National
ENVIRONMENTAL
JUSTICE
ADVISORY
COUNCIL
A Federal Advisory Committee to the
U.S. Environmental Protection
Renaissance Madison Hotel
Seattle, Washington
December 3 through 6, 2001
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CONTENTS
GENERAL AND ADMINISTRATIVE
Agenda
NEJAC Members
- NEJAC at a Glance
- List of NEJAC Members by Category
- Biographies of NEJAC Members
NEJAC Background
- NEJAC Charter
- NEJAC Bylaws
- NEJAC Strategic Plan
- Text of Executive Order 12898
FISH CONSUMPTION AND WATER QUALITY
Fish Consumption Report Summary
List of Members of NEJAC Fish Consumption Workgroup
SUBCOMMITTEES (Agendas, Lists of Members, and Summaries of Activities)
Air and Water Subcommittee
Enforcement Subcommittee
Health and Research Subcommittee
Indigenous Peoples Subcommittee
International Subcommittee
Puerto Rico Subcommittee
Waste and Facility Siting Subcommittee
OUTREACH
List of EPA Environmental Justice Points of Contact
Handouts: Virtual Site Tour
General Guidelines for All Public Comment Sessions
Written Comments
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NEJACs Meeting Changes
At a Glance
~ New Deliberative Format
The NEJAC meeting will be organized in a way which creates the best
environment for a deliberative process. Meetings will be conducted in a
round table format. Having the round table format will allow the NEJAC to
engage in robust dialogue on the issues and topics under discussion. The
public comment period will still be conducted in the traditional open format.
The NEJAC decided that in order to effectively engage in a deliberative
process a change in the physical structure was needed.
~ "Virtual" Tour Dialogue With the NEJAC
Structured Presentations for the NEJAC Executive Council will take place on
December 3, 2001. This is an opportunity for stakeholders to present their
views to the NEJAC as it relates to the broad public policy issue relating to
water quality standards, fish consumption and the issue of environmental
justice. This tour will take the place of an actual site visit, and is geared to
present a holistic view of the environmental and public health concerns of the
community. This virtual tour, however, will not take the place of the
regularly scheduled open public comment period.
~ Draft Public Policy Advice Issue Paper
The focused public policy issue of the December 2001, NEJAC meeting is
the relationship between water quality, fish consumption and environmental
justice. A synopsis of this issue is presented in a short topic draft paper
available in your meeting materials. This synopsis is part of a draft policy
issue report that was prepared by a NEJAC workgroup and this draft report is
available at the handout table. The purpose of this synopsis, as well as the
draft policy issue report, is to present a short analysis of the range of topics
that the Executive Council will consider in providing advice and
recommendations to the Agency.
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EPA Regional Listening Sessions
This question has special significance to the NEJAC because many local site-
specific issues historically have been brought to the NEJAC's attention.
While recognizing that the NEJAC does not have authority to address these
site-specific issues, it also understands that its ability to function effectively in
providing advice and recommendations to the EPA Administrator is
dependent on EPA's ability to find mechanisms which respond effectively to
these local issues.
Hence, the OEJ has initiated a process whereby EPA regional offices have
agreed to conduct local listening sessions and other activities to address site-
specific issues, many of which have come to the NEJAC's attention by virtue
of its public comment periods. This should be seen as part of the continuing
implementation of the OEJ's goal of integrating environmental justice in all
EPA's policies, programs, and activities. Because so many of these issues
have come to the NEJAC's attention, it has a special interest in ensuring the
implementation of this process. As soon as a strategy for conducting these
sessions by the EPA Regions has been formulated, the OEJ, in conjunction
with EPA regions, will provide a report to the NEJAC. The NEJAC, in its
role as an advisoiy body, will advise EPA on the implementation of this
strategy and provide a set of recommendations regarding these regional
listening sessions.
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Renaissance Madison Hotel
December 3 through 6,2001
December 3, 2001
12:00 noon
2:00 p.m.
6:00 p.m.
December 4, 2001
7:30 a.m.
8:30 a.m.
9:30 a.m.
5:00 p.m.
7:00 p.m.
9:00 p.m.
December 5,2001
8:00 a.m.
9:00 a.m.
5:00 p.m.
December 6, 2001
8:00 a.m.
9:00 a.m.
5:00 p.m.
AGENDA
Registration
NEJAC Convenes
Opening Statements
Community Welcome
"Virtual Tour" Dialogue with the NEJAC
NEJAC Adjourns for the Evening
Registration
NEJAC Reconvenes
NEJAC Strategic Plan
NEJAC Policy Issue Discussion
Panels and expert testimony
The relationship between water quality, fish consumption, and environmental
justice
DINNER
Public Comment Period
NEJAC Adjourns for the Evening
Registration
NEJAC Subcommittees Convene
Air and Water - South Room
Enforcement - Not Meeting
Health and Research - Municipal Room
Indigenous Peoples - Superior Room
International - North-West Room
Waste and Facility Siting - Federal Room
Subcommittees Adjourn
Registration
NEJAC Reconvenes
Implementation of NEJAC Strategic Plan
Business requiring executive action
Subcommittee report outs
Updates on prior NEJAC meeting reports
Next steps for Seattle meeting
NEJAC Adjourns
"Because of the chemical sensitivity of many people,
we are encouraging attendees to not wear scented toiletry items"
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NEJAC
Members
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
SUBCOMMITTEE MEMBERSHIP 2001
STAKEHOLDER BREAKDOWN
* Denotes NEJAC Council Member
** NEJAC Chair
AC = Academia
SL = State/Local Govt.
CG = Community Group
T/l = Tribal/Indigenous
IN = Industry/Business
NG = Non-governmental Organization/Environmental Group
NEJAC Chair -- All Subcommittees
CG Peggy Shepard (2) *
NEJAC Vice Chair
Pending
West Harlem Environmental Action
Air/Water Subcommittee - 11 Members (4 NEJAC)
NG Dan Greenbaum (1) Health Effects Institute
NG Wilma Subra (3)* LEAN
NG Damon Whitehead (2) Earth Conservation Corps
Marianne Yamaguchi (1) Santa Monica Bay Restoration Project
Annabelle Jaramillo(1)*Chair Office of the Governor, State of Oregon
SL
SL
IN
AC
NG
Leonard Robinson (1)
Eileen Guana (2)*V.Chair
Michel Gelobter (1)*
CG Daisy Carter (1)
CG Elaine Barron (1)
AC Kenneth Manaster (3)
TAMCO
Southwestern University School of Law
Redefining Progress
Project AWAKE
Paso del Norte Air Quality Task Force
School of Law, Santa Clara University
Enforcement Subcommittee - 9 members (3 NEJAC)
AC Beverly Smith (3)
AC Robert Kuehn (3)V.Chair
IN Howard Shanker (3)
IN Kenneth J. Warren (3) *
IN Pat Hill Wood *(2)
NG Savi Home (1) *Chalr
NG Rita Harris (1)
CG Zulene Mayfield (1)
T/l William Rice (3)
Touro College
University of Utah
Hagens, Berman & Mitchell
Wolf, Block, Schorr and Solis-Cohen
Georgia Pacific Corporation
Land Loss Prevention Project
Sierra Club Environmental Justice Program
Chester Residents Concerned for Quality Living
University of Tulsa
Health and Research Subcommittee - 7 members (3 NEJAC)
CG Rose Augustine (1) * Chair
AC Richard Gragg (3)
NG Carlos Porras (1)
IN Philip Lewis (1)
NG Lawrence Dark (1)
SL Jane Stahl (1) *
T/l Pamela Kingfisher (3)
Tucsonans for a Clean Environment
Florida A&M University
Communities for a Cleaner Environment
Rohm and Haas Company
Columbia Willamette Area H. E. Center
State of Connecticut
Indigenous Women's Network
Indigenous Peoples - 8 members (4 NEJAC)
T/l Jennifer Hill-Kelley (1)*Chair Oneida Environmental Health & Safety
T/l Moses Squeochs (1)
T/l Anna Frazier (3)*
IN Jana L. Walker (2)*V.Chair
AC Dean Suagee (1)
NG Coleen Poler(3)
SL Barbara Warner (3)
Yakama Nation
DINE' C.A.R.E.
Jana L. Walker Law Office
Vermont Law School
Sokaogon Defense Committee
Oklahoma Indian Affairs Commission
international - 9 members (4 NEJAC)
NG Fernando Cuevas (1) *
SL Dianne Wilkins (3)
CG Larry Charles (3)*
CG A. Caroline Hotaling (1)
NG Alberto Saldamando (1)* Chair
NG Cesar Luna (3)
IN Phillip Hillman (3)
AC Tseming Yang (2)*V.Chair
T/l Jose Matus (3)
Farm Labor Organizing Committee
Oklahoma Dept. Environ. Quality
ONE/C.H.A.N.E.
Border Ecology Project
International Indian Treaty Council
Environmental Health Coalition
Polaroid Corporation
Vermont Law School
Tribal Indigenous Alliance W/O Borders
Puerto Rico Subcommittee - 9 members (1 NEJAC)
SL Rosa Corrada (2) Governor's Advisor on Environmental Quality, PR
Jennifer Mayo (1) EQB Board of Directors
Graclela I. Ramirez-Toro (2)*Chair Interamerican University of Puerto Rico
Eris Del Carmen Gal^n-Jimenez(2) COTICAM
Comit6 Pro-Rescata del Ambiente de Guayannilla
Puerto Rico Chamber of Commerce
Com. Opposed to the Establish. Anasco Reg.
Landfill
Merck Sharp & Dohme
Bacardi Corporation
SL
AC
NG
NG Efrain Emmanuelli Rivera (1)
NG Juan Gomez-Escarce (1)
CG Jos6 Cruz Rivera (2)
IN Rafael Robert (1)
IN Michael Szendry (2)
SL Pending
AC Pending
Waste and Facility Siting Subcommittee -13 members (5 NEJAC)
SL David Moore (1)*
SL Melvin "Kip" Holden (2)
SL Veronica Eady (2) V.Chalr
CG Harold Mitchell (2)*
CG Mary Nelson (2)*
IN Robert Harris (3)*
IN Katharine McGloon (2)
IN Mike Taylor (1)
IN Denise Feiber(1)
NG Donna McDaniel (2)
NG Neftali Garcia Martinez (1)
T/l Mervyn Tano (1)
AC Pending
(1) Term expires -12/31/2001
(2) -- Term expires -12/31/2002
(3) - Term expires - 12/31/2003
Mayor, City of Beaumont, TX
Louisiana State Representative
Massachusetts Environmental Affairs
Regenesis, Inc.
Bethel New Life, Chicago, IL
Pacific Gas and Electric Company
Chemical Manufacturers Association
Vita Nuova
QST Environmental Inc.
Laborers AGC Education & Training Fd.
Scientific and Technical Services
Int'l Institute for Indigenous Resource Mgmt.
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
STAKEHOLDER CATEGORY
List of Members
DESIGNATED FEDERAL OFFICER
CHAIR
VICE CHAIR
Charles Lee
Associate Director
Policy and Interagency Liaison
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue NW
(MC 2201 A)
Washington, DC 20460
Phone: (202)564-2597
FAX: (202)501-1163
E-mail: king.marva@epamail.epa.gov
Peggy Shepard - 2 years
Executive Director and Co-Founder
West Harlem Environmental Action
271 West 125th Street, Suite 211
New York, NY 10027
Phone: (212) 961-1000 Extension 306
FAX: (212)961-1015
E-mail: peggy@weact.org
Pending Vote
Members by Stakeholder Category
ACADEMIA- 5
(One Vacancy Pending)
Tseming Yang, Esq. - 2 years
Professor
Vermont Law School
Chelsea Street, Whitcomb House
South Royalton, VT 05068
Phone: (802) 763-8303 ext 2344
FAX: (802) 763-2663
E-mail: tyang@vermontlaw.edu
Eileen Gauna, Esq. - 2 years
Professor
Southwestern University School of Law
675 South Westmoreland Avenue
Los Angeles, CA 90005
Phone: (213)738-6752
FAX: (213)383-1688
E-mail: egauna@swlaw.edu
Richard Gragg, III - 3 years
Assistant Professor/Associate Director
Environmental Science Institute
Florida A&M University
Tallahassee, FL 32307-6600
Phone: (850)599-8549
FAX: (850)561-2248
E-mail: richard.graggiii@famu.edu
Graciela I. Ramirez-Toro - 3 years
Director
Center for Environmental Education,
Conservation, and Interpretation
Inter-American University of Puerto Rico
P. O. Box 5100
San German, PR 00683
Phone: (787) 264-1912 Extension 7630
FAX: (787) 892-2089
E-mail: cecia@prtc.net
INDUSTRY/BUSINESS - 4
Robert L. Harris, Esq. - 3 years
Vice President
Environmental Affairs
Pacific Gas and Electric Company
P. O. Box 770000
San Francisco, CA 94177-0001
Phone: (415)973-3833
FAX: (415)973-1359
E-mail: rlh6@pge.com
Jana L. Walker, Esq. - 2 years
Attorney
Law Office of Jana L. Walker
141 Placitas Trails Road
Placitas, NM 87043
Phone: (505)867-0579
FAX: (505) 867-0579
E-mail: ndnlaw@sprintmail.com
Kenneth J. Warren - 3 years
Chair of Environmental Department
Wolf, Block, Schorr and Solis-Cohen
1650 Arch Street, 22nd Floor
Philadelphia, PA 19103
Phone: (215)977-2000
FAX: (215)977-2334
E-mail: kwarren@wolfblock.com
Pat K. Wood - 2 years
Senior Manager
Federal Regulatory Affairs
Georgia Pacific Corporation
1120 G Street, NW, Suite 1050
Washington, DC 20005
Phone: (202)347-4446
FAX: (202) 347-7058
E-mail: pkwood@gapac.com
COMMUNITY-5
Rose Marie Augustine - 1 year
Co-Founder
Tucsonans for a Clean Environment
7051 West Bopp Road
Tucson, AZ 85735-8621
Phone: (520)883-8424
FAX: (520) 883-8424
E-mail: raugus1049@aol.com
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NEJAC Stakeholder Category
List of Members
Page 2
Community (cont.)
Larry Charles - 3 years
Executive Director
ONE/CHANE, Inc.
2065 Main Street
Hartford, CT 06102
Phone: (860)525-0190
FAX: (860) 522-8266
E-mail: lcharles@snet.net
Harold Mitchell - 2 years
Director
Re-Genesis, Inc.
101 Anita Drive
Spartanburg, SC 29302
Phone: (864)542-8420
FAX: (864) 582-0001
E-mail: regenesisinc@aol.com
Mary Nelson - 2 years
President
Bethel New Life, Incorporated
4950 West Thomas Street
Chicago, IL 60651
Phone: (773)473-7870
FAX: (773) 473-7871
E-mail: mnelson367@aol.com
Peggy Shepard - 2 years
Executive Director and Co-Founder
West Harlem Environmental Action
271 West 125th Street, Suite 211
New York, NY 10027
Phone: (212)961-1000
FAX: (212)961-1015
E-mail: peggy@weact.org
NON-GOVERNMENTAL
ORGANIZATION/ENVIRONMENTAL
GROUP- 5
Fernando Cuevas, Sr. - 1 year
Vice-President
Farm Labor Organizing Committee
326 East Maple Street
Winter Garden, FL 34787
Phone: (407)877-2949
FAX: (407) 877-2949
E-mail: flocflorida@aol.com
Michel Gelobter - 1 year
Executive Director
Redefining Progress
1904 Franklin Street
Oakland, CA 94612
Phone: (510)444-3041
FAX: (209) 927-4574
E-mail: gelobter@rprogress.org
Savonala Home - 1 year
Land Loss Prevention Project
206 North Dillard Street
Durham, NC 27701
Phone: (919)682-5969
FAX: (919)688-5596
E-mail: savillpp@mindspring.com
Alberto Saldamando, Esq. - 1 year
General Counsel
International Indian Treaty Council
2390 Mission Street, Suite 301
San Francisco, CA 94110
Phone: (415)641-4482
FAX: (415)641-1298
E-mail: saldamando@hotmail.com
Wilma Subra - 3 years
Louisiana Environmental Action Network
c/o Subra Company, Inc.
P. O. Box 9813
3814 Old Jeanerette Road
New Iberia, LA 70562
Phone: (318)367-2216
FAX: (318)367-2217
E-mail: SubraCom@aol.com
TRIBAL/INDIGENOUS - 3
(One Vacancy Pending)
Anna Frazier - 3 years
Coordinator
DINE' C.A.R.E.
HCR 63 Box 263
Winslow, AZ 86047
Phone: (520)657-3291
FAX: (520)657-3319
E-mail: dinecare@cnetco.com
Jennifer Hill-Kelley- 1 year
Environmental Quality Director
Oneida Environmental Health & Safety
Department
P. O. Box 365
3759 West Mason Street
Oneida, Wl 54155
Phone: (920)497-5812
FAX: (920) 496-7883
E-mail: jhillkel@oneidanation.org
STATE/LOCAL - 4
(One Vacancy Pending)
Annabelle Jaramillo -1 year
Benton County Board of Commissioners
P. O. Box 3020
Corvallis, OR 97339
Phone: (541)766-6754
FAX: (541)766-6893
E-mail:
annabelle.e.jaramillo@co.benton.or.us
David Moore - 1 year
Mayor, City of Beaumont
P. O. Box 3827
Beaumont, TX 77704
Phone: (409)880-3716
FAX: (409)880-3112
E-mail:
Jane Stahl - 1 year
Assistant Commissioner
Department of Environmental Protection
State of Connecticut
79 Elm Street, 3rd Floor
Hartford, CT 06106
Phone: (860)424-3009
FAX: (860) 424-4054
E-mail: jane.stahl@po.state.ct.us
Terms of Expiration:
1 year = 12/31/2001 2 years =
12/31/2002 3 years = 12/31/2003
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
EXECUTIVE COUNCIL MEMBERS
Biographies
Rose Marie Augustine, Tucsonans for a Clean Environment, Tucson, Arizona
As co-founder of Tucsonans for a Clean Environment (TCE), Rose Marie Augustine has worked vigorously
for the past decade to ensure that Tucson's south side residents are provided with a safe drinking water
supply by the city. She has been an environmental justice and health issues advocate for many years.
She has taken it upon herself to organize and educate citizens in various communities in the United States
and Mexico about environmental justice concerns. Ms. Augustine has worked with the Southwest Network
for Environmental and Economic Justice, and been instrumental in establishing a clinic for residents
suffering from environmentally related illnesses.
Larry Charles, Sr., Executive Director, O.N.E./C.H.A.N.E., Inc., Hartford, Connecticut
Larry Charles is the current Executive Director of O.N.E./C.H.A.N.E., Inc. As Executive Director,
Mr. Charles has provided executive leadership in saving from bankruptcy this Community Development
Corporation. Mr. Charles was instrumental in adding environmental justice as a major component for their
sustainable community strategy. He also serves as the Program Manager for the South Africa Development
Initiative for the Environment (SADIE), an initiative he designed and launched. Before joining
O.N.E./C.H.A.N.E. Mr. Charles served as Deputy Commissioner, Department of Administrative Services, for
the State of Connecticut.
Fernando Cuevas, Sr., Vice President, Farm Labor Organizing Committee, Winter Garden, Florida
As Vice President of the Farm Labor Organizing Committee (FLOC) since 1978, Fernando Cuevas has
extensive organizing experience. The experience includes, in recent years, the negotiation of a five-year
contract with Heinz and Vlasic for pre-harvest work that was previously unpaid. In addition, he co-founded
"Fair Florida for All" that was organized to ensure the human rights of all Floridians. Mr. Cuevas also has
international farm worker organizing experience in the countries of Nicaragua and Guatemala.
Anna M. Frazier, Coordinator, DINE' C.A.R.E., Winslow, Arizona
Anna Frazier is the Coordinator for DINE' C.A.R.E., a Tribal Indigenous Organization. Her responsibilities
include training activists and monitoring projects at the grassroots communities, and writing quarterly
reports to the Navajo Nation Council and the DINE' C.A.R.E. Board of Directors. Ms. Frazier participates in
speaking engagements at Universities, Colleges, elementary and high schools, and at local chapters of the
Navajo Nation. Before joining DINE' C.A.R.E., she was the President of Dilkon Chapter Community, an
entity of the Navajo Nation government.
Eileen Gauna, Professor, Southwestern University School of Law, Los Angeles, California
Professor Eileen Gauna teaches environmental law and property law at Southwestern University School of
Law in Los Angeles, California. Her publications include articles on environmental justice, citizen suits, the
Clean Air Act, and public participation in environmental decision-making. She has served on the Title VI
Implementation Advisory Subcommittee of the EPA's National Advisory Council for Environmental Policy
and Technology, the Mobile Source Technical Review Advisory Subcommittee of the EPA's Clean Air Act
Advisory Committee, and the executive board of the Environmental Law Section of the American
Association of Law Schools.
Michel Gelobter, Executive Director, Redefining Progress, Oakland, California
Dr. Michel Gelobter is a member of the faculty at Rutgers University, as well as Executive Director at
Redefining Progress in Oakland, CA. He has served as the Assistant Commissioner for the New York City
Department of Environmental Protection. He has been actively involved with a number of other EPA
committees such as the National Advisory Committee on Environmental Policy and Technology (NACEPT)
and was a member of the Superfund Re-authorization Committee. Dr. Gelobter is also the author of
numerous publications on environmental issues. In addition, Dr. Gelobter is the founder of the New York
Environmental Justice Alliance and a board member of the Northeast Network for Economic and
Environmental Justice.
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NEJAC Executive Council Members
Biographies of Members
Page 2 of 4
Richard Gragg, Assistant Professor, Florida A&M University, Tallahassee, Florida
Richard Gragg is currently the Associate Director at the Environmental Sciences Institute, Center for
Environmental Equity and Justice, at Florida A&M University. He also serves as an Assistant Professor of
Environmental Science. Dr. Gragg was the Research Director for the Florida Environmental Equity and
Justice Commission, also in the Florida A&M University. Before joining Florida A&M University, Dr. Gragg
served as a Commissioned Officer with the United States Public Health Service. He has done extensive
research on reproductive disorders in African-American male populations living near industrial facilities; the
role of environmental contaminants in African-American men; environmental equity and justice; and human
health risk assessment. Dr. Gragg holds a Ph.D. in Pharmaceutical Sciences and Toxicology from the
Florida A&M University.
Robert L. Harris, Vice-President for Environmental Affairs, Pacific, Gas and Electric Company, San
Francisco, California
Robert Harris is currently the Vice President for Environmental Affairs for Pacific, Gas and Electric (PGE).
Mr. Harris has worked at PGE since 1972. He has occupied numerous positions, among them Attorney,
Executive Assistant to the President and, Vice President for Community Relations. Mr. Harris graduated
from the University of California, School of Law with a Juris Doctor in 1972. In 1988, Mr. Harris took the
Advanced Management Program at Harvard University Graduate School of Business. He then proceeded to
The Fuqua School of Business at Duke University where he took their Management Development Program.
Jennifer Hill-Kelly, Oneida Environmental Health & Safety, Oneida, Wisconsin
Jennifer Hill-Kelly has been the Environmental Quality Director of the Oneida Environmental Health & Safety
since 1996. Her responsibilities include assuring compliance with Tribal environmental laws,
review/commenting on Tribal projects from an environmental aspect, and initiating special projects focusing
on long term environmental protection. In addition to being an enrolled member of the Oneida Nation of
Wisconsin, she is also a member of the Native American Fish & Wildlife Society and the American Indian
Science & Engineering Society.
Savonala Home, Associate Director of Agricultural Policy and Administration, Land Loss
Prevention Project, Durham, North Carolina
Savonala Home is the Associate Director of Agricultural Policy and Administration, and a member of the
Management Team at the North Carolina Association of Black Lawyers - Land Loss Prevention Project
(LLPP). At LLPP, she works to collaboratively develop agriculture policy initiatives at regional and federal
levels that impact minority farmers and limited resource farmers. Currently, she is an active board member
of North Carolina Conservation Network, Rural Coalition and National Campaign for Sustainable Agriculture.
Annabelle E. Jaramillo, Benton County Board of Commissioners, Corvallis, Oregon
Annabelle Jaramillo is currently a Benton County Commissioner. Prior to this elected position, Ms.
Jaramillo was the Administrator of the Governor's citizen contact office. Ms. Jaramillo has long been an
advocate for sound environmental stewardship and has been an advocate on environmental justice issues.
Ms. Jaramillo's achievements have been recognized by the U.S. Hispanic Chamber of Commerce naming
her "Government Hispanic Business Advocate of the Year" in 1995. For the past fifteen years, she has
served on numerous boards that include Oregon's American Civil Liberties Union, Oregon's Civil Rights
Advisory Counsel, and Oregon's Board of Visitors on Minority Affairs.
Harold Mitchell, Re-Genesis, Inc. Spartanburg, South Carolina
Harold Mitchell is the Director of Re-Genesis, Inc., a predominately African American grassroots
environmental justice organization in Spartanburg, South Carolina, that has a membership of more than
1,000 members. The organization was founded by Mr. Mitchell, a member of the impacted community, to
address the environmental degradation in the communities located in Spartanburg. Mr. Mitchell is also a
member of the Board of Directors of South Carolina Environmental Watch. He serves as Up State
Coordinator with a full range of responsibilities for advancing the environmental agenda to benefit
communities instead of industry. Some of his responsibilities include community liaison, regulatory and
legislative advocacy, and evaluation/referral of citizen complaints.
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NEJAC Executive Council Members
Biographies of Members
Page 3 of 4
David Moore, Mayor, City of Beaumont, Texas
David Moore is currently serving his second term as Mayor of the City of Beaumont. Prior to his election,
Mr. Moore worked for Xerox Corporation as a Marketing Executive. He has had a long history of community
service which includes involvement with a number of social service and political organizations, municipal
task forces, and economic development committees. Most notably, Mr. Moore is chairman of the Crime
and Social Justice Subcommittee on Cultural and Ethnic Diversity for the U.S. Conference of Mayors.
Mary Nelson, President, Bethel New Life Incorporated, Chicago, Illinois
Mary Nelson is the President of Bethel New Life, Inc., a 20 year old faith-based community development
corporation on the west side of Chicago; known for its cutting edge initiatives in affordable housing,
community building on assets, creative continuum's for the elderly and formerly homeless families, and
environmental/smart community efforts. Bethel New Life, Inc. has over 300 employees. Ms. Nelson has
spearheaded efforts at enabling community residents to participate in community decisions and actions
around clean up and economic opportunities. Bethel New Life, Inc. is a leader in community development
and job creation around environmental careers. "Bethel" also works with brownfields redevelopment and is
now creating a "smart" community concept around transit oriented development.
Graciela I. Ramirez-Toro, Director, Center for Environmental Education, Conservation, and
Interpretation, interamerican University of Puerto Rico, San German Puerto Rico
Graciela Ramirez-Toro is currently the director for the Center for Environmental Education, Conservation,
and Interpretation at the Inter American University of Puerto Rico. She received her masters in
Environmental Biology from Hood College in Maryland and her PhD in Environmental Science from Drexel
University, Philadelphia. Ms. Ramirez-Toro has been reappointed to the NEJAC's Executive Council and to
the chairmanship of the Puerto Rico Subcommittee. She has vast experience in consulting, including
consulting experience for the US EPA Office of Drinking Water and for several agencies of the Puerto Rican
Government, such as the Department of Health.
Alberto Saldamondo, General Counsel, International Indian Treaty Council, San Francisco,
California
Alberto Saldamondo is currently the General Counsel for the International Indian Treaty Council (ITTC). As
General Counsel, he represents Indigenous Peoples and their organizations on human rights and
environmental issues before international forums. He coordinates the ITTC Human Rights work, and training
of international ITTC staff and community on International Humanitarian Law and Human Rights, including
the right to the environment. Before joining ITTC, Mr. Saldamondo served as the Supervising Attorney for
the Catholic Charities Immigration Project. He has also worked at the National Economic Development and
Law Center, Instituto Laboral de la Raza, California Rural Legal Assistance, and the State of California
Agricultural Labor Relations Board. Mr. Saldamondo received his Juris Doctor from the University of
Arizona.
Peggy M. Shepard, Executive Director, West Harlem Environmental Action, Inc., New York City,
New York
Peggy Shepard, Executive Director of West Harlem Environmental Action, Inc. (WHE ACT), was one of its
original co founders in 1988. Until 1994, when a staff of seven was hired, the operation worked with
volunteers. Ms. Shepard is responsible to the board of directors for raising funds; operating programs and
maintaining a fiscally viable administration; as well as maintaining contact with founders; and initiating
projects with educational, medical, and other non-profit organizations. From 1978 to 1993, she worked for
the New York State Division of Housing and Community Renewal. From 1993 to 1994, she worked at the
New York City Office of the Controller.
Jane Stahl, Assistant Commissioner for Air, Waste and Water, Department of the Environment,
Hartford, Connecticut
Jane Stahl has worked for the Department of the Environment for twenty years and has served in a number
of different capacities including Assistant Director of Long Island Sound Programs and Supervising
Environmental Analyst. Ms. Stahl's responsibilities have included authorization of the Thames River
dredging project, the AMTRAK electrification project, and supervision of the state's Mosquito Management
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NEJAC Executive Council Members
Biographies of Members
Page 4 of4
Program. In addition, as an active member of the nationwide Coastal States Organization (CSO), Ms. Stahl
has worked to ensure state interests are considered in federal actions affecting coastal areas. Ms. Stahl
served as the immediate past chair of CSO's Legal Counsel and was co-preparer of the treatise, Putting the
Public Trust to Work. 2nd Edition.
Wilma Subra, Representative, Louisiana Environmental Action Network, New Iberia, Louisiana
Wilma Subra is the Louisiana Environmental Action Network (LEAN) Representative and the President of
Subra Company, Inc. Ms. Subra represents LEAN at the state, regional, national, and international level.
As the LEAN Representative, she not only has organized countless communities across the nation, but
she has also provided her expertise as a chemist. Ms. Subra constantly travels to address environmental
issues and serves on a long list of committees, councils, and task forces. She received her Masters in
Microbiology/Chemistry from the University of Southwestern Louisiana.
Jana L. Walker, Attorney at Law, Placitas, New Mexico
Jana Walker is a solo practitioner whose practice focuses on Indian affairs and the representation of Indian
tribes and tribal agencies and organizations in matters involving tribal taxation, tribal environmental
regulation, tribal economic development, reservation business transactions, tribal code development, Indian
gaming, organization and maintenance of business associations including tribally-owned and chartered
corporations, and Indian Housing. Mrs. Walker is also the editor, owner, and the publisher of INDIAN
FEDREG News, a weekly newsletter that reports on matters published in the Federal Register that affect
Indian tribes and Indian Country, including federal agency actions and announcements, and public law
enactments. She has also been involved in trying to increase the number of people from minority groups
who enter the legal profession. She is a member of the Cherokee Nation.
Kenneth J. Warren, Partner/Chair of Environmental Department, Wolf, Block, Schorr and
Solis-Cohen LLP, Philadelphia, Pennsylvania
Kenneth Warren is currently a partner and the Environmental Department Chair of Wolf, Block, Schorr and
Solis-Cohen LLP in Philadelphia, PA. As Chair of the Environmental Department, Mr. Warren represents
numerous industry and business clients in environmental law matters. His practice includes defense of civil
and criminal enforcement actions, complex environmental litigation, and other regulatory, transactional, and
litigation matters. Mr. Warren graduated in 1979 from the University of Pennsylvania, School of Law. He is
a member of the Pennsylvania Bar Association, the American Bar Association, Environmental, Energy and
Resources Section, Philadelphia Bar Association, and the Environmental Law Section.
Pat K. Wood, Georgia-Pacific Corporation, Washington, D.C.
Pat Hill Wood is a Senior Manager in the Office of Federal Regulatory Affairs at the Georgia-Pacific
Corporation. Ms. Wood is responsible for the senior level interaction between Georgia-Pacific, federal
regulatory agencies and departments, and related industrial and environmental organizations involved in the
development of environmental policy. Within Georgia-Pacific, Ms. Wood has been a leader in encouraging
sensitivity towards environmental justice issues. She has also been a strong and constructive leader in the
business community in support for environmental justice. Ms. Wood serves on the Steering Committee of
the Business Network for Environmental Justice, formed by trade associations and individual companies for
the purpose of better understanding and constructively addressing environmental justice concerns. Ms.
Wood has a Masters in Legislative Analysis and a Bachelors in Political Science.
Tseming Yang, Professor, Vermont Law School, South Royalton, Vermont
Tseming Yang is a Professor of Law at the Vermont Law School in Vermont. His special areas of interest
include environmental justice, international environmental law, and race and the law. He is currently
teaching the Environmental Justice Seminar, International Environmental Law, and Policy and Climate
Change Seminar. He was involved in the organization of the 1999 Environmental Law Center Spring
Conference. From 1994 to 1998, he worked in the United States Department of Justice as an Attorney in
Policy, Legislation, and Special Litigation Section of the Environment and Natural Resources Division. His
publications include Balancing Interests and Maximizing Rights in Environmental Justice. Free Trade and
the Environment: The NAFTA, the NAAEC. and Implications for the Future, and Race. Religion, and Cultural
Identity: Reconciling the Jurisprudence of Race and Religion.
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NEJAC
Background
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CHARTER
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
1. Committee's Official Designation (Title):
National Environmental Justice Advisory Council
2. Authority:
This charter renews the National Environmental Justice Advisory Council (NEJAC) in
accordance with the requirements of the Federal Advisory Committee Act (FACA), 5 U.S.C.
App. 2 ง 9 (c). NEJAC is in the public interest and supports EPA in performing its duties and
responsibilities.
3. Objectives and Scope of Activities:
NEJAC shall provide independent advice and recommendations to the Administrator on
areas relating to environmental justice that may include:
a. Advice on EPA's framework development for integrating socioeconomic programs
into strategic planning, annual planning and management accountability for
achieving environmental justice results agency-wide.
b. Advice on measuring and evaluating EPA's progress, quality, and adequacy in
planning, developing, and implementing environmental justice strategies, projects,
and programs.
c. Advice on EPA's existing and future information management systems,
technologies, and data collection, and to conduct analyses that support and
strengthen environmental justice programs in administrative and scientific areas.
d. Advice to help develop, facilitate, and conduct reviews of the direction, criteria,
scope, and adequacy ofthe EPA's scientific research and demonstration projects
relating to environmental justice.
e. Provide advice for improving how the EPA and others participate, cooperate, and
comnunicate within the Agency and between other Federal agencies, State, or
local governments, Federally recognized Tribes, environmental justice leaders,
interest groups, and the public.
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f. Advice regarding EPA's administration of grant programs relating to
environmental justice assistance (not to include the review or recommendations of
individual grant proposals or awards).
g. Advice regarding EPA's awareness, education, training, and other outreach
activities involving environmental justice.
4. Description of Committees Duties:
The duties of the NEJAC are solely advisory in nature.
5. Official(s) to Whom the Committee Reports:
The NEJAC will provide advice and recommendations, and report to the EPA
Administrator through the Office of Environmental Justice, Office of Enforcement and
Compliance Assurance.
6. Agency Responsible for Providing the Necessary Support:
EPA will be responsible for financial and administrative support. Within EPA, this
support will be provided by the Office of Environmental Justice, Office of Enforcement and
Compliance Assurance.
7. Estimated Annual Operating Costs and Work Years:
The estimated annual operating cost ofNEJAC is $970,970 which includes 3.8
work-years of support.
8. Estimated Number and Frequency of Meetings:
The NEJAC may meet approximately two (2) times a year. Meetings will occur as needed
and as approved by the Director of the Office of Environmental Justice who serves as the
Designated Federal Officer (DFO) or his/her designee. EPA may pay travel and per diem
expenses when determined necessary and appropriate. The DFO or his/her designee will be
present at all meetings, and each meeting will be conducted in accordance with an agenda
approved in advance by the DFO. The DFO is authorized to adjourn any meeting when he or she
determines it is in the public interest to do so. As required by FACA, NEJAC will hold open
meetings unless the Administrator determines that a meeting or a portion of a meeting may be
closed to the public in accordance with subsection (c) of Section 552(b) of Title 5, United States
Code and will provide an opportunity for interested persons to file comments before or after such
meetings, or to make statements to the extent that time permits.
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9.
Duration and Termination:
The NEJAC will be examined annually and will exist until the EPA Deputy Administrator
determines the Council is no longer needed. This charter will be in effect for two
years from the date it is filed with Congress. After this two-year period, the charter may be
renewed as authorized in accordance with Section 14 of FACA (5 U.S.C. App. 2 ง 14).
10. Member Composition:
The NEJAC will be composed of approximately 26 members. Most members will serve as
representatives ofnon-Federal interests. Members will be selected from among, but are not
limited to, community-based groups; industry and business; academic and educational institutions;
State and local governments; Federally recognized Tribes and Indigenous groups; and non-
governmental and environmental groups as deemed appropriate.
11. Subgroups:
EPA may form NEJAC subcommittees or workgroups for any purpose consistent with
this charter. Such subcommittees or workgroups may not work independently of the chartered
committee. Subcommittees or workgroups have no authority to make decisions on behalf of the
chartered committee nor can they report directly to the Agency.
August 14. 2001
Agency Approval Date
August 21. 2001
GSA Consultation Date
September 27. 2001
Date Filed with Congress
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BYLAWS
U.S. ENVIRONMENTAL PROTECTION AGENCY
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
I. NAME
The name of the organization is the United States Environmental Protection Agency (U.S. EPA)
National Environmental Justice Advisory Council (NEJAC). NEJAC, hereinafter, is used to refer collectively
to the Council and all Subcommittees; Council is used to refer to the parent committee of NEJAC.
II. AUTHORITY
The NEJAC was established in 1993 under a charter approved pursuant to the Federal Advisory
Committee Act (FACA) by the U.S. EPA Administrator and by the U. S. General Services Administration
(GSA).
The NEJAC advises the EPA Administrator, through the Office of Environmental Justice (OEJ),
consistent with its current approved Charter and the requirements of the FACA.
III. MISSION AND SCOPE
The NEJAC, EPA's national advisory committee, formulates recommendations and advice on
environmental justice policy and direction. It provides a forum for public discussion and development of
independent advice and counsel to the EPA Administrator utilizing the respective strengths and
responsibilities of community-based groups; industry and business; academic and educational institutions;
state and local governments; federally recognized tribes and indigenous groups; non-governmental and
environmental groups; and others stakeholders involved in environmental justice issues.
The mission of NEJAC is to provide advice and recommendations to EPA that will help to improve
direction and integration of environmental justice into the Agency's programs and initiatives set forth in
section 3 of the Charter ("Objectives and Scope of
Activities"). NEJAC's advice and recommendations shall be on areas related to environmental justice that
may include:
1) Advice on EPA's framework development for integrating socioeconomic programs into
strategic planning, annual planning and management accountability for achieving
environmental justice results agency-wide.
2) Advice on measuring and evaluating EPA's progress, quality, and adequacy in planning,
developing, and implementing environmental justice strategies, projects, and programs.
3) Advice on EPA's existing and future information management systems, technologies, and
data collection, and to conduct analyses that support and strengthen environmental justice
programs in administrative and scientific areas.
4) Advice to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and
adequacy of the EPA's scientific research and demonstration projects relating to
environmental justice.
5) Advice for improving how the EPA and others participate, cooperate, and communicate
within the Agency and between other federal agencies, state, or local governments,
federally recognized tribes, environmental justice leaders, interest groups, and the public.
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NEJAC Bylaws
Adopted March 9,2000
Page 2
6) Advice regarding EPA's administration of grant programs relating to environmental justice
assistance (not to include the review or recommendations of individual grant proposals or
awards).
7) Advice regarding EPA's awareness, education, training, and other outreach activities
involving environmental justice.
NEJAC's advice and recommendations shall be directed toward:
1) Promoting continuing consultation and debate to ensure mutual understanding among
stakeholders and interests of different environmental justice perspectives, concerns, and
needs.
2) Maximizing the extent to which each representative participant understands, accepts, and
addresses environmental justice issues.
3) Facilitating broad public sharing of information on environmental justice issues as well as
alternative approaches and implementation strategies to address them.
(4) Promoting consideration of alternative strategies for leveraging resources to address
environmental justice needs.
IV. MEMBERSHIP
Section 1: Representation of Sectors
The NEJAC shall be comprised of fair and balanced representation from a broad range of non-
Federal Agency interests. Members will be selected from, but are not limited to, community-based groups;
industry and business; academic and educational institutions; state and local governments; federally
recognized tribes and indigenous groups; non-governmental and environmental groups; and other
stakeholders involved in environmental justice issues as set forth in Section 10 of the Charter (" Member
Composition").
Section 2: Appointment Process and Terms
a) Council Members
Council members shall be volunteer representatives who have full voting rights in all Council and
Subcommittee actions.
1) Council members are appointed by the EPA Administrator, in consultation with the NEJAC
Designated Federal Officer (DFO) and Council Chair, for a term of one to three years. A
Council member may be reappointed by the Administrator in accordance with EPA policy.
2) A Council member may serve as a member of one NEJAC Subcommittee, and may also
serve as a full voting member of any NEJAC Working Group, Focus Group or other group
(hereinafter referred to as Group) formed under NEJAC auspices.
3) A Council member may designate one individual, other than a current NEJAC Council
member, as his/her proxy with full Council member rights when the appointed Council
member is unable to attend Council meetings. Participation by proxy must be limited to
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NEJAC Bylaws
Adopted March 9, 2000
Page 3
one meeting per year in order to continue to encourage attendance by appointed Council
members. Individuals nominated to serve as a proxy must be approved beforehand by the
Council Chair and the NEJAC DFO.
b) Subcommittee Members
Subcommittee members shall be volunteer representatives named to serve on a specific
Subcommittee or other Group formed under NEJAC auspices. Subcommittee members shall be full
participants in the Group's deliberations and have voting rights at this level.
1) Subcommittee members are appointed by the EPA Administrator, in consultation with, the
Council Chair, the NEJAC DFO, and related Subcommittee DFO, generally for a term of
one to three years. Subcommittee members may be recommended by the Council or the
Subcommittee. The term of a Subcommittee member shall be set in accordance with the
EPA Committee Management Manual policy, the needs of the EPA Administrator, the
Agency, or the Council, and conveyed to the Subcommittee member at the time of
appointment.
2) A Subcommittee member may be reappointed as deemed appropriate by the EPA
Administrator in accordance with EPA policy.
3) Subcommittee members shall be selected on the basis of expertise on relevant subject
matter and to provide fair and balanced representation. Proxies will be allowed to
participate in Subcommittee activities but not allowed to vote on Subcommittee matters.
c) Expert Witnesses and Consultants
Expert witnesses and consultants may, where necessary, provide specialized information or
assistance to the NEJAC. Expert witnesses and consultants have no voting rights. Expert witnesses may
be invited by the NEJAC DFO, and, if appropriate, the related Subcommittee DFO, in consultation with,
either the Council Chair or the Subcommittee Chair. Consultants will be retained by the OEJ on behalf of
the NEJAC when it is deemed appropriate by the NEJAC DFO.
Section 3: Termination of Membership
a) The Council Chair shall recommend to the NEJAC DFO the removal of a Council member if the member
misses two consecutive meetings of the Council. The Chair of a Subcommittee shall recommend to the
related Subcommittee DFO the removal of a Subcommittee member if the member misses two consecutive
meetings of the Subcommittee.
b) A Council member or Subcommittee member who changes his or her organizational or professional
affiliation must notify the NEJAC DFO or related Subcommittee DFO immediately and may be subject to
removal in order to maintain balance among the various sectors of membership.
c) A Council member or Subcommittee member may be removed by the EPA Administrator as he/she
deems appropriate. The terminated Council member or Subcommittee member will be notified in writing by
the NEJAC DFO and provided the reasons for termination.
V. COUNCIL ORGANIZATION
Section I: Officers
The Council shall make recommendations to the EPA Administrator for the appointment of Council
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NEJAC Bylaws
Adopted March 9, 2000
Page 4
Chair, Council Vice Chair, Subcommittee Chairs, and Subcommittee Vice Chairs.
a) Council Chair and Vice Chair: The Council Chair and Vice Chair shall serve a one year term of office,
and may be reappointed to additional terms by the EPA Administrator, in consultation with the Council.
Upon the expiration of the term of the Council Chair, for the sake of continuity, the Vice Chair will become
the new Council Chair for a one-year term and may be reappointed to an additional term. Consequently, a
new Vice Chair will be appointed to a one year term, in consultation with the Council, and may be
reappointed to an additional term. The Council Chair and Council Vice Chair must be Council members.
b) Subcommittee Chairs and Vice Chairs: The same process set forth for the selection of Council Chair
and Vice Chair ("Council Organization: Section 1a") shall be used by the Council for the selection of
Subcommittee Chairs and Vice Chairs. The Subcommittee Chair must be a Council member.
c) DFOs: The Director of the EPA OEJ or his/her designee shall be the DFO for the NEJAC. Each
Subcommittees formed under the NEJAC auspices shall have federal employees from the EPA supporting
program office to serve as DFOs.
Section 2: Subcommittee Structure
a) The number, designation, mission, scope, and membership, or change to the structure of the
Subcommittees will be subject to agreement between the Council and the NEJAC DFO, with approval by
the EPA Administrator. The initial Subcommittees, in 1993, were Enforcement, Waste and Facility Siting,
Health and Research, and Public Participation and Accountability (which was replaced in December 1998
by establishing a Workgroup on Public Participation and Accountability). Three new Subcommittees, the
Indigenous Peoples and International Subcommittees, and the Air and Water Subcommittee were added in
December 1995, and December 1998 respectively. Subcommittees and Workgroups may be formed or
dissolved as recommended by the Council and approved by the EPA Administrator as deemed appropriate.
b) The Council under NEJAC auspices may form other Groups (e.g., focus roups, working groups, ad hoc
task forces, etc.) upon agreement by the related Subcommittee DFO, the NEJAC DFO, and the appropriate
EPA officials.
c) The Council shall make maximum use of each Subcommittees. Via the Subcommittee Chair and the
related Subcommittee DFO, the Subcommittee may interact with appropriate EPA Program Offices in
transacting Subcommittee business. However, formal charges to the Subcommittee and advice and
recommendations from the Subcommittees must pass through the Council.
Section 3: Protocol Committee
a) The Protocol Committee of the Council shall consist of the Council Chair, the Chairs of each
Subcommittee, and the Chair of the Public Participation Workgroup. The Protocol Committee may be
expanded to include other Council members as deemed appropriate by the Protocol Committee.
b) The Council Chair, in consultation with the Protocol Committee and the NEJAC DFO, shall be
responsible for overall planning for the Council and for coordinating activity with the Subcommittees. Overall
planning for the Council refers only to logistical execution of activities authorized by the Council.
Minutes of the Protocol Committee meetings shall be maintained by the NEJAC DFO and shall be
distributed to the Council.
c) No official NEJAC actions will be undertaken by the Protocol Committee without notification to the full
Council for approval. However, for business that requires immediate action, the Protocol Committee will
send a notices to the Council for a vote within 5 business days upon receipt, and upon expiration of those 5
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NEJAC Bylaws
Adopted March 9, 2000
Page 5
business days the Protocol Committee can act.
VI. MEETINGS
Section 1: Compliance with FACA
The NEJAC, its Subcommittees, and other Groups formed by the Council under NEJAC auspices
will operate in accordance with all requirements of the FACA. Such requirements include but are not
limited to: (1) publishing notices of meetings in the Federal Register; (2) holding open meetings that shall
include reasonable opportunity for public comment.; (3) having a DFO present at all meetings; and (4)
recording and distributing minutes of meetings.
Section 2: Meeting Scheduling
a) The Council may meet in plenary session twice annually.
b) The Council shall not meet except with the consent of the NEJAC DFO consistent with the FACA and
the GSA Rule.
c) The Protocol Committee shall meet as needed. These meetings shall be held at the request of the
Council Chair and the NEJAC DFO.
d) Subcommittees or other Groups formed by the Council under NEJAC auspices shall meet as needed at
the call of the Council Chair, the Subcommittee Chairs and the related Subcommittee DFOs. Meetings of
Subcommittees or other such Groups may occur by teleconference or other means in accordance with
FACA and EPA Committee Management Manual guidance.
Section 3: Quorum and Voting
a) The presence of fifty-one percent of Council members attending a Council meeting shall constitute a
quorum for transaction of business and no vote shall be taken without a quorum present.
b) A vote shall carry by a majority of the Council members present in a Quorum. Members must be
present to vote or send an approved proxy ("Section IV (2a3)").
VII. REPORTS AND RECOMMENDATIONS
Section 1: NEJAC Subcommittee Reports and Recommendations
a) A Subcommittee or other Group formed by the Council under NEJAC auspices may bring a proposed
recommendation forward to the Council for review and approval at any time.
b) A majority vote of the attending members of a Subcommittee or other such Group shall be sufficient for
forwarding a recommendation to the Council for review and approval. Voting may take place in a
Subcommittee meeting by voice, mail, facsimile, written proxy, or in writing. If a vote is taken at a meeting,
a quorum must be present. A majority of the members must vote for a recommendation to forward a report
to the Council.
c) Subcommittees or other Groups may issue their own draft reports, including draft recommendations, if
approved by a majority of the group's members as described in (b) above. These reports shall be
considered draft NEJAC Subcommittee reports by the Agency until they have undergone complete Council
review. Draft Subcommittee reports must be submitted through the Council.
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NEJAC Bylaws
Adopted March 9, 2000
Page 6
Section 2: Council Reports and Recommendations
a) A report and/or recommendation shall be accepted for formal review and approval by the Council if it was
approved by a majority vote of a Subcommittee or Group formed by the Council under NEJAC auspices in
accordance with VI - Section 1.
b) Each report or recommendation shall be distributed to all Council members for review. Where at all
possible, a review period of a minimum of 30 calendar days will be designated.
c) Final Council approval or disapproval and transmittal to the EPA Administrator on a proposed
recommendation shall be completed within a maximum of 60 calendar days from the date the proposed
report or recommendation was sent to the full Council for review. If action involves voting, voting may take
place by voice, mail, facsimile, written proxy, or in writing. Council members shall be notified of the results.
The Council, in circumstances, may waive this provision where the Agency needs an immediate response
based on planning or budget cycles, Congressional deadlines, Executive Order requirements, or other
exceptional circumstances.
d) The Council Chair shall transmit all reports or recommendations considered by the NEJAC to the EPA
Administrator, through the OEJ. Minority views shall be transmitted, when they exist, with any report or
recommendation.
Section 3: NEJAC Information Reports
All materials prepared by the NEJAC, its Subcommittees, and other Groups formed by the Council under
NEJAC auspices are available to the public in accordance with the FACA, Section 10 (b) and subject to the
Freedom of Information Act.
All reports will include the following statement: "This report and recommendations have been written as a
part of the activities of the National Environmental Justice Advisory Council, a public advisory committee
providing extramural policy information and advice to the Administrator and other officials of the United
States Environmental Protection Agency (EPA). The Council is structured to provide balanced, expert
assessment of issues related to environmental justice. This report has not been reviewed for approval by
the EPA and, hence, its contents and recommendations do not necessarily represent the views and
policies of the EPA, nor of other agencies in the Executive Branch of the federal government, nor does
mention of trade names or commercial products constitute a recommendation for use."
VIII. AMENDMENTS TO BYLAWS
At any regular meeting, the Bylaws of the Council may be added to, amended, or repealed in whole or in
part by vote of a majority of the entire membership of the Council. The vote may be taken by mail,
facsimile, and other methods of communication, provided that notice of intention to do so shall have been
given to each member at least 30 days preceding the vote.
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' g% \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
SB, | WASHINGTON, D.C 20460
FRO"!4-
November 16, 2001
OFFICE OF
ENFORCEMENT AND
VIA FACSIMILE AND REGULAR MAIL COMPLIANCE ASSURANCE
Ms. Peggy Shepard
NEJAC Chair
Executive Director
West Harlem Environmental Action
271 West 125th Street, Suite 211
New York, NY 10027
Dear Ms. Shepard:
The purpose of this letter is to advise you that the NEJAC Draft Strategic Plan submitted
to the Agency on November 2, 2001, is approved for implementation. Among other things, the
Agency is especially pleased to see that the NEJAC will engage in a more deliberative process.
This is important since the advice and recommendations on major public policy issues offered by
the NEJAC will come about as a result of: (a) deliberative discussion/debate among all
stakeholders represented on the advisory committee; and (b) thoughtful deliberation. The
Executive Council should be proud of the strides that it has taken under your leadership to
produce this document.
Another aspect of the Draft Strategic Plan that the Agency is pleased to see is the
statement: "For the Council to be truly effective, there must be several co-existing collaborative
processes, such as those between the OEJand EPA program offices; EPA and the NEJAC; and
among the diverse membership of the NEJAC. The Council will develop a collaborative
framework based upon the Charter between the OEJ, other EPA program offices, and the
NEJAC. " The Agency, in general, and the NEJAC, in particular, cannot agree more with that
statement.
On behalf of the Agency, I would like to offer special appreciation to you and the Writing
Committee members: Annabelle Jaramillo, Wilma Subra, Kenneth Warren, and Veronica Eady.
Not only is their collective talent but also their patience and thoughtfulness are reflected in the
document.
The Office of the Environmental Justice and the other program offices that support each
subcommittee look forward to working with the NEJAC as it implements the approved Strategic
Plan.
Sin^ferely,
Barry^^Hiil, Director
i Office of Environmental Justice
cc: NEJAC Executive Council Members
Sylvia K. Lowrance, Acting Assistant Administrator
Charles Lee, NEJAC Designated Federal Officer
Marva E. King, NEJAC Program Manager
Internet Address (URL) http //www epa.gov
Recycled/Recyclable Printed wrth Vegetable Oil Based Inks on Recycled Paper (Minimum 20% Postconsumerj
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v>EPA
National Environmental Justice Advisory Council
Strategic Plan
Approved^-^|t/^yt^y
Barry
DireeCor/
Omce^of Environmental Justice
Date: z^// 6 / X
Federal Advisory Committee to the U.S. Environmental Protection Agency
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National Environmental Justice Advisory Council
Strategic Plan
I. Introduction.
The National Environmental Justice Advisory Council ("NEJAC," "Council," or "Executive
Council") is a committee formed in accordance with the Federal Advisory Committee Act
("FACA"). The Council is to offer independent advice and recommendations to the
Environmental Protection Agency ("EPA") Administrator on areas relating to environmental
justice. In keeping with its Charter (Appendix A), NEJAC provides advice designed to promote
the fair treatment of all peoples, including minority, low-income, indigenous, and agricultural
worker populations and federally recognized tribes, in EPA decisionmaking.
Because disadvantaged populations often lack the infrastructure and resources to advocate their
views, NEJAC, in the past, has allowed its public meetings to serve as a mechanism for the
environmental justice community to present site-specific issues concerning environmental
regulations and enforcement to the EPA. NEJAC's concentration on site-specific issues at its
meetings detracted from its ability to engage in a deliberative process that results in cogent,
timely, relevant and effective advice to the EPA Administrator. In addition, as an advisory body,
NEJAC has no authority to directly respond to community needs through government action.
Consequently, NEJAC reviewed its role and believes it can best promote environmental justice
and fulfill the mission of its Charter by refocusing its processes and products while redirecting
site-specific issues to EPA Regional Offices who have the responsibility and authority to address
them. Public input on the policy advice issues before the NEJAC will continue to be solicited at
the NEJAC meetings.
The 26-member Executive Council met in August 2001 to: redesign the activities of the NEJAC
to better fulfill its chartered advisory role; collaborate with the EPA to provide regional and
other alternative mechanisms outside of NEJAC meetings for communities to bring site-specific
issues to the attention of the EPA; and develop through a deliberative process that involves all
stakeholders an effective work product grounded in environmental justice community issues.
The issues raised and conclusions reached at the August meeting were used to construct this
Draft Strategic Plan to guide the work of the NEJAC through September 27, 2003.
Page 1 of 12
November 16, 2001 (12.46pm)
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II. Mission.
The NEJAC is a federal advisory committee that provides timely, relevant, cogent and
independent advice to the EPA Administrator on matters of environmental justice to ensure the
fair treatment of all peoples, including minority, low-income, and indigenous populations and
federally recognized tribes, and often overlooked populations such as agricultural workers.
Pursuant to Section 3 of the Charter, the NEJAC has been specifically designated to provide
independent advice and recommendations to the EPA Administrator on areas relating to
environmental justice that include:
a. Advice on EPA's framework development for integrating socioeconomic programs
into strategic planning, annual planning and management accountability for achieving
environmental justice results agency-wide.
b. Advice on measuring and evaluating EPA's progress, quality, and adequacy in
planning, developing, and implementing environmental justice strategies, projects, and
programs.
c. Advice on EPA's existing and future information management systems, technologies,
and data collection, and to conduct analyses that support and strengthen environmental
justice programs in administrative and scientific areas.
d. Advice to help develop, facilitate, and conduct reviews of the direction, criteria,
scope, and adequacy of the EPA's scientific research and demonstration projects relating
to environmental justice.
e. Advice for improving how the EPA and others participate, cooperate, and
communicate within the Agency and between other Federal agencies, State, or local
governments, Federally recognized Tribes, environmental justice leaders, interest groups,
and the public.
f. Advice regarding EPA's administration of grant programs relating to environmental
justice assistance (not to include the review or recommendations of individual grant
proposals or awards).
g. Advice regarding EPA's awareness, education, training, and other outreach activities
involving environmental justice.
In addition, in accordance with Section 5 of the Charter, the NEJAC provides advice and
recommendations, and reports to the EPA Administrator through the Office of Environmental
Justice ("OEJ"), Office of Enforcement and Compliance Assurance only.
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III. Summary.
The NEJAC Draft Strategic Plan envisions that the NEJAC Executive Council and
Subcommittees will perform its mission by pursuing the following goals:
A. Work Product Goal: Formal and Informal Advice (Section IV).
B. Deliberative Process Goal (Section IV).
C. Public Participation and Public Input Goal (Section V).
D. Organization and Procedure Goal (Section VI).
E. Communications Goal (Section VII).
F. Orientation of New Council and Subcommittee Members Goal (Section VIII).
An Executive Council schedule for the period ending September 17, 2003, is set forth in Section
X.
To assist the reader's full understanding of the NEJAC Draft Strategic Plan, the existing
structure and plans of the NEJAC are summarized.
A. Meetings. The NEJAC is scheduled to meet twice prior to December 31, 2002. From
December 3-6, 2001, the NEJAC will meet in Seattle to address the Fish Consumption
issue. From December 9-12, 2002, the NEJAC will meet in Baltimore to address the
Pollution Prevention issue.
B. Members. The Executive Council, currently chaired by Peggy Shepard, consists of 26
members, from seven stakeholder groups.
C. Subcommittees. The NEJAC Subcommittees ("Subcommittee") presently authorized by
the EPA are as follows: Air/Water; Enforcement; Health and Research; Indigenous
Peoples; International; Puerto Rico; and Waste and Facility Siting. Each Subcommittee
is sponsored by an EPA program office.1
D. Work Groups. The Executive Council presently has two Work Groups formed by the
EPA for the development of comprehensive reports requested by the EPA. These are: (1)
1 The EPA Program Offices which sponsor NEJAC Subcommittees are:
Air/Water: Office of Air and Radiation, Office of Water
Enforcement: Office of Enforcement and Compliance Assurance
Health and Research: Office of Research and Development, Office of Prevention, Pesticides, and Toxic
Substances.
Indigenous Peoples: Office of Environmental Justice, American Indian Environmental Office
International: Office of International Activities
Puerto Rico: Region 2
Waste and Facility Siting: Office of Solid Waste and Emergency Response
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Fish Consumption; (2) Interagency Strategies to Integrate Environmental Justice. A
Work Group on Pollution Prevention will soon be formed.
E. Expanded Protocol Committee. The Expanded Protocol Committee conducts the
business of the NEJAC when the Executive Council is not in session. Presently, the
Expanded Protocol Committee consists of the Chairs and Vice-Chairs of each NEJAC
Subcommittee, and members who represent industry, and state and local government, to
ensure balance among all stakeholder groups. The Executive Council Chair serves as the
Chair of the Expanded Protocol Committee.
IV. Work Products Goal: Formal and Informal Advice:
To provide advice to the EPA Administrator that is cogent, timely, relevant and effective, the
NEJAC has identified several methods to render such advice. Formal advice developed through
the deliberative process and set forth in comprehensive reports will be the standard method.
However, there may be instances where letters, commentaries, and resolutions may be used.
Informal mechanisms will also be used when requested by the EPA Administrator or otherwise
deemed appropriate by the Executive Council. Informal mechanisms are important to building a
strong collaborative framework between the EPA and the NEJAC.
A. Reports: Reports are the result of in-depth analysis of broad based public policy advice
issues that provide balanced, multi-stakeholder consensus recommendations. Reports
include supporting research, cogent analysis and extensive input from a broad array of
stakeholders. Reports will be the products of Work Groups formed for that purpose.
(Please see Sections V and VII-B for detailed discussion of Work Groups.)
B. Letters: Letters shall provide advice and recommendations on a limited issue and/or in
response to a request needing an immediate response. A letter conveys a set of concerns
and/or balanced, multi-stakeholder consensus recommendations.
C. Commentaries: Commentaries represent a review of existing or proposed EPA
regulations, guidance documents, strategies, plans, policies, and procedures.
D. Resolutions: Resolutions represent a transmittal of concern through a formal expression
of the "sense of the body." Resolutions will be reserved for those concerns that the
NEJAC deems as extraordinary in nature.
E. Informal Advice: The Council recognizes that on occasion rendering cogent, timely,
relevant and independent advice to the EPA Administrator requires informal
communications between individual knowledgeable Executive Council, Subcommittee,
Work Group members or experts, and Agency officials. The Council will utilize
existing mechanisms to informally share ideas, perspectives and questions among multi-
stakeholder groups, and experts, and to provide input to Agency officials.
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To carry out this goal in the period ending September 27, 2003, the EPA, in consultation with the
NEJAC, has formed two Work Groups charged with developing two comprehensive reports on:
(1) the relationship between water quality, fish consumption, and environmental justice; and (2)
promoting innovation in pollution prevention to ensure environmental justice. Two meetings
which focus on these public policy advice issues will be held. In addition, the NEJAC will
complete a report with recommendations on interagency strategies to integrate environmental
justice - the focus of the NEJAC's December 2000 meeting.
V. Deliberative Process Goal.
The Executive Council will develop and implement a deliberative, consultative and collaborative
process on which to base its advice to the EPA Administrator. For the Council to be truly
effective, there must be several co-existing collaborative processes, such as those between the
OEJ and EPA program offices; EPA and the NEJAC; and among the diverse membership of the
NEJAC. The Council will develop a collaborative framework based upon the Charter between
the OEJ, other EPA program offices, and the NEJAC. To achieve this goal the Council will:
A. The OEJ provides direction in writing to the NEJAC regarding the public policy advice
issue(s) it will request the NEJAC to deliberate upon.
1. The OEJ's request regarding public policy advice issue(s) will include the statement
of the issue, an implementation plan for the NEJAC, and the Subcommittees and
Work Groups that may be involved. Direction regarding the public policy advice
issues for 200land 2002 already have been provided by the OEJ.
2. The OEJ may solicit from the NEJAC input regarding public policy advice issue
identification early on in the process, pursuant to Part C below. For example, public
policy advice issue "scoping" and identification will be an agenda item for the
December 2001 NEJAC meeting. The issue of Cumulative Risk was identified by the
OEJ and the Council at the NEJAC Facilitated Dialogue as a possible public policy
advice issue for a possible future meeting. Discussion on this issue will be part of the
"scoping" discussion on the NEJAC December 2001 Meeting Agenda.
B. Conduct business through a deliberative process that promotes consensus building among
representatives of all stakeholder groups, including impacted communities, so that advice
is balanced, effective, cogent, timely and relevant. Three steps will be undertaken by the
NEJAC to meet this goal:
1. Beginning in December 2001, the NEJAC meeting will be organized to create the
best environment for a deliberative process. For example, the meeting will be
conducted in a round table fashion, except for sessions such as the public comment
period. Efforts will be made to communicate this change to the public and the
rationale behind it. Additionally, the NEJAC will no longer be the venue for many
ancillary functions, such as providing the setting for other meetings that are indirectly
related to the purpose of the meeting.
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2. NEJAC will define a consensus process by June 30, 2002. NEJAC will make this an
agenda item for the December 2001 meeting. The Executive Council will use the
document entitled, "Distinguishing Polarized Debate From Dialogue," developed by
Justice and Sustainability Associates. (Appendix B.)
3. NEJAC will ensure that the views of all stakeholder groups are part of the public
policy advice issue dialogue.
C. The Executive Council will identify ways by which the NEJAC can best address the
issues identified by the OEJ, and/or identify and recommend other issues for Agency
consideration.
1. Establish an Ad Hoc Scoping Work Group to dialogue with the OEJ and relevant
program offices to identify future public policy advice issues for Agency
consideration. The Ad Hoc Scoping Work Group will be chaired by the NEJAC Chair
or her (his) designee and will be composed of Council members, and include
members who serve on the Expanded Protocol Committee. The Ad Hoc Scoping
Work Group will meet via conference call and build on the issue scoping discussion
at the December 2001 NEJAC meeting. This Ad Hoc Scoping Work Group will
conclude its work by September 30, 2002. The Chair will report periodically to the
Executive Council, Protocol Committee, and also formally report to the NEJAC at its
December 2002 meeting.
2. NEJAC members may solicit input from members of impacted communities and
members of their stakeholder groups utilizing existing communications mechanisms.
D. EPA and the NEJAC will specify a mechanism to implement comprehensive reports and
recommendations. NEJAC recognizes that work on the proposed NEJAC Policy Advice
Development Model presented at the August 2001 Facilitated Dialogue is not finished.
(Appendix C.) This model seeks to provide the essential elements of the NEJAC
deliberative process, i.e., Issue Formulation (Scoping and Identification), Work Group
Establishment, Report and Recommendations Development, NEJAC Decision and
Transmittal to EPA Administrator, EPA Implementation and Report Back, and
Assessment of Effectiveness by NEJAC. The Model will be on the agenda for the
December 2001 meeting and will be finalized by June 30, 2002.
VI. Public Participation and Public Input Goal.
The mission of the NEJAC is to provide independent advice to the EPA Administrator on
matters of environmental justice. Obtaining the views of minority, low-income, indigenous and
agricultural worker populations and of federally recognized tribes is a critical component of the
deliberative process that produces that advice and. the NEJAC will actively employ mechanisms
to solicit that input.
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A. Public Participation at NEJAC Council Meetings.
A public comment period will be included as a part of each Executive Council meeting.
The public will be encouraged to provide comments relevant to the focused public policy
advice issue being deliberated on by the NEJAC. The Executive Council will clearly
state its functions and processes for using public information prior to the public comment
period.
B. Incorporating Community Concerns and Issues into NEJAC Policy Dialogue.
1. The NEJAC will deliberate further on the chart on "Incorporating Community
Concerns and Issues in the NEJAC Policy Dialogue" (Appendix D) at the December
2001 meeting. The NEJAC will finalize this by June 30, 2002.
2. Completing this model is important because it discusses incorporating community
issues and concerns from both process and substantive standpoints. The model will
identify specific ways that the NEJAC can ensure that impacted communities' issues
and concerns are incorporated into the Executive Council deliberative process,
reports, and recommendations.
C. Public Participation at the Regional Level.
This question has special significance to the NEJAC because many local site-specific
issues historically have been brought to the NEJAC's attention. While recognizing that
the NEJAC does not have authority to address these site-specific issues, it also
understands that its ability to function effectively in providing advice and
recommendations to the EPA Administrator is dependent on the EPA's ability to find
mechanisms which respond effectively to these local issues.
Hence, the OEJ has initiated a process whereby the EPA regional offices have agreed to
conduct local listening sessions and other activities to address site-specific issues, many
of which have come to the NEJAC's attention by virtue of its public comment periods.
This should be seen as part of the continuing implementation of the OEJ's goal of
integrating environmental justice in all the EPA's policies, programs, and activities.
Because so many of these issues have come to the NEJAC's attention, it has a special
interest in ensuring the implementation of this process. As soon as a strategy for
conducting these sessions by the EPA Regions has been formulated, the OEJ, in
conjunction with EPA regions, will provide a report to the NEJAC. The NEJAC, in its
role as an advisory body, will advise the EPA on the implementation of this strategy and
provide a set of recommendations regarding these regional listening sessions.
VII. Organization and Procedure Goal
The NEJAC requests that the EPA initiate a review of the organizational structure and
procedures to enable the NEJAC to more effectively and efficiently develop and render advice to
the EPA Administrator. This will involve a reorientation in two fundamental areas: (1) To
transform the NEJAC process from one centered around meetings, (often viewed as
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"conferences") to one geared towards developing cogent, effective, timely and relevant
recommendations, more focus around the activities of Work Groups and/or Subcommittees
charged with developing such recommendations is needed. To accomplish this, the NEJAC will
focus on its Policy Advice Development Model and finalize it by June 30, 2002; and (2)
Subcommittees will be evaluated on how well they provide advice and recommendations. Five
elements have been identified as key to the successful operation of Subcommittees and Work
Groups: leadership, Designated Federal Officials ("DFO"), membership, linkage to and support
from sponsoring program offices, strategic goals and plan of work.
A. Subcommittees.
1. Recognizing that there exists significant differences between NEJAC Subcommittees
with respect to the five stated elements of success, the NEJAC will develop, in
consultation with the OEJ, a set of procedures by April 30, 2002, to ensure an
operational baseline for all Subcommittees and Work Groups. This will include
uniform procedures and reporting requirements.
2. NEJAC, in consultation with the OEJ and relevant EPA program offices, will
evaluate the effectiveness of the NEJAC Subcommittees. If it is concluded that a
Subcommittee is not effective, the NEJAC will recommend to the EPA the
Subcommittee's dissolution.
3. NEJAC recommends that as part of the uniform procedures for Subcommittee
operation, Subcommittees should be requested to prepare an annual strategic plan and
progress report to be submitted to the OEJ, appropriate EPA program offices, and the
Council for review. Such plans shall include the issues and procedures referred to the
Subcommittee by the Executive Council, and other issues that the Subcommittee
deems appropriate after consultation with its DFO. Plans that currently exist are
attached to this strategic plan (Appendix E). The NEJAC recommends that each
Subcommittee submit a new or revised plan by September 30, 2002.
4. Each Subcommittee shall be chaired by a member of the Executive Council and
should include representatives of each stakeholder group. A DFO shall be assigned
to each Subcommittee. NEJAC recommends, in recognition of the important roles
played by Subcommittee chairs and DFO's, that their roles be clearly defined with
regard to strategic goals of the Subcommittee.
5. NEJAC recommends that each Subcommittee submit a report to the Executive
Council at least thirty (30) days before each Council meeting. The report shall detail
the Subcommittee's progress on meeting the goals stated in its strategic plan.
B. Work Groups.
1. In accordance with Section 11 of the NEJAC Charter, the EPA will form Work
Groups to prepare comprehensive draft reports and recommendations to the EPA
Administrator. This is part of the Deliberative Process Goal already articulated in
Section V. As stated, the procedures require greater attention and refinement and can
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be addressed by the NEJAC paying greater attention to the proposed NEJAC Policy
Advice Development Model (Appendix C). Furthermore, this will be on the agenda
for the December 2001 meeting with the goal of finalizing this model by June 30,
2002.
2. By January 31, 2002, the EPA, in consultation with the NEJAC, will form a Work
Group to address the pollution prevention public policy advice issue. The EPA, in
consultation with the Executive Council, will assign the Work Group a specific task,
set a timeframe for performing the task, and specify the type of work product
requested.
3. Each Work Group shall include at least one representative from each stakeholder
group who may, but need not, be a member of the Executive Council. Members of
Work Groups may be stakeholder representatives not on the NEJAC.
4. As resources permit, Work Groups may seek assistance from EPA employees or
experts outside the Agency.
5. Work Groups shall follow the same procedures as Subcommittees regarding
submission of work products for Executive Council review and action.
6. Each Work Group shall sunset upon final Executive Council action on its work
product.
D. NEJAC Council Meetings.
1. Face to Face Meetings.
a. Pursuant to Section 8 of the NEJAC Charter, the Executive Council may meet
approximately two times a year. Meetings will take place with the approval of
the Director of the OE J. In the period ending December 31, 2002, two meetings
have been approved, December 2001 and December 2002. These will be
Business/Public Policy Advice Issue Meetings and conducted as described below.
b. To facilitate its deliberations, NEJAC will organize its meeting room in a round
table fashion. The tables or seating will be moved, as appropriate, during the
public comment period.
2. Business/Public Policy Advice Issue Meetings Planned.
a. The Executive Council has scheduled its Business/Public Policy Advice Issue
Meetings for December 3-6, 2001 (Fish Consumption) and December 9-12, 2002
(Pollution Prevention).
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b. The Business/Public Policy Advice Issue meetings will be divided into two
separate segments. The business segment will follow the same format, receive
the same substantive reports, and focus on the same subject matters as are set
forth above for the business meeting. The policy segment will focus on a public
policy program addressed by a Subcommittee or Work Group. The Public Policy
Advice Issue Program will involve a broad base of stakeholders involved in the
issue. Specific recommendations will be developed in advance of the meeting for
consideration by the Council as a result of the Public Policy Advice Issue
Program. The agenda for the business/public policy meeting will be after
consultation with and final approval of the Council Chair and Expanded Protocol
Committee.
c. Each meeting will include opportunities for public comment that ensure
reasonable time for all members of the public to provide comments.
d. The Executive Council will make every effort to reach consensus (agreement),
and, if necessary, by majority vote on the advice to be rendered to the EPA
Administrator on the public policy advice issue discussed. When necessary,
further work may be requested from a Subcommittee or other group for
resubmission to Council.
e. Decisions of the Executive Council will be made based on appropriate
information and after adequate deliberations. The deliberation process occurs in
the Subcommittee and Work Group process as well as before the Council.
F. Expanded Protocol Committee.
The Expanded Protocol Committee shall conduct the business of the NEJAC when the
Executive Council is not in session. The Expanded Protocol Committee shall include at
least one representative of each stakeholder group. The Expanded Protocol Committee
conference calls will take place at the request and direction of the NEJAC Chair and the
NEJAC DFO.
G. Conference Calls.
The Executive Council and/or the Expanded Protocol Committee will meet via
conference call when face to face meetings are not held. The Expanded Protocol
Committee conference calls will take place on a monthly basis. Full Executive Council
conference calls will occur on an as needed basis, to be determined by the NEJAC Chair
and NEJAC DFO. Special conference calls can also be initiated to consider issues on a
rapid response basis.
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VIII. Communications Goal.
The Executive Council will develop a communications plan that will include at least the
following elements:
A. Improving information flow from the EPA (headquarters and programs) to the Council
will be a focus of the Executive Council. The Executive Council needs to be kept abreast
of Agency activities impacting environmental justice situations.
B. Listservs: Council believes that technology, such as e-mail, provides new procedures and
mechanisms that may facilitate Council's consideration of certain matters in a more
efficient manner than is possible through formal meetings and conference calls. Council
will explore with the OEJ the feasibility of establishing a listserv whose members would
consist of all Council members and DFOs. Council members may use the listserv to
discuss matters properly before the Council including business and policy matters.
IX. Orientation of New Council and Subcommittee Members Goal.
To integrate new members into the Council, all new members will be provided with materials
containing at a minimum the Federal Advisory Committee Act, the NEJAC Charter, operational
guidelines, organizational chart, a list of Council members, a description of the functions of the
Subcommittees, and a list of Subcommittee members; historical information including past
Council membership list and background bibliography notations on environmental justice that
include United Church of Christ 1987 document and Professor Robert Bullard's related books;
and travel guidelines and EPA ethics training for special employees. The new members will be
provided with at least two hours of orientation prior to their first NEJAC meeting, and, at such
meeting, a current NEJAC member will be assigned as a mentor.
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X. NEJAC Council Schedule.
September 24, 2001
November 2001
December 2001
December 2001
January 2002
March/April 2002
March/ April 2002
April 2002
June 2002
September 2002
October 2002
December 2002
NEJAC Council Submit Strategic Plan to the EPA
EPA Approval of the Strategic Plan
Council Meeting on Fish Consumption Public Policy Advice Issue
Implementation of Strategic Plan: Discussion at Council Meeting
Establishment of Pollution Prevention Work Group
NEJAC Action on Fish Consumption Report and Recommendations
NEJAC Action on Interagency Environmental Justice Strategies
Report and Recommendations
OEJ to provide uniform procedures for the operation of
Subcommittees
Following Items to be completed:
Ad Hoc Scoping Work Group recommendations
Finalization of NEJAC Policy Advice Development Model
Finalization of Incorporating Impacted Community Issues and
Concerns into NEJAC Policy Dialogue
Develop definition of consensus
Subcommittee Strategic Plans Due
Subcommittee Progress Reports Due
Council Meeting and Pollution Prevention Public Policy Advice Issue
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ATTACHMENT A
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CHARTER
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
1. Committee's Official Designation (Title):
National Environmental Justice Advisory Council
2. Authority:
This charter renews the National Environmental Justice Advisory Council (NEJAC) in
accordance with the requirements of the Federal Advisory Committee Act (FACA), 5 U.S.C.
App. 2 ง 9 (c). NEJAC is in the public interest and supports EPA in performing its duties and
responsibilities.
3. Objectives and Scope of Activities:
NEJAC shall provide independent advice and recommendations to the Administrator on
areas relating to environmental justice that may include:
a. Advice on EPA's framework development for integrating socioeconomic programs
into strategic planning, annual planning and management accountability for
achieving environmental justice results agency-wide.
b. Advice on measuring and evaluating EPA's progress, quality, and adequacy in
planning, developing, and implementing environmental justice strategies, projects,
and programs.
c. Advice on EPA's existing and future information management systems,
technologies, and data collection, and to conduct analyses that support and
strengthen environmental justice programs in administrative and scientific areas.
d. Advice to help develop, facilitate, and conduct reviews of the direction, criteria,
scope, and adequacy of the EPA's scientific research and demonstration projects
relating to environmental justice.
e. Provide advice for improving how the EPA and others participate, cooperate, and
communicate within the Agency and between other Federal agencies, State, or
local governments, Federally recognized Tribes, environmental justice leaders,
interest groups, and the public.
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f. Advice regarding EPA's administration of grant programs relating to
environmental justice assistance (not to include the review or recommendations of
individual grant proposals or awards).
g. Advice regarding EPA's awareness, education, training, and other outreach
activities involving environmental justice.
4. Description of Committees Duties:
The duties of the NEJAC are solely advisory in nature.
5. Official(s) to Whom the Committee Reports:
The NEJAC will provide advice and recommendations, and report to the EPA
Administrator through the Office of Environmental Justice, Office of Enforcement and
Compliance Assurance.
6. Agency Responsible for Providing the Necessary Support:
EPA will be responsible for financial and administrative support. Within EPA, this
support will be provided by the Office of Environmental Justice, Office of Enforcement and
Compliance Assurance.
7. Estimated Annual Operating Costs and Work Years:
The estimated annual operating cost of NEJAC is $970,970 which includes 3.8
work-years of support.
8. Estimated Number and Frequency of Meetings:
The NEJAC may meet approximately two (2) times a year. Meetings will occur as needed
and as approved by the Director of the Office of Environmental Justice who serves as the
Designated Federal Officer (DFO) or his/her designee. EPA may pay travel and per diem
expenses when determined necessary and appropriate. The DFO or his/her designee will be
present at all meetings, and each meeting will be conducted in accordance with an agenda
approved in advance by the DFO. The DFO is authorized to adjourn any meeting when he or she
determines it is in the public interest to do so. As required by FACA, NEJAC will hold open
meetings unless the Administrator determines that a meeting or a portion of a meeting may be
closed to the public in accordance with subsection (c) of Section 552(b) of Title 5, United States
Code and will provide an opportunity for interested persons to file comments before or after such
meetings, or to make statements to the extent that time permits.
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9. Duration and Termination:
The NEJAC will be examined annually and will exist until the EPA Deputy Administrator
determines the Council is no longer needed. This charter will be in effect for two
years from the date it is filed with Congress. After this two-year period, the charter may be
renewed as authorized in accordance with Section 14 of FACA (5 U.S.C. App. 2 ง 14).
10. Member Composition:
The NEJAC will be composed of approximately 26 members. Most members will serve as
representatives of non-Federal interests. Members will be selected from among, but are not
limited to, community-based groups; industry and business; academic and educational institutions;
State and local governments; Federally recognized Tribes and Indigenous groups; and non-
governmental and environmental groups as deemed appropriate.
11. Subgroups:
EPA may form NEJAC subcommittees or workgroups for any purpose consistent with
this charter. Such subcommittees or workgroups may not work independently of the chartered
committee. Subcommittees or workgroups have no authority to make decisions on behalf of the
chartered committee nor can they report directly to the Agency.
August 14. 2001
Agency Approval Date
August 21. 2001
GSA Consultation Date
September 27. 2001
Date Filed with Congress
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ATTACHMENT B
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Justice & Sustainability Associates, LLC
2330 Good Hope Road, Southeast, Suite 1206
Washington, DC 20020-4145
(202) 610-0005 * (202) 610-4471 fax
www iusticesustainability com
Distinguishing Polarized Debate From Dialogue*
POLARIZED DEBATE
DIALOGUE
Pre-meeting communication between sponsors and
participants is minimal and largely irrelevant to
what follows
Pre-meeting contacts and preparation of
participants are essential elements of the full
process.
Participants tend to be leaders known for
propounding a carefully crafted position. The
persons displayed in the debate are usually already
familiar to the public. The behavior of the
participants tends to conform to stereotypes.
Those chosen to participate re not necessarily
outspoken "leaders." Whoever they are, they
speak as individuals whose own unique
experiences differ in some respect from others on
their "side." Their behavior is likely to vary in some
degree and along some dimensions from
stereotypic images others may hold of them.
The atmosphere is threatening; attacks and
interruptions are expected by participants and are
usually permitted by moderators.
The atmosphere is one of safety; facilitators
propose, get agreement on, and enforce clear
ground rules to enhance safety and promote
respectful exchange.
Particpants speak as representatives of groups.
Participants speak as individuals, from their own
unique experience.
Participants speak to their own constituents and,
perhaps, to the undecided middle.
Participants speak to each other.
Differences within "sides" are denied or minimized.
Differences among participants on the same "side"
are revealed, as individual and personal
foundations of beliefs and values are explored
Participants express unswerving commitment to a
point of view, approach, or idea.
Participants express uncertainties, as well as
deeply held beliefs.
Participants listen in order to refute the other side's
data and to expose faulty logic in their arguments.
Questions are asked from a position of certainty.
These questions are often rhetorical challenges or
disguised statements.
Participants listen to, understand, and gain insight
into the beliefs and concerns of the others.
Questions are asked from a position of curiosity.
Statements are predictable and offer little new
information.
New information surfaces.
Success requires simple impassioned statements.
Success requires exploration of the complexities of
the issue being discussed.
Debates operate within the constraints of the
dominant public discourse. (The discourse defines
the problem and the options for resolution. It
assumes that fundamental needs and values are
already clearly understood.)
Participants are encouraged to question the
dominant public discourse, that is, to express
fundamental needs that may or may not be
reflected in the discourse and to explore various
options for problem definition and resolution.
Participants may discover inadequacies in the
usual language and concepts used in the public
debate.
*Justice and Sustainability Associates, LLC acknowledges the Public Conversations Project for
the original design of this chart. The chart contrasts debate as commonly seen on U.S.
television with the kind of dialogue promoted in dialogue sessions conducted by Justice and
Sustainability Associates, LLC.
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ATTACHMENT C
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NEJAC POLICY ADVICE DEVELOPMENT MODEL
DRAFT #1b (July 27,2001)
PHASE I: ISSUE FORMULATION
Identifying Potential Policy Issue
(OEJ, NEJAC, EPA Program Office)
Initial Scoping
Issue/Policy Question Formulation
OEJ Codification of Public Policy Request
Workgroup Establishment and Designation of Chair (s)
(Should involve Subcommittees)
I
PHASE II: REPORT/RECOMMENDATIONS DEVELOPMENT
Outline Development
In-depth Scoping and Research
Ensure Meaningful Stakeholder Involvement, Particularly
Community and Tribal Stakeholders
Drafting
Meeting Report Consultant Retained
Workgroup assists in identifying panelists to address issue
NEJAC Meeting
Executive Council Dialogue
Subcommittees Dialogue
Refine/Expand Draft Recommendations
I
PHASE III: NEJAC ACTION
Finalization of Recommendations and Report
Transmittal to Agency
Disband NEJAC Workgroup
I
PHASE IV: IMPLEMENTATION BY EPA
Referral to Appropriate Program Office(s)
Response Letter of Commitments and Implementation Targets
Report Back to NEJAC by EPA Program Office
NEJAC Followup
Was NEJAC's recommendations effective?
What further follow up or action by NEJAC is needed?
How were reommendations implemented?
What were impacts of recommendations?
What programs were developed as result of recommendations?
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ATTACHMENT D
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INCORPORATING IMPACTED COMMUNITY CONCERNS AND ISSUES
INTO NEJAC/EPA POLICY DIALOGUE
Substantive
Process
1.
2.
3.
4.
5.
6.
Focus on Community
Impacts/Issues
Address Questions of Disproportion,
Vulnerability, Economics, Social, Etc.
Provide, Understand,
Appreciate - Impacted
Communities Context
Use Case Examples
Provide & Integrate
Relevant Policy Handles
Others...
2.
3.
NEJAC POLICY
DIALOGUE
Impacted Community Representatives on
NEJAC or WG
Local Listening Sessions
Obtain Impacted Communities' Input
During Public Comment Period
4. Do Workshops and Briefings with
Impacted Communities on Issue
(Interactive / Educational)
5. Hold NEJAC Meeting in Appropriate
Location to Enable Community
Participation
6. Have Persons Able to Translate
Community Concerns Into Policy
Context
7. Site Visits
8. Others...
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EXECUTIVE ORDER NO. 12898
FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE
IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS
By the authority vested in me as President by the Constitution and
the laws of the United States of America, it is hereby ordered as
follows:
Section 1-1. implementation
1-101. Agency Responsibilities. To the greatest extent practicable and
permitted by law, and consistent with the principles set forth in the
report on the National Performance Renew, each federal agency
shall make achieving environmental justice part of its mission by
identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of its programs,
policies and activities on minority populations and low-income
populations in the L'nited States and its territories and possessions,
the District of Columbia, the Commonwealth of Puerto Rico and
the Commonwealth of the Mariana Islands.
1-11)2. Creation of an Interagency Working Group on Environmental Justice.
(a) Within 3 months of the date of this order, the Administrator of
the Environmental Protection Agency or the Administrator's des-
ignee shall convene an interagency Federal Working Group on
Environmental Justice, '['he Working Group shall comprise the
heads of the following executive agencies and offices or their des-
ignees: (a) Department of Defense, (b) Department of Health and
Human Services, (c) Department of Housing and Urban Develop-
ment. (d) Department of Labor, (e) Department of Agriculture, (f)
Department of Transportation, (g) Department of Justice, (h) De-
partment of the Interior, (i) Department of Commerce, (j) Depart-
ment of Encrgv. (k) Env ironmcntal Protection Agencv (I) Office of
Management and Budget, (m) Office of Science and Technology
ohcy, (n) Office of the Deputy Assistant to the President for En-
vironmental Policy, (o) Office of the Assistant to the President for
Domestic Policy, (p) National Economic Council, ((]) Council of
Economic Advisers, and (r) such other Gov ernment officials as the
President mav designate. The Working Group shall report to the
president through the Deputy Assistant to the President for Envi-
ronmental Polic\ and the Assistant to the President for Domestic-
Policy.
(b) The Working Group shall.
(1) Provide guidance to federal agencies on criteria for identifying
disproportionately high and adverse human health or environmen-
tal effects on minority populations and low-income populations;
(2) Coordinate with, provide guidance to. and serve as a clearing-
house for, each federal agency as it develops an environmental jus-
tice strategy as required b\ section 1-103 of this order, in order to
ensure that the administration, interpretation and enforcement of
programs, activities and policies are undertaken in a consistent
manner;
(3) Assist in coordinating research by, and stimulating cooperation
among, the Environmental Protection Agency, the Department of
Health and Human Services, the Department of Housing and Ur-
ban Development, and other agencies conducting research or other
activities in accordance with section 3-3 of this order;
(4) assist in coordinating data collection, required by this order,
(5) examine existing data and studies on environmental justice;
(6) hold public meetings as required in section 5-502(d) of this
irder; and
.7) develop interagency model projects on environmental justice
that evidence cooperation among federal agencies
1 -103. Development of Agency Strategies.
(a) Except as provided in section 6-605 of this order, each federal
agency shall develop an agencywidc environmental justice strat-
egy, as set forth in subsections (b)-(c) of this section that identifies
and addresses disproportionately high and adverse human health
or environmental effects of its programs, policies and activities on
minority populations and low-income populations The environ-
mental justice strategy shall list programs, policies, planning and
public participation processes, enforcement and/or rule makings
related to human health or the environment that should be rev iscd
to, at a minimum: (1) promote enforcement of all health and env i-
ronmental statutes in areas with minority populations and lovv-
income populations; (2) ensure greater public participation; (3) im-
prove research and data collection relating to the health of and en-
vironment of minority populations and low-income populations, and
(4) identify differential patterns of consumption of natural resources
among minority populations and low-income populations. In addi-
tion, the environmental justice strategy shall include, where ap-
propriate. a timetable for undertaking identified revisions and con-
sideration of economic and social implications of the rev isions.
(b) Within four months of the date of this order, each federal agencv
shall identify an internal administrative process for developing its
environmental justice strategy, and shall inform the Working Group
of the process.
(c) Within six months of the date of this order, each tcder.il .igcncv
shall provide the Working Group with an outline nl its proposed
environmental justice strategy
(d) Within 10 months of the date of this order, eai li teder.il .tgencv
shall provide the Working Group w ith its proposed env inininent.il
justice strategy.
(e) Within 12 months of the date of this order, cac h ted era I agencv
shalf finalize its environmental justice strategv and pun ulc a copv
and written description of its strategv to the Working (.roup I fir-
ing the 12-month period from the date of this ordei. each federal
agency, as part of us environmental justice strategs. shall ulcntifs
several specific projects that can be promptlv undertaken to ad-
dress particular concerns identified during the dev elopment of the
proposed env ironmcntal justice strategy and a schedule tor imple-
menting those projects.
(0 Within 24 months of the date of this order, each federal agencv
shall report to the Working Group on its progress in implementing
its agencywidc environmental justice strategv.
(g) Federal agencies shall provide additional periodic reports to the
Working Group as requested bv the Working Group.
1-104. Reports to the President. Within 14 months of the date of this
order, the Working Group shall submit to the President, through
the Office of the Deputy Assistant to the President for Environ-
mental Policy and the Office of the Assistant to the President for
Domestic Policy, a report that describes the implementation of this
order, and includes the final environmental justice strategies de-
scribed in section 1-103(e) of this order.
Section 2-2. Federal Agency Responsibilities for Federal Programs
Each federal agency shall conduct its programs, policies, and ac-
tivities that substantially affect human health or the env ironment.
in a manner that ensures that such programs, policies, antl activi-
ties do not have the effect of excluding persons (including popula-
tions) from participation in, denying persons (including populations)
the benefits of, or subjecting persons (including populations) to
discrimination under, such programs, policies and aetiv iries because
of their race, color or national origin
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Section 3-3. Research, Data Collection, and Analysis
3-301. Human Health and Environmental Research and Analysis.
yit) Environmental human health research, whenever practicable and
appropriate, shall include diverse segments of the population in epi-
demiological and clinical studies, including segments at high risk
from environmental hazards, such as minority populations, low-
income populations and workers who may he exposed to substantial
environmental hazards.
(b) Environmental human health analyses, whenever practicable and
appropriate, shall identify multiple and cumulative exposures.
(c) Federal agencies shall provide minority populations and low-
income populations the opportunity to comment on the develop-
ment and design of research strategies undertaken pursuant to this
order.
3-302. Human Health and Environmental Data Collection and Analysis.
To the extent permitted by existing law. including the Privacy Act.
as amended (5 U.S.C. section 532a):
(a) each federal agency, whenever practicable and appropriate, shall
collect, maintain, and analxzc information assessing and comparing
cm ironmental and human health risks borne by populations identi-
fied bv r.ice. national origin or income. To the extent practical and
appropriate, federal agencies shall use this information to deccrmine
whethei their programs, policies and activities have disproportion-
ately high and adverse human health or en\ ironmental effects on
mmorirv populations and low-income populations:
lb) In connection with the development and implementation of
agents strategies in section 1-103 of this order, each federal agencv,
whenever practicable and appropriate, shall collect, maintain and
analyze information on the race, national origin, income level and
other readily accessible and appropriate information for areas sur-
rounding facilities or sites expected to have a substantial environ-
mental. human health or economic effect on the surrounding popu-
lations. "hen such facilities or sites become the subject of a sub-
stantial federal environmental administrative or judicial action Such
information shall be made available to the public, unless prohibited
b\ l.iu. .ind
(ei Each federal agency, whenev cr practicable and appropriate, shall
collect, maintain, and analyze information on the race, national ori-
gin. income level and other readily accessible and appropriate infor-
mation tor areas surrounding federal facilities that ate: (1) subject to
the reporting requirements under the Emergency Planning and Com-
munity Right-to-Knovv Act. 42 U.S.C. section 11001-11050 as man-
dated in Executive Order No. 12856; and (2) expected to have a
substantial environmental, human health or economic effect on sur-
rounding populations. Such information shall be made available to
the public, unless prohibited by law.
(d) In carrying out the responsibilities in this section, each federal
agencv, whenever practicable and appropriate, shall share informa-
tion and eliminate unnecessary duplication of efforts through the
use of existing data svstcms and cooperative agreements among fed-
eral agencies and with state, local and tribal governments
Section 4-4. Subsistence Consumption of Fish and Wildlife
4-401. Consumption Patterns. In order to assist in identifying the need
for ensuring protection of populations with differential patterns of
subsistence consumption offish and wildlife, federal agencies, when-
ever practicable and appropriate, shall collect, maintain and analvze
information on the consumption patterns of populations who princi-
pally rely on fish and/or wildlife for subsistence. Federal agencies
shall communicate to the public the risks of those consumption pat-
terns
4-402 Guidance. Federal agencies, whenever practicable and
appropriate, shall work in a coordinated manner to publish guidance
reflecting the latest scientific information available concerning
methods for evaluating the human health risks associated with the
consumption of pollutant-bearing fish or wildlife. Agencies shall
consider such guidance in developing their policies and rules.
Section 5-5. Public Participation and Access to Information
(a) The public may submit recommendations to federal agencies
relating to the incorporation of environmental justice principles into
federal agency programs or policies. Each-federal agency shall con-
vey such recommendations to the Working Group.
(b) Each federal agency may. whenever practicable and appropri-
ate, translate crucial public documents, notices and hearings
relating to human health or the environment for limited English-
speaking populations.
(c) Each federal agency shall work to ensure that public documents,
notices and hearings relating to human health or the environment
are concise, understandable and readily accessible to the public.
(d) The Working Group shall hold public meetings, as appropriate,
for the purpose of fact-finding, receiv ing public comments and con-
ducting inquiries concerning environmental justice The Working
Group shall prepare for public review a summarv of the comments
and recommendations discussed at the public meetings.
Section 6-6. General Provisions
6-601. Responsibility for Agency Implementation. The head of each fed-
eral agency shall be responsible for ensuring compliance with this
order. Each federal agency shall conduct internal reviews and take-
such other steps as may be necessary to monitor compliance with
this order.
6-602. Executive Order No 12250. This Executive Order is intended
to supplement but not supersede Executive Order No. 12250. which
requires consistent and effective implementation of various laws
prohibiting discriminatory practices in programs receiving federal
financial assistance. Nothing herein shall limit the effect or man-
date of Executiv e Order No. 12250.
6-603. Executive Oidei No. 12875. This Executive Order is not in-
tended to limit the effect or mandate of Executive Order No. 12875.
6-604. Stupe. For purposes of this order, federal agency means an
agency on the Working Group, and such other agencies as may be
designated by the President, that conducts anv federal program or
activ ity that substantially affects human health or the env ironnicnt.
Independent agencies are requested to eomplv vv ith the prov isions
of this order.
6-605. Petitions for F,\empnons The head of a federal agency max
petition the President for an exemption from the requirements of
this order on the grounds that all or some of the petitiomng agency \
programs or activities should not be subject to the requirements of
this order.
6-606. Native American Programs. Each federal agency responsibility
set forth under this order shall apply equally to Native American
programs. In addition, the Department of the Interior, in coordina-
tion with the Working Group, and, after consultation with tribal lead-
ers, shall coordinate steps to be taken pursuant to this order that
address federally recognized Indian Tribes.
6-607 Costs. I 'nless othervv ise provided by law, federal agencies shall
assume the financial costs of complying with this order.
6-608. General. Federal agencies shall implement this order consis-
tent with, and to the extent permitted by. existing law.
6-609. Judicial Revies\ This order is intended only to improve the
internal management of the Executive Branch and is not intended
to. nor does it create any right, benefit, or trust responsibility, sub-
stantive or procedural, enforceable at law or equity by a party against
the United States, its agencies, its officers or any person. This order
shall not be construed to create any right to judicial review involv-
ing the compliance or non-compliance of the United States, its agen-
cies, its officers or any other person with this order.
W'illitim J Clinton
The White House
II February 1994
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL (NEJAC)
FISH CONSUMPTION REPORT SUMMARY
Pre-Meeting Discussion Draft Developed in Preparation for
NEJAC Meeting of December 3 through 6, 2001 in Seattle, Washington
SUMMARY
This Pre-Meeting Discussion Draft has been compiled in preparation for the December, 2001 meeting of the
National Environmental Justice Advisory Council (NEJAC). It is intended to serve as a basis for discussing
the following overarching policy question:
How should EPA improve the quality, quantity, and integrity of our
Nation's aquatic ecosystems in order to protect the health and
safety of people consuming or using fish, aquatic plants, and
wildlife?
This Draft works to identify and discuss the particular issues that this question raises when - as is often
the case - those affected by contaminated and depleted aquatic ecosystems are low-income communities,
communities of color, and American Indian tribes/Alaskan Native villages and their members.
The Draft is organized into five chapters. An initial chapter provides background. The four succeeding
chapters each address a more focused policy question and the issues it raises. These chapters are
outlined below:
Background
This chapter explores the importance of having healthy aquatic ecosystems to address issues of
environmental justice. It provides background on the perspectives of the various individuals, communities,
and tribes affected by those aquatic ecosystems which are contaminated and depleted. This chapter
begins with the observation that low-income communities, communities of color, and tribes depend on
healthy aquatic ecosystems and the fish, aquatic plants, and wildlife that these ecosystems support.
While there are important differences among these various affected groups, their members generally depend
on the fish, aquatic plants, and wildlife to a greater extent and in different ways than does the general
population. These resources are consumed and used to meet nutritional and economic needs. For some
groups, they are also consumed or used for cultural, traditional, or religious purposes. For members of
these groups, the conventional understandings of the "health benefits" or "economic benefits" of catching,
harvesting, preparing, and eating fish, aquatic plants, and wildlife do not adequately capture the significant
value these practices have in their lives and the life of their culture. The harms caused by degradation of
aquatic habitats and depletion of fisheries, moreover, do not only effect the present generation. They take
their toll on future generations and on the transfer of knowledge from one generation to the next (e.g.,
customs and traditions surrounding harvest, preparation and consumption of aquatic resources).
Many of the rivers, streams, bayous, bays, lakes, wetlands, and estuaries that support these resources on
which communities and tribes depend have become contaminated and depleted. Contamination is causing
the communities' and tribes' everyday practices - their ways of living - to serve as a source of exposure to
a host of substances toxic to humans and other living things. The depletion of aquatic environments and
resources also threatens these groups' subsistence, economic, cultural, traditional, and religious practices.
Aquatic ecosystems are contaminated with mercury, PCBs, dioxins, DDT and other pesticides, lead and
other metals, sediments, fecal coliform and other bacterial and viral contaminants - in short, a host of
toxins, most of which are particularly troubling because they persist in the environment for great lengths of
time and because they bioaccumulate in the tissues of fish, aquatic plants, and wildlife, existing in greater
quantities higher up the food chain.
For many low-income communities, communities of color, and tribes there are no real alternatives to eating
and using fish, aquatic plants, and wildlife. For many members of these groups it is entirely impractical to
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NEJAC Fish Consumption Report Summary
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"switch" to "substitutes" when the fish and other resources on which they rely have become contaminated.
There are numerous and often insurmountable obstacles to seeking alternatives (e.g., fishing "elsewhere,"
throwing back "undesirable" species of fish, adopting different preparation methods, or substituting beef,
chicken or tofu). For some, not fishing and not eating fish are unimaginable for cultural, traditional, or
religious reasons. For the fishing peoples of the Pacific Northwest, for example, fish and fishing are
necessary for survival as a people - they are vital as a matter of cultural flourishing and self-determination.
When health and environmental agencies respond to contamination and its impacts, they typically employ
one of both of two general strategies: risk avoidance, whereby risk-bearers are encouraged or required to
change the practices that expose them to contamination (e.g., through fish consumption advisories,
directed to those who eat fish) or risk reduction, whereby risk-producers are required to cleanup, reduce, or
prevent contamination (e.g., through water quality standards, applied to industrial sources that discharge
contaminants into surrounding waters). In either event, agencies rely on assumptions about fish
consumption rates, practices, and needs that reflect the circumstances of the general population, but often
are not reflective enough of the circumstances of affected communities and tribes. Agencies' approaches
to risk assessment, risk management, and risk communication similarly fall short of taking into account
that affected groups consume and use fish, aquatic plants, and wildlife in different cultural, traditional,
religious, historical, economic, and legal contexts than the "average American." These observations have
policy implications that are taken up in the remaining chapters.
Chapter One: Research Methods and Risk Assessment Approaches
Chapter One focuses on the tools that agencies use to define, evaluate, and respond to the adverse health
impacts from contaminated aquatic environments. It examines the research methods that agencies use to
obtain information about the lives, practices, and circumstances of affected communities and tribes. It also
examines the risk assessment approaches that agencies employ to evaluate and address these health
impacts.
This chapter begins by noting that agencies typically focus on "adverse impacts to human health" that tend
to focus narrowly on individuals and physiological harms. Some affected groups, by contrast, may view the
harms from contamination more broadly: they are not only physiological, but psychological, social, and
cultural: which may not only impact an individual, but a group overall.
This chapter then devotes considerable discussion to differences in various groups' circumstances of
exposure. It documents the marked differences in how much fish is eaten (measured by fish consumption
rates) between the general population and higher-consuming "subpopulations" such as low-income
communities, communities of color, and tribes. It canvases agencies' standard assumptions about the
fish, plant, and wildlife species that people consume and use; the parts of these species they use; and the
preparation methods they employ. It points out that these assumptions often do not reflect the practices
among the various affected groups. It observes the different cultural, traditional, religious, historical,
economic, and legal contexts in which many affected groups consume and use aquatic resources. It takes
up the issues of aggregate or multiple exposures and cumulative risks, noting that whereas agencies'
current methods proceed as if humans were exposed to a single contaminant at a time, humans are
actually often exposed to multiple contaminants at a time or in succession, and often by more than one
route and pathway of exposure. This is especially likely to be the case for many members of low-income
communities, communities of color, and tribes. Each of the considerations raised here contributes to the
observation that agencies currently underestimate the extent to which members of these groups are
exposed to environmental contaminants. The result is that standards set or advisories issued based on
these estimates will not be sufficiently protective of these affected groups.
This chapter next considers the different susceptibilities and "co-risk" factors that may characterize affected
groups and their members, noting again that these differences are unlikely to be accounted for by current
agency approaches.
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NEJAC Fish Consumption Report Summary
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This chapter then explores suppression effects and their implications. A suppression effect occurs when a
fish consumption rate for a given subpopulation reflects a current level of consumption that is artificially
diminished from an appropriate baseline level of consumption for that subpopulation. The more robust
baseline level of consumption is "suppressed," inasmuch as is does not get captured by the fish
consumption rate. Suppression effects may arise as a result of contaminated aquatic ecosystems,
depleted aquatic ecosystems and fisheries, or both. When agencies set environmental standards using a
fish consumption rate based upon an artificially diminished consumption level, they may set in motion a
downward spiral whereby the resulting standards permit further contamination and/or depletion of the fish
and aquatic resources. This chapter discusses the policy implications of suppression effects.
Finally, this chapter addresses research methods relevant to risk assessment, risk management, and risk
communication. Much of the preceding discussion is brought to bear, as it underscores the fact that it will
often be crucial to the relevance, accuracy, and acceptability of research in these areas that the affected
community or tribe be central to the process throughout. This is not only a matter of community access or
tribal consultation, but, importantly, a matter of scientific defensibility. There are currently sizeable gaps in
the data and methods that EPA and other agencies use to assess, manage, and communicate risk, and it
is often the case that these gaps can only be filled by community- and tribally-based research. As the
large literature on "participatory research" documents, affected communities and tribes have expertise that
is simply not going to be able to be replicated by non-member researchers. Finally, it will be important to
ensure that this community participation and tribal consultation is adequately funded and supported
technically.
Chapter Two: Utilization of Existing Legal Authorities
Chapter Two discusses agencies' risk reduction efforts, that is, strategies that look to risk-producers to
prevent or reduce contamination in the first place, and to cleanup and restore those environments that are
already contaminated. It examines the legal authorities that might be invoked more effectively to sustain
healthy aquatic ecosystems and to protect the health and safety of people consuming or using fish, aquatic
plants, and wildlife.
This chapter begins by providing background on the contaminants of greatest concern, not only from the
perspectives of health and environmental agencies, but also from the perspective of affected communities,
tribes, and their members. Chief among the contaminants of concern are mercury, PCBs, dioxins, DDT,
and chlordane. In addition to these five contaminants, at least eight others are a source of concern, given
that they are highly toxic; they are persistent once released into the environment; and they bioaccumulate
in the tissues of fish and wildlife. These eight are: aldrin, dieldrin, endrin, heptachlor, hexachlorobenzene,
mirex, toxaphene, and furans. Finally, a host of other contaminants are troubling here, including: lead and
other metals; numerous other pesticides; fecal choliform, marine biotoxins and various other bacterial and
viral contaminants; sediment and silt loadings; and numerous others. This chapter outlines briefly the
health effects of each of the major contaminants of concern, as well as its sources in the environment.
This chapter discusses how EPA might better prevent and reduce contamination in the first place, focusing
primarily on efforts under the Clean Water Act (CWA) and secondarily on efforts under other legal
authorities, such as the Clean Air Act (CAA). It then turns its discussion to how EPA might better clean
up and restore those aquatic ecosystems that are already contaminated. Again, it looks first to the
authority provided by the Clean Water Act, and then discusses other legal authorities, such as "Superfund,"
the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
Chapter Three: Fish Consumption Advisories
Chapter Three discusses agencies' risk avoidance strategies, focusing on fish and wildlife consumption
advisories in particular and risk communication in general. It asks what role fish consumption advisories
should play in efforts to more effectively protect the health and safety of people consuming or using these
resources. It considers how agencies can identify, acknowledge, and meet the real needs of those who are
affected - how they can work to make affected groups whole once the fish, aquatic plants, and wildlife on
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NEJAC Fish Consumption Report Summary
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which they depend have already become contaminated.
The chapter first takes up the question of the advisories' proper role. Drawing on the observations
presented above about the impracticality and/or unimaginability of reducing fish consumption or of altering
practices connected with catching, harvesting, preparing and eating fish, this chapter notes that the answer
to the question of fish consumption advisories' role will likely be different for different communities or tribes.
Importantly, it should be for the affected group to determine what will be appropriate from its perspective.
Tribes' particular political and legal status as sovereign nations must also be taken into account here, as
tribes will be in the position, in their governmental capacities, of deciding for themselves what role fish
consumption advisories should play in their environmental protection efforts.
This chapter next explores fish consumption advisories' "effectiveness." It discusses briefly the potential
differences in how "effective" might be defined by various agencies and by various affected communities and
tribes. It reviews the current state of research regarding how those to whom advisories are directed respond
to this information, observing that the available evidence suggests that low-income, people of color, those
with limited English proficiency, and those with relatively little formal education are less likely to be aware of
advisories.
In light of this evidence, and in view of current EPA efforts to this end, this chapter then devotes
considerable attention to the matter of improving the effectiveness of risk communication and fish
consumption advisories. As a general matter, it observes that if risk communication is truly to be a "two-
way street" - if communication is actually to occur, - affected groups must be involved as partners or co-
managers at every point in the risk communication process. All of the elements of effective advisories -
including "audience identification," "needs assessment," message content, media choice, implementation,
and evaluation - will fall into place if agencies and affected communities or tribes consider together the
questions and answers. In general, EPA and other agencies should work to reconceptualize risk
communication approaches from large-scale, abstract, one-time efforts to develop and disseminate various
communication "products" (e.g., developing and posting fish advisory signs) to local, contextually-
supported, ongoing efforts to establish and maintain relationships with a particular affected community or
tribe.
More specifically, it will be important for EPA and other agencies to recognize the diverse contexts,
interests, and needs that characterize the various affected groups - including, but not limited to groups with
limited English proficiency; groups with limited or no literacy; low-income communities; immigrant and
refugee communities; African American communities; various Asian and Pacific Islander communities and
subcommunities (e.g., Mien, Lao, Khmu, and Thadium communities within the larger Laotian community in
West Contra County, CA); various Hispanic communities and subcommunities (e.g., Carribean-American
communities in the Greenpoint/Williamsburg are of Brooklyn, NY); various Native Americans, Native
Hawai'ians, and Alaska Natives (including members of tribes and villages, members of non-federally
recognized tribes, and urban Native people).
"Affected groups" also refers to subgroups within these larger groups, including but not limited to nursing
infants; children; pregnant women and women of childbearing age; elders; traditionalists versus modernists
in terms of practices surrounding fish consumption, and subgroups defined by geographical region.
Affected group involvement in aiding identification and understanding of the diverse contexts, interests, and
needs of these various groups will, perhaps unsurprisingly, be essential. The content of the message and
the media selected need to be effective and appropriate from the perspective of the affected group, and this
chapter examines several specific considerations to this end. Implementation efforts, too, must be effective
and appropriate from the perspective of those affected, who will be particularly well-positioned to take the
lead in implementing an advisory and outreach strategy that has been developed by and for their group.
Evaluation will also be most usefully conducted together with members of the affected group, whose ability
to help define and measure "success" will again often be unparalleled.
Additionally, this chapter observes that capacity-building is in and of itself and environmental justice issue,
for both communities and tribes. Involvement by those affected at each point in the risk communication
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NEJAC Fish Consumption Report Summary
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process would go far toward enabling them to shape the process so that it is not only relevant and
appropriate, but also useful and empowering from the perspective of the community or tribe.
Finally, this chapter notes that here again, as in the context of research in general, financial and technical
support will be crucial to enabling communities and tribes fully to be involved.
Chapter Four: American Indian Tribes and Alaskan Native Villages
Chapter Four addresses issues unique to American Indian tribes, Alaskan Native villages, and their
members. Although tribes and their members share many of the concerns discussed in the preceding
chapters, tribes' political and legal status is unique among affected groups and so warrants separate
treatment. Tribes are governmental entities, recognized as possessing broad inherent authority over their
members, territories, and resources. As sovereigns, federally recognized tribes have a government-to-
government relationship with the federal government and its agencies, including the EPA. Tribes' unique
legal status includes a trust responsibility on the part of the federal government. For many tribes, it also
includes treaty rights. Other laws and executive commitments, too, shape the legal obligations owed to
American Indian tribes and Alaska Native tribes and their members.
This chapter describes the EPA's Indian Policy for the Administration of Environmental Programs on Indian
Reservations; tribes' efforts to assume responsibilities for administering environmental programs on their
reservations under various federal environmental laws - notably, the Safe Drinking Water Act, the Clean
Water Act, the Clean Air Act, and CERCLA; and tribes' work as co-managers of cleanup and restoration
efforts and/or as Natural Resource Damage Trustees. In these and other roles, tribes will have
environmental justice concerns of a different and complex nature.
Finally, this chapter outlines the particular circumstances of tribes and their members with respect to
susceptibilities and co-risk factors; these have implications, as discussed more generally in Chapter One,
for agencies' risk assessment, risk management, and risk communication approaches.
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
FISH CONSUMPTION WORKGROUP
List of Members
Coleen Po/er (Co-Chair)
Member, NEJAC Indigenous Peoples Subcommittee
Sokaogon Defense Committee
2915 Ackley Circle Road
Crandon, Wl 54520
Phone: (715)365-8995
FAX: (715)365-8977
E-mail: polersdc@newnorth.net
Leonard E. Robinson (Co-Chair)
Member, NEJAC Air & Water Subcommittee
TAMCO Steel
12459 Arrow Highway
Rancho Cucamonga, CA 91739
Phone: (909) 899-0631 Extension 203
FAX: (909)899-1910
E-mail: RobinsonL@tamcosteel.com
Daisy Carter
Member, NEJAC Air & Water Subcommittee
PROJECT AWAKE
Route 2, Box 282
Coatopa, AL 35470
Phone: (205)652-6823
FAX: (205) 652-6823 or (205) 652-9343
E-mail: pawake@sumternet.com
Patricia Cochran
Alaska Native Science Commission
University of Alaska Anchorage
3211 Provident Drive
Anchorage, AK 99508
Phone: (907) 786-7704
FAX: (907) 786-7731
E-mail: anpac1@uaa.alaska.edu
Josee Cung
Minnesota Department of Natural Resources
Southeast Asian Program- Commissioner's Office
500 Lafayette Road, Box 10
St. Paul, MN 55155-4010
Phone: (651)297-4745
FAX: (651)296-6047
E-mail: josee.cung@dnr.state.mn.us
Ticiang Diangson
Supervising Planning and Development Specialist
Seattle Public Utilities
710 Second Avenue #505
Seattle, WA 98104
Phone: (206) 684-7643
FAX: (206) 684-8529
E-mail: ticiang.diangson@ci.seattle.wa.us
Pamela Kingfisher
Member, NEJAC Health & Research Subcommittee
Indigenous Women's Network
13621 FM 2769
Austin, TX 78726
Phone: (512)401-0090
FAX: (512)258-1858
E-mail: pjkingfisher@yahoo.com
Brian Merkel
University of Wisconsin- Green Bay
College of Human Biology
Green Bay, WI 54311-7001
Phone: (920) 465-2262
FAX: (920) 465-2769
E-mail: MerkelB@uwgb.edu
Bark Merrick
Earth Conservation Corps
1st and Potomac Avenue
Washington, DC
Phone: (202)554-1960
FAX:
E-mail:
Lawrence Skinner
New York State Departtment of Environmental
Conservation
Bureau of Habitat
50 Wolf Road, Route 576
Albany, NY 12233-4750
Phone: (518)457-0751
FAX: (518)485-8424
E-mail:
Moses D. Squeochs
NEJAC Indigenous Peoples Subcommittee
14 Confederation Bands of Yakama Nation
P.O. Box 151
Toppenish, WA 98948
Phone: (509)865-5121
FAX: (509) 865-6850
E-mail: mose@yakama.com
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NEJAC Fish Consumption Workgroup
List of Members
Page 2
Velma Veloria
1265 South Main Street, Suite 203
Seattle. WA 98144 or
P.O. Box 40600
Olympia, WA 98504-0600
Phone: (360) 786-7862
FAX: (360)786-7317
E-mail: veloria_ve@leg.wa.gov
Jana L. Walker
NEJAC Indigenous Peoples Subcommittee
Attorney
Law Office of Jana L. Walker
141 Placitas Trails Road
Placitas, NM 87043
Phone: (505) 867-0579
FAX:
E-mail: ndnlaw@sprintmail.com
Patrick West
Professor Emeritus
University of Michigan
29377 Sunny Beach Additive Road
Grand Rapids, MN 55744
Phone: (218) 326-2170
FAX:
E-mail: pswest@paulbunyan.net
Damon Whitehead
Member, NEJAC Air & Water Subcommittee
Earth Conservation Corps
1st Street and Potomac Avenue, SW
Washington, DC 20003
Phone:
FAX:
E-mail: damon@anacostiariverkeeper.org
Terry Williams
Commissioner
Fisheries & Natural Resources
Tulalip Tribes
7615 Totem Beach Road
Marysville, WA 98271
Phone: (360)651-4471
FAX: (360)651-4490
E-mail: twilliams@tulalip.nsn.us
Marianne Yamaguchi
Member, NEJAC Air & Water Subcommittee
Santa Monica Bay Restoration Project
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Phone: (213) 576-6614
FAX: (213) 576-6646
E-mail: myamaguc@rb4.swrcb.ca.gov
Dr. Delores Garza
Professor at the University of Alaska
Alaska Native Science Commission
2030 Sea Level Drive, Suite 352
Ketchikan, AK 99901
Phone: (907) 247-7978
FAX: (907) 247-4976
E-mail: ffdag@uaf.edu
DESIGNATED FEDERAL OFFICERS
Alice Walker
Co-DFO, NEJAC Air and Water Subcommittee
Environmental Justice Coordinator
Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Phone: (202)260-1919
FAX: (202) 269-3597
E-mail: Walker.Alice@epa.gov
Danny Gogal
DFO, NEJAC Indigenous Peoples Subcommittee
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Washington, DC 20460
Phone: (202) 564-2576
FAX:
E-mail: Gogal.Danny@epa.gov
EPA TECHNICAL RESOURCE PERSONNEL
Chris Ball
Liaison to Region 3
Office of Communications and Governmental
Relations
U.S. Environmental Protection Agency
499 South Capitol Street, 4501F
Washington, DC 20003
Phone: (202) 260-1687
FAX: (202)401-5341
E-mail: ball.chris@epa.gov
JeffBigler
National Fish and Wildlife Contamination Program
Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC - 4305)
Washington, DC 20460
Phone: (202)260-1305
FAX: (202) 260-9830
E-mail: Bigler.Jeff@epa.gov
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NEJAC Fish Consumption Workgroup
List of Members
Page 3
Ellen Brown
Policy Analyst
Office of Air and Radiation
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 6103A)
Washington, DC 20460
Phone: (202)564-1669
FAX: (202)564-1554
E-mail: Brown.Ellen@epa.gov
Gary Carroll
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Washington, DC 20460
Phone: (202) 564-2404
FAX:
E-mail: Carroll.Gary@epa.gov
Gail DuPuis
ECO Intern
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Office of Environmental Justice
Washington, DC 20460
Phone:
FAX:
E-mail:
Sue Gilbertson
Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 4305)
Washington, DC 20460
Phone: (202)260-1188
FAX:
E-mail: Gilbertson.Sue@epa.gov
Richard Healy
Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 4305)
Washington, DC 20460
Phone: (202)260-7812
FAX:
E-mail: Healy.Richard@epa.gov
Maria Hendriksson
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 361 OA)
Washington, DC 20460
Phone: (202)564-1897
FAX:
E-mail: Hendriksson.Marla@epa.gov
Theodore Johnson
Office of Water
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 4301)
Washington, DC 20460
Phone: (202)260-8142
FAX:
E-mail: Johnson.Theordore@epa.gov
Marva King
Senior Program Analyst
NEJAC Program Manager
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Washington, DC 20460
Phone: (202) 5664-2599
FAX:
E-mail: King.Marva@epa.gov
Charles Lee
DFO, NEJAC
Associate Director for Policy and Interagency
Liaison
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Washington, DC 20460
Phone: (202) 564-2597
FAX:
E-mail: King.Marva@epa.gov
Mike Letoumeau
Office of Civil Rights and Environmental Justice
Region 10
U.S. Environmental Protection Agency
1200 Sixth Avenue, M/S: CEJ163
Seattle, WA 98101
Phone: (206)553-1687
FAX: (206)553-7176
E-mail: Letoumeau.Mike@epa.gov
Roseanne Lorenzana
Region 10
U.S. Environmental Protection Agency
1200 Sixth Avenue
Seattle, WA 98101
Phone: (206) 553-8002
FAX:
E-mail: Lorenzana.Roseanne@epa.gov
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NEJAC Fish Consumption Workgroup
List of Members
Page 4
Suzanne McMaster
Office of Research and Development
U.S. Environmental Protection Agency
Mai)room-MD-58C
Research Triangle Park, NC 27711
Phone: (919)966-6385
FAX:
E-mail: McMaster.Suzanne@epa.gov
Reggie Parrish
EPA Anacostia Liaison
Chesapeake Bay Program Office
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 4505F)
Washington DC 20460
Phone: (202) 260-6095
FAX: (202)401-5341
E-mail: parrish.reginald@epa.gov
Dan Petersen
Facilities- G75
U.S. Environmental Protection Agency
26 West Martin Luther King Drive
Cincinnati, OH 45268
Phone: (513)569-7831
FAX:
E-mail: Petersen.Dan@epa.gov
Michael Regan
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 6103A)
Washington, DC 20460
Phone: (202)564-9213
FAX:
E-mail: Regan.Michael@epa.gov
Bob Smith
Alternate DFO, Indigenous Peoples Subcommittee
American Indian Environmental Office
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 4104)
Washington, DC 20460
Phone: (202) 260-8202
FAX: (202) 260-7509
E-mail: smith.bob-nmi@epa.gov
Jamie Song
ECO Intern
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 2201 A)
Washington, DC 20460
Phone: (202) 564-2636
FAX:
E-mail: song.jamie@epa.gov
Brenda Washington
Co-DFO, Health and Research Subcommittee
Office of Research and Development
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 8104R)
Washington, DC 20460
Phone: (202) 564-6781
FAX:
E-mail: Washington.Brenda@epa.gov
Claudia Walters
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 8104R)
Washington, DC 20460
Phone: (202) 564-6762
FAX:
E-mail: Walters.Claudia@epa.gov
Corinne Wellish
U.S. Environmental Protection Agency
Headquarters- 4102
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Washington, DC 20460
Phone: (202) 260-0740
FAX:
E-mail: Wellish.Corinne@epa.gov
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Air and Water
Subcommittee
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
AIR AND WATER SUBCOMMrTTEE
Agenda
9:00 a.m. Welcome
Opening remarks:
- Annabelle Jaramillo, Chair, Air and Water Subcommittee
Introductions
Subcommittee Charge
9:15 a.m. Implication of the NEJAC Strategic Plan and its Effect on Subcommittee Work
10:00 a.m. BREAK
10:10 a.m. Work-Groups Breakout
Pemits - Eileen Gauna, Chair, Permits Work Group
Fish Consumption - Leonard Robinson, Chair, Fish Consumption Work Group
Public Utilities - Dan Greenbaum, Chair, Public Utilities Work Group
Urban Air Toxics - Damon Whitehead, Chair, Urban Air Toxics Work Group
11:30 a.m. LUNCH
12:30 p.m. Work-Groups Breakouts (Continued)
1:45 p.m. Subcommittee Reconvenes
Work Groups Report Out
3:00 p.m. The Subcommittee's Role in 2002 NEJAC Focus Meeting on Pollution Prevention
- Charles Lee
4:00 p.m. Subcommittee Planning Session
Organizing Work for Incoming Year
Old Business Items
5:00 p.m.
Subcommittee Adjourns
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
AIR AND WATER SUBCOMMITTEE
DESIGNATED FEDERAL OFFICERS
Alice Walker (co-DFO)
Office of Water
U.S. Environmental Protection Agency
401 M Street, SW (MC4102)
Washington, DC 20460
Phone: (202)260-1919
FAX: (202) 269-3597
E-mail: walker.alice@epa.gov
Wil Wilson (co-DFO)
Office of Air and Radiation
U.S. Environmental Protection Agency
1200 Pennsylvania Ave. NW
Washington DC 20460
Phone:
FAX: (202) 564-1557
E-mail: wilson.wil@epa.gov
Elaine Barron -1 year (CG)
Paso del Norte Air Quality Task Force
1717 Brown Building IA
El Paso, TX 79936
Phone: (915)533-3566
FAX: (915)533-6102
E-mail: embarronmd@usa.net
Daisy Carter -1 year (CG)
Project Awake
Route 2, Box 282
Coatopa, Alabama 35470
Phone: (205) 652-6823
FAX: (205) 652-6823
E-mail:
Michel Gelobter-1 year (NG)
Executive Director
Redefining Progress
1904 Franklin Street
Oakland, CA 94612
Phone: (510)444-3041
FAX: (209) 927-4574
E-mail: gelobter@rprogress.org
Daniel S. Greenbaum -1 year (NG)
Health Effects Institute
955 Massachusetts Avenue
Cambridge, MA 02139
Phone: (617) 876-6700, ext. 331
FAX: (617) 876-6709
E-mail: dgreenbaum@healtheffects.org
List of Members
CHAIR
Annabelle Jaramillo -1 year (SL)
Benton County Board of Commissioners
P.O. Box 3020
Corvallis, Oregon 97339
Phone: (541) 766-6800 (Office)
FAX: (541)766-6893
E-mail: annabelle.e.jaramillo@co.benton.or.us
VICE-CHAIR
Eileen Gauna - 3 years (AC)
Southwestern University Law School
675 South Westmoreland Avenue
Los Angeles, California 90005
Phone: (949) 361-2992 (H)
FAX: (949) 361-2911 (H) (213) 383-1688 (Office)
E-mail: egauna@swlaw.edu
Other Members
Leonard Robinson -1 year (IN)
TAMCO
12459 Arrow Highway, P.O. Box 325
Rancho Cucamonga, CA 91739
Phone: (909) 899-0631, ext. 203
FAX: (909)899-1910
E-mail: RobinsonL@tamcosteel.com
Wilma Subra - 3 years (NG)
Louisiana Environmental Action Network
Subra Company Inc.
P.O. Box 9813
3814 Old Jeanerette Road
New Iberia, LA 70562
Phone: (318)367-2216
FAX: (318)367-2217
E-mail:
Marianne Yamaguchi -1 year (SL)
Santa Monica Bay Restoration Project
320 West 4th Street, Suite 200
Los Angeles, CA 90013
Phone: (213)576-6614
FAX: (213)576-6646
E-mail: myamaguc@rb4.swrcb.ca.gov
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
AIR AND WATER SUBCOMMITTEE
Synopsis of Accomplishments 2000-2001
AIR ISSUES
The Subcommittee requested and subsequently received subject matter briefings from EPA managers who
provided information and directional discussions on a number of program areas.
Rob Brenner, Principal Deputy Assistant Administrator for the Office of Air and Radiation (OAR),
stressed OAR's continuing commitment to ongoing environmental justice initiatives. He reaffirmed
plans to continue the initiatives outlined in OAR's seven (7) year- old strategic plan of action which
institutionalizes environmental justice in all of OAR's programs and policies. Both Mr. Brenner and
Mr. William Harnett, Director, Information Transfer and Program Integration Division, Office of Air
Quality Planning and Standards, discussed specific directional issues and priorities relative to
permitting, urban air toxics and public utilities in the context of a changed administration.
URBAN AIR INITIATIVES
The Subcommittee heard presentations and provided comments on ongoing urban air initiatives around the
country.
Tier 2/Gasoline Rule. The Subcommittee was given an informational briefing by the Office of Air
and Radiation on the Tier 2/Gasoline sulfur rule. The Office of Air and Radiation requested the
subcommittee's assistance in determining how the agency or a refinery which is mandated to
comply with the Tier 2 rule can eliminate or mitigate environmental justice concerns.
Subcommittee members requested and were provided information which could be used to assist
them in gaining a better understanding of the rule (e.g., fact sheets, maps with the location of the
refineries being affected by the Tier 2 rule).
Mr. William Harnett provided an update on EPA's Tier 2 strategy and a status report on the 90-day
New Source Review Study. Under the Tier 2 strategy, EPA has begun compiling the locations of
every refinery in the United States and their emissions (including nitrogen and sulfur oxides).
Chebryll Edwards thanked the Subcommittee for their comments which assisted in the May 2001
publication of the brochure entitled "Refineries and Cleaner Fuels: Reducing Sulfur to Improve Air".
PUBLIC UTILITIES/PERMITTING
There was general consensus during Subcommittee conference calls that the public utilities and
permitting Work Groups should combine their efforts. This logistical step was considered an
effective way to maximize available subcommittee member representation on the working groups
and provided an ideal format for addressing two areas (public utilities/permitting) which have
overlapping issues.
Dan Greenbaum, Chair of the Public Utilities Work Group, summarized the issues which were
discussed during the December 2000 NEJAC meeting. He reviewed the current issues
surrounding electric power facilities and environmental justice communities, and noted the need to
identify potential objectives for the Work Group over the coming year. Specifically, he reviewed the
situation with (1) existing facilities and their impacts on environmental justice communities; (2)
proposed new facilities - both large central facilities and smaller distributed power facilities - and
the potential impact in the communities where they would be sited; and (3) the emerging proposals
for so-called "four-pollutant" bills in Congress which proposes that existing facilities reduce
emissions of S02, N02, Mercury and C02. He noted that several changes in the public policy
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NEJAC Air and Water Subcommittee
Synopsis of Accomplishments 2000-2001
Page 2
landscape, namely, (1) the "energy crisis" in California; and (2) the current Bush Administration
Energy Policy review, have heightened the need for the Public Utilities Work Group to move forward
with its efforts in this area. Based on Work Group discussions, a request for information from EPA
was made. Specifically, the following data was requested:
a) Data on Existing Facilities - where are they? (both generally and specifically to determine
whether they are in or near environmental justice communities); what are their current
emissions?; and what is the status of federal enforcement actions (i.e., for actual vs.
permitted emissions and other factors) for these facilities?
2. Data on the number of new central and distributed power facilities being proposed, and
where specifically they are being proposed? Dan Greenbaum noted that the recent reports
in New York regarding a disproportionate number of these facilities being proposed for
environmental justice communities raises key questions that the group should be
reviewing.
3. A review of the basics surrounding the existing and likely to be proposed "4-pollutant bills".
He noted that this is obviously in flux with the Administration's decision of not supporting
the inclusion of C02 in such a bill, but stated that a summary and review of the existing
bills would still be important. From an environmental justice perspective, it would
particularly useful to identify how each bill is intending to propose trading of emission
reductions while still ensuring that the host communities of these facilities also see
reductions in their local facility.
Dan stated that if the Work Group is provided this data, it could undertake the following tasks:
1. Develop a Guide for Environmental Justice Communities on understanding and dealing
with:
a) existing facilities,
b) methods for community action on conservation and renewables, and
c) proposals for sting of new facilities (this is especially timely in light of the current debate
over expediting review and approval of new facilities to meet growing energy demand).
2. Conduct a review from an environmental justice perspective of the 4-pollutant proposals,
with an eye toward identifying proposals that offer the most promise for ensuring that the
benefits of the bills fully accrue to environmental justice communities without increasing
the burden on some communities.
3. Continue to monitor specific cases such as the Puerto Rico case where NEJAC
resolutions have been passed.
URBAN AIR TOXICS
Peter Murchie from the Policy Planning and Standards Group and Yvonne W. Johnson in the Office
of Air Quality Planning and Standards discussed the Office's national urban air toxics and assessment
efforts. They noted that in response to the recognized need to improve the capacity of state and local
governments and organizations to understand and reduce exposure in urban air, the Environmental
Protection Agency and the Agency for Toxic Substances and Disease Registry of the U.S. Department of
Health and Human Services were sponsoring a Local Air Toxics Assessment and Reduction Training
Workshop on November 13-15 in Detroit, Michigan. This workshop was designed to bring together
community organizations, academic institutions, and local, state and federal governments working on local
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NEJAC Air and Water Subcommittee
Synopsis of Accomplishments 2000-2001
Page 3
air toxics to share experiences and learn from each other. The workshop would summarize the best current
knowledge and experience and identify future needs related to:
Building local capacity and establish partnership to address air toxics issues
Identify and collect information on all local sources of air toxics
Measuring and estimate air toxic concentrations from combined sources
Analyzing information to identify hot spots and set priorities to address air toxics
Designing programs and take action to reduce emissions and risks from air toxics
FISH CONSUMPTION WORKGROUP
NEJAC Fish Consumption Workgroup Draft Report
The Air and Water Subcommittee's Fish Consumption Workgroup laid the initial framework a focused, and
issue oriented public NEJAC meeting scheduled for December 2001. The Air and Water Fish Consumption
Workgroup was joined with members from the Indigenous Peoples Subcommittee, a diverse group of
stakeholders, and technical experts from the Office of Water, the Office of Air and Radiation and the Office
of Research and Development to form the NEJAC Fish Consumption Workgroup. This Workgroup
participated in a process that identified and formulated a Draft Fish Consumption Report consisting of
overarching policy questions, and recommendations around the relationship between water quality, fish
consumption and environmental justice. Input from a wide range of stakeholders including impacted
communities helped balance out the contents of the draft report. The NEJAC Fish Consumption Workgroup
concentrated its work on:
1. Research Methods and Risk Assessment Approaches
2. Fish Consumption Advisories and Risk Communications
3. Utilization of statutory authorities and implementing regulations designed to protect the
health and safety of all people including minority, low-income and tribal communities.
4. American Indian Tribes and Alaskan Native Villages
The Draft Fish Consumption Report and set of recommendations will serve as a vehicle to engage the
NEJAC Executive Council in a deliberative dialogue. Members of the NEJAC Fish Consumption Workgroup
will present the issue paper to the NEJAC during the December 2001 meeting in Seattle, WA. This dialogue
will provide a means to obtain and incorporate the perspectives of NEJAC into the issue focused issue
paper and recommendations. This process will serve as a model over the coming years to develop cogent,
relevant, timely and independent advice and recommendations to EPA.
NATIONAL RISK COMMUNICATIONS CONFERENCE
The EPA Office of Water and the Minnesota Department of Health convened a National Risk
Communications Conference in May 2001. Approximately 400 community activists, State and Tribal
representatives and EPA staff from across the United States shared information on risk communications
methods that are effective for populations exposed to and susceptible to chemical contaminants in fish,
especially those who may have difficulty receiving, understanding, or accepting risk information. Several
members of the NEJAC Fish Consumption Workgroup attended, were speakers, and served on the
Conference Steering Committee. To ensure a diverse audience, the Conference Steering requested help
from the NEJAC Fish Consumption Workgroup provided the Conference Steering Committee with the
names and address of more than 1,200 community groups and environmental justice organizations to
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NEJAC Air and Water Subcommittee
Synopsis of Accomplishments 2000-2001
Page 4
ensure a broad range of participants.
Review of Volume 4: Risk Communications of the Agency's Guidance for Assessing Chemical
Contaminants Data for Use in Fish Advisories.
The Office of Water has requested the NEJAC Fish Consumption Workgroup's advice and assistance in
improving communications tools for at risk populations. The tools are needed not just for contaminated fish
problems, but also for a portion of small drinking water systems and private wells. Office of Water staff are
prepared to work cooperatively with the Office of Environmental Justice and the NEJAC to develop effective
communication strategies and tools for at-risk and hard to reach population. The first priority is a critical
review and comments on an updated version of the Risk Communication Guidance document referred to
above, as well as related outreach materials. The work to revise this document has just begun so
establishing NEJAC as a reviewer would be very timely. The NEJAC Fish Consumption Workgroup is
currently reviewing the document. Briefings on the document and a discussion on expectations are planned
for the December 2001 NEJAC Air and Water Subcommittee meeting.
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Enforcement
Subcommittee
-------
Enforcement
Subcommittee Agenda
Not Available at
Time of Printing
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
ENFORCEMENT SUBCOMMITTEE
List of Members
DESIGNATED FEDERAL OFFICER
Shirley Pate
Office of Enforcement and Compliance Assurance
(OECA)
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (2201 A)
Washington, DC 20460
Phone: (202) 564-2607
FAX: (202)501-0284
E-mail: pate.shiriey@epa.gov
CHAIR
Savonala Home -1 year (NG) *
Land Loss Prevention Project
206 North Dillard Street
Durham, NC 27701
Phone: (919)682-5969
FAX: (919)688-5596
E-mail: savillpp@mindspring.com
VICE CHAIR
Robert Kuehn - 3 years (AC)
Professor of Law & Director of Clinical Programs
University of Alabama School of Law
P.O. Box 870382
Tuscaloosa, AL 35487-0382
Phone: (205)348-0316
FAX: (205)348-1142
E-mail: rkuehn@law.ua.edu
Other Members
Rita Harris -1 year (NG)
Sierra Club
1373 South Avenue
Memphis, TN 38106
Phone: (901)324-7757
FAX: (901)948-6002
E-mail: PEETLY@prodigy.net
Zulene Mayfield -1 year (CG)
Chester Residents Concerned for Quality Living
2731 West 3rd Street
Chester, PA 19013
Phone: (610)485-6683
FAX: (610)485-5300
E-mail: crcql1@aol.com
G. William Rice - 3 years (AC)
University of Tulsa
3120 East Fourth Place
Tulsa, Oklahoma 74104
Phone: (918) 631-2456
FAX: (918)631-2194
E-mail: gwrice@utulsa.edu
Howard Shanker- 3 years (IN)
Hagens, Berman & Mitchell, PLLC.
2425 East Camelback Road, Suite 620
Phoenix, AZ 85016
Phone: (602)840-5900
FAX: (602)840-3012
E-mail: howard@hagens-berman.com
Beverly McQueary Smith - 3 years (AC)
Touro College
300 Nassau Road
Huntington, NY 11743
Phone: (Summer) 201/435-2767
Phone: (631) 421-2244, ext. 408
FAX: (631)421-2675
E-mail: beverlys@tourolaw.edu
Kenneth Warren - 3 years (IN) *
Wolf, Block, Schorr and Solis-Cohen LLP
1650 Arch Street, 22nd floor
Philadelphia, PA 19103
Phone: (215)977-2276
FAX: (215)405-3876
E-mail: kwarren@wolfblock.com
Pat K. Wood - 2 years (IN) *
Georgia Pacific Corporation
1120 G Street, NW, 10th Floor
Washington, DC 20005
Phone: (202) 347-4446 (main);
(202) 347-7287 (direct)
FAX: (202) 347-7058
E-mail: pkwood@gapac.com
* = NEJAC Executive Council member
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
ENFORCEMENT SUBCOMMITTEE
Synopsis of Accomplishments and Activities through 2001
The National Environmental Justice Advisory Council (NEJAC) Enforcement Subcommittee was established
to provide independent advice to the NEJAC and through the NEJAC to the Assistant Administrator for
Enforcement and Compliance Assurance (OECA). The Subcommittee is comprised of representatives from
a variety of stakeholder groups including industry, academia, states, non-governmental organizations and
environmental groups. To date, the Subcommittee has held bi-annual formal meetings as well as informal
conference calls to carry out its mission. The meetings focused on subject-matter briefings from OECA
managers; review and comment on crucial OECA planning documents and ongoing OECA activities; and
synthesis, analysis, and recommendations for promoting the integration of environmental justice in OECA
policies, programs and activities.
The Subcommittee's accomplishments come in several forms, both formal and informal. First, the
Subcommittee has formally provided timely advice to the full NEJAC and to the agency by developing key
documents and providing review and comment on agency policies. Second, the Subcommittee has
sponsored key activities such as Enforcement Roundtables that bring together EPA staffers, community
residents, and other stakeholders in for a designed to address community-identified problems and sensitize
and educate EPA staffers on such problems on an informal basis. Third, the Subcommittee has responded
to public comments by providing recommendations to the full NEJAC on issues of national and local
concern. Finally, the Subcommittee has educated itself, the public, and agency staffers by requesting and
receiving a number of subject-matter briefings from EPA managers, providing informal advice to EPA staff in
the course of such briefings. These activities serve to build capacity among subcommittee members, who
in turn, provide sound, informed advice to the agency.
Specific Subcommittee activities include the following:
Developed key documents:
- Issued statement of purpose that enhances the NEJAC purpose statement and incorporates
enforcement-specific concepts and action items. (August 1994)
- Issued workplan for providing recommendations to the Office of Enforcement and Compliance
Assurance (OECA) regarding integration of environmental justice into its programs, policies and
activities. (August 1994)
- Issued initial draft report of the Enforcement Subcommittee providing general recommendations
in four major areas: (1) direct federal enforcement, (2) direct state enforcement,
(3) tribal/indigenous enforcement, (4) community enforcement and (5) workforce diversity.
(December 1994)
- Provided comments on the enforcement and compliance section of the EPA's Draft
Environmental Justice Strategy. (January 1995)
- Issued second draft report of the Enforcement Subcommittee expanding the Initial Draft Report
and providing recommendations including an in-depth analysis of OECA office-specific
enforcement and compliance workplans. (April 1995)
- Issued final draft report of the Enforcement Subcommittee and submitted to the NEJAC.
(November 1995)
- Issued final report, "Achieving Environmental Protection: Compliance, Enforcement and
Environmental Justice" to EPA. (December 1995)
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NEJAC Enforcement Subcommittee Accomplishments
Summary of Accomplishments and Activities through December 2001
Page 2
- Prepared draft memorandum to EPA on "Integrating Environmental Justice into EPA Permitting
Authority." (July 1996)
- Prepared draft comments on the EPA "Interim Guidance on Interim Guidance for Investigating
Title VI Administrative Complaints Challenging Permits." (April 1998) Provided final comments
(May 1998).
- Participated in U.S.-Mexican Border tour and presented letter to the Assistant Administrator for
Enforcement and Compliance to register concern about one of the sites on the tour- Metales y
Derivados (August 1999)
- Developed the NEJAC Enforcement Subcommittee Strategic Plan covering four broad areas of
focus for the Subcommittee (August 1999):
Target EPA enforcement resources on the worst-polluted areas;
Focus on other enforcement options - including state and tribal enforcement and citizen
suits - to ensure that they include environmental justice principles and to increase
resources devoted to enforcing environmental laws;
Ensure that environmental justice principles are made integral to all of EPA's compliance
alternatives - including economic incentives programs, performance partnership
agreements, the XL program and Common Sense Initiative, and similar Agency initiatives;
Continue to insist that the Agency have a real, credible civil rights enforcement policy and
presence, including confronting the Agency with evidence of gaps and flaws in its
implementation of Title VI and pointing out ways to strengthen EPA processes.
- Prepared draft resolutions forwarded to the full NEJAC for vote. These included
recommendations in the following areas:
Establishment of international and indigenous peoples subcommittees of the NEJAC;
Establishment of labor representation on the NEJAC;
Request for Presidential endorsement of Basel Convention authorizing legislation;
Request for EPA action on Title VI of the 1964 Civil Rights Act;
Request that EPA refrain from doing business with contractors engaged in labor disputes;
Request that EPA implement steps to ensure that the Community-University Partnership
(CUP) Grant applicants are valid, equal partnerships between community organizations and
universities;
Request that EPA undertake a comprehensive survey of its existing statutory and
regulatory authority to promote environmental justice under each of the specific
environmental pollution control laws;
Request that EPA focus multi-media monitoring, enforcement and compliance actions on
the 10 most toxic pesticides through targeting production, distribution, training for use,
application, export and disposal;
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NEJAC Enforcement Subcommittee Accomplishments
Summary of Accomplishments and Activities through December 2001
Page 3
Request that EPA enhance enforcement of farm worker protection laws through targeting
and pilot projects;
Request that EPA give due consideration of the effect of its air emissions trading program
on communities of color and low-income, communities;
Request that EPA integrate environmental justice concerns into decision-making about the
Shintech Corporation proposed construction in Convent, Louisiana;
Request that EPA address environmental justice issues in its Supplemental Environmental
Projects (SEP) policy;
Request that EPA prioritize enforcement and compliance targeting for environmental justice
communities;
Request that EPA coordinate the Integrated Data for Enforcement Actions (IDEA) system
with other data bases and prioritize community access and use of these integrated
systems;
Request that EPA amend its Economic Incentive Program regulations to include
environmental justice considerations and requirements;
Request that EPA not recognize variances from Clean Air Act requirements, except for
variances resulting in more stringent levels of control at the facility;
Request that EPA Penalty Policy which requires that penalties should include the
component of economic benefit should be complied with at the national, regional, and state
levels.
Request that EPA focus more resources on addressing and remedying pollution and
environmental justice issues associated with siting and expansion of combined animal
feeding operations (CAFO); and
Request that EPA review and ascertain a host of issues associated with multiple chemical
sensitivity (MCS).
Sponsored key activities:
- Enforcement and Compliance Roundtable held in EPA Region VI in San Antonio, Texas.
Established model for roundtables that features community training on enforcement and
compliance and an environmental justice site tour. (October 1996)
- Initiated briefing on IDEA system by OECA staff and recommended that this and other data
bases be integrated to prioritize community access to and use of these integrated systems.
(May 1996)
- Enforcement and Compliance Roundtable held in EPA Region IV in Durham, North Carolina.
(December 1997)
- Arranged a panel of representatives who had filed Title VI cases complaints to discuss way to
improve the filing process (August 1999)
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NEJAC Enforcement Subcommittee Accomplishments
Summary of Accomplishments and Activities through December 2001
Page 4
Provided review, comment and recommendations on the following materials:
- Enforcement-related recommendations from the "Health Research and Needs to Ensure
Environmental Justice" conference held in February 1994. (August 1994)
- OECA Potential EJ Projects List or matrix of potential projects reflecting plans for activities
from each OECA office. (August 1994)
- OECA "Partners in Protection" draft concept paper on enhancing public participation in
enforcement and compliance assurance activities. (October 1994)
- Office of Air's Economic Incentive Program guidance regarding concerns about air emissions
trading (December 1998 and April 1999)
Provided recommendations to the full NEJAC on community issues raised during public
comment periods. Formed ad hoc workgroups on issues including:
- Nuclear permitting and NEPA - Homer, LA;
- Community involvement in enforcement - San Juan, PR;
- Federal interagency coordination - Carver Terrace, TX;
- International waste trade and EPA PCB rule;
- Pesticides on Native American lands - California Indian Basketweavers TSCA petition;
- Environmental enforcement/transborder issues - New River TSCA petition;
- Illegal waste imports - South Africa provinces; and
- Construction of the Shintech Corporation polyvinyl chloride complex - Convent, LA.
- Provided advice to residents of Greater Southeast, Washington, concerning a variety of
environmental and health problems in their neighborhood
Requested and received subject-matter briefings from EPA managers and provided advice
and recommendations on the following areas:
- OECA organizational structure and workforce diversity activities presented by the Deputy
Director of OECA's Administration and Resources Management Support Staff. (October 1994)
- International and border enforcement activities presented by the Director and staff of OECA's
International Enforcement and Compliance Division. (October 1994)
- OECA matrix of potential projects and presented by the Deputy Assistant Administrator and
the Designated Federal Officer. (August 1994)
- OECA Draft Environmental Justice Workplans presented by OECA managers and staff that
provide project descriptions and goals, time frames and contact persons for each operational
component of OECA. (January 1995)
- OECA Office of Compliance (OC) environmental justice activities presented by the OC Office
Director. This included information on compliance assistance centers, data management, and
the environmental leadership program (ELP). (December 1995)
- OECA Policy on Supplemental Environmental Projects (SEPs) presented by management from
the Office of Regulatory Enforcement (ORE). (December 1995)
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NEJAC Enforcement Subcommittee Accomplishments
Summary of Accomplishments and Activities through December 2001
Page 5
- Office of Pesticides, Prevention, and Toxic Substances (OPPTS) information tools to support
environmental justice including information on the Toxics Release Inventory (TRI) and the
Geographic Information System (GIS). (December 1995)
- Office of Solid Waste and Emergency Response (OSWER) and OECA overview of Superfund
Administrative Reforms presented by managers from the Office of Emergency and Remedial
Response (OERR) and Office of Site Remediation Enforcement (OSRE). Areas of reform
included remedy selection, fairness in the enforcement process and public participation.
(December 1995)
- Superfund Reform Guidance presented by the Director, OSRE Policy and Program Evaluation
Division. (May 1996)
- Update on Title VI of the Civil Rights Act of 1964 presented by the Associate Director,
Discrimination Complaints and External Compliance Staff, Office of Civil Rights (OCR).
(May 1996)
- Briefing on enforcement targeting and the Integrated Data for Enforcement Actions (IDEA)
system presented by the Chief of the Targeting and Evaluation Branch in the OECA Office of
Compliance. NEJAC International and Indigenous Peoples Subcommittees were invited to
participate. (May 1996)
- Briefing on the public dialogues on worker protection presented by managers from the OPPTS
Office of Pesticide Programs (OPP). (May 1996)
- Environmental justice activities of OECA's Office of Regulatory Enforcement (ORE) presented
by ORE managers and staff. This included multimedia cases, enforcement policies, worker
protection standards, and SEPs. (September 1996)
- Update on OECA activities in the area of workforce diversity presented by the Administration
and Resources Management Support Staff (ARMSS). (December 1996)
- Overview of state voluntary cleanup programs presented by the Office of Site Remediation
(OSRE) managers and staff. (December 1996)
- Briefing by management and staff of the Federal Facilities Enforcement Office (FFEO) on a
pollution prevention initiative that links federal facilities pollution prevention activities with
environmental justice. (December 1996)
- Information on OECA activities related to the indoor use of methyl parathion presented by the
Director, Pesticides and Toxics Enforcement Division, Office of Regulatory Enforcement.
(May 1997)
- Briefing on Performance Partnership Agreements (PPA) presented by the Special Assistant to
the Deputy Regional Administrator and PPA Coordinator, EPA Region IV. (December 1997)
- Concentrated animal feeding operations enforcement and compliance issues presented by the
Director, Agriculture and Ecosystem Division, Office of Compliance. (December 1997)
- Environmental justice in the Criminal Investigation Division (CID) presented by Special Agent-in-
Charge, EPA, Region III. (December 1997)
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NEJAC Enforcement Subcommittee Accomplishments
Summary of Accomplishments and Activities through December 2001
Page 6
- Presentation and discussion with Acting Deputy Assistant Administrator, Office of Air and
Radiation regarding open-market trading of air emissions credits. (December 1997, June 1998,
and December 1998)
- Federal authorities related to imminent and substantial endangerment issues presented by the
Chief, RCRA Enforcement Division, Office of Regulatory Enforcement. (December 1997)
- Updates on public participation in RCRA programs presented by Office of Site Remediation
management and staff. (December 1997)
- Enforcement Subcommittee priorities discussion with the Assistant Administrator, Office of
Enforcement and Compliance Assurance. (June 1998)
- Demographic and statistical applications in environmental justice matters presented by EPA
headquarters (Office of Pollution Prevention and Toxics) and regional (Office of Criminal
Enforcement Region III) representatives. (June 1998)
- Office of Compliance reports on the Sector Facility Indexing Project, compliance and
enforcement related to lead-based paint, and Small Business Compliance Assistance Centers
Program. (June 1998)
- Office of Regulatory Enforcement and representative of the U.S. Department of Justice
Environmental Division made a presentation on trends in citizen's enforcement suits
(December 1998)
- Office of Policy, Planning and Analysis presentation on oversight of state programs
(December 1998)
- Update on Title VI of the Civil Rights Act of 1964 presented by Director, Office of Civil Rights
(December 1998)
- Office of Air and Radiation meeting of the Clean Air Act Advisory Committee, the NEJAC Air
and Water Subcommittee and representatives from the Enforcement Subcommittee to discuss
the Economic Incentive Program Guidance (April 1999)
- Provided comments to EPA's Office of Civil Rights on draft Title VI Draft Guidances (August
2000)
Created Enforcement Subcommittee Workgroups for in-depth analysis of the environmental
justice issues related to the following activities:
- Worker Protection
- Open Market Trading of Air Emissions Credits
- Permitting Process
- Policy on Supplemental Environmental Projects
- Title VI of the Civil Rights Act of 1964
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NEJAC Enforcement Subcommittee Accomplishments
Summary of Accomplishments and Activities through December 2001
Page 7
- Combined Animal Feeding Operations
- Citizen Suits
In keeping with the purpose statement, the Enforcement Subcommittee has assisted the NEJAC by
drawing on the expertise of its members and other sources to provide advice in the area enforcement and
compliance assurance. Detailed minutes, Subcommittee work products and OECA planning documents
are available from the Designated Federal Officer (DFO), Shirley Pate, Environmental Protection Agency,
Office of Enforcement and Compliance Assurance, 40I M Street, Southwest (Mail code: 2201 A),
Washington, DC 20460. Phone: 202-564-2607, Fax: 202-501-0284, Electronic mail: pate.shirlev@epa.gov.
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Health and Research
Subcommittee
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
HEALTH AND RESEARCH SUBCOMMITTEE
Agenda
9:00 a.m. Subcommittee Convenes
Welcome and Review of the Agenda
- Rose M. Augustine, Chair, Health and Research Subcommittee
- William H. Sanders III, Director, Office of Pollution Prevention and Toxics, U.S.
Environmental Protection Agency (EPA)
- Hal Zenick, Associate Director for Health, National Health and Environmental Effects
Research Laboratory-RTP, U.S. EPA
Meeting Announcements/Logistics
- Brenda E. Washington, Co-Designated Federal Official
9:30 a.m. Discussion on Status of Research: What is it that we know and how do we get a handle on it?
- Hal Zenick, Associate Director for Health, National Health and Environmental Effects
Research Laboratory-RTP, U.S. EPA
- Other Representatives from Federal Government, Industry, and/or Academia
Discussion on Toxic Substances Control Act (TSCA) Section 4: Are there specific holes in
knowledge/information that could be done through TSCA Section 4? What's happening with
HPV Chemical Testing Program and the European policy? Are Water Quality people aware of
new data coming out?
- William H. Sanders III, Director, Office of Pollution Prevention and Toxics, U.S. EPA
- Other Representatives from the EPA Office of Pollution Prevention and Toxics
11:00 a.m. BREAK
11:15 a.m. Continue Discussions on Status of Research and TSCA Section 4
12:00 p.m. LUNCH
1:00 p.m. Status Update on Decision Tree Project
- Marineile Payton, Chair, Department of Public Health, School of Allied Health Sciences,
Jackson State University
1:30 p.m. Subcommittee Working Session
- Status of Research and TSCA Section 4 (Continued)
- Defining goals/objectives and building partnerships: How do we collaboratively work with
EPA to become more involved in data being generated?
- Subcommittee Recommendations and Next Steps
- Subcommittee's Work Plan
3:00 p.m.
3:15 p.m.
05:00 p.m.
BREAK
Subcommittee Working Session Discussion (continued)
Subcommittee Adjourns
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
HEALTH AND RESEARCH SUBCOMMfTTEE
DESIGNATED FEDERAL OFFICERS
Ms. Aretha D. Brockett (co-DFO)
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Phone: (202)260-3810
FAX: (202) 260-0575
E-mail: brockett.aretha@epa.gov
Ms. Brenda E. Washington (co-DFO)
Office of Research and Development
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Phone: (202) 564-6781
FAX: (202)565-2912
E-mail: washington.brenda@epa.gov
List of Members
CHAIR
Ms. Rose Marie Augustine - 1 year (CG)
Tusconans for a Clean Environment
7051 West Bopp Road
Tucson, AZ 85735-8621
Phone: (520)888-8424
FAX: (520) 883-8424
E-mail: raugus1049@aol.com
VICE-CHAIR
Ms. Jane K. Stahl 1 year (SL)
Deputy Commissioner
Connecticut Department of Environmental Protection
79 Elm Street
Hartford, CT 06106
Phone: (860)424-3009
FAX: (860) 424-4054
E-mail: jane.stahl@po.state.ct.us
Other Members
Mr. Lawrence Dark - 1 year (NG)
Columbia Willamette Area Health Education Center
19365 S.W. 65lh Avenue, Suite 204
Tualatin, OR 97062
Phone: (503)281-1657
FAX: (503) 725-2577
E-mail:
Richard Gragg, III - 3 years (AC)
Assistant Professor/Associate Director
Environmental Science Institute
Florida A&M University
Tallahassee, FL 32307-6600
Phone: (850) 599-8549
FAX: (850) 559-2248
E-mail: richard.graggiii@famu.edu
Ms. Pamela Kingfisher- 3 years (T/l)
Indigenous Women's Network
13621 FM 2769
Austin, TX 78726
Phone: (512)401-0090
FAX: (512)258-1858
E-mail: pjkingfisher@yahoo.com
Dr. Philip G. Lewis 1 year (IN)
Rohm and Haas
100 Independence Mall West
Philadelphia, PA 19106-2399
Phone: (215)592-3594
FAX: (215)592-3665
E-mail: Philip_G_Dr_Lewis@rohmhaas.com
Mr. Carlos Porras - 1 year (NG)
Communities for a Better Environment
5610 Pacific Boulevard, Suite 203
Huntington Park, CA 90255
Phone: (323)826-9771 (x109)
FAX: (323) 588-7079
E-mail: lacausala@aol.com
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NEJAC ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
HEALTH AND RESEARCH SUBCOMMITTEE
Synopsis of Accomplishments and Activities for 2001
Summary of Subcommittee's Mission
The NEJAC Health and Research Subcommittee is co-sponsored by the U.S. Environmental Protection
Agency's (EPA) Office of Pollution Prevention and Toxics (OPPT) and EPA's Office of Research and
Development (ORD). The Subcommittee's mission is to provide independent advice to the NEJAC
Executive Council, to EPA in areas related to health and research in such areas that include:
Promoting cooperative and supportive relationships aimed at ensuring environmental justice
in health and research activities;
Evaluating the development of measures, criteria, and participatory methods to improve
environmental regulations and policy responses that protect human health;
Evaluating policy issues, protocols, and procedures (such as the research peer review
process) that can affect human health; and
Advocating community education and training as a means to involve communities in solving
problems with their communities.
Specific Subcommittee Accomplishments/Activities
Developed, provided review, comment and/or recommendations on the following
material(s):
- Environmental Justice and Community-Based Health Model Discussion and
Recommendations Report - To address what EPA could and/or should consider
in addressing health-related issues and as follow-up to the May 2000 meeting, the
Chair and Vice Chair of the Subcommittee served as Chair/Vice Chair on the
NEJAC's Working Group on Health to develop the "Environmental Justice and
Community -Based Health Model Discussion and Recommendations" report. This
report was finalized in February 2001 and provides advice and recommendations
on the following questions: 1) What strategies and areas should be pursued to
achieve more effective, integrated community-based health assessment,
intervention, and prevention efforts?; 2) How should these strategies be developed,
implemented and evaluated so as to ensure substantial participation with:
impacted communities; public health, medical and environmental professionals;
academic institutions; state, tribal and local governments; and the private sector?;
and 3) How can consideration of socioeconomic status and cultural factors: (a)
contribute to health disparities and cumulative and disproportionate environmental
effects; and (b) be incorporated into community health assessments?
Draft Fish Consumption Workgroup Report - At the request of the EPA's Office
of Environmental Justice in April, 2001, the Subcommittee Chair nominated
Pamela Kingfisher to serve on the planning working group for the December 2001
NEJAC Fish Consumption Meeting being held in Seattle, WA. Pam volunteered
and chaired the Chapter One workgroup which developed this section of the draft
report. Chapter One addresses the question: "How should EPA improve its
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NEJAC Health and Research Subcommittee
Synopsis of Accomplishments and Activities
Page 2
research methods, risk assessment, and risk management approaches to
address degradation of aquatic ecosystems and adverse impacts to human health
from consuming or using contaminated fish, aquatic plants, and wildlife or
subsistence, cultural, traditional, and religious activities and purposes?' The
Subcommittee has reviewed and provided substantial comments for this 33-page
chapter on the Workgroup's overarching and focused recommendations-from
looking at subsistence and exposure data in addition to present methods to
outreach: how best to communicate that risk to communities. The Subcommittee
will prepare an addendum to the overall report highlighting issues discussed at
their Subcommittee meeting in December 2001.
- NEJAC Strategic Plan - As a follow-up to the NEJAC Facilitated Dialogue
discussion held in August 2001, the Executive Council is developing an overall
NEJAC Strategic Plan. The Subcommittee's Executive Council members have
been very actively involved in crafting this Plan which will be discussed in detail at
the upcoming December 2001 NEJAC meeting. The Subcommittee is expected to
provide their work plan which has to be approved by the sponsoring EPA program
offices before being incorporated into the overall NEJAC Strategic Plan.
Prepared draft resolutions forwarded to the full NEJAC to vote. These
recommendations included:
- Requested that the EPA Administrator initiate a program to train "middle
management:" staff of Federal agencies on how to incorporate principles of
environmental justice into their day-to-day work. It was also recommended that
this recommendation include a component to allow for "educating" senior executive
service staff, to raise their level of awareness of environmental justice issues.
"Middle management" was defined as those individuals responsible for carrying out
policies and programs that have an effect on communities.
- Requested that the EPA Administrator request that the U.S. Department of Energy
(DOE) volunteer to establish an environmental justice office, as a sign of DOE's
commitment to Executive order 12898 on environmental justice and as a step
toward achieving the intent of the Order.
Requested that the EPA Administrator request documentation on how Federal
agencies can collaborate in providing health-based services to low-income and
minority communities. This documentation should include success stories.
Requested that the Executive Council recommend that Federal agencies establish
collaborative funds to address the health needs of communities. This is especially
important for "earmarked" funds and the lack of flexibility that agencies have in how
funds are spent.
Requested that the Executive Council recommend that the U.S. Department of
Education be added to the Federal Interagency Work Group on Environmental
Justice.
Provided recommendations at the NEJAC Executive Council Facilitated Dialogue
Discussion in August 2001. These recommendations included:
Recommended that the Executive Council establish a new stakeholder group
which would include "youth" to get their perspective on environmental issues since
they are the ones who are usually most affected.
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NEJAC Health and Research Subcommittee
Synopsis of Accomplishments and Activities
Page 3
- Recommended that the Executive Council include as part of the overall new
member orientation a 10-minute FACA video that explains the ins and outs of the
Federal Advisory Committee Act (FACA) and what it means to work under one.
- Recommended that the Executive Council establish and develop a Communication
Plan along with the overall NEJAC Strategic Plan. This plan would include: a) how
we communicate with OEJ and vice versa, b) how we can utilize OEJ to
communicate with other Agency program offices, and c) how EPA and OEJ
communicate with the public.
Recommended to the Council that OEJ be responsible for communicating to the
NEJAC all upcoming Agency rules, regulations and other relevant items. Also,
recommended, as part of the NEJAC's structure, they consider putting together a
planning group who's sole responsibility is to communicate all of the Agency's
rules, regulations, and other relevant items.
List of Monthly/Special Conference Calls:
- February 6, 2001
March 20, 2001
April 3, 2001
May 8, 2001
June 5, 2001
August 14, 2001
September 11, 2001
October 9, 2001
October 23, 2001
November 6, 2001
In keeping with the mission of the NEJAC's charter, the Health and Research Subcommittee has provided
recommendations and advice to the Environmental Protection Agency and the NEJAC on many health-
related issues and look forward to continuing in its effort of "Building Dynamic and Proactive Partnerships to
Eliminate Health Disparities in Environmentally and Economically Distressed Communities". The level of
knowledge and expertise of its members to provide such valuable input is integral to the Subcommittee's
mission. Detailed minutes of the Subcommittee's conference calls are available from the Co-Designated
Federal Officials; Aretha D. Brockett, Office of Pollution Prevention and Toxics (Mail Code: 7401), 1200
Pennsylvania Avenue, N.W., Washington, DC 20460 and/or Brenda Washington, Office of Research and
Development (Mail Code: 8104R), 1200 Pennsylvania Avenue, N.W., Washington, DC 20460. Aretha can
be reached at 202/260-3810 and Brenda can be reached at 202/564-6781.
*(Note: The Health and Research Subcommittee has no current active working groups)
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Indigenous Peoples
Subcommittee
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
INDIGENOUS PEOPLES SUBCOMMITTEE
Agenda
9:00 a.m. Welcome
Invocation
9:15 a.m. Initial Impressions - Overview of Report and Recommendations from Previous Day's
Executive Council Meeting
9:45 a.m. Presentations from Invited Presenters
10:30 a.m. BREAK
10:45 a.m. Presentations from Invited Presenters
12:00 p.m. LUNCH
12:30 p.m. Video: "In the Light of Reverence"
1:30 p.m. Revise and/or Develop New Recommendations and Identify Any IPS Comments to Report
3:45 p.m. BREAK
4:00 p.m. IPS Priorities for 2002
5:00 p.m. Subcommittee Adjourn
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
INDIGENOUS PEOPLES SUBCOMMITTEE
List of Members
DESIGNATED FEDERAL OFFICER
Daniel Gogal
Office of Environmental Justice
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue (MC 2201 A)
Washington, DC 20460
Phone: (202)564-2576
Fax: (202)501-0740
E-Mail: gogal.danny@epamail.epa.gov:
ALTERNATE DESIGNATED FEDERAL OFFICER
Bob Smith
American Indian Environmental Office
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC 4104)
Washington, DC 20460
Phone: (202)260-8202
Fax: (202) 260-7509
E-mail: smith.bob-nmi@epamail.epa.gov:
CHAIR
Jennifer Hill-Kelly - 1 year (Tl)
Oneida Environmental Health & Safety Department
P. O. Box 365
3759 West Mason Street
Oneida, Wl 54155
Phone: (920)497-5812
Fax: (920) 496-7883
E-mail: jhillkel@oneidanation.org:
VICE CHAIR
Jana L. Walker- 2 years (IN)
Attorney at Law
141 Placitas Trails Road
Placitas, NM 87043
Phone: (505)867-0579
Fax: (505) 867-0579
E-mail: ndnlaw@sprintmail.com:
Other Members
Barbara Warner- 3 years (SL)
State of Oklahoma
Oklahoma Indian Affairs Commission
4900 NW 36th Street
Oklahoma City, Oklahoma 73122
Phone: (405)521-3828
Fax: (405) 522-4427
E-mail: bwarner@oklaosf.state.ok.us:
Anna Frazier- 3 years (CG)
DINE' CARE
HCR 63 Box 253
Winslow, A2 86047
Phone: (520)657-3291
Fax: (520)657-3319
E-mail: dinecare@cnetco.com:
Coleen Poler- 3 years (NG)
Mole Lake Sokoagon Defense Committee
RR1 Box 2015
Crandon, Wl 54520
Phone: (715) 365-8995
Fax: (715)365-8977
E-mail: polersdc@newnorth.net:
Moses Squeochs -1 year (Tl)
Confederated Tribes and Bands of Yakama Nation
Yakama Nation Environmental Program
P.O. Box 151, Fort Road
Toppenish, WA 98948
Phone: (509)865-5121 Ext. 659
Fax: (509) 865-5522
E-mail: mose@yakama.com:
Dean B. Suagee - 1 year (AC)
Vermont Law School
First Nations Environmental Law Program
Chelsea Street
South Royalton, VT 05068
Phone: (802) 763-8303 Ext. 2341
Fax: (802) 763-2940
Email: dsuagee@vermontlaw.edu:
Terms of Expiration:
- 1 year =12/31/2001
- 2 years = 12/31/2002
- 3 years = 12/31/2003
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
IN=lndustry NG=Non-governmental Organization SL=State/Local Government TI=Tribal/lndigenous
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
INDIGENOUS PEOPLES SUBCOMMfTTEE
Synopsis of Accomplishments January 2001 through December 2001
Subcommittee Reports Issued to Date:
Strategic Plan
- Indigenous Peoples Subcommittee (IPS) Strategic Plan (July 01- July 03) Final Draft -
October 18, 2001
Fish Consumption and Water Quality
- Assisted in the Development of the First Draft of the NEJAC Fish Consumption and Water
Quality Report - July, 2001
Developed Draft Recommendations on Fish Consumption and Water Quality - October,
2001
How the Subcommittee Accomplishes its Purpose
The IPS of the National Environmental Justice Advisory Council holds regularly scheduled monthly, and at
times bi-weekly, conference calls to conduct its business. The IPS is guided in its work by its strategic
plan which identifies the issues to be addressed and nature of the work to be completed by the IPS over the
next two years. The Subcommittee is currently co-leading a work group to develop a report and a set of
recommendations for the NEJAC on fish consumption and water quality.
The Mission of the Subcommittee is to draw upon the collective experiences, knowledge, and expertise of
the members to facilitate the NEJAC's formulation of recommendations and advice provided to EPA on
environmental justice policy and direction as it affects Indigenous peoples. To achieve its mission, the
Subcommittee aerforms the following functions:
Provides a forum for representatives of Indigenous communities, including grassroots organizations
from w thin those communities, to bring their environmental justice concerns to the attention of the
NEJAC and provide recommendations and advice to the NEJAC to address those concerns.
Provides recommendations and advice to the NEJAC on the development of EPA-backed
legislation, as well as Agency policy, guidance, and protocol, to help achieve environmental justice
for Indigenous peoples.
Provides recommendations and advice to the NEJAC to ensure that environmental justice issues of
concern to Indigenous peoples are addressed by EPA in a manner that fulfills the trust
responsibility, respects tribal sovereignty and the government-to-government relationship, upholds
treaties, and promotes tribal self-determination.
Recognizes that issues facing Indigenous peoples span the spectrum of issues addressed by other
NEJAC subcommittees and interface with those subcommittees to ensure that all subcommittees
address environmental justice issues of concern to Indigenous peoples in an informed manner.
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International
Subcommittee
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
INTERNATIONAL SUBCOMMfTTEE
Agenda
9:00 a.m. Introductions and Welcome
- Alberto Saldamando, Chair, International Subcommittee
- Jerry Clifford, Deputy Assistant Administrator, U.S. Environmental Protection
Agency (EPA),Office of International Activities (OIA)
- Subcommittee Members
9:15 a.m. Recognition of Outgoing Members
9:20 a.m. Theme Discussion: The Relationship Between Water Quality, Fish Consumption
and Environmental Justice
Moderator: Alberto Saldamando, Chair, International Subcommittee
(Several Presenters)
12:00 p.m. LUNCH
1:15 p.m. Update on Work in the Office of International Activities
1:45 p.m. Open Dialogue Between Federal Officials and Subcommittee
2:15 p.m. Dialogue with Thailand Delegation
2:45 p.m. Future Work of the Subcommittee and Planning Session
Organizing Work for Incoming Year
5:00 p.m. Subcommittee Adjourns
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
INTERNATIONAL SUBCOMMITTEE
List of Members
DESIGNATED FEDERAL OFFICER
Wendy Graham
Office of International Activities
U.S. Environmental Protection Agency
401 M Street, SW (2610R)
Washington, DC 20460
Phone: (202) 564-6602
FAX: (202) 565-2408
E-mail: graham.wendy@epamail.epa.gov
CHAIR
Alberto Saldamando (NG)* 1 year
General Counsel
International Indian Treaty Council
2390 Mission Street, Suite # 301
San Francisco, CA 94110
Phone: (415)641-4482
FAX: (415)641-1298
E-mail: saldamondo@hotmail.com
VICE-CHAIR
Tseming Yang (AC)* 2 years
Associate Professor of Law
Vermont Law School
Chelsea Street, Whitcomb House
South Royalton, VT 05068
Phone: (802) 763-8303, Ext. 2344
FAX: (802) 763-2663
E-mail: tyang@vermontlaw.edu
Other Members
Fernando Cuevas (NG)* 1 year
Farm Labor Organizing Committee
326 East Maple Street
Winter Garden, FL 34787
Phone: (407)877-2949
FAX: (407) 877-0031
E-mail: flocfla@aol.com
Larry Charles, Sr. (CG)* 3 years
Executive Director
O.N.E./C.H.A.N.E., Inc.
2065 Main Street
Hartford, CT 06120
Phone: (860)525-0190
FAX: (860) 522-8266
E-mail: lcharles@snet.net
Philip L. Hillman (IN) 3 years
Divisional Vice-President
Health, Safety & Environment
Polaroid Corporation
68 Bird Street, # 17(Home)
Dorchester, MA 02123
Phone: (781)386-0555
FAX: (617)287-2880
E-mail: Hillman@polaroid.com
A. Caroline Hotaling (CG) 1 year
Program Coordinator
Border Ecology Project
P.O. Box 1240
Bisbee, AZ 85603
Phone: (520) 432-7456
FAX: (520) 432-7473
E-mail: bep@priment.com
Cesar Luna, Esq. (EV) 3 years
Director
Border Environmental Justice Campaign
110 West C Street, Suite 812
San Diego, CA 92101
Phone: (619)702-6330
FAX: (619)702-3464
E-mail: jvblaw@adnc.com
Jose Matus (TR) 3 years
Indigenous Alliance Without Borders
P.O. Box 1286
Tucson, AZ 85702
Phone: (520)770-1373
FAX: (520) 770-7455
E-mail: JRMatus@aol.com
(Fed Ex: 631 South 6th Avenue
Tucson, AZ 85701)
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
IN=lndustry NG=Non-governmental Organization SL=State/Local Government TI=Tribal/lndigenous
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NEJAC International Subcommittee
List of Members
Page 2
Dianne Wilkins (SL) 3 years
Oklahoma Dept.of Environmental Quality
Pollution Prevention Program
P.O. Box 1677
Oklahoma City, OK 73101-1677
Phone: (405)702-9128
FAX: (405)702-9101
E-mail: Dianne.Wilkins@deq.state.ok.us
(Fed Ex: 707 North Robinson, 73102-6010)
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
IN=lndustry NG=Non-governmental Organization SL=State/Local Government TI-Tribal/lndigenous
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
INTERNATIONAL SUBCOMMfTTEE
Synopsis of Accomplishments and Activities - 2000-2001
Plan Colombia:
At the December 2000 NEJAC meeting the Council learned of the initiative "Plan Colombia," a
military construction bill which includes an aid package for over one billion dollars for counter-
narcotic operations in Colombia and surrounding countries. Members of the public raised serious
concerns that aerial application of chemical herbicides on illicit drug crops and drifts from those
applications were causing severe and irreversible harm to human health, wildlife, and ecosystem
functions.
After much research and a briefing by EPA on "glyphosate", the active ingredient in the herbicide
spray, the International Subcommittee, through the NEJAC advised the EPA Administrator of the
serious scope of environmental harms and threats to the health and livelihood of the poor and
Indigenous people in Colombia. Since Plan Colombia is a State Department sponsored counter
narcotics effort, EPA notified State of the concerns of NEJAC. On September 24th the State
Department held a conference entitled "Environmental Consequences of the Illicit Narcotics
Industry." Knowing of the concerns of the NEJAC, the State Department invited representatives of
the NEJAC to attend.
In a letter of response to the NEJAC dated October 1, 2001, EPA states that it will continue to
work with the State Department to provide useful information to interested parties including the
NEJAC, to explore concerns raised by the NEJAC and others about pesticide safety and risks to
human health and the environment, and to assist in the development of approaches for improved
monitoring and assessment of the State Department's narcotic crop eradication program.
Futures Forum:
The Vice-Chair of the International Subcommittee participated and offered advice in roundtables
hosted by EPA on international environmental challenges and their impacts on the United States.
These forum addressed the challenges of international cooperation relating to transboundary
pollution, climate change, marine degradation and numerous other complex issues such as
globalization, trade, international finance, economic development and social cohesion.
Farmworker Health:
The international Subcommittee continues to research ways to improve the health of farmworkers.
One of our members, Fernando Cuevas participated in the Stakeholder Workshops of the National
Assessment of the Worker Protection Program sponsored by EPA around the United States and
offered advice based on his personal experiences and everyday interaction with thousands of
farmworkers. Between the testimony received at the Atlanta 2000 NEJAC meeting, and research
by Subcommittee members before and after that meeting, our Vice-Chair Tseming Yang
spearheaded the preparation of a report on Farmworker Health now in its final stages.
Africa:
Acting on several recommendations of the International Subcommittee's Workgroup on South
Africa, Chaired by Dr. Mildred McClain, the following projects are underway:
Internet Access for Chemicals Management:
EPA is working with USAID and UNEP on "Internet Access for Chemicals Management."
This project promotes information exchange and networking on the sound management of
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NEJAC International Subcommittee
Synopsis of Accomplishments and Activities
Page 2
pesticides and other chemicals in Africa by providing computers, Internet access and
training to chemicals management decision-makers and other stakeholders in the region.
The pilot phase in Mali, Nigeria, Cote d'lvoire and Tanzania has been completed and EPA
is expanding to other countries in the region.
iACTT Information on African Climate Technology Transfer:
This project would develop an Africa-specific network of climate related tools and
information for key climate officials in Africa. The network would link a number of user-
friendly climate information sites on an easily accessed and understood website specific to
Africa, and ensure Internet access for key climate officials from Africa. The initial pilot
phase would include network design well as training and Internet access for four key
countries, such as Nigeria, Senegal, South Africa and Uganda.
EDDI - Education for Democracy and Development Initiative:
Environmental Justice and Rick Assessments: This project would focus on educating
African women and girls to use the Internet to find information on how to identify
environmental injustices and present lessons learned on how to deal with them. This
Initiative will also employ a community-based approach such that each activity will provide
communities and all stakeholders with tools and information needed to address
environmental risks. This approach will promote environmental justice by involving
potentially impacted parties into all phases of work, by incorporating community
involvement/outreach, public participation, education and outreach programs designed to
empower communities, and by targeting resources to at-risk communities and areas.
Follow-up with South Africa EJ Delegation:
EPA's Office of International Activities (OIA) continues to be in occasional contact with the South
African delegates who participated in the NEJAC meeting in Atlanta in May, 2000. EPA continues
to offer help in draft funding proposals for cooperative US-South African environmental justice
programs. EJNF has continued direct contact with some of the individuals and organizations they
met while in the U.S.
Thai Delegation and Environmental Justice:
EPA has a strong relationship with its counterparts in Thailand. Currently, EPA is working with
Thailand as they reauthorize its environmental laws, develop an administrative court, decentralize
their authorities, create a process for public participation, and create a new environmental ministry.
After discussions with EPA officials, Thailand has expressed an interest in developing a way to
engage and meet the needs of its economically disadvantaged and its indigenous hill tribes. The
US-Asia Environmental Partnership is sponsoring four Thai delegates to come to the United States
for a study tour and to participate in the NEJAC meeting in Seattle. The delegates will include
representatives from two non-governmental organizations, one environmental law professor, and one
official from the Pollution Control Department. The delegates hope to take what they leam to
address environmental justice issues in new Thai laws and to develop an environmental justice
component in their environmental law degrees programs.
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Puerto Rico
Subcommittee
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
PUERTO RICO SUBCOMNinTEE
List of Members
2001
DESIGNATED FEDERAL OFFICER
Teresita Rodriguez
Caribbean Environmental Protection Division
U. S. Environmental Protection Agency
Centra Europa Building, Suite 417
1492 Ponce DeLeon Avenue, Stop 22
Santurce, PR 00907-4127
Phone: (787) 729-6951 Ext. 266
FAX: (787) 729-6927
E-mail: Rodriguez.Teresita@epa.gov
CHAIR
Graciela Ramirez-Toro, Ph.D - 2 years (AC) *
Interamerican University of Puerto Rico
CECIA - UIPR
Call Box 5100
San German Campus
San German PR 00683
Phone: (787) 264-1912 ext. 7630
FAX: (787) 892-2089
E-mail:
Other Members
Juan C. Gomez-Escarce, Esq. - 1 year (NG)
Puerto Rico Chamber of Commerce
Fiddler, Gonzalez & Rodriguez
P.O. Box 363507
San Juan, PR 00936-3507
Phone: (787)753-3113
FAX: (787)759-3108
E-mail: jgomez@fgrlaw.com
Eugene P. Scott, Esq.- 3 years (SL)
(Pending appointment)
PR Environmental Quality Board
P.O. Box 1148
Santruce, PR 00910
Phone: (787)767-8181
FAX: (787) 754-8294
E-mail:
Efrain Emmanuelli Rivera - 1 year (EV)
Comite Pro-Rescata del Ambiente de Guayannilla
Box 560082
Guayanilla, PR 00656
Phone: (787)835-7010
FAX: (787) 835-0411
E-mail:
Michael Szendry, Ph.D - 2 years (IN)
Bacardi Corporation
P.O. Box 363549
San Juan, PR 00936-3549
Phone: (787)788-1500
FAX: (787) 788-0340
E-mail:
Jose Cruz Rivera - 2 years (CG)
Committee Opposed to the Establishment
of the Afiasco Regional Landfill
P.O. Box 469
Anasco, PR 00610-0469
Phone: (787)249-7150
FAX:
E-mail:
Ingrid Vila (pending appointment) - 3 years (SL)
Governor's Advisor on Environment
La Fortaleza
P.O. Box 902-0082
San Juan, PR 00902-0082
Phone: (787)725-1984
FAX: (787) 724-5743
E-mail:
Rafael Robert, Esq. - 1 year (IN)
Regional Director,
Public Affairs Government Relations
Merck Sharp & Dohme
Plaza Scotia Bank - Suite 502
273 Ponce De Leon Avenue
San Juan, PR 00917-1902
Phone: (787) 756-7544
FAX: (787) 758-3943
E-mail:
** 4 Pending Appointments
(1 AC, 1 EV, 1 CG, 1 SL)
1 year - Term expires -12/31/2001
2 years - Term expires -12/31/2002
3 years - Term expires -12/31/2004
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
lN=lndustry NG=Non-governmental Organization SL=State/Local Government TI=Tribal/lndigenous
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
PUERTO RICO SUBCOMMITTEE
Report of the Subcommittee
The National Environmental Justice Advisory Council (NEJAC) Puerto Rico (PR) Subcommittee held its first
meeting on September 26 and 27, 2000. The meeting was held in Manati, Puerto Rico. First,
Subcommittee members received an orientation regarding the NEJAC, the Federal Advisory Committee Act
(FACA), and other related matters. The PR Subcommittee meeting began at 1:30 PM.
Ms. Jeanne Fox, the U.S. Environmental Protection Agency's (EPA) Region 2 Administrator, welcomed
everyone to the meeting and discussed the history of the events that led up to the formation of this
Subcommittee. She also discussed the status of the pending Clean Water Act Section 301(h) waivers in
Puerto Rico and requested the Subcommittee's advice on Region 2's Environmental Justice (EJ) Interim
Guidance. The Region's EJ Interim Guidance was presented in more detail by Mr. Terry Wesley, Region 2
EJ Coordinator. Ms. Rosa Hilda Ramos explained to the members the importance of the Subcommittee
from a citizen's and NEJAC Executive Council member's perspective. Mr. Carl-Axel Soderberg, Director of
the EPA Caribbean Environmental Protection Division (CEPD), gave an overview of environmental conditions
in Puerto Rico. During the evening, the Subcommittee held a public comment session. Comments were
received from a wide range of issues including, public participation, solid waste, and Vieques. More than
40 people attended the session and 12 people made public comments.
On Wednesday, September 27, 2000, the meeting focused on the Subcommittee's next steps. The
Subcommittee decided to establish four workgroups to work on the following areas: (1) Public Participation,
(2) Water Quality, (3) Solid Waste, and (4) Air Quality and (5) Vieques. In addition, the Subcommittee
agreed to review the EPA Region 2 EJ Interim Guidance and the Strategic Plan, when available. It also
agreed to hold monthly conference calls and to hold a business meeting in November in which EPA would
discuss, in more detail, the EJ Interim Guidance.
The Subcommittee held a working meeting via conference call on October 16, 2000 to further discuss the
formation of workgroups agreed upon during its first meeting. The Subcommittee decided to postpone the
formation of the workgroups and to first focus on reviewing the public participation process. Also, there was
consensus among most of the members that they felt they needed to learn more about environmental
justice.
On November 14, 2000, the Subcommittee held a business meeting as agreed in the September 2000
meeting. Mr. Terry Wesley presented, in detail, the Region's EJ Interim Guidance and Mr. Jose Font,
CEPD's Deputy Director, discussed the environmental justice analyses conducted in the evaluation of the
Aguada and Arecibo National Pollutant Discharge Elimination System (NPDES) permits and 301(h) waivers.
Subcommittee members had ample opportunity to ask questions and discuss their concerns.
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Waste and
Facility Siting
Subcommittee
-------
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
WASTE AND FACILITY SITING SUBCOMMITTEE
Agenda
9:00 a.m. Welcome and Introductions
OSPS welcome, introduction of new DFO - Linda Garczynski
OSWER's new leadership - Mike Shapiro / Marianne Horinko (invited)
Vision, mission, priorities, values, changes, new directions
9:30 a.m. Year in Review - Veronica Eady
Review and group discussion
NEJAC Facilitated Dialogue
NEJAC Strategic Planning
10:15 a.m. BREAK
10:30 a.m. November meeting with OSWER Office Directors - Veronica Eady/Rey Rivera
Review and discussion
12:00 noon LUNCH
1:00 p.m. Presentation - Merv Tano
Work of International Institute for Indigenous Resource Management
on Social Indicators
Workgroups Reports and Updates - Denise Feiber/Michael Taylor/Donna McDaniel
Superfund Workgroup
Brownfields Work Group
Brownfields/Environmental Justice Update - Linda Garczynski
BREAK
Presentation: NIEHS on Worker Training Program - Sharon Beard
Subcommittee New Directions - Veronica Eady
Group Discussion
NEJAC Direction
New Assistant Administrator
New DFO
New Subcommittee members
Recognition - Veronica Eady/Linda Garczinsky
Departing Subcommittee members
Departing DFO Kent Benjamin
Subcommittee Adjourns
1:30 p.m.
2:00 p.m.
2:30 p.m.
2:45 p.m.
3:15 p.m.
4:45 p.m.
5:00 p.m.
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
WASTE AND FACILITY SITING SUBCOMMfTTEE
List of Members
DESIGNATED FEDERAL OFFICER
Reiniero (Rey) Rivera
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency
1200 Pennsylvania Ave. NW (MC5105)
Washington, DC 20460
Phone: (202)260-1910
FAX: (202) 260-6606
E-mail: rivera.reiniero@epa.gov
CHAIR (Acting)
Veronica Eady, Esq. - 2 years (SL)
Executive Office of Environmental Affairs
Commonwealth of Massachusetts
251 Causeway Street, Suite 900
Boston, MA 02114-2136
Phone: (617)626-1053
FAX: (617)626-1181
E-mail: Veronica.Eady@state.ma.us
VICE CHAIR
Position Vacant
Other Members
Denise D. Feiber APR - 1 year (IN)
5434 SW 91st Terrace
Gainesville, FL 32608
Phone: (352) 372-0924
FAX: (352) 333-6622
E-mail: feiberdj@msn.com
Robert L. Harris - 3 years (IN) *
Vice President
Environmental Affairs
Pacific Gas and Electric Company
P. O. Box 770000
San Francisco, CA 94177-0001
Phone: (415)973-3833
FAX: (415)973-1359
E-mail: rlh6@pge.com
Melvin "Kip" Holden - 2 years (SL)
838 North Boulevard
Baton Rouge, LA 70802
Phone: (225) 346-0406, (225) 774-8017
FAX: (225)771-5852
E-mail: Iarep063@legis.state.la.us
Neftali Garcia Martinez - 1 year (EV)
Scientific and Technical Services
RR-2 Buzon
1722 Cupey Alto
San Juan, PR 00926
Phone: (787)292-0620
FAX: (787) 760-0496
E-mail: sctinc@coqui.net
Katharine B. McGloon - 2 years (IN)
American Chemistry Council
1300 Wilson Boulevard
Arlington, VA 22209
Phone: (703)741-5812
FAX: (703)741-6812
E-mail: kate_mcgloon@americanchemistry.com
Donna Gross McDaniel- 2 years (NG)
Laborers-AGC Education and Training Fund
107 Cameron Parke Place
Alexandria, VA 22304
Phone: (703)960-3145
FAX:: (703) 960-3146
E-mail: dmcdaniel@laborers-agc.org
Harold Mitchell - 2 years (CG) *
Director
Re-Genesis, Inc.
101 Anita Drive
Spartanburg, SC 29302
Phone: (864) 542-8420
FAX: (864) 582-0001
E-mail: regenesisinc@hotmail.com
David Moore - 1 year (SL)*
Mayor, City of Beaumont
Office of City Manager
P. O. Box 3827
Beaumont, TX 77704
Phone: (409) 880-3716 (Barbara)
FAX: (409)880-3112
E-mail:
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NEJAC Waste and Facility Siting Subcommittee
List of Members
Page 2
Mary Nelson - 2 years (CG) *
Bethel New Life, Incorporated
4950 West Thomas
Chicago, IL 60651
Phone: (773)473-7870
FAX: (773) 473-7871
E-mail: mnelson367@aol.com
Mervyn Tano -1 year (Tl)
International Institute for Indigenous Resource
Management
444 South Emerson Street
Denver, CO 80209-2216
Phone: (303) 733-0481
FAX: (303) 744-9808
E-mail: mervtano@iiirm.org
Michael Taylor- 1 year (IN)
Vita Nuova
97 Head of Meadow
Newtown, CT 06470
Phone: (203)270-3413
FAX: (203) 270-3422
E-mail: taylorm@pcnet.com
Terms of Expiration:
1 year = 12/31/2001
2 years = 12/31/2002
3 years = 12/31/2003
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group EV=Environmental Group
IN=lndustry NG=Non-governmental Organization SL=State/Local Government TI=Tribat/lndigenous
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
WASTE AND FACILITY SITING SUBCOMMITTEE
Synopsis of Accomplishments 2001
In fiscal 2001, the NEJAC Waste and Facility Siting Subcommittee met via conference call on at least a
monthly basis. The calls were intended to provide a venue for the Subcommittee to conduct its regular
business and to develop a plan for addressing the several topics it had chosen to focus on in this fiscal
year. Those issues included brownfields, Superfund relocation, and land use. Initially, each of these efforts
was represented by a separate work group. It was later decided to consolidate into one work group that
would address the larger issue of land use.
Since the last meeting of the NEJAC Executive Council in December 2000, the Subcommittee made a
great deal of progress on making itself more efficient in pursuing goals around land use. The Subcommittee
found that land use is an over-arching topic that encompasses most of its work. Brownfields, Superfund
sites, and other solid and hazardous waste activities present environmental justice issues in large part
because of their proximity to minority communities and low-income communities.
Under the direction of its Chair, Vernice Miller-Travis, the Subcommittee made progress on redefining its
work to the central land use issue. In the Spring of 2001, the Subcommittee completed a detailed workplan
that would have resulted in the maximum in existing Subcommittee products, while providing direction to
EPA on waste and facility siting decisions through land use control. Critical to this progress was the
understanding and buy-in from senior management within OSWER, including former Assistant
Administrator Timothy Fields, Jr. At the end of the fiscal year, the Subcommittee decided to reassess its
priorities and develop other topics of focus.
Since the transition into the new administration, the recent departure of Ms. Miller-Travis from NEJAC, and
the change in Designated Federal Officer (DFO), the Subcommittee is taking this opportunity to engage
OSWER's new Assistant Administrator and senior managers and to re-examine the direction of the
Subcommittee. Acting as Chair of the Subcommittee is the former Vice-Chair, Veronica Eady. The new
DFO is Reniero (Rey) Rivera who brings the knowledge and experience of nine years of work with EPA
Superfund programs. Additionally, in Fiscal Year 2002, the Subcommittee will see the appointment of new
members, as several Subcommittee members come to the close of their tenure. All of these factors
together, particularly the strengths and backgrounds of the new members, will influence the strategic
planning and new agenda of the Subcommittee.
The Waste and Facility Siting Subcommittee actually welcomes this turning point as an opportunity to take
the Subcommittee in a direction that allows it to continue to produce pivotal documents such as:
A Regulatory Strategy for Siting and Operating Waste Transfer Stations, March 2000
Environmental Justice, Urban Revitalization, and Brownfields: The Search For Authentic
Signs of Hope - A Report on the "Public Dialogues on Urban Revitalization and
Brownfields: Envisioning Healthy and Sustainable Communities," December 1996.
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ti>
Q)
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U.S. ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL JUSTICE POINTS OF CONTACT
October 9, 2001
HEADQUARTERS POINTS OF CONTACT:
NAME
OFFICE No.
FAX No.
NAME
REGIONAL POINTS OF CONTACT:
OFFICE No. FAX No.
Use the following address and the Mail Code (MC) for each
HQ office.
1200 Pennsylvania Avenue NW, Washington, DC 20460
OFFICE OF THE ADMINISTRATOR - MC-1101-A
Marsha Minter (202) 564-6982 (202) 501-1480
USEPA, REGION 2
OFFICE OF ADMINISTRATION AND RESOURCES MANAGEMENTTerry Wesley
USEPA, REGION 1
Kathy Castagna (617)918-1429 (617)918-1029
One Congress Street, 11th Floor
Boston, MA 02203-0001
MC-3102-A
Carolyn Levine
(202) 564-1859 (202) 564-1887
290 Broadway, 26th Floor
New York, NY 10007
(212)637-5027 (212)637-4943
OFFICE OF AIR AND RADIATION - MC-6101-A
Wil Wilson (202)564-1954 (202)564-1549
AMERICAN INDIAN ENVIRONMENTAL OFFICE - MC-4104
Bob Smith (202) 260-8202 (202) 260-7509
OFFICE OF CIVIL RIGHTS - MC-1201-A
Mike Mattheisen (202) 564-7291 (202) 501-1836
USEPA, REGION 3
Reginald Harris (215)814-2988 (215)814-2905
1650 Arch Street (MC-3ECOO)
Philadelphia, PA 19103
USEPA, REGION 4
Cynthia Peurifoy
61 Forsyth Street
Atlanta, GA 30303
(404) 562-9649 (404) 562-9664
USEPA, REGION 5
Karla Owens
OFFICE OF COMMUNICATION, EDUCATION AND MEDIA
RELATIONS - MC-1702-A
Doretta Reaves (202) 564-7829 (202)
77 West Jackson Boulevard (T-16J)
JFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE - Chicago, IL 60604-3507
MC-2201-A
Shirley Pate (202) 564-2607 (202) 501-0284
(312)886-5993 (312)886-2737
OFFICE OF ENVIRONMENTAL INFORMATION MC-2812-AA
Janice Jablonski (202) 564-6663 (202) 501-1627
OFFICE OF ENVIRONMENTAL JUSTICE - MC 2201A
Mustafa Ali (202) 564-2606 (202) 501-0740
OFFICE OF GENERAL COUNSEL - MC-2322-A
JeffKeohane (202)564-5548 (202)564-5541
USEPA, REGION 6
Olivia R. Balandran (214)665-7257 (214)665-6648
Fountain Place, 12th Floor
1445 Ross Avenue (RA-D)
Dallas, TX 75202-2733
USEPA, REGION 7
Althea Moses (913)551-7649 (913)551-7941
901 North 5tth Street (ECORA)
Kansas City, KS 66101
OFFICE OF INTERNATIONAL ACTIVITIES - MC-2610R
Wendy Graham (202) 564-6602 (202) 565-2408
USEPA, REGION 8
Elisabeth Evans (303)312-6053 (303)312-6409
999 18th Street, Suite 500
OFFICE OF POLICY, ECONOMICS AND INNOVATION - MC-1802 Denver, CO 80202-2405
Katherine Dawes (202)260-8394 (202)260-3125
USEPA, REGION 9
OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCBฎ//ard Chin (415) 744-1204 (415) 538-5062
- MC-7405
Elaine Lyon
(202)260-2600 (202)260-1847
OFFICE OF REGIONAL OPERATIONS - MC-1108
Rochele Kadish (202) 564-3106 (202) 501-0062
OFFICE OF RESEARCH AND DEVELOPMENT - MC-8103R
Brenda E. Washington (202)564-6781 (202)565-2912
75 Hawthorne Street
San Francisco, CA 94105
USEPA, REGION 10
Michael Letourneau (206) 553-1687 (206) 553-7176
Victoria Plata (206)553-8580 (206)553-7176
1200 Sixth Avenue (CEJ-163)
Seattle, WA 98101
m
FFICE OF SOLID WASTE AND EMERGENCY RESPONSE ฆ
C-5101
Rey Rivera (202) 260-1910 (202) 260-6606
OFFICE OF WATER - MC-4102
Alice Walker (202) 260-1919 (202) 269-3597
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Handouts:
Virtual Site Tour
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Handouts Not
Available at
Time of Printing
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General Guidelines for
All Public Comment
Sessions
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Guidelines for Public Comment Sessions
The purpose of the public comment sessions is to allow members of the public to have the
opportunity to speak directly to the NEJAC about environmental justice issues as it relates to
the meeting policy issue.
What is the purpose of the NEJAC's public comment session?
There will be one public comment period on Tuesday, December 4, 2001, from 7:00 - 9:00 p.m.
The Federal Advisory Committee Act rules apply during this session. Therefore, the public
has only 5 minutes to speak in front of the NEJAC. There can be no audio-visual use
during the public comment period.
Who can give public comment?
Anyone can give formal public comment, either as an individual or as a representative from a
specific organization. The NEJAC will NOT, however, hear public testimony from members of
the NEJAC Executive Council. Members of the NEJAC may respond briefly to testimony,
primarily for the purposes of clarification.
How is the order of speakers determined?
The following criteria are considered in determining the order of commenters for each public
comment session:
Time of request - Speakers are chosen on a first-come, first-serve basis in most
instances. For example, commenters who pre-register will be chosen to speak before
those who register on the day of the meeting
Affiliation - One representative from an organization versus multiple representatives
from the same organization.
How is the comment process conducted?
The NEJAC takes its responsibility to listen to and learn from the public very seriously, and thus
tries to make the comment process as fair and respectful as possible. However, at the same
time, the public comment period must follow Federal Advisory Committee Act
procedures. For this reason the comment process will be conducted as follows:
At each comment session the Chair of the Council will begin by calling on those who
have signed up in advance to speak.
The Chair of the Council will clearly explain the ground rules for making public comment
at the start of each session.
Comments are limited to no more than five minutes per individual.
It is essential that each commenter concludes with specific advice and/or
recommendations for the NEJAC to consider when deliberating.
Members of the NEJAC will only respond to comments to request clarification or to
reinforce issues raised during the public comment period. Members of the NEJAC will
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limit their responses to under two minutes, in order to assure that the public receives the
maximum amount of time available in which to make comments.
Can I bring issues to the Council if I do not want to speak or cannot attend the meeting?
For those who cannot attend the meetings or do not wish to speak, a written statement can be
submitted to be read for the record during the meeting or added to the record after the meeting.
Are written materials required?
Commenters are requested to bring written materials when speaking to the NEJAC, and are
encouraged to submit any background materials they feel will help the Council better understand
their issues. Please prepare to bring 40 copies of your documents to be distributed to
Council members.
Will there be any feedback or follow-up to my comment after the meeting?
Members of the Council and/or staff from federal agencies may give a response to an issue
raised at the meeting. If the NEJAC deems it appropriate, it may recommend EPA staff who
should be assigned to address or follow-up on issues raised during the comment sessions.
Keep in mind:
The NEJAC enforces strict time constraints upon speaking time to ensure fairness, for
this reason it is recommended that individuals prepare a written statement for the
Council. Written statements can be detailed and lengthy, however public testimony must
be confined within the allotted five minute time frame.
The public comment period is not a question and answer period and will not be
interactive.
It is recommended that commenters prepare testimony in advance in written form, and
then read this testimony during the comment period. 40 copies of testimony should be
provide for the NEJAC.
The Council will not extend the allotted speaking time. Therefore, commenters must
paraphrase lengthy testimonies so that they will fit into the allotted five minute time frame.
Their full written testimony will be incorporated into the transcript of the meeting.
The public comment period is a time for members of the public to make a brief statement
about their issue of concern. The public comment period is not intended to be a forum for
making lengthy presentations about an issue of concern.
What is the protocol for speaking at a subcommittee meeting?
The NEJAC subcommittee meetings are open to the public, but the public can not participate in
the discussions unless they are on the agenda. If you wish to have your issue placed on a
subcommittee's agenda, or to make a presentation, you must contact the Designated Federal
Official (DFO) of the subcommittee
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SAMPLE SPEAKER'S
TEMPLATE
Name of Speaker: Ms. Jane Doe
Name of Organization: ABC Community Organization
Address/Phone/Fax/Email: 1234 Street, Anywhere, USA
Description of Concern:
The ABC river in my community has had fish advisories posted for some time now
because industry has been polluting the river for years. This body of water is critical to my
survival and that of my family. For generations, my family has depended upon the fish in
this river as its primary source of protein. On average, we eat fish from that river about 4 to
5 times a week. We live on the land, and therefore, any contamination to this major part of
our environment has a direct negative impact on my community's quality of life and health.
What is your desired outcome from attending this meeting?
(Try to answer in brief statements.)
My community requests that the NEJAC provide specific advice and recommendations to
the EPA on how to effectively set water quality standards to protect the fish and my family,
who rely on that fish for food. These recommendations can come in the forms of further
technical analysis and remediation of the water quality of the river to the promotion of
innovative public outreach tools.
Do you have recommendations on how your community's problem could be
addressed?
(Try to answer in brief statements.)
One way to address the concerns of my community would be to immediately commence a
workgroup that would develop a plan for working together with the States and Tribes to
enhance and improve the water quality criteria and standards program of the ABC river, or
others like it.
How is your concern directly related to this focused public policy issue meeting?
My community's concern is very relevant to the issue of this meeting. We are a very small
community dependent on the resources that are readily available within our environment.
This meeting is about the relationship between water quality, fish consumption and
environmental justice. We submit that the our concern of the ABC river fits very well with
this topic. Our survival is dependent upon the ultimate health of the ABC river.
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Written Comments
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11292001 <1:1 1AM FROM SW NETWORK FOR EE J 505 242 5S09
P. 3
Southwest Network for Environmental & Economic Justice
P.O. Ba* 7399 Albuquerque, New Mexico 87194 (505)242-0416 FAX (505) 242-5609
NETWORK
For EorironiueaiaJ aod Economic justice
Sttf
Richard Moore,
Executive Director
Rosa Cruz-Samudio
Joaquin Lujan
Bianca Encinias
Roberto Contreras
Alma G. Vizcaino
Adici Vaidya
Coordinating Council
Representatives
Arizona:
Teresa Leal
Nogales
California:
Geri Almanza
San Francisco
Robin Cannon
Los Angeles
New Mexico:
Daniel Fuentes
Sunland Park
Texas:
S as ana Almanza
Austin
Brenda Moore
Dallas
Youth:
Che Lope^
Sun Antonio, TX
Native American
Representatives:
Carltlia Tilousi
Havasupai Tribe
Joie Matus
Yaqui Tribe
Mexico:
Enrique Hcnandez
Coahuila
Jesus Emiliano
Chihuahuj
Carmen Valadez
Baja California
November 1, 2001
The Honorable Christine Todd Whitman
Administrator
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Ave. N.W.
Washington D.C. 20460
Dear Governor/Administrator Todd Whitman,
On behalf of the Southwest Network for Environmental and Economic Justice
(SW Network), this letter is to initiate a dialogue with you concerning the commitment
of the Environmental Protection Agency to environmental justice and its integration
into all programs, policies, and activities of the United States Environmental Protection
Agency. Also on behalf of the Southwest Network, we would like to congratulate you
on your position as the Administrator of the Environmental Protection Agency.
The Southwest Network for Environmental and Economic Justice is a multi-
cultural, multi-national organization comprising over 60 community based, student,
native and labor organizations throughout the Southwest and Western United States
and the Northern border states of Mexico. The SW Network formed to address
environmental degradation and other social, racial and economic injustices that threaten
our communities and workplaces.
It has been well documented that people of color and working class people in the
United States suffer from environmental racism. Children, the elderly, and women
(especially women of color) are the poorest of the poor and are paying the highest price
from pollution with increased health problems and economic devastation. As
Administrator, your role is critical in terms of implementing immediate solutions to
address the adverse health and environmental effects that dis proportionately affect
people of color and the poor of this nation.
In your Memorandum (dated August 9. 2001) you reaffirm the agency's
commitment to environmental justice as well as its pursuance in seeking that all
communities and persons across the nation are guaranteed equal access to the decision-
making process to have a healthy environment in which to live, work and play and for
this we congratulate you. In spite of the progress that has been made and even with the
best of intentions, grassroots communities remain left out at all levels of the discussion,
development, and implementation of policies. The Southwest Network sees the
development of strong grassroots organizations as essential for the inclusion of people
Building Power Without Borders - In the Spirit of Our People
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11-29-2001 4:12AM FROM SW NETWORK FOR EEJ 505 242 5609
P. 4
of color and working class people in the building of a truly democratic process in this
country and throughout the world.
In this regard, we respectfully request a meeting, to take place in the Southwest,
between you and representatives of the SW Network and we invite you to tour our
communities. In taking this initiative, we believe that we speak to concerns that are
shared by millions of people throughout the United States and Northern Mexico. We
look forward to meeting with you. We would greatly appreciate a response from you by
November 29,2001. If you have any questions or concerns please contact Richard
Moore at the SW Network Regional office in Albuquerque, New Mexico at (505) 242-
0416.
Sincerely,
Richard Moore
Executive Director
SW Network
Henry Clark
Co-Chair EPA Accountability Campaign
Richmond, California
Co-Chair EPA Accountability Campaign
Austin, Texas
CC:
Gregg Cook, Regional Administrator, EPA Region 6
Jack McGraw, Acting Regional Administrator, EPA Region 8
Wayne Nastri, Regional Administrator, EPA Region 9
Charles Lee, Associate Director. EPA Office of Environmental Justice
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"Columbia River Water Quality, Contaminated Fish, and Tribal Health"
Barbara Harper, PhD, DABT
Toxicologist, Yakama Nation Fisheries Program1
509-967-5174; bhajpertynwinfo.net
A Written Statement to the NHJAC at the meeting on
"Relationship between water quality, fish consumption and environmental justice."
December 3, 2001, Seattle, WA.
Note: This statement is a revision of a talk recently given at the 8* Annual Joint Conference on Health.
Sponsors: Washington State Public Health Association, WA Department of Health, and Yakima Health
District, Monday, October 8, 2001, Yakima Convention Center, Yakima WA. This and similar talks and
papers were written with Stuart Harris, Confederated Tribes of the Umatilla Indian Reservation; 541/966-
2408; stuartharris@ctuir.com.
Introduction. I am the toxicologist, risk assessor, and environmental health scientist for
the Yakama Nation Fisheries program, with 25 years of professional experience. I am
evaluating the health and cultural consequences of contaminated Columbia River fish.
This talk tries to explain the consequences of fish and water contamination in tribal
communities. It is formatted as lessons for health professionals, regulators, and risk
communicators who need to work in Indian Country, specifically in areas of subsistence
foods contamination, fish advisories, Superfund, and environmental justice.
Background Columbia River Tribes have been in the Columbia Basin for over 10,000
years, and salmon have always been a mainstay of the diet, culture, and religion. It is well
documented that they ate 2-3 pounds of fish per day, predominantly salmon. The
Treaties between tribal and federal governments were intended to ensure that tribal
members could continue to live their cultural lifestyle if they chose to do so, so the
Treaties reserved (or protected) the pre-existing rights of tribal members to fish stemming
from their original ownership and inherent sovereignty. The full exercise of Treaty-
reserved fishing rights would result in eating a traditional amount of fish, or 2-3 pounds
per day. Recent data on fish contamination indicates high levels of a wide variety of
chemicals in fish. If people fully exercised their Treaty rights for very long, it would
probably be lethal. So, we are facing a situation where exercising Treaty rights and
living a spiritual cultural lifestyle are not safe. We call this chemical assimilation. We
are just beginning to develop a response to this information, both in terms of educating
tribal members about health effects, and educating regulators on why revisions to water
quality standards are needed. This is an enormous Environmental Justice issue and, more
importantly, a matter of Treaty rights and federal Trust responsibility.
Lesson 1: Know the technical details of what you are communicating very thoroughly.
Lack of technical understanding can cause misinterpretation or misstatements,
particularly when it implies a degree of safety that really isn't there. Risk assessment is
1 While this text has been circulated among tribal staff, it reflects the views of the author should not be
taken as official tribal policy. The Yakama Nation has received a NEEHS EJ grant to analyze and respond
to the fish contamination; Lynn Hatcher. Principal Investigator
B Harper.
Statement to NEJAC on Water, Fish, and Tribal Health. December 3, 2001
1
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full of vague value words, like threat, harm, safe, danger, etc.. It is easy to misuse words
and convey a technically inaccurate message. For instance, people have a hard time
understanding why fish can be both contaminated and safe to eat, or why a fish advisory
applies to them but not to suburban households.
Lesson 2: We always look for a cumulative and integrated approach, and we always
resist looking at fragments of problems. In the case of fish contamination, we need to
evaluate contaminants from all sources, not just the fish, and we need to evaluate whether
some people are more sensitive to the health effects of contamination. There are existing
health disparities that must be considered. There are a disproportionate number of co-risk
factors that cluster in tribal communities that could affect how they respond to
environmental contaminants. Tribal members not only eat more fish, they may be more
sensitive physiologically, as well. We have a method for evaluating disproportionate
impacts (or an Equity Assessment) that we are offering to explain at some other time.
Lesson 3: We need data about contaminants. But we also need to see action to address
the problem, and we need to see both happening at the same time. We should not have
to impose another restriction (the restriction of fish consumption) on people who already
bear a disproportionate health and cultural burden, no matter how well-meaning an
agency is. Fish advisories are only an unfortunate interim necessity, but do nothing to
address the problem itself, so issuing an advisory without also addressing the root
problem is unsatisfactory. At least two actions are needed from state and federal
agencies: (1) revise the water quality standards to specifically protect tribal members, and
(2) decrease the watershed burden of point source and nonpoint source discharges. The
initiatives on persistent bioaccumulative toxics are a step in the right direction, but we
have children at risk now. Water quality standards need to include Treaty-reserved levels
of fish consumption, and they also need to recognize that drinking water intake is higher
for these active lifestyles. Water is also used for cultural purposes, and must also be
clean enough for these uses as well. A tribal cultural approach to water quality standards
might be based on a broader set of criteria and principles than the federal government
uses, although we don't have time to discuss them here. We offer to make a presentation
on these criteria and metrics to NEJAC and/or EPA at a more convenient time.
What is risk communication in a tribal context? It is not simply a matter of
communicating the same message in a different language, or using tribal images on
pamphlets, or dumbing it down to the point that is condescending or inaccurate. If
anything, the communication with tribes needs to be more sophisticated, even if it is less
numerical. Tribes can't just focus on a number and forget all the cultural, nutritional,
religious, economic and other consequences. In the case of fish contamination, the goal
is not necessarily trying to influence people to reduce a risky behavior like smoking or
eating too much fish. And it is not about balancing risks of contaminants with the
benefits of eating fish. A better goal may be to understand and provide the health care
that will be necessary when people cannot follow a fish advisory. Why is this?
Lesson 4: Know the culture of the affected people. Know their history and the current
adversities that they face. The attempts to annihilate the original indigenous inhabitants
B Harper
Statement to NKJAC on Water, Fish, and Tribal Health. December 3,2001
2
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have not stopped. This history is not just water under the bridge; it is a living history. It
cannot be set aside so we can 'start over' or 'go on from here' with piecemeal actions.
I would advise learning something about wartime psychology, and grief and trauma
counseling. Counseling is provided for victims of Oklahoma City, Columbine, the World
Trade Center, and airplane crashes because society recognizes the intense psychological
consequences of experiencing such an event - shock, denial, anger, grief, depression,
anxiety, post traumatic stress disorder, self-abuse, domestic violence, divorce, suicide,
substance abuse, and on and on. But there are many tribal members who have to cope
with the same thing due to the daily attacks on their rights, health, religion, resources,
bodies, and even lives. PTSD is common, and few people are unaffected, to a greater or
lesser degree. But FEMA and the Red Cross are not there. The rest of the country does
not rally around them, but instead often takes advantage of their vulnerability to get rid of
the "Indian problem." Tribes have little or no mental health counseling, no disaster
relief, or legal help, technical help, insurance, loans, infrastructure, advanced health care,
educational assistance, or even the simple recognition by the American people that there
is a problem at all. The Tribes are not getting billions of dollars of aid, and what little
they have been getting is likely to be reduced even further now. Since September 11, the
American people are saying how stressful it is to live with anxiety and pain and fear and
inner turmoil. But I see the same effects on tribal members who have been living under
duress for generations. They know and have come to expect that the federal government
and their neighbors will continue to break promises and attack every advance they make.
If not physically violent, this attack is waged on legal and political grounds.
Lesson S; Tribes will not say "thanks for telling us that we need to give up another part
of our culture in order to be safe" There are many angry and disenfranchised people
who do not regard fish contamination as a necessary part of progress or global economic
expansion or industrial agribusiness. They do not think they should give up more of their
religion so someone else can make a buck. They resent risk communicators who try to
explain why white male politicians say that some amount of contamination and risk is
economically necessary and medically tolerable for indigenous people. These false
"facts" were determined without the Tribal peoples' knowledge, input, or consent. I have
talked to Tribal members who regard contamination as an attack on the food supply in
order to weaken their cultural resolve, which was an official federal policy in the past.
Their food supply has again been poisoned. Contamination can be thought of as a form
of abuse, a chemical violence. Some people believe that the contamination and the
associated government communication is a deliberate strategy where brute force has
failed to exterminate them. Some people believe that risks are deliberately hidden and
they are not being told the truth so that they will eat contaminated fish and poison
themselves. Other people do not believe the information about contamination, and regard
the information itself as propaganda, an attempt to trick them into giving up more of their
culture and religion. Health Departments may say this all of is not in their scope of work,
that it is not under their control, and that they merely want people to be safer while
another agency addresses the root problems. This is why I always ask how the agencies
are working together at the state or federal level, and I seldom get a satisfactory answer.
B Haiper.
Statement to NEJAC on Water, Fish, and Tnba) Health. December 3,2001
3
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Lesson 6: Tribal members will knowingly continue to eat the fish anyway. It is an
inseparable part of who they are, what they do, and how God the Creator told them to
behave. Fishing is not just a social preference or a nutritional choice. When fish are
contaminated, there are many consequences, and they are inter-linked and inseparable.
There are not some 'health* concerns that are isolated from culture and economics and
other consequences. Health is the whole thing, including quality of life, eco-cultural
health, and spiritual health. The river is like a church with all the parishioners inside, or a
spiritual health care facility, and fish are co-participants in the shared history and
ceremonies. This is absolutely required by the Creator.
You might as well tell the Pope to give up the sacrament and baptism because his
wine and holy water are contaminated;
Or tell an Orthodox Jew that following kosher practices is simply an optional
lifestyle choice that might be quaint but is standing in the way of progress;
Or tell a soccer mom to limit driving her children to soccer games and piano
lessons because the tires on her Explorer are unsafe, and her children really don't
need to go to college anyway; a minimum wage job is just fine;
Or telil a health professional to limit her internet access because there are
computer viruses and she doesn't need CME credits or the latest health
information, in order to take a blood pressure or give a vaccination.
Some of these examples are religious and some are secular, but in each case I
made a judgement about the value of each practice, and imposed my values on
them without their consent, and regardless of the cost to them or to their children.
Eating fish is also a form of resistance and defiance. It expresses solidarity ih the face of
federal policies that allowed the contamination to occur. It may also be a demonstration
of spirituality to knowingly ingest contaminants and accept the health consequences in
the course of practicing their religion. A high body burden of persistent bioaccumulative
toxics might be a mark of a spiritual person, or a chemical badge of courage.
We can't talk about how many fish meals are recommended, without considering how
many ceremonial meals are affected, or how the fish are an extension of the human
people. They say "We are the fish and the fish are us." Think about molecules in the
body of a person who has eaten even a few fish from the Columbia River. Some of those
molecules have been in the Columbia Basin for eons, circulating from water to fish to
people to; soil to plants to animals and back to water.2 Those same molecules may have
nourished many generations of human and animal children, in an endless cycle of
sharing. Eating salmon represents ingestion of molecules that have been in human and/or
animal ancestors, a gift from those ancestors and from the fish themselves. A successful
risk communication, program might be a cultural disaster if it works as intended.
Risk/benefit evaluation is also different. We can't just try to balance the benefits of
eating tish with the risk of experiencing an adverse health outcome from contamination.
This is illustrated by the attached figure. It is a bar graph with two bars. The left side
2 For example, at least 20% of the nitrogen and other minerals in the needles of Sitka spruce and other
plants near salmon spawning sites comes from the ocean via salmon carcasses. Science, 294:479 (2001);
Ecology 82:2403 (2001).
B Harper
Statement to NEJAC on Water, Fish, and Tribal Health. December 3,2001
4
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shows a short bar with two segments for suburban situations, one segment for the health
benefits of eating fish and the other for health deficits of contaminants. If the segments
are the same length, the benefits would be cancelled out by the contaminants, or the
adverse impacts of contamination are canceled out by the benefits. Both segments are
short, and are centered around a low rate of fish consumption (17.8 grams per day, or a
half an ounce, or one bite per day, according to EPA data) or no fish consumption at all,
because suburban Anglo communities have a choice of eating a little fish or eating no
fish. The ancient Tribes from the Columbia River Basin do not have that choice. They
ate 2-3 pounds of fish per day, and would still do so if the fish were there. People still try
to catch and eat as much fish as they can, up to several meals and snacks per day of fresh,
frozen, smoked, canned, or dried salmon. It is also well documented that salmon (the
omega fatty acids) protect against diabetes and are good for neurological development
and cardiac function. These benefits have already been placed at risk or lost entirely by
tribes as the salmon runs have been decimated. The mainstay of the diet has been lost,
and the replacement foods are of lower quality. The economic aspects, including
commerce and trade and sharing, have largely been harmed. The ceremonial and
religious practices have been harmed. Treaty rights have been further eroded. Distrust of
federal policies has increased (or remained extremely high). The social and educational
roles of fishing have been harmed. Fishing sites and the place names and local
knowledge for them have been lost. Fishing skills have been lost. The weaning of
infants onto fish, which is or was customary, has been lost. Breast milk is probably also
contaminated. And on top of all that, the few fish that remain are contaminated to such a
degree by dozens of contaminants that the Tribal people and their families and
, communities who eat a lot of fish are probably experiencing health effects.3 If they ate as
much as their Treaty reserves the right for them to catch and eat, it would be lethal;
i
So, providing information about contaminants in fish advisories may be given in the spirit
of trying to help people make healthy choices, but Tribal members may hear just another
chemical attack on Indian people. If biological warfare, soldiers, economic policies,
land theft, boarding schools, missionaries, assimilation policies, and downright attempts
of genocide couldn't exterminate them and their culture, or make them -into Anglo-
Americans, then chemicals and the law may do the job. You have to realize that on top
of all the other attacks or encroachment on their culture and lives, now they, have to listen
to federal and state people tell them that they will be eating unsafe levels of chemical
contaminants. And they will continue eating the fish Furthermore, the way our
American society is structured, Tribal people are the ones who are blamed and maligned
if they continue to live their lives as spiritual people with ancient religious and cultural
practices, once they have been told about the risks. Any consequence after that point in
time is now their own fault. After being told it is their own fault often enough, they come
to believe that they deserve to be poor and sick 1 have personally observed the sense of
resignation and martyrdom and despair, as health professionals or regulators visit and
dump another load of negative information on them and then silently turn away, leaving
them to dry their tears once more and deal with the aftermath however they can.;
3 This statement is supported by the database on fish contaminants in the lower Columbia River developed
by EPA (Region 10) and the Columbia River Intertribal Fish Consortium. For database access contact Pat
Cirone, EPA Region 10. Technical questions about tribal risks may be addressed to Dr. Harper.
B Harper.
Statement to NEJAC on Water, Fish, and Tnbal Health December 3,2001
5
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Figbffe. Yh'fe Ifeft itkritf feffftelasuburb&it baseline fish consumption rate bf 17.5 grams per day. the cardiac benefits of eqting
mbfS'lisft tah've weigneci agamst tne neaitn nsics from any chemical contaminants in the fish. The right hand panel reflects the
traditional subsistence fish consumption baseline rate of 2-3 pounds per day. That ingestion rate, and all the health and cultural
benefits it provided has already been lost, and chemical contaminants merely add another negative health burden in addition to the
health burden posed kjy loss of the traditional healthy diet.
1000
17.5
0
PUFA cardio Benefit
Suburban Baseline
Chemical Risk
pmi
Xff
emr
No ber
Traditional Subsistence Baseline
Health impacts - lost cardio-PUFA
Health - chemical risk
Health - lost diabetes protection
Health - lost neuro. function
Health - nutrition; poor replacement
Cultural - lost ceremonies
Cultural - lost identity, religion
Cultural - l$roken Treaties; Trust
Economic - lost Income & Trade
Social - lost educational opportunity
Magnifiers: inequity, existing deficits,
clusters of co-risk factors.
Statement to NEJAC on Water, Fish, and Tribal Health Decerns
just r impacts
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