United States Environmental EPA 904-D-97-001
Environmental Protection Accountability July 1997
Agency Division
(4EAD)
REGION 4
DRAFT
ENVIRONMENTAL JUSTICE
PROTOCOL
Alabama
Florida
Georgia
Kentucky North Carolina
Mississippi South Carolina
Tennessee
-------
FOREWORD
This document is a working draft of the EPA, Region 4, Environmental Justice Protocol.
The EPA, Region 4, Environmental Justice (EJ) Protocol Team was established to develop
criteria to address and incorporate EJ into the Agency's operating procedures. This document
represents the combined efforts of each division. Accordingly, it is the responsibility of senior
level managers within each division to institutionalize this protocol to address EJ issues and
concerns throughout all aspects of the Agency's operations. If there are any questions or
comments, please contact Connie Raines, Director, Office of Environmental Justice/Community
Liaison at (404) 562-9671.
The Environmental Justice Program contacts are:
Air, Pesticides and Toxics Management Division
Environmental Accountability Division
Environmental Accountability Division
Office of Policy and Management
Science and Ecosystem Division
Water Management Division
Waste Management Division
Waste Management Division
Below are the additional members of the EJ Team:
Robert Bookman
Becky Allenbach
Carlton Waterhouse
Matthew Robbins
Louis Salguero
Natalie Ellington
Alicia Thomas
Eddie Wright
(404) 562-9222
(404) 562-9687
(404) 562-9676
(404) 562-8371
(706) 546-2620
(404) 562-9453
(404) 562-8473
(404) 562-8669
Environmental Accountability Division
Waste Management Division
Waste Management Division
Kathleen Curry
Michael Hartnett
Brian Holtzclaw
(404) 562-9548
(404)562-8661
(404)562-8868
The editor of the Region 4, Draft Environmental Justice Protocol is:
Waste Management Division Nicole Comick-Bates (404) 562-9966
As a result of the recent reorganization of EPA Region 4, additional protocol documents will be
developed for the Environmental Accountability Division and the Cross-Cutting and Media
Programs; divisonal protocols will also be revised to reflect the new structure.
Note: An affected or impacted community is defined as an area within a community that has the
potential for bearing environmental burdens. The terms affected and impacted are used
interchangeably in this document.
i
-------
CONTENTS
I. Purpose 1
II. Background 1
III. Definition(s) 2
IV. Environmental Justice Offices, Positions and Responsibilities 3
V: Implementation Procedures 6
VI. Demographic Policy 10
VII. Environmental Justice Small Grants Program 12
VIII. Divisional Protocol Procedures 15
Air, Pesticides, and Toxics Management Division 17
Air Enforcement Branch 19
Pesticides and Toxics Substances Branch 21
Emergency Planning and Community Right-To-Know
(EPCRA) Branch 22
Toxics Substance Program 24
Environmental Accountability Division 27
Waste Management Division 29
RCRA Programs Branch 31
Federal Facilities Branch 33
North and South Site Management Branches . 36
Emergency Response and Removal Branch 38
RCRA Permitting and Compliance Branch 39
Office of Regional Counsel 41
Water Management Division 43
Enforcement - 46
Remedial or Corrective Actions 48
Permitting 49
Public Outreach/Education 50
Community Based Environmental Protection 53
Performance Partnerships and Grants 55
Environmental Justice Grants 55
Employee Awareness and Sensitivity 55
IX. Cross-Cutting and Multimedia Programs 57
X. Appendices - 59
Environmental Justice Complaint Form 61
Environmental Justice Protocol Demographic Request 63
ii
-------
I. Purpose
The Region 4 Environmental Justice Protocol establishes Regional policies, responsibilities,
procedures and activities to ensure that environmental justice is incorporated into Region 4's
day-to-day operations and to ensure that environmental justice issues are addressed.
II. Background
The United States Environmental Protection Agency (EPA) was established in 1970, in
response to growing concerns about public health and environmental conditions across the nation.
These concerns included unhealthy air, polluted rivers, unsafe drinking water, and improper waste
disposal. When EPA was created, congressional statutes were passed to enable coordinated and
effective government action. EPA endeavors to achieve systematic control and abatement of
pollution by properly administrating and integrating a variety of research, monitoring, standard-
setting and enforcement activities. As a complement to these activities, EPA provides
coordination and support for anti-pollution activities and research conducted by state, local and
tribal governments, private and public groups, educational institutions, and individuals. In
addition, EPA reinforces efforts on behalf of other federal agencies to assess the impact of their
operations on the environment, [n all, EPA is designed to serve as the public's advocate for a
safe, habitable environment.
In response to health and environmental concerns from communities throughout the nation,
EPA placed an increased emphasis on environmental justice. Several of the events responsible for
this increased awareness are:
The Southern historical EJ significance of the Warren County PCB landfill (1982) and
other EJ ev.ents;
The historical First National People of Color Summit (October, 1991) and the
resulting 17 "Principles of EJ1'; and
The growing and compelling EJ movement, with emerging EJ networks and their
grassroots groups
As a result of the combined actions of the EPA and community advocates, the following
historical events took place:
? Administrator Reilly established the first Environmental Equity (EE) Workgroup in
1990;
' EE meetings were held with Administrator Reilly in 1991;
Representatives of the EJ movement participated in the development of Executive Order
#12898;
A federal advisory committee to the EPA - the National Environmental Justice Advisory
Council (NEJAC) - was established in 1993; and
In the June, 1992 report to the EPA Administrator, EPA's Environmental Equity
Workgroup reported that "in the context of a risk-based approach to environmental
management the relative risk burden borne by low-income and racial minority
communities are a special concern." The Workgroup's report, entitled Environmental
Equity: Reducing Risk for All Communities (EPA A230-R-92-008), found that racial
1
-------
minority communities bear a higher environmental risk burden than the general
population. Because studies have shown that certain groups of Americans
disproportionately suffer the burdens of pollution, environmental justice (EJ) has become
a top priority for EPA.
Upon entering her new position in 1993, EPA Administrator Carol Browner presented
seven guiding principles for the Agency. In the EPA document, The New Generation of
Environmental Protection: EPA's Fire-Year Strategic Plan, environmental justice is listed as one
of the guiding principles. It states, "EPA will work to ensure that individuals and communities are
treated equitably under environmental laws, policies, and regulations, and that the benefits of
environmental protection are shared by everyone."
At the core of environmental justice is the concept of fairness. It speaks to the impartiality
that should guide the application of laws designed to protect the health of human beings and the
productivity of ecological systems upon which all human activity, including economic activity,
depends.
On February 11, 1994, President Clinton issued Executive Order #12898, "Federal Actions
to Address Environmental Justice in Minority Populations and Low Income Populations," and an
accompanying Presidential memorandum, to focus federal attention on the environmental and
human health conditions in minority and low-income communities. The Executive Order, as
amended, directs federal agencies to make the achievement of environmental justice part of their
missions by identifying and addressing disproportionately high and adverse human health or
environmental effects of their programs, policies, and activities on minority and low-income
populations. The Order also directs federal agencies to allow all portions of the population a
meaningful opportunity to participate in the development of, compliance with, and enforcement of
federal laws, regulations and policies affecting human health and the environment.
EPA Region 4 created the Office of Environmental Justice in July of 1993 to develop a
regional program to address any environmental issues that have disproportionate and adverse
impacts on minority and/or socioeconomically disadvantaged communities.
III. Definition(s)
Environmental justice is the principle that seeks to ensure the equitable distribution of
environmental protection benefits. The goal of environmental justice is to provide environmental
and public protection so no segment of the population, regardless of race, ethnicity, culture or
income, bears an undue burden of environmental pollution, and to ensure that the benefits of
environmental protection are shared by everyone.
2
-------
IV. Environmental Justice Offices, Positions and Responsibilities
A. REGIONAL
1. Regional Administrator
The Regional Administrator (RA) executes the Region's environmental justice program and
provides adequate resources and direction to implement the Agency's strategic plans within
Region 4. The RA is responsible for the overall direction of the regional environmental
justice program, and ensures the implementation of the national environmental program
objectives into Region 4's activities.
2. Director, Environmental Accountability Division
The Director of the Environmental Accountability Division is responsible for the overall
direction, administration and evaluation of regional integration of environmental justice and
for ensuring the appropriate designation of resources within EAD to accomplish these
objectives.
3. The Office of Environmental Justice/Community Liaison
The Office of Environmental Justice/Community Liaison (OEJ/CL):
Reviews activities, policies, procedures, regulations and programs to determine if these
are consistent with achieving environmental justice and making recommendations to the
Director of the Environmental Accountability Division so that EJ can be incorporated
into EPA's environmental policies and regulatory/enforcement programs.
Ensures the implementation of Headquarter's environmental justice guidance of Title VI
of the Civil Rights Act of 1964 into state permitting programs.
3
-------
Ensures that adequate public participation, dialogue, communication and outreach
programs are established in EPA Region 4 - so that low-income and minority
communities are participants in the development and delivery of environmental
programs. Provides.assistance to EPA staff on ways to interact more efficiently with EJ
populations on related issues (e.g. technical assistance to community groups, materials,
etc.).
Provides overall direction and administration in the Environmental Justice Small Grants
Program and provides referral information to EJ communities on other available active
funding resources, as available, (e.g. EPA's annual EJ Pollution Prevention Grants,
NIEHS EJ grants, etc.).
Provides oversight on the complaint procedure outlined in this protocol.
Provides oversight on the implementation and coordination of environmental justice
activities in the Divisions to ensure consistency with the Regional Protocol.
Maintains up-to-date communications on national environmental justice policy
developments with the EPA HQ Office of Environmental Justice (OEJ) and the National
Environmental Justice Advisory Council (NEJAC). This includes the tasks of liaison
activities, disseminating publications (e.g. NEJAC's Model Plan for Public
Participation), or referring people to the respective Internet home pages. This OEJ and
NEJAC information will be made available to EPA staff - and other partners in
environmental justice, including community groups, local, tribal, state and federal
agencies.
Provides leadership to mobilize governmental, academia and corporate responses to
identified environmental justice needs.
Ensures an active, results-oriented EPA Region 4 Environmental Justice
Team, which is comprised of cross-divisional and cross-program representatives. The
team meets on a monthly basis, or as necessary.
Designs and executes special environmental justice projects, such as Internet web pages,
or Geographic Information System (GIS) risk targeting or screening, as necessary.
4 Director, Office of Environmental Justice and Community Liaison
The Director of the Office of Environmental Justice and Community Liaison is responsible
for the development and implementation of region-wide, comprehensive cross-program
approaches for addressing environmental justice within the Region. The Director is an
environmental justice advocate that strives to institutionalize it within EPA Region 4's
environmental programs. The Director is responsible for:
The maintenance and continual improvement of the Protocol document.
4
-------
Coordinating environmental justice outreach, education, communication, and training
programs for the Region.
Serving as the principal advisor on environmental and human health-based programs,
regulations, and legislation concerning minority and low income populations.
Providing advisory and consultative services to program managers to ensure that
environmental justice concerns across the region are addressed.
Identifying and building strategies to ensure affected community-based input and
adequate representation in the environmental planning, enforcement & compliance
assurance, clean-up and monitoring process.
Meeting with local, tribal and state governments on environmental justice issues and
concerns.
Coordinating the resolution of complaints with the proper EJ Team member or program
office.
Supporting inter- and intra-Agency coordination on Southeast environmental justice
issues, such as forming working groups (at all levels) to address and coordinate issues of
environmental justice. Important examples are promoting and ensuring that health
agencies and institutions such as: ATSDR; National Institute of Environmental Health
Sciences (NIEHS); Center for Disease Control's (CDC) Environmental Health Center;
and Hispanic, Black Colleges and Universities (HBCU's) are working in a coordinated
manner.
5. Divisional Offices
Each Division Director is responsible for the development and implementation of a protocol
for the division that is consistent with national and regional environmental justice objectives.
In a leadership role, the Division Director will help institutionalize environmental justice
actions into its environmental programs. The divisional offices will ensure the appropriate
designation of resources to accomplish the environmental justice objectives. Each divisional
office will ensure that its respective Protocol is maintained and updated as needed to
-provide a creative framework, whereby traditional and innovative re-invention tools and
strategies may be employed.
6. Environmental Justice Team
The Environmental Justice Team is comprised of EPA employees from all areas of the
Agency. The members include the Director of OEJ/CL, "the divisional Environmental
Justice Coordinators and several individuals who serve as technical advisors to the Team.
The members are responsible for assisting the OEJ, the individual divisions, and their fellow
employees in identifying and addressing environmental justice issues as needed.
5
-------
B. NATIONAL
1. EPA Headquarters, Office of Environmental Justice
The Office of Environmental Justice is responsible for the coordination of regional issues
and concerns throughout the nation.
2. National Environmental Justice Advisory Council
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory
committee that was established by charter on September 30, 1993, to provide independent
advice, consultation, and recommendations to the Administrator of the U.S. Environmental
Protection Agency on matters related to environmental justice.
Implementation Procedures
A. COMMUNICATIONS
1. Internal Communications
The OEJ/CL is the principal EPA Region 4 champion and coach of environmental justice
and provides vision, leadership and activities. Activities include training, briefings,
consultative services and reporting to ensures that environmental justice will be addressed
uniformly throughout all Regional programs and cross-program initiatives. As an
environmental justice advocate, the OEJ/CL will help employees understand external
viewpoints and perspectives including management, industry, grassroots groups,
communities, and other customers. Training includes all EPA employees and consists of
both basic and program specific modules.
Basic training should provide the following overview of environmental justice:
Definition
Historical Perspective - Regional and national
Significance
Responsibility
Perception/Empathy/Sensitivity
Exposure/Awareness
Southeastern environmental justice communities organizations and networks
A Proactive Approach
Tools, such as'the Protocol document and Model Plan for Public Participation
Program-specific training will be conducted by each division in conjunction with the
OEJ/CL. This training will instruct division management and staff in the incorporation of
the Environmental Justice Protocol into their areas of responsibility or job assignments and
should provide the following:
-------
Explanation of Divisional Protocol
- Roles, responsibilities and relationships
Regional interpretation of the federal guidance documents for environmental
justice
Complaint processing
Application of Regional Geographic Information Systems (GIS) Protocol
2. External Communications
The purpose of external communication is to inform and facilitate the public dialogue
on greater understanding of:
The Agency's intent
The Agency's goals
The Agency's roles and responsibilities
The public's roles and responsibilities
The OEJ/CL will also provide education and outreach to affected communities.
The Region will present its policies and protocol regarding environmental justice to
audiences, such as:
Affected community members
Grassroots and community-based groups
Environmental justice organizations and networks
The general public
Religious organizations
Civic and public interest groups
Labor unions
Homeowner and resident organizations
Other federal agencies
Local and state governments
Tribal governments
Industry
Business and trade organizations
Media/press
Indigenous people
Universities and schools
Federal congressional members and/or staff
State legislatures
Environmental health-based advocacy organizations.
The OEJ/CL and the divisions of Region 4 should inform affected communities about the
available federal, state and local government programs which address issues and concerns
relevant to their communities and how the communities may use these programs effectively.
7
-------
Mechanisms used for external communications will include:
Press releases
Communications through television and radio
Municipal associations
Meetings (e.g., mayoral, scientific, environmental, health-based and other
governmental conferences)
Meetings with congressional members and/or staff
Religious, civic and public interest organizations
Information repositories within the affected communities
Participation at affected community-based meetings, EJ network or EJ
grassroots organizational meetings
Public participation in certain draft workplans and EPA reports
Community Advisory Groups (CAGs)
The OEJ/CL will make use of Community Relations Coordinators, Ombudsmen, the Office of
Customer Service, Office of Public Affairs, Office of Congressional Affairs and EPA Region 4
office and field staff to:
Determine the concerns of individual communities
Develop appropriate responses to general questions
Address community concerns
Determine the impact of Agency's actions toward affected communities
Convey to the public ongoing and planned activities promoted by EPA and state
agencies
Convey proposals for remedial alternatives, redress, prevention or other
intervention activities
Relay project progress and allow for public participation
Communicate risk communication in terms the affected community can understand
(human health and safety issues)
The OEJ/CL and the divisions of Region 4 will coordinate necessary follow-up responses to
public forums.
B. COMPLAINTS
1. Prevention
The Protocol for implementing environmental justice within EPA Region 4 has been developed
by each Regional division and is included in this guidance.
The primary goal of the Protocol is to prevent and reduce complaints within EPA Region 4.
Each Regional division has developed its own protocol guidance ~ enclosed herein ~ to assist
its employees in addressing environmental justice. Each division will integrate environmental
justice into its programs' risk management and decision making processes. To this end, each
division has reviewed its statutes, programs and procedures and has determined how
environmental justice will be addressed.
8
-------
2. Processing
When a complaint or other information is received by EPA Region 4, it will be evaluated.
Environmental justice issues may be presented to the Region in the following forms:
Referral from Headquarters
Complaints from the public
Referrals from other agencies
Information from environmental justice targeting analysis from internal programs
News media
Congressional inquiry
Other
The processing procedures outlined below are based on where the complaints or issues are
initially received either the OEJ or another divisional office or program.
(a) Office of Environmental Justice/Community Liaison Complaint
Processing Procedures
The following procedure will be used to respond to complaints and other information raising
environmental justice issues received directly by the Office of Environmental
Justice/Community Liaison. These complaints may be received through telephone, postal
service, facsimile, E-mail, the EPA Region 4 Internet home pages, at public meetings or
conferences, discussions, appointments, or by other means. The Office of Environmental
Justice/Community Liaison will:
Complete Environmental Justice Complaint Form and provide follow-up
[see appendix]
Research demographic information from GIS, and record findings on Environmental
Justice Complaint Form
Distribute complaint to relevant divisional programs and EJ Team members
Consult with relevant program contacts to determine the environmental justice issues
and the necessary resolution
(b) Divisional Complaint Processing Procedures.
The following procedure will be used to respond to complaints and other information raising
environmental justice issues received by the program offices:
To assure accurate and timely data on each case, the OEJ/CL will provide blank copies of the
Communications Environmental Justice Case Profile Worksheet [see Appendix] to each
Environmental Justice Coordinator to be used as a reference guide by staff when issues arise.
The pertinent program office will route the completed worksheet to the Division's
Environmental Justice Coordinator who will then provide a copy to the Environmental Justice
and Community Liaison Office within ten (10) working days. This will serve as official
notification to the OEJ/CL of any environmental justice issue. The Environmental
Justice/Community Liaison Office will maintain a file on all cases with environmental justice
9
-------
implications and will enter this information into its tracking system. Each Division will maintain
responsibility for processing complaints, handling issues and resolving problems that are related
to environmental justice according to the general protocol as outlined in this guidance package.
The following are cases in which the OEJ/CL will be directly involved:
High profile cases
Multimedia and cross-program cases
Issues of national significance
Civil Rights Act Title VI cases
Complex environmental justice issues
Regional Precedents
Geographic areas with high human health risks and public endangerment
Case referral from EPA Headquarters
VI. Demographic Policy
A. GEOGRAPHIC INFORMATION SYSTEMS WORKGROUP PROCESS
The Environmental Justice GIS Workgroup used the following process to find methods of
identifying environmental justice communities:
1. Analyzed Draft Guidance for Agencies on Kev Terms in Executive Order #12898
(February 11,1994); this guidance document relates the appropriate methodology for
identifying environmental justice communities;
2. Engaged in dialogue with Regional and Headquarters personnel on practical
application of the Guidance document; and
3. Determined mapping capacities of GIS.
EPA Headquarter's Office of Environmental Justice formed the Risk-Based Targeting
Workgroup in which they mapped similar strategies to identify environmental justice
communities. This group's findings are compiled in the Draft, Targeting for Environmental
Justice: Policy and Technical Issues to be Considered, March 26 1997.
B EVALUATING CRITERIA
1. Low Income Populations: Following the guidelines of the Ordinance, the
Workgroup determined that race and income were the qualifying criteria to decide if
individual communities were within the purview of environmental justice.
Furthermore, the Workgroup followed the terminology guidance document in
applying the terms low-income and minority populations to characterize potential
environmental justice areas.
This evaluating criteria assumes an average household of four (4) persons. For
purposes of this analysis, households earning $15,000 or less per year were
10
-------
considered to be either at or below the poverty level. To determine if a community
contained a substantial low-income population, the Workgroup adopted the
Department of Health and Human Services poverty guidelines which establishes
515,600.00 as the average income for a family of four. After completing its study, the
Workgroup found that low-income populations constitute 50% or more of the total
census tract population.
2. Minority Populations: African Americans, Hispanic Americans, Asian/Pacific
[slander Americans, and Native Americans comprise the racial groups evaluated.
Following the Guidance, the Workgroup developed two methods to identify minority
populations. Under method one, census tracts with minority populations fifteen
percent (15%) greater than the statewide population for that minority group
constituted potential environmental justice communities. The group used fifteen
percent as an interpretation of the Guidance language which defined environmental
justice communities where "the minority population percentage of the affected area
[was] meaningfully greater than the minority population percentage in the general
population or other appropriate unit of geographic analysis."
The second method identified potential environmental justice communities by census
tracts with 50% or greater minority populations.
3. Self Identification: For future purposes, when census data fails to provide an
analysis meeting EPA Region 4's qualifying standards for an environmental justice
community, communities may identify themselves as a minority or low-income
population with an appropriate demonstration. This input may be gathered from
environmental justice customers such as environmental justice networks, grassroots
organizations, civic or public interest groups, as to the demonstration of being
qualified ort an income or minority status.
C. MAPS GENERATED
The group developed a set of GIS maps for each state. The set consisted of a map
identifying each state's potential environmental justice communities based on race or
income, a map identifying each state's Toxic Release Inventory (TRI) sites, a map
identifying each state's Comprehensive Environmental Response Compensation and Liability
Act Information System (CERCL1S) sites, and a map identifying each state's Resource
Conservation and Recovery Act Information Systems (RCRIS) sites. Other important
emission sources which will become mapped in the future are federal facilities, incinerators,
municipal dumps, combustion fuel blenders, waste water treatment sites, and others. A map
of potential environmental justice communities served as the background map for each state
with overlays of TRI, CERCLIS, and RCRIS sites. The Workgroup determined that the
use of these maps provided a preliminary multimedia evaluation of impacted communities
where environmental equity is a concern.
The Workgroup will provide each EPA Region 4 division with a set of poster maps for its
use. Much work remains for this workgroup to benefit the advancement of environmental
justice. One major task is the continuous updating of emissions-related databases. Another
11
-------
is the furthering GIS maps to illustrate environmental and human health-based risks, which
can aid in risk-management decisions. Another task is to collaboratively work with local,
tribal and state governments to update the quality of longitude and latitude locational GIS
data of pollution emission sources - which in many cases, has been determined to be
outdated and incorrect. Before quality-based environmental justice GIS targeting or
proactive actions can be conducted from a regional point of view, these source/generator
locations will need to be accurately determined.
D. ENVIRONMENTALLY IMPACTED AREAS
The EPA Region 4 Office has rededicated itself to becoming more proactive in the
identification of areas where environmental justice is an issue. To accomplish this end, the
EPA Region 4 will implement more data gathering procedures to identify potentially high
risk communities.
Data gathering will encompass:
Geographic and demographic data
Environmental release, health assessment, environmental health research data
(e.g. all available information for health effects of Toxic Release Inventory (TRI) and
other chemicals, discharge of these substances into the environment, and potential health-
risks to the surrounding community presented by these chemicals)
Source/operator data inventory
Analysis of the cumulative and synergistic effect of all source/operators' pollution
contributions to the surrounding population (whenever possible)
Correlation of relevant findings
The EPA Region 4 office continues to develop policies and technical considerations on
behalf of identifying environmental justice issues.
VII. ENVIRONMENTAL JUSTICE SMALL GRANTS PROGRAM
A. PURPOSE
The purpose of the Office of Environmental Justice Small Grants Program (SGP) is to provide
financial assistance to eligible community groups (i.e., community-based and grassroots
organizations, churches, or other non-profit organizations) and federally recognized tribal
governments that are working on or plan to carry out projects to address environmental justice
issues. The SGP awards grants under a multimedia granting authority. Recipients of these
funds must implement projects that address pollution in more than one environmental media
(e.g. air, water).
In addition, the SGP provides a needed centralized referral service to community groups
who are searching for environmental justice-related government grants. To the extent in which
the SGP is aware of the current universe of such grants to benefit environmental justice ~ the
SGP will provide information on these active annual grants. An example of the variety of
12
-------
active government grants, which may be passed on to eligible community groups is: 1) EPA
HQ's Community/ University Partnership grants; 2) EPA Region 4's Environmental Education
grants; 3) EPA Region 4's Pollution Prevention for EJ grants; 4) EPA Region 4 Superfund
Technical Assistance Grants (TAG); 5) National Institute of Environmental Health Sciences
fNIEHS) EJ community-based grants; 6) those available under Agency for Toxic Substances
and Disease Registry (ATSDR) and the National Institute of Health (NIH); and 7) as well as
many other grants, such as those of EPA HQ's Office of Regional Operations and State/Local
Relations.
The SGP will support the participation of low-income and minority communities in the
application phase of the SGP (and the development and delivery of environmental programs) by
evaluating the sponsorship of a Grant-Writing Workshop. Similar to workshops performed by
the EPA Region 4 Environmental Education Grant Program, it is the intent of the SGP to
discover ways to help educate and empower community groups to submit high quality SGP
applications.
Proposed projects must also meet certain evaluation criteria that are stated annually in the
Small Grants Program Application Guidance. The ceiling for any one grant is $20,000, and
the project period is limited to one (1) year. The Office of Environmental Justice, EPA
Headquarters, publishes the grant solicitation notice in the Federal Register annually, along with
the timetable for meeting the grant award process.
B. GRANT AWARD PROCESS
1. Application Phase: Each region's Office of Environmental Justice is responsible for
disseminating grant applications to community groups and federally recognized tribal
governments located in the respective regions. To aid in that notification effort, the EPA
Region 4's SGP has developed a database of Southeast-based environmental justice and
other community groups and networks. The OEJ, in conjunction with the Grants
Management and Audit Resolution Section (GMARS), performs the initial review of all
applications received to determine if eligibility requirements have been met. Applications
will be disqualified if they do not meet all eligibility criteria.
2. Evaluation Phase: Applications will be evaluated by a regional review panel based on
the criteria outlined annually in OEJs Small Grants Program Application Guidance.
Each year, a diverse panel will convene in the region. The panel will comprise
managers/supervisors and subject-matter experts to review and rank applications.
V Selection Phase: After all applications have been ranked, the panel will recommend the
best projects to the Director of the Environmental Accountability Division and the
Director of the Office of Environmental Justice/Community Liaison. The Directors will
forward these recommendations to the Regional Administrator. Additional factors that
may be taken into account in making these recommendations include geographic and
socioeconomic balance, diverse nature of the projects, cost, and projects whose benefits
will continue after the grant is completed. The Regional Administrator will make final
selections with concurrence from the Director of the Office of Environmental Justice at
EPA Headquarters.
13
-------
C. POST AWARD RESPONSIBILITIES
1. Project Officer: The Project Officer (PO) for the Environmental Justice SGP located in
the OEJ/CL will serve as the technical manager, along with the recipient's project
manager, on all matters relating to project performance. The PO is responsible for
keeping track of the project's progress, ensuring that grantees comply with
programmatic requirements. The PO also provides technical assistance or refers
grantees to EPA technical experts as needed. The PO maintains a summary of awarded
grants, in an effort to keep: EPA Region 4 staff; community groups; and federal, state,
tribal, and local agencies adequately informed on the past and currently awarded SGP
grants.
2. Grants Management and Audit Resolution Section: In addition to serving as the
source of administrative oversight for all EPA assistance agreements, the GMARS serves
as the liaison between the Project Officer, Finance Office and the grantee's project
manager regarding administrative matters.
14
-------
DIVISIONAL PROTOCOL PROCEDURES
15
-------
16
-------
AIR, PESTICIDES, AND TOXICS
MANAGEMENT DIVISION
ENVIRONMENTAL JUSTICE PROTOCOL
17
-------
18
-------
Background of the Divisional Protocol
As part of our FY 96/97 Memorandum of Agreement (MOA) with Office of Enforcement and
Compliance Assurance (OECA), the compliance and enforcement priorities are centered around
three themes: (1) community based environmental protection, (2) industry sectors, and (3) media-
specific issues. The Air, Pesticides, and Toxics Management Division (APTMD) committed to, .
where applicable, continue to stress the importance of environmental justice as one of the tools
that the Division will utilize to help protect the quality of the air in its southeastern states.
Goals of the Divisional Protocol
The APTMD will continue to coordinate with the Environmental Justice/Community Liaison,
Environmental Accountability Division, the Office of Integrated Environmental Analysis and the
state/local agencies to address environmental justice issues of concern. In addition, as part of the
strategic goals and efforts to improve efficiency and effectiveness of enforcement, the Division is
utilizing the team approach to accomplish enforcement goals. Standard operating procedures
have been developed by self-directed and ad hoc teams that are empowering employees with
decision-making authority and allowing for greater flexibility and accountability when addressing
environmental justice issues and complaints.
AIR ENFORCEMENT BRANCH
GOAL(1): Public Participation, Accountability, Partnerships, Outreach, and Communication
with Stakeholders
Implementation Tools
Outreach & Partnerships: Maintain a team with the responsibility to coordinate the outreach
activities in affected communities. Include affected citizens and other stakeholders in outreach
seminars, public meetings, workshops. Work with state and local agencies to integrate
environmental justice .principles and considerations into their air pollution control programs.
Technical Assistance: Work with state and local agencies to develop strategies for various
outreach activities for industry, schools, community and environmental groups, etc. Maintain a
team to develop an educational outreach program aimed at empowering the citizens of the
Mobile NEP community and other communities as necessary with the knowledge to increase
their awareness and participation in activities such as regulatory development, permitting
processes, and compliance assurance activities.
Training: Training will be accomplished through workshops, seminars, and public meetings.
Management Accountability: Progress of these objectives will be tracked in the annual
MOA with OECA and the Office of Air and Radiation (OAR).
Targeting: Make use of GIS support to target compliance and enforcement activities in EJ
communities.
19
-------
Public Participation in Facility Siting and Permitting: Conduct education outreach
programs for affected communities with the knowledge necessary to increase their ability to
participate in activities such as permitting processes.
Public Awareness of Environmental Conditions- Employ non-traditional mechanisms (e.g.,
churches, news bulletins) to raise the ability of EJ communities to understand and monitor
environmental conditions in community areas.
Measure of Progress
The number of workshops, public meetings, etc. conducted to deliver the education
information to the affected community regarding regulatory processes, permitting
processes, and compliance assurance activities.
Performance Partnership Agreements: Incorporate environmental justice activities into
Performance Partnership Agreements.
Measure of Progress
Number of Performance Partnership Agreements which include environmental justice
commitments by the states
GOAL (2): Data Collection, Analysis, and Stakeholder Access to Public Information
Implementation Tools
Data Integration and Analysis: Use established data team to address information needs.
Promote the use of GIS to enhance identification of affected communities.
Measure of Progress
The number of EJ areas identified by zip code in CAASES database.
GOAL (3): Enforcement, Compliance Assurance, and Regulatoiy Review
Implementation Tools
Strategic Enforcement of Environmental Statutes
Prioritize and target inspections in the affected areas, meet with local industry to consult
on compliance assurance activities.
Work with the state/local agencies to develop enforcement strategies to address
violators, if found.
Pollution prevention techniques and SEP policies and guidelines will be incorporated
into the enforcement and outreach activities.
20
-------
Measure of Progress
Number of workshops, public meetings, etc., conducted to deliver the education
information to the affected community regarding regulatory processes, permitting
processes, and compliance assurance activities.
Number of inspections conducted, along with any enforcement activity.
PESTICIDES & TOXICS SUBSTANCES BRANCH
GOAL (1): Public Participation, Accountability, Partnerships, Outreach, and Communication
with Stakeholders
Implementation Tools
Stewardship Program: The goal of the Stewardship Program is intended to create new
partnerships, involving stakeholders, and education and assistance for Pesticides activities
through outreach, education, and assistance to the public and the regulated community.
Measure of Progress
The number of workshops, public meetings, etc. conducted to deliver the education
information to the affected community regarding regulatory processes, permitting
processes, and compliance assurance activities.
Performance Partnership Agreements: Incorporate environmental justice activities into
Performance Partnership Agreements.
Measure of Progress
Number of Performance Partnership Agreements which include environmental justice
commitments by the states.
Minimize exposure of aerial applications of pesticides to prevent adverse impacts to
humans and non-target areas: Continue implementation of the Mississippi Delta
Community-based Initiative.
Outreach to affected growers, applicators, citizens, and state/federal agencies. Assist states
with enforcement efforts.
Measure of Progress
Adoption of environmental stewardship strategies.
21
-------
GOAL (2): Data Collection. Analysis, and Stakeholder Access to Public Information
Implementation Tools
Continue implementing Compliance Activities Tracking System fCATSV Support
uniform use of CATS by the states and other Regions as requested.
Measure of Progress
Use of CATS data for identifying high risk areas.
GOAL (3) Enforcement, Compliance Assurance, and Regulatory Review
Implementation Tools
Implementation of the Worker Protection Standard to protect farm workers from
adverse impacts from pesticides: Outreach efforts include presentations and assistance at
grower meetings, public meetings, agriculture trade shows, state agricultural meetings,
agricultural aviator meetings, cooperative extension service training, state pesticide
enforcement staff meetings, environmental stewardship groups, state personnel training,
labor board hearings, and university research facilities.
Technical support to the states in the form of inspection check lists, handbooks, record
keeping forms, brochures, posters, and newsletters-
Participate in compliance inspections.
Measure of Progress
Less adverse impacts to agricultural workers.
EMERGENCY PLANNING & COMMUNITY RIGHT-TO-KNOW (EPCRA)
GOAL (1): Public Participation, Accountability, Partnerships, Outreach, and Communication
with Siakeholders
Implementation Tools
Management Accountability : Progress of these objectives will be tracked in the annual
MOA with OECA and OPPTS.
Targeting: Make use of GIS support to target compliance and enforcement activities in EJ
communities.
22
-------
Public Participation in Facility Siting and Permitting: Conduct education outreach
programs for affected communities with the knowledge necessary to increase their ability to
participate in activities such as permitting processes.
Measure of Progress
The number of workshops, public meetings, etc. conducted to deliver the education
information to the affected community regarding regulatory processes, permitting
processes, and compliance assurance activities.
Performance Partnership Agreements: Incorporate environmental justice activities into
Performance Partnership Agreements.
Measure of Progress
Number of Performance Partnership Agreements which include environmental justice
commitments by the states.
GOAL (2): Enforcement, Compliance Assurance, and Regulatory Review
Implementation Tools
HPCRA will ensure the integration of Environmental Justice into F.PCRA Chemical
Safety Audits CCSA1: GIS targeting for facilities considered a potential CSA candidate to
determine percentage of minority population within a five (5) mile radius of the facility,
education level and income level. Using GIS, and where applicable, 50 percent of total
CSAs will be targeted at facilities located in Environmental Justice communities.
F.PCRA will ensure the integration of Environmental Justice into EPCRA
compliance inspection targeting: TRI and GIS application for compliance targeting of
sector-based on facilities in determining compliance rates identified in Environmental Justice
communities.
EPCRA will ensure the integration of Environmental Justice into EPCRA
enforcement activities where appropriate: Environmental Justice communities will be
solicited when appropriate for input into a Supplemental Environmental Project.
Measure of Progress
Increased compliance among sector-based facilities in Environmental Justice
communities. Increased Pollution Prevention (P2) Outreach efforts geared toward
facilities located in Environmental Justice community having high TRI emissions and
increased technical assistance/enforcement for non-compliant facilities.
23
-------
TOXICS SUBSTANCES PROGRAM
GOAL (1): Public Participation, Accountability. Partnerships. Outreach, and Communication
with Stakeholders
Implementation Tools
Increase public participation in permitting activity under the Toxic Substance
Control Act where appropriate: Evaluate location of permit activities to determine
Environmental Justice communities and expand outreach to notify or involve them as
appropriate.
Measure of Progress
the number of workshops, public meetings, etc. conducted to deliver the education
information to the affected community regarding regulatory, processes, permitting
processes, and compliance assurance activities.
Provide outreach and technical assistance to Environmental Justice communities in
Lead fPb^ Program: Provide technical assistance to state and empowerment zone
activities; outreach to stakeholders and general public.
Measure of Progress
Delegation of state programs for Pb. Reduction of Pb exposure in the home.
Region 4 will invite tribal government participation in activities in the Lead (Pb)
Program. The Region's Lead Program (Pb) invites the Tribal governments to their semi-
annual state/federal/tribal forums for program outreach. Grant solicitations are made to
them for Tribal Lead Programs on an annual basis.
Measure of Progress
Level of tribal involvement in the Lead Program.
GOAL (2): Enforcement, Compliance Assurance, and Regulatory Review
Implementation Tools
Compliance Inspection: Target inspections utilizing GIS to identify environmental justice
communities.
Pollution prevention techniques and SEP policy will be incorporated into enforcement
actions where possible.
24
-------
TSCA Enforcement Activities: Environmental justice communities will be solicited when
appropriate for input into a Supplemental Environmental Project.
Measure of Progress
Increased compliance in environmental justice communities.
25
-------
26
-------
ENVIRONMENTAL ACCOUNTABILITY
DIVISION
ENVIRONMENTAL JUSTICE PROTOCOL
(UNDER CONSTRUCTION)
27
-------
28
-------
WASTE MANAGEMENT DIVISION
ENVIRONMENTAL JUSTICE PROTOCOL
29
-------
Background of the Divisional Protocol
Over the last decade, concern about the impact of environmental pollution on particular
population groups has been growing. There is a widespread belief that minority populations
and/or low-income populations may bear disproportionately high and adverse human health and
environmental effects from pollution. This belief has resulted in a movement to assure
environmental justice for all populations.
Several studies have been conducted which suggest that certain communities are at special risk
from environmental threats.
The Waste Management Division's Environmental Justice (EJ) Protocol Team was established to
develop criteria to address and incorporate EJ into the Division's operating procedures". This
document represents the combined efforts of individuals from all functions within the Division as
well as the Office of Regional Counsel. It is the intent of Senior level managers, within the
Division, to institutionalize this protocol to address EJ issues and concerns throughout all aspects
of the Division's operations.
It is also management's intent for this.protocol to be introduced to each employee whose duties
and responsibilities require working with EJ communities.
Purpose of the Divisional Protocol
This document presents a method of identifying and addressing minority, low income and
indigenous communities with EJ concerns and incorporating these concerns into the day-to-day
operations of the Waste Management Division.
This document outlines, by each branch, a proposed plan of action to insure that the spirit and
principles of environmental justice are carried out in the compliance, remedial, removal, pre-
remedial, permitting, solid waste and corrective action processes. The Waste Management
Division is committed to promoting awareness and sensitivity to environmental justice concerns
with respect to low-income and minority communities which are disproportionately exposed to
environmental hazards. When a case includes an environmental justice component, outreach
efforts will occur to educate and inform affected communities. The particular steps required to
accomplish this objective will necessarily be site-specific, and the need to maintain flexibility is
essential in order to determine how to best address environmental justice concerns at a particular
site under a specific hazardous waste program.
RCRA PROGRAMS BRANCH
Background
The amount of municipal solid waste (household trash, yard and landscape wastes,
construction/demolition debris, etc.) generated in the United States steadily increases each year
and municipal waste management becomes more of a challenge in all communities. To address
the management of these growing amounts of wastes, the U. S. Environmental Protection Agency
31
-------
(EPA) developed an integrated solid waste management (IWM) strategy which promotes handling
municipal wastes according to a ''hierarchy" of methods, so that as little waste as possible is
deposited on land. This hierarchy is as follows: source reduction and/or reuse of wastes,
followed by recycling, and incinerating and/or land-filling wastes as a last resort. States are the
permitting agencies for municipal solid waste management facilities and are also expected to
promote the IWM strategy.
The Office of Solid Waste provides information and technical assistance to the public (states,
tribes and general citizenry) regarding municipal solid wastes management. Assistance is
provided via monetary grants, response to citizen and congressional correspondence, distribution
of EPA written literature, and preparation and presentation of training courses.
Recycling
The Office of Solid Waste assists communities in developing and implementing recycling
programs so that natural resources will be preserved. A substantial amount of the Office of Solid
Waste's recycling activities involve awarding monetary grants to groups in minority and other
indigenous communities (including the six regional Native American tribes) for the development
and implementation of innovative recycling programs.
Landfills
Stringent federal municipal solid waste landfill criteria went into effect in October 1993. The
criteria include restrictions on landfill location and operation, requirements for technically and
environmentally sound design, closure and post-closure care requirements and stipulations for
corrective action should there be a release to the environment from a landfill. States were called
to demonstrate to EPA that their municipal landfill permit programs were technically comparable
to the new federal municipal landfill requirements. Each of the Region 4 states have gone through
the demonstration process and received EPA approval.
During the review process, the public raised EJ issues with regard to the siting of municipal
landfills. Although not a specific Federal requirement, the Office of Solid Waste considered state
environmental justice activities, as appropriate, and addressed raised issues in the official
responses to comments prior to issuing final approval of state municipal landfill permitting
programs.
Implementation Tools
The Office of Solid Waste will continue to provide assistance, as appropriate and within its
authority, when there is significant community interest or when an EJ complaint is initiated
regarding a municipal solid waste management site. The following steps will be taken once a
complaint has been received:
Research regional files (including those in other programs, if appropriate) regarding
the site to determine regional history and past activities
When necessary, request a demographic study of the site area from the Geographic
32
-------
Information System (GIS) using the standard checklist developed by the Waste
Management Division EJ Program Manager
Contact state regulatory agencies to verify information received from the public and to
determine the state's past activities with and plans for handling environmental justice
issues at the site. If appropriate, make suggestions to the state for handling issues
Present information from research to Waste Management Division EJ Program Manager
and the Office of Environmental Justice
If appropriate, prepare response to complainant
When necessary, participate in state-coordinated site visits and/or attend community
meetings regarding the site to hear public concerns
Follow-up with complainant, as necessary, via mail or telephone
Federal Facilities Branch
Background
Federal Facilities are the installations, plants, field offices and laboratories owned and/or operated
for the federal government under contract. The specific federal facility is the lead agency in
conducting cleanup activities regarding hazardous materials. EPA conducts oversight of these
cleanup activities and as such, will provide guidance and motivation to other federal departments
in environmental justice matters.
Federal Facility Site Identification
Sites will be categorized by the federal department.
The EPA Remedial Project Manager (RPM) shall be responsible for identifying
environmental justice issues in keeping with applicable guidance.
The Office of Integrated Environmental Analysis (OELA), in conjunction with the
Federal Facilities Branch, has developed a standard data format, the Interchange File
Format (IFF) and Geographic Information System (GIS) to develop an end-user
database access software that is titled "Remedial Project Manager tools" (RPM tools).
This system will be available to each RPM as a desktop aid. With the use of standard
demographic information already available in either ARC/INFO, ARCVIEW and/or
LANVTEW, the RPM now will be able to determine the demographic profile of the
community surrounding the facilities as well as potential risks associated with possible
contaminant releases.
33
-------
Implementation Tools
Environmental Justice Qualifiers: Standard demographic information of the surrounding
area will be obtained by using the checklist developed by the Waste Management Division
Environmental Justice Program Manager. At a minimum, the standard demographic
qualifiers will include:
Facility/site location
Radius from facility/site (I mi.,3 mi..and 5 mi)
Minority percentages
Percentage below poverty level
Percentage not completing high school
Additional information is available on an as-needed basis.
An environmental justice site is one defined as having at least 51 percent nonwhite and/or
greater than 50 percent of its population below the national poverty level.
Identify operational history with associated waste streams and disposal activities that mav
be impacting the community. This identifies potential human exposures to contaminants.
This same method will also be used to identify potential exposure of people to contaminants
regardless of ethnicity or economic considerations.
Statute Review
Identify statutes that impact the federal facility or address multi-media releases
Coordinate environmental justice concerns with other program offices by soliciting information
of surrounding businesses where operations may impact site contamination
Internal Coordination
Brief the appropriate EPA section chief (DOE or DOD) once environmental justice or
potential environmental justice issues have been identified
Provide the EJ Program Manager, Waste Management Division, with a summary of the site
history, community issues and/or concerns, and the demographic profile
Provide a copy of the summary to the Office of Environmental Justice
Coordinate activities with the Community Involvement Coordinator, Federal Facilities Branch
Enter data into the Division's tracking system [to be developed]
34
-------
Community Focus
The facility community relations plan must address the minimum requirements of Executive
Order 12898 and the response to EJ issues. The responsible federal department writes these
plans; EPA will review for inclusion of EJ and other issues.
Work with the responsible federal department and facility manager to be sure they develop a
community-based communication strategy that addresses the concerns of all stakeholders. A
community-based communications strategy may include:
Meetings with local, state, federal officials or agencies
Coordinating with local civic, religious and educational institutions
Community outreach or information exchange sessions
Distribution of fact sheets
Community canvassing/interviews
Including information in the repository(ies)
Coordinate activities with the Site-Specific Advisory Board (Citizens' Advisory Board,
Restoration Advisory Board, etc.) and the federal facility.
Utilize community media to inform of outreach and information sessions. This includes paid
radio and television and/or public service announcements and publication of paid advertisement
or news releases in major and minority printed media or major and minority radio and
television stations.
Coordinate with local civic, religious and educational institutions.
Coordinate EJ concerns with federal, state and local health and environmental agencies.
Inform community of assistance (grants, etc.) opportunities and provide guidance with
application process.
Follow-up Actions
Obtaining feedback from the community is important to gauge its opinion of outreach and
communication activities. Some follow-up actions the federal departments could take consist
of:
Issuing self addressed/stamped comment cards that solicit feedback from
the community
Providing summaries of questions and answers from information exchange sessions
or outreach meetings
Conducting follow-up outreach meetings and/or information exchange sessions
35
-------
North and South Site Management Branches
Background
Prior to beginning work on a new remedial site, when a pre-remedial site generates significant
community interest, when an EJ complaint is received, or when internal GIS analysis identifies an
EJ site, project managers working with community relations staff should follow the procedures
described below to insure that EPA is in compliance with EJ requirements. Many of these
procedures correspond with Superfund community relations requirements outlined in the
Community Relations in Superfund: A Handbook. In the case of a new site, community relations
staff will document that the site meets EJ criteria and site specific actions to be taken to insure
that EJ requirements are met in the Community Relations Plan for the site. Care should be given
during the community interview process to determine relevant EJ information explained below.
Developing some of the necessary outreach tools and mechanisfns to implement this EJ Protocol
may require an investment of resources not currently available in the Superfund program. Those
activities requiring additional resources (either in-house or contractor) which are not currently
available are marked with an asterisk (*).
Implementation Tools
The functions of the Waste Program Branch do not interface with EJ communities; staff will
however, be familiar with, this protocol and as needed provide necessary support to the other
programs to satisfy EJ requirements. This includes providing support with regard to Technical
Assistance Grants (TAGs), etc.
Determine demographic makeup of the community surrounding the site by use of GIS,
census data and'interviews with local residents and officials.
Determine the number and kind of facilities (multi-media search, in particular, RCRA and
pesticide operations) and other Superfund activities (CERCLA or NPL) in the vicinity of
the site currently being addressed. Current status of EPA/state activity at these sites,
and community involvement and concern should be ascertained.
Enter information into Division/Region EJ tracking system (*to be developed) and
develop schedule for meeting EJ milestones.
Identify all interested groups (environmental, home owners, civic, social and others) in
the community, in particular environmental and EJ-oriented groups, through community
interviews with local officials, community leaders, and people living adjacent to the site.
Identify local media, in particular minority media as sources of information about the
community and as vehicles for getting information to the affected minority community.
Meet with local groups to determine specific community issues and outreach/information
needs. Ensure that these needs are appropriately documented and addressed in future
outreach efforts.
36
-------
Make groups aware of the availability of T AGs and *provide assistance to any EJ group
in understanding TAG requirements and application process. Provide appropriate
assistance in completing TAG application (examples of completed applications,
application forms on diskette, etc.).
Partner with other EPA programs, federal agencies, state or local agencies, or other
organizations, as appropriate for specific community needs (e.g., Agency of Toxics
Substances and Disease Registry (ATSDR); Department of Interior (DOI); state
environmental and health organizations; air or water program; county human services or
planning/development organizations; county extension services; local colleges).
Determine availability for Community-Based Environmental Protection (CBEP) pilot
opportunities or other special initiatives.
*Based on interviews and needs assessment, offer opportunity to establish a community
working group/community advisory group. The major purpose of this group would be
to provide education and outreach to the interested community on Superfund and their
specific site. The group would provide community input on proposed cleanup activities.
*In conjunction with J or in place of J depending on community makeup and interest,
*deveIop and provide a series of outreach sessions on topics of interest to specific
community, including topics, such as the Superfund process, EPA risk assessment/risk
management, health assessment (working with ATSDR'state health agency), specific
site. *At a minimum, topics should include how community can get information on
environmental/health issues of concern in their communities and what Superfund can and
cannot address.
Identify economic benefits that can be achieved along with clean-up program and use
Superfund STEP-Up program (apprentice/job training) or actively encourage hiring of
local labor and firms as appropriate to site work. RPMs can also encourage
contractors/subcontractors to consider using appropriate minority businesses in EJ
communities.
Throughout EPA involvement at the site, continue to update information in EJ tracking
system.
Throughout EPA involvement at the site, extra effort should be devoted to insuring that
all materials provided to the community and communication with local people are as easy
to understand as possible. Make sure that the blind and hearing impaired and as well as
non-English speaking citizens' needs are met.
Provide community contact(s) to EJ Program Manager and the Regional Office of
Environmental Justice to ensure that community is informed of EJ grants, conferences,
etc. Also ensure that community is informed of the Brownfields Initiative, availability of
environmental education grants, and other resources that may benefit the community.
Assist EJ communities in getting documents and information on other issues. When
37
-------
necessary, refer to the FOIA Office or another program or agency. To the greatest
extent possible, provide specific contacts and information on how to request the
needed documents.
EMERGENCY RESPONSE AND REMOVAL BRANCH
Background
Prior to beginning work on a new removal site when an EJ complaint is received, OSCs working
with community relations staff should follow the procedures described below to insure that EPA
is in compliance with EJ requirements. Many of these procedures correspond with Superfund
community relations requirements.
Developing some of the necessary outreach tools and mechanisms to implement this EJ Protocol
may require an investment of resources not currently available in the Superfund program. Those
activities requiring additional resources (either in-ho'use or contractor) which are not currently
available are marked with an asterisk (*).
Implementation Tools
The Waste Program Branch functions do not interface with environmental justice communities;
staff will, however, be familiar with this protocol and as needed provide necessary support to
the other programs to satisfy EJ requirements.
Determine demographic makeup of the community of surrounding the site location by
use of GIS, census data and interviews with local residents and officials. OSCs. will
provide site location information to the response center manager who will determine
latitude and longitude of the removal site. Community Involvement Coordinator and the
OSC will plan community relations strategy to be used to assure public involvement.
Demographic information will be provided to the £J program manager
Determine the number and kind of facilities (multi-media search, in particular RCRA and
pesticide operations) and other Superfund activities (CERCLA or NPL) in the vicinity of
the site currently being addressed. Current status of EPA/State activity at these sites,
and community involvement and concern should be ascertained.
Enter information into Division/Region EJ tracking system (*to be developed) and
develop a schedule for meeting EJ milestones.
Identify all interested groups (environmental, home owners, civic, social and others) in
the community, in particular environmental and EJ-oriented groups, through community
interviews with local officials, community leaders, and people living adjacent to the site.
Identify local media, in particular minority media as sources of information about the
community and as vehicles for getting information to the affected minority community.
38
-------
Partner with other EPA programs, federal agencies, state or local agencies, or other
organizations, as appropriate for specific community needs (e.g., ATSDR; DOI; State
environmental and health organizations; air or water programs; county human services or
planning/development organizations; county extension services; local colleges).
*Develop and provide series of outreach sessions on topics of interest to specific
community, including topics, such as the Superfund process, EPA risk assessment/risk
management, health assessment (working with ATSDR/state health agency), specific
site. *At a minimum, topics should include how community can get information on
environmental/health issues of concern in their communities and what Superfund can and
cannot address.
Actively encourage hiring of local labor and firms as appropriate to site work. OSCs can
also encourage contractors/subcontractors to consider using appropriate minority
businesses in EJ communities, consistent with established small business goals.
Throughout EPA involvement at the site, continue to update information in EJ tracking
system.
Throughout EPA involvement at the site, extra effort should be devoted to insuring that
all materials provided to the community and communication with local people are as easy
to understand as possible. Make sure that the blind and hearing impaired and as well as
non-English speaking citizens' needs are met.
Provide community contact(s) to EJ Program Manager and Regional Office of
Environmental Justice Office to ensure that community is informed of EJ grants,
conferences, etc.
Assist EJ communities in getting documents and information on other issues if possible.
When necessary, refer to the FOIA Office or another program or agency. To the
greatest extent possible provide specific contacts and information on how to request the
needed documents.
RCRA PERMITTING AND COMPLIANCE BRANCH
RCRA Permitting Section
Background
Region 4 states are authorized to issue RCRA operating (and post-closure) permits to hazardous
waste facilities. The states are currently not authorized to issue permits to Boiler/Industrial
Furnace facilities (BIFs), but will be authorized in the near future. In addition, the siting of new
facilities to treat and/or store hazardous waste is increasingly a state/local issue rather than a
federal issue. Presently there are limited siting requirements primarily related to the hydrogeology
of the site rather than its demographics.
39
-------
The remaining permits issued by the Region 4 RCRA program are designed to compel assessment
and remediation of releases to the environment of hazardous waste constituents. As a result, these
tend to be noncontroversial since the clean up of contaminated RCRA sites is obviously in the
best interest of all neighboring parties.
Due to the above-mentioned circumstances, the effectiveness of any regional EJ program
depends in large part on state participation. A pending rule change on implementing enhanced
public participation in the RCRA permitting process has an effective date of June 11, 1996.
These new procedures will afford the permitting authority an opportunity to address
environmental justice issues at a number of points in the rather lengthy permitting process. The
states have been asked by the Region to begin implementing the rule even before the effective
date, and before the states' adoption of the rule.
Implementation Tools
The Region's RCRA Branch will continue to provide assistance, as appropriate and within its
authority, when there is a significant degree of community interest and concern, and/or there is
a formal environmental justice complaint at a hazardous waste management site. Once a
complaint has been received, the Branch staff will assist according to the following steps:
Contact the appropriate state regulatory agency(ies) to apprise them of the complaint if
the agency(ies) have not been made aware of it, or the issues related to the complaint.
Attempt to verify information received from the public, and the state's response
Research regional files regarding the site to determine the history of past permitting
activities
When necessary, prepare a demographic analysis of the study area with the assistance of
Regional staff capable of providing such support through the use of the GIS;
Present information obtained from the state contacts and staff research to the Waste
Management Division and Office of Environmental Justice
When necessary and appropriate, participate in state-coordinated site visits and/or attend
community meetings regarding the site to hear public comments
Follow up with complainant, as necessary, via mail or telephone
Corrective Action
If EJ concerns are raised by individuals in the vicinity of a site undergoing RCRA corrective
action, the need to do a demographic analysis will be determined .by location of the complainants
and the known history of releases at the facility. This information is available in the files of the
Region or authorized state. In addition to the normal public participation opportunities, the
community may avail themselves of the Region (if they are the permitting authority). This will
provide additional opportunities for information exchange prior to formal remedy selection. This
would be done by advertising the availability of the Corrective Measures Workplan anchor study
40
-------
(CMS). The dissemination of this information would be accompanied by a fact sheet describing
the processes identified in the CMS in nontechnical terms to the extent possible.
The more formal process of public noticing the peimit modification, incorporating the selected
remedy, would be enhanced by being sensitive to the audience involved in radio announcements
and newspaper publications. If feasible, the Region would seek to establish an information
repository in the immediate area of the site in question so the history of the site and decisions
being contemplated are available for public review.
RCRA Compliance and Enforcement Section
As with RCRA Permitting, the primary authority to plan compliance activities and issue
enforcement actions to facilities rests with the Region 4 states. Although EPA retains
independent federal authority to conduct inspections and take enforcement actions, EPA actions
represent a relatively small portion of the universe of facilities managed pursuant to RCRA.
However, Region 4 does plan and conduct a number of inspections within' the Region. These
inspections are planned using a neutral inspection planning process, which includes among a
number of different factors any prior complaints or concerns raised by the public at large. With
regard to enforcement, Region 4 undertakes federal enforcement in RCRA matters where the
states are not authorized or where EPA, often in conjunction with the state agencies, has
determined that federal enforcement is appropriate. If an enforcement action involves EJ
concerns, then during settlement negotiations RCRA plans to encourage the use of supplemental
environmental projects which may benefit the local community. Again, this represents a relatively
small universe of the actual enforcement taken.
Implementation Tools
For every corrective action order issued by the RCRA Compliance Section, a demographic
analysis will be conducted. If the site is determined to be in an EJ area of concern or if
complaints relating to EJ are received on a particular facility, then EPA will develop a plan
which will at a minimum do the following:
Provide for dissemination of information related to corrective action
Provide appropriate opportunities for public comment.
OFFICE OF REGIONAL COUNSEL
Background
Because the Office of Regional Counsel's (ORC) role is primarily one of service and support to
the Program, ORC's Environmental Justice Protocol will primarily involve becoming familiar with
the Program's protocol and helping the Program client to implement that protocol. For example,
ORC would be involved in the program's efforts to identify matters that implicate EJ concerns.
41
-------
ORC would also help the Program, after EJ sites or matters have been identified, in
(L) determining the appropriateness of implementing various EJ Initiatives in particular cases, and
(2) implementing community outreach and community relations activities. ORC will be active as
a team member in implementing the EJ Protocol of whichever program is involved in a particular
matter (e.g., Superfund, RCRA, Federal Facilities).
Even though ORC will be involved in a general way in implementing the Program's EJ Protocol,
the following list sets forth ORC specific activities or ways in which ORC can support the Waste
Division's Implementation of an Environmental Justice Protocol:
Implementation Tools
ORC will assist the Program by identifying legal authorities (including non-Waste
Division legal authorities) that may be useful in implementing EJ initiatives, and in
identifying limitations of legal authorities that may be used in particular matters.
ORC can assist the Program by explaining to the public the limitations of relevant legal
authorities; this can enhance Program credibility in situations where community goals
and expectations exceed what can be done legally. ORC can also help the Program
explain to the public the types of things that can legally be done by EPA.
ORC can integrate EJ concerns into enforcement negotiations and settlements:
Seek to involve Respondents/PRPs in addressing EJ concerns;
In settlement of regulatory enforcement matters, consider Supplemental
Environmental Projects which address presence of disproportionate human
health or environmental impact on low-income, minority communities.
Insure that EJ responsibilities and considerations are adequately reflected in
Memorandum of Agreements with states with delegated programs.
ORC can provide general legal support in the implementation of EJ initiatives.
For example, with the Brownfields Initiative, because of the need for
Prospective Purchaser Agreements, can require a significant commitment of
legal resources. Other case-specific EJ measures may similarly require
significant legal support, and ORC must be prepared to commit adequate
resources.
42
-------
WATER MANAGEMENT DIVISION
ENVIRONMENTAL JUSTICE PROTOCOL
43
-------
Background of the Divisional Protocol
Environmental justice refers to the distribution of environmental risks across population groups
and to-policy responses to these distributions. At its core, environmental justice means fairness.
It speaks to the impartiality that should guide the application of laws designed to protect the
health of human beings and the productivity of ecological systems on which all human activity,
economic activity included, depends.
On February 11, 1994, President Clinton issued Executive Order 12898, "Federal Actions to
Address Environmental Justice in Minority Populations and Low-Lncome Populations," and an
accompanying Presidential memorandum, to focus federal attention on the environmental and
human health conditions in minority communities and low-income communities. The Executive
Order, as amended, directs federal agencies to make environmental justice a part of their mission
by identifying and addressing, as appropriate, disproportionately high and adverse human health
or environmental effects of their programs, policies, and activities on minority and low-income
populations. The Order also directs federal agencies to allow all portions of the population a
meaningful opportunity to participate in the development of, and compliance with, federal laws,
regulations and policies, affecting human health or the environment.
Water Management Division is supportive of the Office of Environmental Justice (OEJ) and its
mission to ensure that environmental justice is achieved in all of Region 4's activities. This section
of the Regional EJ protocol reflects a strategy to incorporate EJ into the Division's activities. The
following sections reflect the Division's goals for achieving Environmental Justice (Section II) and
eight specific areas in which the Division pledges to support EJ efforts (Sections M-X). Each
area also identifies implementation tools which may be used by the Division in support of EJ
efforts.
The following chapters represent the Division's EJ strategy, the "ideal picture" of how the
Division would be incorporating EJ as part of our routine business within the Division. The
Division may choose to compose short-term strategies (including implementation dates) or simply
to implement items out of this strategy. The strategy will be evaluated and updated as necessary.
On an annual basis, the various Water Management Division branches will attempt to implement
the strategy within their branch activities. Branches will identify specific EJ implementation
activities and commit to them in workplans. The branches will also work with the Environmental
Accountability Division (EAD) to incorporate EJ elements into cross-Divisional activities.
Branches will evaluate their progress against the activities committed to in branch workplans and
evaluate progress in cooperating with EAD to fulfill environmental justice goals.
Goals of the Divisional Protocol
The Water Management Division will continue coordination with the Regional Office of
Environmental Justice, the Office of Integrated Environmental Analysis, and the States to identify
EJ communities or populations within the Region that may be affected by impaired water quality.
The Division will work with EAD to develop future steps to target and track enforcement and
compliance assurance in these areas. The Division will also strive to educate the citizens of
affected or potentially affected EJ communities.
45
-------
The Water Management Division's goals for ensuring environmental justice are:
Implement items out of this strategy to identify and address, as appropriate,
disproportionately high and adverse human health and environmental effects of water and
land resources protection programs, policies, and activities on minority and low-income
populations.
Strive to protect and improve the Region's waters to support a diverse and healthy
ecosystem, and meet the needs of all segments of a growing population. Information on
the environmental effects to Regional waters will be available and distributed in a manner
to reach all segments of the population.
Each Water Management Division employee shall become aware and sensitive to
environmental justice issues and shall support the Division's EJ strategy as a part, of his or
her daily duties.
ENFORCEMENT
The following implementation tools may be used by the Division in addressing EJ within various
aspects of the enforcement program.
Inspections
Implementation Tools
In coordination with EAD, target areas of EJ concern through the use of existing
materials, including the use of the Geographic Information System (GIS), areas of
continuing noncompliance, etc.
In coordination with EAD, access the database created for the Region's multi-media
initiative which also targets EJ concerns. The database utilizes zip codes to generate
demographic data for each facility.
In coordination with EAD, conduct joint (state/federal) and multi-media overview
inspections at facilities in EJ communities. Ensure timely and appropriate follow-up
action(s) and, when necessary, support federal action(s) to address EJ concerns.
Enforcement Actions
Implementation Tools
Where appropriate, integrate pollution prevention into enforcement settlements involving
facilities located in or which impact EJ communities.
46
-------
Supplemental Environmental Projects
Implementation Tools
May use SEPs to address some EJ concerns and help affected communities obtain
solutions to environmental problems.
May use SEPs to encourage a violating facility to work with local communities to
heighten environmental awareness, foster a good relationship and promote environmental
education.
Consider SEPs that promote accelerated compliance.
State Enforcement/EPA Overview
Most EPA Water Programs are now delegated to the States with EPA maintaining an oversight
role. A good partnership with States !s necessary to ensure that EJ will be addressed in all aspects
of the programs, including where appropriate, in its enforcement programs.
Implementation Tools
Offer to conduct joint State/EPA inspections in areas with possible EJ concerns.
Offer to. provide valuable information concerning EJ communities and support State
efforts to target affected communities for EJ and compliance activities. Supply
compliance data for facilities located in EJ communities to States with delegated
programs using targeted facilities which present continuous compliance problems.
Project XL
Project XL is a program intended to link regulatory flexibility with results and to create real world
tests of performance-based environmental protection. There are four categories of XL projects:
(1) facilities; (2) sectors; (3) government agencies regulated by EPA; and (4) communities.
Industrial XL projects involve EPA granting flexibility from current requirements to a regulated
entity or group of entities. In exchange, regulated entities make an enforceable commitment to
achieve environmental results better than what would have been attained through full compliance
with tlrose requirements. XL Community projects may involve EPA working with community
groups tq provide technical support or the coordination of federal programs to facilitate the
project's aim of achieving greater environmental quality.
President Clinton in his "Reinventing Environmental Regulation" initiative that created XL,
directed that projects be "transparent, so that citizens can examine assumptions and track progress
towards meeting promised results." EPA has also been directed to "consult extensively with the
affected State and local community" before approving a project for implementation. In each
case, environmental justice must be considered and if EJ could be a concern the this must be
considered in the solutions being proposed by the XL participant.
47
-------
Special initiatives
There are many special initiatives being pursued by EPA at all times. Since these initiatives target
a specific area, it is an excellent time to consider the need for EJ. If EJ is determined to be a
concern, then it must be considered in the purpose and conclusion proposed for the special
initiative area.
Tribal Lands
EPA has primacy for the implementation and enforcement of all regulations pertaining to water on
Region 4 Tribal lands. The Agency typically provides technical assistance to the Tribes prior to
the enactment of any informal or formal enforcement action. Working in partnership.with the
Tribes and other federal agencies associated with Tribes, the Division includes EJ as part of its
Tribal assistance efforts, and will continue to do so. Although they have areas of commonality,
each Tribe requires individualized EJ initiatives due to their various locations in different States,
the topography of the area, the availability of resources, their Tribal Councils, etc. EJ efforts are
thus administered on a Tribe-by-Tribe basis. The Division will also continue its policy of working
with States in which Tribal lands are located to ensure that EJ is considered on State/Tribal
.maters.
REMEDIAL OR CORRECTIVE ACTIONS
The Water Management Division does not work extensively on "remedial" or "corrective action"
projects like those more commonly identified with Waste Division programs. The Division's
activities more often involve permitting and management programs designed to either maintain or
restore surface and ground water resources on a broad scale. Two exceptions are the
Underground Injection Control (UIC) and Underground Storage Tank (UST) programs.
UIC Program
The UIC program has emergency authority to require individuals to cease and desist in the
degradation of underground sources of drinking water. Such actions, known as "1431 orders",
are strong environmental tools in protecting the Region's ground water supply. However, due to
their "emergency" and site-specific nature, EJ cannot be considered a major factor in their
development or use.
UST Program
The UST program requires corrective action when petroleum and hazardous substances are
released from underground tanks. Corrective action includes those steps necessary to eliminate
immediate hazards caused by released products, e.g., vapors which can reach explosive levels. It
frequently involves providing alternative water supplies to affected parties and in most cases
includes the management of contaminated soil and ground water.
48
-------
Most sites with releases from underground tanks are small enough that they don't individually
raise environmental justice concerns. However, taken as a whole, the universe of contaminated
sites within a single State or smaller geographic area could represent a situation with a
disproportionate impact on minority and low income populations.
Region 4's leaking underground storage tank sites are managed by the States, with two
exceptions. Hazardous substance tanks in Tennessee and all tanks on Indian lands continue to be
directly regulated by the Agency. Given the primary role of the States in the UST program, the
Division will work with the individual States to accomplish the goals outlined in this strategy.
Implementation Tools
The Regional UST program will serve as a conduit to the States for general information
they will need to incorporate EJ objectives into their management plans. The Regional EJ
strategy outlines a number of products under development in the Regional Office that will
be useful in that regard. Those particularly relevant to the UST program include:
Information defining the overall environmental justice data needs and the
availability of data necessary for assessing the needs of affected communities.
Mechanisms for providing States with data which will assist in the evaluation of
EJ concerns.
The identity of low income and minority communities within the Region
impacted by federally permitted facilities/sites and other known releases of toxic
or hazardous substances.
The Office of Underground Storage Tanks (OUST) has developed guidance on considering
EJ as a factor in managing UST cleanup programs. The Regional program will work with
the states to incorporate that guidance into their programs.
Brownfield sites are commonly associated with EJ issues, and underground storage tanks
are frequently a contributing factor to "brownfield" designations. The UST program will
work closely with the Region's Brownfields Coordinator and the States to assure that UST
issues at brownfield sites are properly addressed.
PERMITTING
The Clean Water Act and supporting National Pollutant Discharge Elimination System (NPDES)
contain requirements to provide the public with an opportunity to review and comment on
proposed permit issuance actions. A NPDES permit is required of all discharges to waters of the
United States. In Region 4, the States primarily administer the NPDES permitting program and
consequently issue most NPDES permits. Some assistance is provided from Region 4 in certain
permitting areas (e.g., sludge).
49
-------
The Safe Drinking Water Act (SDWA) also requires that public participation be met in
Underground Injection Control (UIC) programs, whether administered by the States or by EPA.
A UIC permit is required to assure that underground injection will not endanger drinking water
sources. Region 4 administers the permitting programs in Kentucky and Tennessee and the other
six States administer their own programs.
For both of these permitting programs, the Division will work with states to ensure that affected
or potentially affected EJ communities are notified of actions which may impact their communities
and allow them a voice in the process. The Division will also ensure the same education and input
opportunities for permits which it issues.
State Actions
The Division will encourage the following activities to be performed by the states, and where
necessary, perform them in cooperation with state permitting authorities.
Distribute public information throughout the term of issued permits. Provide a list of
pollution sources in the affected area which includes permit expiration dates, a narrative
about the operational activities of facilities, and other pertinent information.
Intensify public information activity immediately prior to and during public notice of
proposed permit issuances/renewal actions.
Draft permits and include a statement in the rationale for permit development discussing
considerations and actions taken to assess impacts on communities that may be subject to
disproportionately high or adverse human health or environmental effects from pollution
sources.
Announce public notices of proposed permit actions. Determine the potential impacts of
pollution sources on water and land resources in the area and downstream of the facility. If
a pollution source is determined to be a potential cause for EJ concerns, schedule and hold
public/town meetings.
EPA Actions
Where£PA is the permitting authority, the Division will ensure that the above listed activities
(Section A . 1-4) are performed.
PUBLIC OUTREACH/EDUCATION.
Education and community benefit are paramount to achieving "tme" environmental justice.
Increased public understanding of pollution sources and their impacts on local communities is
necessary to gain sufficient acceptance of environmental actions and to ensure their success. This
is especially true for minority and low income communities. In many cases, these communities
lack the legal means necessary to effectively organize political activities on their own behalf.
50
-------
Water Management Division will assist OEJ in identifying, educating and reaching out to
appropriate stakeholders, and in championing fair and equitable treatment for stakeholders and
their communities.
Education
Water Management Division will work with the Office of Environmental Justice to provide
environmental information and education to EJ communities. Educating citizens about
environmental affairs will assist them in protecting their communities and enable them to better
participate in environmental decisions which affect them.
Implementation Tools
The following are potential implementation tools:
Increase the involvemenrof ethnic caucuses, religious groups, the press, and legislative
staff in resolution of EJ issues.
Make presentations, carry out speaking engagements, conduct interviews, lectures and
seminars in areas of EJ concern. Hold meetings to develop partnerships between
agencies, workers, and community groups. (Ensure mechanisms are in place to facilitate
partnerships via cooperative agreements, etc.)
Publish newspaper articles and announcements, targeting publications common to the EJ
area, explaining any environmental activities being undertaken and their effects on the
community.
Distribute program materials to States, local officials, and EJ communities. Review
printed materials and revise, as necessary, to assure "user friendly" language that can be
understood by all citizens in low income and minority communities. (Targeted
documents may be translated for limited English-speaking populations, as appropriate
and as resources are available.)
Continue existing public outreach programs to schools and incorporate EJ into the
curriculum.
Continue distribution of the Water Sourcebook for grades 3-5 to educators in the
Southeast, including EJ communities. Also, complete the Water Sourcebook for grades
K-2,6-8, 9-12 and help distribute.
Outreach
The media can effectively reach out to people of all cultures, faces, and income levels.
Newspapers, radio and television, special mailings and electronic media, can be used to
communicate important information to EJ comrhunities. All information should be presented in as
51
-------
understandable, sensitive, and respectful a manner as possible and should be readily accessible to
the community.
The following are potential implementation tools:
Implementation Tools
Share technical information (e.g., findings from an inspection) among community
members with an emphasis on being understandable, and respectful of race, ethnicity,
gender, language, and culture.
Develop Public Service Announcements or advertisements to educate and inform
citizens.
In cooperation with the Office of Public Affairs, develop mailing lists for potential EJ
areas.
Where appropriate, place articles, public notices, meeting announcements and any other
pertinent information on an Electronic Bulletin Board, or Home Page, and use electronic
mail to deliver to interested parties.
Public Hearings/Town Meetings
Public hearings and public meetings on all Water Management Division issues should be
conducted to maximize public participation in the compliance/enforcement decision-making
processes of EJ areas. Community members should be encouraged to ask questions and discuss
issues using as many means as possible. In support of this objective, the Water Management
Division will use the following principles in organizing and conducting public meetings and
hearings:
Maintain honesty and integrity throughout the process;
Recognize community/indigenous knowledge;
Encourage active community participation;
Utilize cross-cultural formats and exchanges.
Water Management Division employees will strive to:
Meet with local EJ stakeholders: citizens, community organizations, and local businesses,
etc. Where possible, the Division will allow EJ stakeholder input when forming meeting
agendas. Organize meetings to provide an open exchange of ideas and enough time to
consider issues of community concern.
Schedule meetings and/or public hearings to make them accessible and aser-friendly for
EJ stakeholders. Times should not conflict with work schedules, rush hours, dinner
hours or other community commitments that may hamper attendance. Location and
facilities should be local, convenient and represent neutral turf. Provide assistance for
52
-------
hearing impaired individuals and translators for limited-English speaking communities, whenever
practical and appropriate.
Create an atmosphere of equal participation (e.g., avoiding a "panel of experts" or "head
table" approach, using a neutral facilitator trained in EJ issues). Prior to meetings,
ensure that EJ stakeholders have enough information and education to fully participate.
Advertise the meeting and its proposed agenda in a timely manner through print and
other media. Provide a phone number and/or address for people to learn about pending
meetings, issues, etc., to enter concerns, or to provide input to meeting agendas.
' After meetings, present feedback and minutes as soon as practically possible. Ensure
follow-up on issues of community concern (create a list of concrete actions, responsible
parties, and a schedule to address concerns, where appropriate).
Other Programs
Identify target audiences through GIS or other databases.
Facilitate development and implementation of State EJ and outreach programs.
Utilize, as appropriate, Historically Black Colleges and Universities (HBCU) and Minority
Institute (MI), Hispanic Serving Colleges and Universities (HSCU) and Indian Centers to
network and form community links that they can provide.
Promote interagency coordination to ensure that the most far reaching aspects of EJ are
sufficiently addressed in a timely manner. (Environmental solutions often require many
agencies and other stakeholders to work together efficiently and effectively.)
Consider other vehicles to increase participation of EJ stakeholders: (a) Posters and exhibits;
(b) participation in civic or community activities; (c) public database and bulletin boards;
(d) surveys; and (e) telephone hotlines.
COMMUNITY BASED ENVIRONMENTAL PROTECTION
The Region's emerging Community-Based Environmental Protection (CBEP) approach includes
well-established Water Management Division efforts such as the National Estuary Program
(NEP), Watershed Protection Approach (WPA), and State river basin planning. These EPA and
State efforts provide unique opportunities to engage a broadly representative group of
organizations and citizens in the process of managing environmental issues for the benefit of the
whole community.
Mechanisms are available to allow a proper balance of community representation in CBEP
activities. Many involve bringing individuals who represent environmental justice concerns into
the planning and implementation phases of CBEP activities, as direct participants in the work.
Mechanisms for indirect participation involve educating the community at large about issues and
53
-------
encouraging and receiving input from any interested individual.
There are at least two avenues for the Region and the Division to consider EJ issues within CBEP
activities. First, environmental justice concerns can be considered in the selection process for
identifying geographic areas for new CBEP projects. Second, existing CBEP projects in the early
or mid-stages of project life could be evaluated for environmental justice issues. Where such
issues exist, plans may be developed and implemented to bring the appropriate stakeholders into
the CBEP process. Through this process, the legitimate concerns of the community can be
addressed.
Each CBEP project process and structure is different. Some cover geographically large areas;
some are geographically much smaller covering only a city or county. The smaller project areas
are typically better suited for dealing with environmental justice issues. Within the CBEP project
structure, a balanced representation of community organizations, businesses. State, local and
federal agencies, conservation and environmental organizations and others can be achieved. The.
Division will strive to ensure that individuals representing these areas be brought into both the
CBEP planning and implementation phases as direct participants in the work.
The Division's CBEP efforts will also strive to equip communities with the information and
education they need to be meaningful contributors in a CBEP process. This means providing
understandable technical and program information to community members, and finding effective
ways to distribute information.
Details on how the mechanisms listed below can be used within CBEP may be incorporated into
individual CBEP project implementation plans or the CBEP Implementation Strategy.
Direct Participation
Implementation Tools
Seek to recruit members to serve on citizen advisory committees who can adequately
represent minority or low income groups within the project area.
Communicate with local community groups about opportunities to apply for grant
monies for demonstration projects.
Recruit citizens who can adequately represent minority or low income groups who can
provide information and/or participate in local conferences, workshops, festivals, and
different school events associated with the CBEP project.
Outreach and Education
Implementation Tools
Use local universities/community colleges as a repository for information about CBEP
and related EJ issues.
54
-------
Use local universities/community colleges to produce videos or other appropriate
outreach materials to educate citizens on how they can become involved in protecting
the environment. Air videos on public TV; place materials in local libraries where they
will.be readily available to schools, civic and community organizations, and other local
interest groups which represent EJ communities.
~ Develop information about water issues in specific geographic areas and distribute the
information through channels most likely to reach minority and low income populations.
PERFORMANCE PARTNERSHIP AGREEMENTS & GRANTS
Region 4 will be participating in the National Environmental Performance Partnership System
through the development of Performance Partnership Grants (PPGs) and Performance Partnership
Agreements, (PPAs), with states. This system offers a new approach to implementing state-EPA
(or tribal-EPA) relationships.
States and federally recognized tribes are eligible to apply for Performance Partnership Grants
(PPGs) which may combine up to 6 categorical water grants into one or more PPGs. PPAs may
either supplement or replace the categorical workplans for any or all of the grants which states
elect to be covered by a PPG. In addition to the core program requirements for grants covered by
the PPG, a PPA will identify EPA roles and responsibilities, state-EPA initiatives, and special
focus areas. EJ could likely be a focus area identified in state PPAs. However, it is envisioned
that EJ be integrated throughout water programs and other programs covered by PPGs or
categorical grants.
Water Management Division will encourage states using either the PPG/PPA process or
traditional categorical workplan process to include EJ in their environmental protection activities.
The Division, as well as other media programs, may encourage states to develop an EJ strategy
for inclusion into routine activities. As well, the Division may target individual program
workplans, asking states to target EJ communities for particular activities.
ENVIRONMENTAL JUSTICE GRANTS
Through the Office of Environmental Justice, there are two grants for which an eligible grantee
can apply: Environmental Justice (EJ) Small Grant or the Community /University Partnership
(CUP) Grant. The Water Management Division will continue to pursue these grant opportunities
for water systems, municipalities and other entities.
EMPLOYEE AWARENESS AND SENSITIVITY
Implementation Tools
An EJ training program will be developed for Water Management Division employees to
increase awareness of the specific needs and circumstances of minority and economically
55
-------
disadvantaged communities. Training will also focus on practical ways in which employees
may identify-and assist such communities in achieving environmental justice.
56
-------
CROSS-CUTTING AND MULTIMEDIA
PROGRAMS
ENVIRONMENTAL JUSTICE PROTOCOL
(UNDER CONSTRUCTION)
57
-------
58
-------
APPENDICES
59
-------
60
-------
1. NAME
2. DATE
3. MAY THE AGENCY DISCLOSE THIS INFORMATION?
~ Yes ~ No
4. STREET ADDRESS
5 CITY
6. COUNTY
7. STATE
8. ZIP CODE
9. ORGANIZATION REPRESENTED
10. DAYTIME TELEPHONE NUMBER
11. EVENING TELEPHONE NUMBER
ENVIRONMENTAL JUSTICE COMPLAINT FORM
12. LOCATION OF PROBLEM (Include city, county, state and. if applicable, name of facility)
13. APPROXIMATE SIZE OF POPULATION
14. DOMINANT RACIAL/ETHNIC MAKEUP OF COMMUNITY {Check one of the following)
African American/Black Q Hispanic
Asian/Pacific Islander Q Native American
Caucasian/White Q Other
(Please specify)
15. ECONOMIC MAKEUP OF COMMUNITY (Check one of the following)-
B$0 to $6000.00 Q $12001.00 to $15600.00
$6001.00 to $9000.00 fl $15601.00 to $18000.00
|[ $9001 00 to $12000.00 Q Above $18001.00
16a. DESCRIPTION OF PROBLEM (Please specify affected resources, eg soil, water and/or air)
16b. PROBLEM TYPE (Check all that apply)
§ Solid/Hazardous Waste
Pesticides/Toxins
Other
(Please specify)
17. HOW LONG HAS THE PROBLEM EXISTED?-
. Year(s)
Month(s)
. Week(s)
Day(s)
18. LIST ALL AGENCIES WHICH HAVE BEEN NOTIFIED REGARDING THIS PROBLEM
19. EXPLAIN ACTION(S) TAKEN BY AGENCY(IES)
20. EPA CONTACT PERSON
21. TYPE OF INQUIRY
j"~| Complaint/Grievance Q General Information
-------
ENVIRONMENTAL JUSTICE PROTOCOL DEMOGRAPHIC REQUEST
1. SITE NAME
2. STREET ADDRESS
3 CITY/TOWN
4 COUNTY
5. STATE
6 ZIP CODE
7. TYPE OF AREA
n Urban Q Rural
8. LATITUDE OF SITE
9. LONGITUDE OF SITE
10. DESCRIPTION OF THE PROBLEM
11. LOCAL CONTACT
12. TELEPHONE NUMBER
13. ENVIRONMENTAL PROGRAMS INVOLVED
14. EPA CONTACT
15. TELEPHONE NUMBER
16. OIEA RESPONSE NEEDED BY:
17. DATE OF REQUEST
------- |