for Regional air planning activities.
Air Planning
Will review new State Economic Incentive Programs (Emissions Trading/Banking) to insure
that they adequately address the Environmental Justice requirements of EPA's Economic Inventive
Policy.
Air Monitoring
A primary goal of ambient air monitoring is the evaluation of population exposure to
pollutants. The majority of these population oriented monitors are located in urban and industrial
areas and many of these locations are within EJ communities. Region 6 will be conducting an
analysis to ensure monitors are being utilized to the maximum exposure benefit. Activities currently
being performed that address air quality in EJ areas:
• Expansion of air toxics monitoring efforts in industry dense residential areas (many
of which are EJ areas)
• Region 6 Cumulative Impact Tool currently being developed will provide a method
for scientifically evaluating EJ impacts from air toxics.
-------
• Coordination with citizen groups in Calcasieu and Houston on several community
focused air monitoring projects (Calcasieu VOC/Dioxin Monitoring, Bucket Brigade)
PESTICIDES, TOXICS, UNDERGROUND STORAGE TANK (UST) PROGRAMS GOALS
FOR ADDRESSING EJ
Pesticides Program
The Pesticides Program will continue to address environmental justice in hs work. The
program will target agricultural workers (including migrant workers), low income populations and
tribal populations which are typically under served and disadvantaged. Goals for the program will
be:
• Ensuring all complaints of pesticide exposure to workers are investigated and all Region 6
States are conducting agricultural worker protection inspections,
• Oversight of two projects that prevent illegal and dangerous use of agricultural pesticides in
low income urban settings, and
• Initiation of three projects with Tribes to reduce adverse health risk from pesticides
exposures.
Toxic/Indoor Environment/Children Health Program
The Toxic Program will conduct greater than 10 percent of all EPCRA inspection in EJ areas.
The Children Health Program will promote healthy environments and living places for children
in EJ areas including but not limited to, the Border and tribal nations. Also, the Children Health
Program will conduct outreach to educate school administration, parents, and child care providers
on the HELP for kids program, Mercury in Schools initiative, Radon, Tools for Schools, Sunwise,
Young Farmers Academy, Lead Base Paint, Asbestos, environmental tobacco and smoke initiative,
and the asthma awareness programs. The Region 6 has developed and implemented the Regional
Strategic Children Health Plan that ensures healthy environments and living places for children. The
Region 6 Strategic Children Health Plan will be made available upon request.
The Indoor Environment Program will make the communities and tribes aware of all grant
opportunities that they are eligible to pursue including lead based paint, radon, and indoor
environments grants. In additional, Indoor Environment Program will continue to provide funding
for tribal participation in radon and indoor environments programs, as well as the lead based paint
program.
Solid Waste
The Region's overall goal is for the Tribes to become self-sufficient in
managing their solid waste program. It is anticipated that it will take several years to
reach this goal. The Region plans to continue to use a consortia approach. There are
9
-------
65 recognized Tribes in Region 6. The All Indian Pueblo Council (AIPCyPOEP
represents 19 Pueblo Tribes in New Mexico and the Inter-Indian Tribal Environmental
Council (ITEC) represents 31 of the Tribes in Oklahoma. By using these two
consortia the Region can leverage limited resources to provide technical assistance to
individual Tribes. During the past two years the Region has developed technical
expertise regarding the solid waste program in both consortia. The Region 6 will
continue to provide the following tribal assistance:
Provide Cherokee Nation with landfill design flexibility as allowed by 40 CFR
• Assist Nambe and Northern Eight Tribes in designing a landfill to fulfill their
long term solid waste management plans.
Work with BIA, IHS and other federal agencies to provide monies and
technical assistance to properly close high priority open dumps.
• Provide guidance to tribes on design and operation of transfer stations.
Underground Storage Tanks
The Underground Storage Tanks Program will ensure that 1 4 percent Federal
inspections will be conducted in tribal areas.
IV. Reporting (semiannual)
The following activities will be reported semiannual:
• Report the number oflow- income/minority communities the hazardous waste,
air, pesticide, solid waste, lead-base paint, underground storage tank and
children health programs provided assistance and outreach efforts.
• Report the number of water related issues/concerns received by the
Multimedia Division from low income/minority communities.
• Report the number of low-income/minority communities and Tribes provided
grant funds and technical assistance by the hazardous waste , air, pesticide,
solid waste, lead-base paint, underground storage tank and children health
programs.
(Generic reporting will be covered in the Region 6 overall Strategy in lieu of
in the individual Division Strategies.)
10
-------
6
-------
10-15-01
I. Background
Structure of EJ Program
DRAFT SUPERFUND DIVISION
STRATEGY ENVIRONMENTAL JUSTICE
The Superfund Division has an Environmental Justice (EJ) Representative who serves: 1)
as the point of contact for the Division in matters related to EJ and 2) as the Division's
representative on the Region 6 EJ Workgroup. This position is within the Division Director's
immediate office and facilitates communication with division management and division
branches. The current Division EJ Representative position is vacant.
Each branch chief serves as the branch focal point for EJ activities. The branch chief is i»
the optimum position to expeditiously enlist the appropriate Section, team and staff responses to
EJ initiatives and/or to EJ issues. The following structure is in place in the Division:
TITLE
Division Director
Deputy Director
Branch Chiefs
Section/Teams/Staff
EMPLOYEE
Myron Knudson
Pam Phillips
Charlie Gazda
Betty Williamson
Wren Strenger
Bill Honker
RESPONSIBILITY
Overall management
of Division EJ
Program activities
Deputy Director
Manage EJ program
specific initiatives
Response &
Prevention Branch
Program
Management Branch
LA/NM/OK Branch
AR/TX/OK Branch
Consider EJ interests,
incorporating EJ in
program processes.
PHONE
NUMBERS
214-665-6701
214-665-6701
214-665-2270
214-665-2241
214-665-6583
214-665-3187
-------
Historical Background of E.T Accomplishments
Due to the nature of work in the Superfund Division Environmental Justice (EJ) issues
were being addressed prior to the formation of a formal program. In order for the Region to be
responsive to the communities, it has been important that the affected community be informed
and consulted throughout the superfund process. It has also been important to look for creative
uses for existing resources in order to maximize the achieved effect. In the Superfund Division,
these resources have provided a vehicle to provide information and education to the community
resulting in more effective community input into the process, and tools which have allowed the
Region to address community concerns.
Division Goals/Ob iectives Pertinent to E.I
This plan is intended to provide employees of the Superfund Division engaged in
removal, remedial, site investigation, oil pollution response and supporting activities with general
guidelines on implementing Regional and Agency policy on Environmental Justice into these
activities. These guidelines will be implemented on a site-by-site basis, and it is not expected
that they will cover all situations or issues which will be encountered. These guidelines may also
need to be applied differently depending upon the immediacy of the threat encountered.
The Superfund Division carries out its programs consistent with Executive Order (E.O.)
12898 and the Region 6 Environmental Justice Policy within the authority provided by
applicable federal law. In each program, the Division strives to ensure fairness in its actions.
Major Division actions are evaluated with respect to Agency EJ responsibilities and the statutory
and regulatory provisions under the Clean Water Act (CWA) and the Comprehensive
Environmental Response, Compensation, and Liability Act.
With the goal of carrying out the Division programs consistent with the E.O. 12898 and
the Region's EJ Strategy, the Superfund Division ensures that all citizens are protected equitably
under it's programs. The CWA and the CERCLA and the associated regulations do not
discriminate based on ethnic, economic, or other characteristics of an area or community. During
annual program planning, commitments are made to provide assistance in EJ areas for which the
Division is responsible (program areas that have not been delegated to the states/tribes) and to
assist states/tribes with their work in EJ areas.
In addition to working with the states and tribes on CWA and CERCLA activities, the
Superfund Division's goal is also to cooperate with other EPA programs and other Federal
agencies in striving to achieve environmental equity to the maximum extent possible.
To a great extent the priorities of the Division are set by the relative threat posed by the
various sites identified. However, the Division will carefully look at the threat posed to any
identified EJ community and will carefully look to assure that those communities are afforded
-------
equal treatment in the allocation of resources to address such threats. In addition, the Division
will consider the risks posed by other environment sources which affect the community. While it
may not always be able to address those additional risks, the Division will determine whether the
additional risk would require the site to be given a higher priority for funding or if the additional
risk indicates that a different response is appropriate.
II. EJ Population Identification/Analysis
The first step to be taken is the identification of all EJ sites. All EJ sites, as defined by
the Regional EJ policy, will be identified at the earliest reasonable point in the process. For
remedial sites, this activity should be completed during the site investigation. Early
identification will provide the opportunity for the community to provide input into the listing of
the site, and to be involved in resulting site activities and decisions.
For removal sites, this activity will be completed as early as immediacy of the threat
allows. In the case of emergencies and oil pollution responses, the activity may not be
completed until after the threat is addressed. But in all other actions, the activity should be
completed before signing the action memorandum. Once a determination is made regarding
new or existing sites, that information will be recorded in CERCUS.
HI. Program Goals for Addressing EJ
1. Enforcement -NA
2. Environmental Clean-up - NA
3. Corrective Actions - NA
4. Encouragement to the States: While the Superfund Division cannot require the states
and local governments to comply with the EJ Executive Order, the Division will work
with the states and local governments within the Region to encourage them to comply
with the goals of the EO. This will be especially important as more of the sites are
addressed through Brownfields and voluntary cleanup programs. While most of these
programs do not include the very elaborate community involvement required by the
federal program, the Division will work with the states and local government to assure
that the communities have a voice in the protection of their health and the environment.
The Division will also coordinate with other federal, state and local authorities to address
issues and concerns raised by the community. In many cases, the primary concerns
identified by a community cannot be addressed under programs administered in the
Division. In those cases, the Division will attempt to identify the appropriate authority, if
any, which can provide assistance to the community, and will relay those issues or
concerns to the appropriate authority . If appropriate, the Division may also act to
-------
facilitate interaction between the community and the authority.
5. Public participation
The Superfund program currently conducts extensive efforts to assure community
involvement. Those activities must continue. In addition, the Superfund Division will look to
the opportunities to enhance those activities, and to more carefully target them to the needs of EJ
communities. In particular, the Division will look for ways to provide education to the
communities which will better prepare them to participate in the process to address threat, and to
more effectively express their needs and issues during the process. Education should be
customized to fit the individual community and may include:
the administrative process and how it directly affects the surrounding community;
the rule, regulation and guidance applicable to a particular activity;
the technical process and its implications;
risk assessment and how it affects remedy decisions;
investigation and studies to be performed and why they are important;
the community participation process;
opportunities for other assistance, including both EPA and other resources;
the enforcement process and what it means to getting the site addressed; and what the
EPA can and cannot do - realistic expectations.
The Division will consider other techniques for enhancing community involvement,
including the appointment of Community Advisory Groups, and will use them where
appropriate. The goal must be to give the community meaningful opportunities to participate in
decision making. The decision most directly affect their lives, and they should have a say in the
outcome.
IV. Reporting
As determinations regarding new or existing sites are made they are entered into
CERCLIS. This provides a current up to date list of the Superfund Division actions
involving Environmental Justice issues.
-------
7
-------
Rev: 01/2002
Environmental Justice Implementation Strategy
Management Division
L Background
The primary function of the Management Division is to be the focal point of internal assistance
and service related functions for our customers. These functions include strategic planning,
quality assurance budgeting, accounting, information technology, and management of human
resources, facilities, records management and administrative support. All functions within the
Division are committed to supporting the Environmental Justice Program under stated roles and
responsibilities.
n. Program Goab by Branch
Environmental Services Branch (Houston Laboratory)
The Houston Laboratory is a state-of-the-art facility which maintains quality-trained personnel on
the latest techniques used in assisting programmatic customers. The Lab is responsible for
providing data analysis on samples as requested by Programmatic Divisions. The Lab itself does
not generate requests for sampling, but will provide full support for any data requests related to
EJ.
Resource Branch
The Resource Branch houses the budget, planning, accounting, procurement and grants functions.
The Grants team provides support in processing EJ grants as prepared by the Programmatic
Divisions.
Information Branch
The Information Branch provides technical support in the areas of personal computers,
information technology, web authoring and mainframe communication. The Branch's customers
are at the Regional and Headquarters Level.
Administrative Services Branch
The Administrative Services Branch provides support to the in-house, regional workforce in the
areas of Facilities Management and Human Resources. Besides acting as the liaison to Building
Management and handling all facility needs, this branch provides personnel services to include
training. Part of that activity relates to recruitment of qualified candidates to fill job opportunities
offered here in the Region.
-------
Border XXI Efforts:
The following Memorandums of Understanding are in place which serve the Environmental
Justice Community:
Langston University in Langston Oklahoma is a member of the Black Historical Colleges and
Universities (BHCU) Association and is located 30 miles northeast of Oklahoma City. EPA has
developed a specific plan of action with Langston Officials to address environmental projects,
education, and environmental justice issues in the area.
• Goal: To provide guidance, and as needed, training to equip Langston University
with the tools necessary to address environmental projects, education and as
necessary environmentaJ justice issues in the area. Estimated completion date:
ongoing
The University of Texas at Brownsville is a member of the Hispanic Association of Colleges and
Universities (HACU) Association and is located at Brownsville, Texas. EPA has a workgroup
currently working on the development of a plan of action specifically tailored for environment
education, environmental projects, and environmental justice issues in the lower Rio Grande
Valley.
• Goal: To provide guidance and assistance in the development of the universities'
plan for addressing environmental projects, education, and as needed
environmental justice in the Lower Rio Grand Valley. Estimated completion date:
ongoing
Border XXI Environmental Information Resources Workgroup
Wire the Border Project - A project in conjunction with the U.S. Mexico Chamber of
Commerce to equip four border communities along the U. S. Border with computers to
access the Internet for environmental information.
• Goal: To provide the communities along the U.S. Mexico Border a means of
accessing environmental information. Estimated completion date: June, 2002
-------
Rev: 01/2002
Border XXI Web She
A one stop web site for communities and others searching for specific environmental
information.
• Goal: To provide environmental information specific to the U.S. Mexico Border
and other environmental information as requested. Estimated completion date:
June, 2002
Contact for Border XXI goab: Sam Balandran 214-665-8051
HI. Summary
While the primary function of the Management Division is support of our Regional Program
Divisions and our Headquarters Counterparts, the Division is committed to doing all it can to
enhance quality of life for EJ communities. With input from the programs and the Environmental
Justice Office, efforts, though limited, within our scope of authority will be targeted for EJ
communities where possible.
IV. Reporting
Data will be provided on a semi-annual basis from the Administrative Service Branch and the
Border XXI contact to determine progress in accomplishing the stated goals.
-------
8a
-------
July 21,1998
MEMORANDUM
SUBJECT: Environmental Justice - Final "Practical Objectives"
FROM: Samuel Coleman, P.E. /s/Sam Coleman
Director, Compliance Assurance and
Enforcement Division
TO: Division Directors
Attached for your use is the final "Practical Objectives of EJ Implementation in Region 6"
As you recall, each Division agreed to use this framework document to develop a proposed plan
for EJ implementation. Division plans must be completed and submitted to this office by
August 21,1998. A briefing with the Deputy Regional Administrator will be scheduled to
discuss proposed implementation plans sometime in late August (we win notify you when a
specific date is scheduled).
Please contact Shirley Augurson at 5-7401 if you have questions or concerns regarding
this document.
Attachment
cc: Greg Cooke, 6RA
Jerry Clifford, 6DRA
EJ Workgroup
6EN:SAugurson:7/2 l/98:l:798ejmemo
-------
8b
-------
ATTORNEY WORK PRODUCT
PRIVILEGED & CONFIDENTIAL
Final: C:EJreg6:5/22/98L:/EJreg6.798 - 7/21/98
Practical Objectives of EJ Imphaneatatioii in Region 6
Purpose:
This document provides a general framework for the development of a comprehensive
Regional plan for imptementatioa The Regional Environmental Justice (EJ) Implementation Plan
will consist of Division specific approaches for implementation that are consistent with the
practical objectives.
Background
1. The Executive Order on Environmental Justice does not create any new authorities or
powers.
2. It does, however, call upon all federal agencies to identify and address, as appropriate,
disproportionately high and adverse human heahh or environmental effects of its programs,
policies, and activities on minority and low income populations "to the extent practicable and
permitted by law." (E.O. 12898 at section 1-101.)
3. The E.O. specifically calls for an environmental justice strategy that, at a minimum, -
serves to: "(1) promote enforcement of all health and environmental statutes in areas with
minority populations and low-income populations; (2) ensure greater public participation; (3)
improve research and data collection relating to the heahh of and environment of minority
populations and low income populations; and (4) identify differential patterns of consumption of
natural resources among minority populations and low income populations." (E.O. 12898 at
section 1-101.)'
Assumptions in Developing an Regional EJ Policy
1. The E.O. is not a separate source of legal authority. (See the Administrator's decision
on the Shintech CAA Title V petition in September 1997, where EJ claims were rejected because
they did not show a violation of the underlying statute.)
2. The Agency has a commitment under the E.O. to address EJ concerns, to the extent
the Agency has authority and discretion (e.g., in implementation of EPA policy).
1 The Region is currently using the definition of minority and tow income populations
developed by the Interagency Working Group on Environmental Justice (See attachment.)
-------
3. The Agency has no authority to require States to comply whh the E.G. However,
States receiving federal assistance have an independent legal obligation to avoid adverse and
discriminatory impacts on minority populations (see Title VI of the Civil Rights Act), and thus
EPA should actively attempt to assist States in understanding ways to achieve compliance with
Title VI (and, coincidently, with EJ principles). However, the Region should be careful not to
make public statements on potential disparate impact, as such statements could be used as a basis
for suit against the State. (Any oversight of a State's compliance with Title VI should be
carefully coordinated with the EPA Office of Civil Rights, and should not be the subject of public
statements.)
Practical recommendations for ways to implement an EJ policy in Region 6
1. Incorporate Environmental Justice principIes,(Le., evaluate population demographics,
determine impacts on EJ population) in establishing Regional priorities and goals, e.g., in
developing agency plans, defining accomplishment targets, identifying communities in need of
technical assistance grants or other funding priorities.
2. Incorporate Environmental Justice principles in setting targets for investigations,
inspections, and EPA enforcement actions.
3. Incorporate Environmental Justice principles in the settlement of EPA enforcement
actions involving faculties within 4 mites of an EJ community, (e.g., when identifying
Supplemental Environmental Projects (SEPs)).
4. Incorporate Environmental Justice principles for environmental cleanup and corrective
actions (e.g., consider whether there are EJ communities within 4 mites of potential Superfund
sites when setting Regional targets for Superfund cleanups, site assessments, preliminary
assessments).
5. Provide additional opportunity for public awareness and insure effective participation
in EJ communities affected by Federal actions (e.g., NEPA reviews, direct Federal permitting
actions, Federal Superfund actions).
* Guidance should define a minimum amount of public education/participation, and then
set out expanded public participation recommendations for highly contentious situations.
6. Ensure appropriate technical review and oversight of State-issued permits and State
enforcement programs, on EJ communities within 4 mites of major pollution sources. Ensure,
among other things, that permits in EJ communities are sufficiently stringent to address EJ
factors, and that State enforcement actions are occurring in EJ communities as well as non-EJ
communities.
7. Incorporate EJ principles in setting priorities for the issuance and review of EPA
permits (e.g., ensure that permit modifications that improve the efficiency of facility operations
and reduce emissions are processed quickly in impacted EJ communities).
-------
8. Assist States in understanding which communities are EJ communities, and in
understanding the menu of possible ways a State could address EJ concerns. These steps should
help State recipients of Federal grant funding comply with their legal obligations under Title VI of
the Civil Rights Act (and to avoid litigation and liability under Title VI).
9. Encourage States to develop active EJ programs of their own to promote consistency
across Region 6 EJ programs at both the State and Federal level
10. Improve research and data collection relating to health effects on minority and low
income populations.
-------
8c
-------
AagMt9,2001
MEMORANDUM EPA MAIL
SUBJECT: EPA's Commitment to Environmental Justice
TO: Assistant AdmniisUatois
General Counsel
Inspector General
Chief Financial Officer
Associate Administrators
Regional Administrators
Office Directors
The Environmental Protection Agency has a finn commitment to the issue of
environmental justice and its integration into all programs, policies, and activities, consistent
with existing environmental laws and their implementing regulations.
The Agency defines environmental justice to mean the fair treatment of people of all
races, cultures, and incomes with respect to the development, implementation, and enfbr
of environmental laws and policies, and their p^fllrinffvl lHYPlvement in the decisionmaking
processes of the government Among other things, this requires the following:
(a) Conducting our programs, policies, and activities that substantially affect
human health and the environment in a manner that ensures the fair
treatment of all people, including minority populations and/or low-income
populations;
(b) Ensuring equal enforcement of protective environmental laws for all
people, including minority populations and/or low-income populations;
(c) Ensuring greater public participation in the Agency's development and
implementation of environmental regulations and policies; and
(d) Improving research and data collection for Agency programs relating to
the health of, and the environment of all people, including minority
populations and/or low-income populations.
In sum, environmental justice is the goal to be achieved for all communities and persons
across this Nation. Environmental justice is achieved when everyone, regardless of race, culture,
or income, enjoys the same degree of protection from environmental and health hazards and
equal access to the decision-making process to have a healthy environment in which to live,
learn, and work.
-------
-2-
The purpose of this memorandum is to ensure your continued support and commitment in
administering environmental laws and their implementing regulations to assure that
environmental justice is, in fact, secured for all communities and persons. Environmental
statutes provide many opportunities to address environmental risks and hazards in minority
communities and/or low-income communities. Application of these existing statutory provisions
is an important part of mis Agency's effort to prevent those communities from being subject to
disproportionately high and adverse impacts, and environmental effects.
In the National Environmental Policy Act of 1969 (NEPA), Congress could not have been
any clearer when it stated that it shall be the continuing responsibility of the Federal government
to assure for all Americans "sate, healthful, productive and aesthetically and culturally pleasing
surroundings.**
Integration of environmental justice into the programs, policies, and activities via
Headquarters/Regional Office Memoranda of Agreements and Regional Office/State
Performance Partnership Agreements is an Agency priority. The Director of the Office of
Environmental Justice, Barry E. Hill, and his staff are available to assist you. Barry Hill can be
reached at (202)564-2515.
I am positive mat each of you will join me in working to secure environmental justice for
all communities.
Christine Todd Whitman
-------
8d
-------
THE WHITE HOUSE
WASHINGTON
February 11,1994
MEMORANDUM FOR THE HEADS OF ALL DEPARTMENTS AND AGENCIES
SUBJECT: Executive Order oo Federal Actiocs to Address Enviicmaertal Justice m Minority
Populations and Low-Income Populations
Today I have issued an Executive Order on Federal Actions to Address Environmental Justice m
Minority Populations and Low-Income Populatkxis. That order is designed to focus Federal
attffntion on the environmental *™^ human health c^nditvyff in "*i«*fn-i*y {
tow-income communities with the goal of achieving environmental justice. Hut order is also
intended to promote non-discnmmation in Federal programs substantially afiectmg laiiiiaii health
and the environment, and to provide minority i
to public information on, and an opportunity tor pubbc participation m, matters trial ing to
t f>cMij|^ or the envrronment*
The purpose of this separate memorandum is to underscore *'^1**in provision of existing law that
can help ensure mat all communities and persons across this Nation five ma sate and healthful
environment Environmental and civil rights statutes provide rnany opportum^ies to address
JQ rnifKMJty fxrniTn^tify *ivi low-income cQimiMm*ties- Application of
these existing statutory provisions is an important part of mis Administration's efforts to prevent
those minority communities and low-income commuru^es trom being subject to
disproportionately high and adverse environmental effects. I am therefore today directing that
all department and agency beads take appropriate and necessary steps to ensure that me .
following specific directives are implemented immediately:
In accordance with Title VI of the Civil lights Act of 1 964, each Federal agency shall ensure that
all programs or activities receiving Federal finwcigl assistance trfft affect human health or the
environment do not directly, or through contractual or other arrangements, use criteria, methods,
or practices that discriminate on the basis of race, color, or national origin. Each Federal agency
shall analyze the environmental effects, including human health, economic and social effects, of
Federal actions, mrTi**i"g effects on minority communities and low-income communities, when
such analysis is required by the National Environmental Policy Act of 1 969 (NEPA), 42 tLS.C
section #321 et seq. . Mitigation measures outlined or analyzed in an environmental assessment,
environmental impact statement, or record of decision, whenever feasible, should address
and adverse environmental effects of proposed Federal actions on minority
imunities and low-income communities.
Each Federal agency-shall provide opportunities for community input in the NEPA process,
-------
including identifying potential effects and imtig«ionineasu«$incoosol«ioowiihtflfccted
communities and mmroving the accessibflity of medJngs.aurialdocamais, and notices.
• •
The EDvnomiental Protects
Tbe Environmental Protection Agency, TOO rcwni, «»«««««-.<-- .^^ZTIZn
of other Federal agencies under section 309 of the Oean Air Act, 42_US.C aectton 760, snafl
ensure that the involved agency hasfi^analyzrfenviioiimentaleffccBoninmo^
comnipnitiesandkwHiicomec^^
iniumity cuuiuunhies and
communities, has adequate access to pobhc mfoonationielan^ to human health o
tal
„.«««-«— planning, regulations, and cnibnxnietfvAenreTiired under ^Freedom of
Information Act, 5 U.S.C. section 552, the Sunshine Act, 5 U.S.C. sectko 552h, and me
Emergency-Planning and Community Right-to-Know Act, 4213JS.C. section 11044.
Tnis memonDxhim is intended only to inarovetheintenudnianageniertof^
and is not intended to, nor does it create, any rigfrt, beijefi%ortnistnapoiisiT>flity. Mtortive<
procedunl. enforceable at law or equity by a party against the United States, hs agencies, its
officers, or any person.
William Clinton
-------
8e
-------
February 11,1994
EXECUTIVE ORDER
FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY
POPULATIONS AND LOW-INCOME POPULATIONS
By the authority vested in me as President by the Constitution and the lews of die United
States of America, it is hereby ordered as follows:
Section 1 .1 . IMPLEMENTATION.
1-101. Agency Responsibilities. To the greatest extent practicable and pennitted by
law, arKlconsistnit with tbeprii^l« set forth In tbe report on die National Perfonnance
Review, each Federal agency shall make achieving environmental justice part of its mission by
identifying and addressing, as appropriate, disproportooatdy high aol adverse hmnan health or
effects ox its programs, policies, and activities on mnadUy popuiauuiu atul low-
populations in tbe United States and its temtoricTand possessions, the District of
Columbia, the Commonwealth of Pueno Rico, and the Coounonweam^ of the Mvian islands.
(a) Within 3 months of the date of mis order, me Admjmstrator of the Environmental
Protection Agency f Adnnmstrator") or the Administrator's des^
Iitferagency Feoenl Woiking Gnxn; on Etrvirom
Working Group shall comprise the heads of the folkwrjgexecon\T agencies and offices, or their
designees: (a)Department of Defense; (b) Department of Heahh and Human Services;
(cpepartment of Housing and Urban Development; (d) Department of Labor; (e) Department of
Agriculture; (f) Department of Transportation; (g) Department of Justice; (h) Department of the
Interior, (i) Department of Commerce; Q) Department of Energy; (k) Environmental Protection
Agency, ( 1 ) Office of Management and Budget; (m) Office of Science and Technology Policy,
(n) Office of the Deputy Assistant to the President for Environmental Policy, (o) Office of the
Assistant to tbe President for Domestic Policy; (p) National Economic Council; (q) Council of
Economic Advisers; and (r) such other Government officials as the President may designate
The Working Group shall report to the President through the Deputy Assistant to the President
for Environmental Policy and the Assistant to the President for Domestic Policy.
(b)The Working Group shall: (1) provide guidance to Federal agencies on criteria for
identifying disproportionately high and adverse human health or environmental effects on
minority populations and low-income populations;
(2)coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal
agency as it develops an environmental justice strategy as required by section 1-103 of this order,
in order to ensure mat the administration, interpretation aad enforcement of programs, activities
-------
arc undertaken in a
inna
di by. and tl'niinliliint uuuueiilkm among, flic
Environmental Protection Agency, tbe Dcp«tincmofHeaM»and
Dqwtment of Boosing and UAmDevel^^
olber activities in accordance with aection 3-3 of this order;
(4) assist in coordinating data collection, required by tins order,
(5) examine existing data and stores on environmental justice;
hold public meetings at required in section 5-502(d) of this order, and
(7) devdopixrteragency model projects on orviroiimental justice that evidence
cooperation among Federal agencies.
gency Strategies. «.'„._, A.n.u^Wm
(a) Except as provided msection 6-605 of tins order, each Fedend agency sbril develop
an agency-wide emdronmental justice strategy.as set fottfa in subsections (b)-(e) of to secuon
that identifies aol addr«ses disproportkin^
effects of its programs, policies, and activities on niinorh^ popdatwos and low-inccmie
populations. The environmental justice strategy shall list jrograms, policies, ptennng and pubto
^}a
participation processes, enfoi
cemen
, ,
envn»iienl4atriiouldbeievisedto,Mainin^^ (1) promote enfo
cjviromncnttl statutes in areas whh minority jwpulationsaixllovAiwxm
ensirognaflerpubUcparticqMtkm; (3) improve research and data collection retating to *e
heate of and environmeiit of minority population
differential patterns of consunn^ion of Mftiral reso«c^
jKome populations. In addition, the environmental justice strategy shall include, where
appropriate, a timetable for undertaking identified revisions and consideiation of economic ana
social implications of the revisions.
(b) Within 4 months of Ac date of thisorder, each Federal agency shall identify an
internal administrative process for developing its environmental jiistice strategy, and shaflmfonn
the Working Group of the pn
(c) Within 6 months of the date of this order, each Federal agency shall provide the
Working Group with an outline of its proposed enviromnental justice strategy.
(d) Within 10 months of the date of mis order, each Federal agency shall provide the
Wr^v^g Group with hs proposed environmental justice strategy.
(e) Within 12 months of the date of mis order, each Federal agency shaU finalize its
environmental justice strategy and provide a copy and written description of its strategy to me
Working Group-. During the 12 morith period from tbe date of this order, each Federal a^icy,
part of hs environmental justice strategy, shell identify several specific projects that can be
-------
tal justice strategy, and a schedule fbr
dimqg m
(f)
Wetting Group op its progress in implementing its agency-wide envirounvntaJjustk* strategy
(g) Federal agencksshaD preside addraV^perwdkrepom
requested by the Waiting Group.
1-104. Reports to The President. Wrihin 14 months of the date of this order, the
DdKY ^*SSISuBtt »0 tD6
resident for Domestic
i of this order, **** im'-1Mi*M die final
Btal justice strategies described in section l-103(e) of this order.
1-104. Reports to The President Whlim 14 months of the date of this 01
Working Group shall submit to the President, through the Office of the Deputy AJ
PresklemforEnvirwmxntalPolk^arjdtheOfBceofn^
Policy, a report that describes the inrotementatioo of this order, and mdndes the fi
Sec. 2-2. Federal Agency p^pftnnMKtigs Far Ftedepi P»y«ng Each Federal agency
shalJ conduct its programs, policies, and activities th^
environment, in a manner Oat ensures that such programs, policies, and activities do not have tb
effect of excluding persons (including populations) from participation m, denying persons
(induding populations) the benefits at, or subjecting persons (mchidmgpopdatioos)to
discrimmation under, such, ptogiaius, policies, and activities, because of their race. Color, or
national origin.
-3. Re****ffr Tht ^ Analysis
Human Hmfrfa ajrf JywhonmcjftDl KcKgrth Bfld
(a) EnviromnentaJ human health research, whenever practicable and appropriate, shaD
include diverse »f^'tr««^ of die population in epidenuological and cfimcal studies, induding
segments at high risk from environmental hazards, such as minorhy populations, k>v^mcome
- populations and workers who may be exposed to, substantial environmental hazards.
(b) Environmental human health analyse*, whenever practicable and appropriate, shall
identify multiple and cumulative exposures. :
(c) Federal agencies shall provide minority populations and low-income populations the
opportunity to comment on the development and design of research strategies undertaken
pursuant to this order.
3.302. Human HttM1 V"$\ ^"V""nnynti!l P^ta Coll|ffitip^ *"^ Analvrig To th
permitted by existing law, including the Privacy Act, as amended (5 U^.C section 552*):
(a) each federal agency , whenever practicable and appropriate, shaD collect, maintam,
and analyze information «»*«^«»"g and comparing environmental and human heahh risks borne
by populations identified by race, national origin, or income. To die extent practical and
appropriate. Federal agencies shall use this information to detenninewriether their programs,
policies, and activities have disproportionately high and adverse human health or environmental
-------
fnff'*} on mmuuty popuiatuu* ami low-income popnlil ^
(b) In connection, wit
section 1-103 of this order, each Federal agency, whenever
collect, maintain ind analyze mfi'H ination OP the race, national origin, vubowt level, IPO other
Kf* of agency ilialcgjes in
to havp Wr^tt^*1***' fn^iiiffwi^iT**', nun1*?! n^*"ri. or economic ^nArt oo to
Ml
public unless pnoibhed by law; and
(c) Each Federal agency, whenever practicable and appropriate, shall collect, maintain,
«M! analyze information on the race, n****^* origin, iiKCTnf level, and other readily accessible
«nd appropriate infonnatioo for areas sunoimding Federal fi«lhie$4at are: (1) subject to the
rqxictmg requirements under the Emergency Planning and Community Right-to-Know Act,
42 U.S.C. section 1 1001-1 1050 as mandated in Executive Order No. 12S56; and (2) expected to
have a f***«"*«i environmental, human health, or economic effect on surrounding populations.
Such infimn«ti<"T yMll be TTHVV available to the pubtic unless prohibited by law.
(d) In carrying out the responsibilities in mis section, each Federal agency, w
practicable and appropriate, shall share information and climinatf unnecessary duplication of
efforts through the use of existing data systems and cuupaaUve agreements among Federal
agencies and with State, local, and tribal governments.
Sec. 4-4. Subsistence Consumption Of Fish And Wildlife.
4-401. Consumption Patterns. Inorder to assist in identifying the need for ensuring
protection of populations with differential patterns of subsistence consumption offish and
wildlife, Federal agencies, whenever practicable and appropriate, shall collect, maintain, and
analyze information on the consumption patterns of populations who principally rely on fish
mdArr wildlife for subyifr^T"** Federal agencies shall communicate to the public the risks of
those consumption patterns.
4-402. "Guidance. Federal agencies, whenever practicable and appropriate, shall work
in a coordinated manner to publish guidance reflecting the latest scientific information available
methods for evaluating the human health risks associated with the consumption of
pollutant-bearing fish or wildlife. Agencies shall consider such guidance in developing their
policies and rules.
gee. S-S.
(n) The public may mibmft rrrrmmfn^tior^ to F******1 »£«««* relating to me
hxorporation of environmental justice principles into Federal agency programs or policies.
Etch Federal agency shall convey such recommendations to the Working Group.
(b) Each Federal agency may, whenever practicable and appropriate, translate crucial
-------
public documents, notices, and bearings relating to homo berth or tteesvixomnett fee limited
(c) Each Federal agency shall work to eusute nut public douiuifiBX notices, MB bmiug
rCuCtmC tO human health Of the COVSOQOQCOt aTC
to the public
(d) The Workmg Group shaUhoM public nxetin^ me purpose of
teeeivmg pihlig eAmment^ and etinJiieliqg iuqi
justice. The Working Group shall prepare for pubtic review a wnnMiyoftbeco«nmentt«id
iTffuninCTidiitiOTt^ discussed it tbc public iitf^"11^*
Sec. 6-6. General Provisions.
6-601. Responsibility for Agency frnptementttioiL The bead of each Federal agency
shall be responsible for ensuring cong)liancc wife unsonier. Each Federal agency dull conduct
internal reviews and take such other steps as may be necessary to intHih^coo^iance with this
order.
6^02. Executive Order No. 122SO. This Executive order is intended to supplement but
not supersede Executive Order No. 12250, which requires consistent and effective
implementation of various laws prohibiting discriminatory practices in prufpaius receiving
Frdrral finyr*''*1 •««ctimr». XWhm£ t^rgm Aall limit tfae effect or mandate of Executive Onto
No. 12250.
6-6Q3. Executive Order No. 1287S. This Executive order is not intended toKmhthe
effect or mandate of Executive Order No. 12875.
6-604. Scope. For purposes of this order. Federal agency means any agency on the
Working Group, and such other agencies ^as may be designated by the President, that conducts
any Federal program or activity that substantially affects human health or the enviioiinient,
Independent agencies are requested to comply with the provisions of this order.
6-605. Petitions far Exemptions. The bead of a Federal agency nay petition the
President for an exemption from the requirements of this order on the grounds mat all or some of
the petitioning agency's piugiams or activities should not be subject to the lequiiemeuts of mis
order.
6-606. Native American Programs^ Each Federal agency responsibility set form under
this order sMI apply equally to Native American programs. In addition the Department of the
mterior, in coordination with the Working Group, and, after consuhationwhliliiballe&d^sian
coordinate steps to be taken pursuant to this order mat address Federally- recognized Indian
Tribes.
6-607. Costs. Unless otherwise provided by law, Federal agencies shall assume the
al costs of complying with mis order.
-------
fijfflg. Gaml Federal agencies shaD uuptemealtais order consistent with, and tc the
at pennhted by, enstn
ly to inipf c»vg the ia*c
of die executive bnpdi and is not intended to, nor does it create any rifta, benefit, or
i sunstsnovc or procedonu* cnfbfoenic it hw or vifuily by • fMfly ^yinsit i
Unrted States, its ageooo, its officers, or any pcijou. Tins order snaO not be construed to <
any right to judicial review invorving the comj jfiimr or noocornpKanfy of flic United Slates, its
fyr**'*6. its ofBcers, or any other peison wilh DBS order.
William J.Clinton
THE WHITE HOUSE,
February 11,1994.
-------
8f
-------
February 25, 2002 (6:30PM)
OFFICE OF ENVIRONMENTAL JUSTICE
REGION 6
I. Introduction
II. Mission
III. Vision
-------
February 25,2002 (6:30PM)
Introduction
Environmental Justice refers to the pledge or assurance that no population will endure a
disproportionate share of the country's pollution. There is evidence that minority and low
income communities are exposed to more environmental pollutants than the general population.
With an Executive Order, signed in February of 1994, EPA has set out to address the
disproportionately high and adverse human health or environmental effects of programs, policies
and activities on minority populations and low-income populations.
Early in the genesis of Environmental Justice movement within the Environmental Protection
Agency, Region 6 took a leadership role. Contained within the five-state Region are some of the
most serious Environmental Justice issues facing our country today. With some 1200 miles of
the U.S. Mexico Border, 60 percent of petro-chemical manufacturing capacity in the United
States, in a region that generates 40 percent of all the hazardous waste in the Nation and
disposes or treats 45 percent of the nation's hazardous waste, Region 6 has a major role and
responsibility for addressing the concerns facing the communities around these facilities.
Region 6 wants to create and encourage a new approach for solving the problems of pollution in
minority and low-income communities. That new paradigm reaches out for inclusion to all
stakeholders, and creates the strategic alliances which result in solutions. This mission
statement, vision statement and strategic plan are offered as a road map of how the committed
and concerned members of the Region 6 Environmental Justice team see their roles in carrying
out the mission of Environmental Justice.
Numerous studies have shown that there is a disproportionate burden of pollution and siting of
pollution sources in minority and low-income communities. Environmental Justice aims to
address the issue of equity...providing equal protection to all populations, including minority and
low-income communities, and to eliminate the disproportionate impacts on these communities.
Through the Executive Order and our work in the Region 6 Office of Environmental Justice, we
are committed to empowering affected communities and stakeholders and correct environmental
injustices.
-------
February 25,2002 (6:30PM)
Region 6
Office of Environmental Justice
Mission Statement
1 he guiding principle of the Office of
Environmental Justice is that everyone,
regardless of race or income, is entitled
to share equally in the benefits of
environmental protection.
-------
February 25,2002 (6:30PM)
Vision Statement
Office of Environmental Justice
Region 6
Our Vision for the Office of Environmental Justice in Region 6:
We empower Environmental Justice communities to participate in decision making that affects
their destinies.
We are an exemplary model of Environmental Justice programs and implementation for all
Environmental Justice partners—governments, communities, business, industry and academia.
We extend the concept of Environmental Justice beyond clean-up to prevention,
Vision for our Internal Operations:
We work with a common purpose within our own staff, our Senior Management, and Region 6.
We provide all Region 6 employees the opportunity to gain the knowledge and skills necessary
to integrate environmental justice into their daily activities.
We encourage Region 6 employees to be innovative and proactive in identifying and addressing
Environmental Justice issues.
We strive to advance the principle of EJ by routinely rewarding and recognizing positive internal
efforts.
Vision for our Strategic Alliances:
We encourage stakeholders to understand the benefits of environmental justice and work
cooperatively to solve problems.
We help stakeholders create their own strategic alliances to address environmental justice issues
in their communities.
-------
February 25,2002 (6:30PM)
Strategic Plan
Goals and Objectives
The Region 6 Office of Environmental Justice will implement a comprehensive approach to
identifying and addressing environmental justice concerns. This approach requires the early
involvement of affected communities and other stakeholders. The Office of Environmental
Justice has several key roles in effectively addressing environmental justice issues that are both
internal to EPA and Region 6, as well as external roles, requiring strategic alliances, leveraging
resources, and coordination.
OEJ*s role can be summarized in the following actions, which are spelled out further in this
strategy:
1. Serve
2. Empower
3. Educate/Inform
4. Facilitate/Coordinate (Make it Happen)
5. Clarify
6. Form Strategic Alliances
7. Identify Target Communities
8. Work with Headquarters
1. To serve the needs of communities and stakeholders by:
a. facilitating communications
b. acting as a liaison, communicating the needs of target communities to all stakeholders
c. making EPA accessilbe to affected communities
d. using the Office of Environmental Justice's authority to recommend direct action
2. The OEJ aims to empower communties and strategic partners by:
a. the grantmaking process
b. forming and facilitating communiry/industTy/stakeholder panels
c. informing & educating
d. identifying other resources
e. recognizing/acknowledging communities & concerns
f. Unking to other communities
g. promoting meaningful participation on part of communities
h. providing a forum for voicing concerns
i. providing referral services
j. assisting state counterparts in implementing Environmental Justice programs
-------
February 25,2002 (6:30PM)
3. The OEJ will educate and inform both internal and external stakeholders regarding
Environmental Justice
4. The OEJ will facilitate and coordinate ensuring proper actions are taken through:
a. identifying stakeholders/appropriate legal authorities
b. assisting in identifying and prioritizing stakeholder needs
c. setting up meetings with stakeholders, coordinating contact with state, industry, EPA, and
other government agencies
d. fully planning and coordinating meeting logistics
1) Logistics
a) determine where and when in conjunction with stakeholders
b) identify facilities, means (teleconference, public meeting, etc.), and resources
(transcriptionist, room, equipment, facilitator, etc.)
c) serving as an informal mediator between stakeholders
d) identifying mediators when formal mediation is called for
5. The OEJ will serve as a vehicle to clarify critical information for all stakeholders by:
a. ensuring the information is given to community in clear, plain language, which is an integral
component of meaningful participation
b. interpreting EPA regs
c. explaining EPA policy/background
d. employing effective listening skills
e. removing language barriers
f. approaching issues with cultural awareness
g. making public aware of EPA limitations
h. facilitating referral to the appropriate authorities/organizations
i. clarifying internally means to educate all employees about Environmental Justice, its function,
Division/Individual, state, industry, and all partner's roles in implementing Environmental
Justice
j. clarifying EPA's expectations for the States
6. The OEJ will assist in forming strategic alliances by:
a. identifying appropriate authorities and organizations, limitations and boundaries
b. identifying agencies to address concerns
c. bringing everyone to the table
d. identifying expectations
e. establishing interagency working group at the Regional level; creating a working group with
other federal agencies
f. encouraging communities to seek help from the proper authority (state or local)
g. providing opportunities for community input
7. The OEJ will work to identify target communities through:
-------
February 25, 2002 (6:30PM)
a. EJ index methodology/demographic screening, e.e., review census data.
b. disproportionate impact analysis
c. community/stakeholder input
d. cumulative risk assessments
e. CIS tools
f. pollution sources data (RCRIS, CERCLIS, AIRS, TRI, etc.)
g. Indian land maps
8. The OEJ will coordinate and work closely with Headquarters in implementing the
Region 6 Environmental Justice program:
Specifically:
OCR-Title VI
OEJ
R6 to HQ
HQtoR6
-HQ provides guidance, policy and SOP
-R6 identifies internal resource needs to HQ
-R6 partners with HQ in developing guidance, policy and SOPs
-Aim to bring community and external groups (such as NEJAC) into guidance/policy/SOP
development process
-find method for input
-establish informal links
-report to HQ
-Exchange technical, policy and political advice with HQ
-NEJAC: R6 assists in providing input for national reporting to NEJAC; R6 coordinates meeting
activities when necessary
Evaluation
OEJ will evaluate each objective of the strategic plan by tracking the following aspects. In
addition, Region 6 OEJ will produce an annual report in narrative form, which will also include
evaluation data generated from this data tracking.
1. Serving communities and stakeholders:
a. facilitating communications
number of calls received by OEJ; responses generated;
b. acting as a liaison, communicating the needs of target communities to all stakeholders
number of liaisons facilitated
c. making EPA accessilbe to affected communities
Referrals to various media and program offices, responses generated
d. using the Office of Environmental Justice's authority to recommend direct action
Number of action referrals generated
-------
February 25,2002 (6:30PM)
2. Empowering communities and strategic partners by:
a. the grantm airing process
Number, type and communities grants are given to; project results, benefit to EJ; total dollars
awarded
b. forming and facilitating community/industry/stakeholder panels
number of panels formed; results
c. informing & educating
number of training sessions held
d. identifying other resources
number and instances
e. recognizing/acknowledging communities & concerns
number and name of communities OEJis involved in helping
f. linking to other communities
number of contacts initiated between communities
g. promoting meaningful participation on part of comn mities
anecdotal information not captured in other participation data
h. providing a forum for voicing concerns
number of meetings hosted in communities; outcomes
i. providing referral services
number of referrals given
j. assisting state counterparts in implementing Environmental Justice programs
number of training sessions conducted; type of assistance provided to state programs
3. Educate and inform internal and external stakeholders:
a. Educate internal Region 6 employees regarding EJ, current issues and basic tenets, procedures
and regulatory guidance.
Number of internal employees trained
b. Educate and inform all varieties of external audiences regarding EJ tenets, procedures, current
issues and regulatory guidance.
Number of external audiences (type and number) reached
4. Ensuring proper actions are taken:
a. identifying stakeholders/appropriate legal authorities
number of incidences and type
b. assisting in identifying and prioritizing stakeholder needs"
communities and instances
c. setting up meetings with stakeholders, coordinating contact with state, industry, EPA, and
other government agencies
number, type and outcomes
d. fully planning and coordinating meeting logistics
number, type and outcomes
5. The OEJ will serve as a vehicle to clarify critical information for all stakeholders by:
-------
February 25, 2002 (6:30PM)
a. ensuring the information is given to community in clear, plain language, which is an integral
component of meaningful participation
type and frequency of written communications
b. interpreting EPA regs
instances
c. explaining EPA policy/background
number of publications produced; written examples
d. employing effective listening skills
EJteam members take active listening training
e. removing language barriers
number and type of publications available in other than English; number of meetings where
translators are used
f. approaching issues with cultural awareness
cultural awareness training provided to staff
g. making public aware of EPA limitations
publications, number and type which help explain the working parameters for the EJprogram
h. facilitating referral to the appropriate authorities/organizations
number of referrals
i. clarifying internally means to educate all employees about Environmental Justice, its function,
Division/Individual, state, industry, and all partner's roles in implementing Environmental
Justice
internal training courses held; other "awareness " events; number of employees trained
j. clarifying EPA's expectations for the States
training courses, meetings, clarifying documents
6. The OEJ will assist in forming strategic alliances by:
In general, under this objective, the OEJ will evaluate its success in this area based on the
number and effectiveness of the strategic alliances formed in EJ impacted communities.
including already formed alliances.
a. identifying appropriate authorities and organizations
b. identifying agencies to address concerns
c. bringing everyone to the table
d. identifying expectations
e. establishing interagency working group at the Regional level; creating a working group with
other federal agencies
establish group, evaluate effectiveness through their networking activities
f. encouraging communities to seek help from the proper authority (state or local)
number and instances
g. providing opportunities for community input
number and instances
-------
February 25,2002 (6:30PM)
7. The OEJ will work to identify target communities through:
This objective will be evaluated through by examining the end result of target community
identification for accuracy and completeness of analysis when employing the various analytical
tools.
a. EJ index methodology
b. disproportionate impact analysis
c. community/stakeholder input
d. demographic screening
e. cumulative risk
f. census data
g. CIS tools
h. pollution sources data (RCRIS, CERCLIS, AIRS, TRI, etc.)
i. Indian land maps
8. The OEJ will coordinate and work closely with Headquarters in implementing the
Region 6 Environmental Justice program:
Coordination effectiveness will be judged based on tangible factors, such as Headquarters
responsiveness, regional responsiveness, level of input and to key policy issues.
Specifically:
OCR-Title VI
OEJ
R6 to HQ
HQ to R6
-HQ provides guidance, policy and SOP
-R6 identifies internal resource needs to HQ
-R6 partners with HQ in developing guidance, policy and SOPs
-Aim to bring community and external groups (such as NEJAC) into guidance/policy/SOP
development process
-find method for input
-establish informal links
-report to HQ
-Exchange technical, policy and political advice with HQ
-NEJAC: R6 assists in providing input for national reporting to NEJAC; R6 coordinates meeting
activities when necessary
10
-------
February 25,2002 (6:30PM)
REVIEW OF DRAFT EJ INTRODUCTION, MISSION, VISION OF STRATEGIC PLAN
3-28-00: Dina Granado
I have reviewed the EJ Strategy Plan and have the following comments to offer under the actions
listed for Goals and Objectives::
I.e. - the word "accessible" is misspelled.
S.a. - change the word "community" to "communities"
Under the "Evaluation" I have the following comments to offer:
First of all I would suggest that the phrases written in italics be indented for easier reading.
l.a. -1 would include "types of responses and "number of contacts"
l.b. -1 would change from "number of liaisons facilitated to "number of times acted as liaison"
I.e. - the word "accessible" is misspelled.
2.d. -1 would change from "number and instances" to "types of resources"
2.f. -1 would add "number of communities linked".
4. a. -1 would add "number of stakeholders identified"
4.b. -1 would change from "communities and instances" to "types of needs" or "kinds of needs".
5.i. -1 think this particular action should be moved to number 3. It goes better with "Educate and
inform internal and external stakeholders".
I hope these are the types of comments you needed. It appears that a lot of the actions and
activities being evaluated or tracked are basically the same or similar and could be combining
together for easier tracking. Did not know whether you wanted me to make suggestions on
which to combine in this area so I didn't. Otherwise, this could turn into a big workload for
someone.
11
-------
February 25,2002 (6:30PM)
charlie@strucrurex.net,
Olivia, thank you for the opportunity to comment on the EPA EJ issues relative to mission,
vision, and strategic plan as outlined in your letter of January 17, 2000.
Comment on the Mission Statement:
The Region office of Environmental Justice is committed to finding solutions to environmental
and health problems that may disproportionately impact minority and/or low income populations.
We suggest that the word "disproportionately" be removed.
EPA's job to start with is to prevent any community or people from having environmental or
health problems, and if they do, find a solution. The problem does not have to be
disproportionately.
The problem is the people do not even know that a permit application is under review, do not
have the permit information, do not have the knowledge or means to interpret the permit
information, do not know how to participate in the pe- nit process, do not have the means or
resources by which to participate in the permit process, and do not have the technical knowledge
to understand the impact the permit application has on the people and community.
Comment on the Strategic Plan:
In order for the people or a community to be empowered, they need to have the tools to by which
to be empowered with. Information and the understanding of information is power.
I suggest that the following empowerment tools be added to the Strategic Plan:
EPA EJ should write in the Plan that a toll free phone line will be provided, in order to guarantee
that information is available. Some EPA Regions do not have toll free numbers to their regional
offices, and we do not want to lose Region 6.
EPA EJ should provide for comprehensive, full time, real time, effective, actual monitoring for
all chemicals known to be used by all permitees and monitoring for all fugitive, stack, and point
source emissions and emergency releases.
EPA EJ should inform the affected people and communities of all new and renewal applications
for all local, state, and federal environmental permits immediately, when received.
EPA EJ should provide several copies of all environmental permits to the library in the affected
communities. One copy must remain in the library at all times for reference, and at least two
copies should be available to be checked out overnight by citizens.
EPA EJ should provide for timely qualified technical interpretation of the permit information and
data, to the affected people or community. This is to explain what the permit is for and to explain
12
-------
February 25,2002 (6:30PM)
what the technical permit data means. This is also to explain the cumulative impact that all other
existing active permits has on the people and communities when included with the new or
renewal permit
EPA EJ should provide, for each permit, in writing to the affected people and communities, the
procedure by which to properly, legally challenge the permit's issuance, and how to force proper
monitoring of permit compliance.
EPA EJ should provide for public hearings for all environmental permits.
EPA EJ should provide for proper, full time, real time, effective, actual monitoring of all
environmental permits so that the people and communities can monitor permit compliance.
Monitoring should be specifically for all emissions listed in the permits. Monitoring should be
fence line monitoring and also offsite monitoring in the residential areas where people live.
EPA EJ should provide to the people and communities, timely summaries of all inspections,
violations, fines and penalties.
EPA EJ should provide for public participation by the affected people and communities in
enforcement actions and fines.
Thank you again for allowing us to provide comments by which to help empower citizens.
Charlie
13
------- |