Headquarters
              ACTION PLAN TO INTEGRATE




               ENVIRONMENTAL JUSTICE
      Office of Prevention, Pesticides, and Toxic Substances





                        2009 Final

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                          Table of Contents


                                                              Page

I. Approach to Incorporating Environmental Justice (EJ)             2


II. Organization and Management Structure                        2


III.  Key 2009 Focus Areas (Robust,  Results-Oriented Activities)      3

     •  EJ Training Module Description and Matrix
     •  Lead in Paint Activities Description and Matrix

IV.   External Outreach                                           9

V.   2009 EJ Review                                            10


Appendix:  Matrix of Compilation of OPPTS EJ Activities
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OPPTS Environmental Justice Action Plan 2009

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I.  OPPTS Approach to Incorporating Environmental Justice (EJ)

      As  background,  the Office  of  Prevention,  Pesticides, and  Toxic Substances'
(OPPTS) programs  are designed  to  protect  human  health and the environment by
identifying, assessing, and reducing the risks presented by the thousands of chemicals
on which our society and economy have come to depend. These include pesticides
used to meet national and global demands for food and the industrial and commercial
chemicals found  in products and throughout our homes and workplaces. The Office's
core program responsibilities relate to our  EPA Strategic Plan goals to prevent and
reduce pesticide and industrial chemical risks to humans, communities and ecosystems.

      OPPTS will promote and incorporate environmental justice (EJ) principles and
considerations into its core program responsibilities. By integrating EJ into our existing
set of diverse activities to protect human health and the environment, OPPTS will likely
have  a greater  impact in reducing  risk  in  populations  and  communities that are
disproportionately impacted by environmental health threats.

      In general, OPPTS will seek to integrate more  fully  environmental  justice
considerations in its programs, policies, and activities,  help ensure that its decisions do
not adversely affect populations with critical environmental and public health  issues; and
make measurable environmental and  human  health improvements in environmentally
burdened communities.

II. Organizational and Management Structure

      The OPPTS' Environmental Justice Coordinating Council (EJCC) is led by the
Deputy  Assistant Administrator (DAA) and is comprised  of  Deputy  Office Directors,
OPPTS EJ Coordinators and designated staff from  across OPPTS. The group provides
guidance and recommendations to ensure  progress  in  addressing EJ  considerations
and issues in programs and polices,  review proposed policy documents and strategic
plans, and ensure coordination with EPA's Office of Environmental Justice.

      An OPPTS EJ Team consists of a lead OPPTS EJ coordinator, who oversees the
flow of communication about EJ activities across the  Office, and three  designated EJ
coordinators from each  of its program offices (Office of Pesticides Programs, Office of
Prevention, Pollution and Toxics,  and Office of Science Coordination and  Policy). EJ
coordinators  promote  integration  of  EJ into  day-to-day  activities by  providing EJ
guidance, training, and support to managers and staff in their respective offices.

      In addition, as a member of EPA's EJ Executive Committee, OPPTS'  DAA meets
with other DAA's and regional directors on EJ activities and progress.  The  information
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from these meetings is passed on to the EJ Team to ensure that OPPTS' approach to
integrating EJ into policies and programs is consistent with Agency policy and direction.

III.  Key '09 Focus Areas (Robust, Results-Oriented Activities)

      For 2009, OPPTS has selected two focus areas for ensuring integration of EJ,
training for pesticide programs staff and lead in paint activities. Both these areas
involve core OPPTS program activities in which EJ issues and considerations will be
emphasized. The areas also reflect priorities in the EPA Strategic Plan.

A. Incorporation of EJ in Office of Pesticide Programs (OPP) Risk Assessments

      The first step in ensuring EJ incorporation into the OPP risk assessment process
and thought pattern is deploying a newly developed EJ Training Module for OPP risk
assessors. The Office of Pesticide Programs (OPP) has created a new training module
as a part of its regular staff training program to  ensure that EJ and sensitive population
considerations are fully incorporated and more  clearly characterized in the pesticide risk
assessment process. Representatives from all registering and science divisions in OPP
will complete the training assuring widespread attention  to EJ. This training program will
improve how EJ is incorporated by pesticide risk assessors and managers.

      The goal  of the training is to provide the  tools to better identify potential
environmental justice issues. Enhanced risk assessment methodologies will result from
a closer and more focused look at the toxicity and exposure patterns specific to each
pesticide and pesticide use that could present a disproportionate risk.  Areas  now
considered in pesticide risk assessment (hazard assessment, dietary exposure,
occupational and resident exposure, incident data) will be considered through an EJ
lens. Changes to pesticide registration and re-registration decisions may result.

      These activities meet EPA's Strategic Plan Goal 4: Healthy Communities and
Ecosystems, Objective: Protect Human Health from Pesticide Risk.

      This module was born out of previous efforts by an AA-ship level team that
developed OPPTS-wide EJ training. Two pilots of the OPP EJ Training Module took
place in 2007. Training on the EJ in risk assessment module will begin Fall 2008.  Staff
will use knowledge gained in the EJ training to  identify possible EJ concerns and to take
appropriate action. Staff will report EJ actions and considerations to the OPP divisional
EJ coordinator as  a way of tracking progress on applying knowledge acquired from the
training module.

      In addition,  in FY09, OPP will complete development of a risk management
training module  for the consideration of any EJ  issues identified  by the risk


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assessments. This will complement the risk assessment training that filters our risk
assessment process through an EJ lens.

      As background, OPP develops and implements EPA's pesticide regulations.
Under the Food Quality Protection Act of 1996, EPA must determine that a pesticide
poses a "reasonable certainty of no harm" before it can register a pesticide for use on
food or animal feed.  EPA must also weigh whether sensitive subpopulations, such as
children or the economically disadvantaged, face increased susceptibility from exposure
to the pesticide.

      In FY09, Office of Prevention, Pollution and Toxics (OPPT) will  begin to evaluate
options for consideration of EJ in its  risk assessments.  Because OPPT assessments
often do not have the demographic exposure data that is available for  pesticide
assessments  it isn't possible to simply adopt the OPP assessment framework for EJ to
OPPT.  Despite these limitations OPPT will work in FY09 to evaluate options for an
approach to giving express consideration to disparate impacts in its  risk assessments.
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OPPTS Environmental Justice Action Plan 2009

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                         Performance Measures Matrix
                            OPP EJ Training Module
Applicable Outcome Measure
Activities

OPP Office-wide
Environmental
Justice Training
Module
(beginning in
2008)





























Output

Training model
developed to
ensure EJ
incorporation
into the OPP
risk assessment
process and
thought pattern,
coordinated
through OPP's
HED Risk
Assessment
Training
program
























Short-term
(awareness)
Staff will be
equipped with
the knowledge
and tools
needed to
identify
potential EJ
concerns
throughout the
risk assessment
process.


























Intermediate
(behavior)
10% of OPP pesticide
assessments will
include EJ
considerations.
For example, areas
considered in risk
assessment will be
filtered through an "EJ
lens" (hazard
assessment, dietary
exposure, occupational
and residential
exposure, incident data)
Staff will use
knowledge gained in
the EJ training to
identify possible EJ
concerns and take
appropriate action.
Staff will report EJ
actions and
considerations to the
OPP divisional EJ
coordinator.














Long-term
(condition)
100% of Human
Health risk (HED)
assessments will be
filtered thru an EJ
lens. Risk managers
will further integrate
EJ by ensuring that
100% of the risk
assessments with
identifiable EJ
concerns are
thoroughly
investigated and
findings are
considered in the
risk management
decision. Integrating
EJ into EPA's risk
assess-ments will
lead to great
environ-mental and

public health
benefits by:
- risk reduction, staff
identifying an EJ
concern earlier in
the process, leaving
time for additional
research, data
request, modeling
etc.;
-clear
characterization of
EJ and sensitive
subpopulations of
concern in the
program's risk
assess-ments;
Point of
Contact(s)
LaShonia
Richardson
richardsoalas
honia(@,epa.g
ov





























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B. Lead in Paint Activities

      The Office of Prevention, Pollution and Toxics (OPPT) is targeting environmental
justice and sensitive populations in its lead in paint activities, including (1) grants
programs, (2) the Lead-Based Paint Renovation, Repair, and Painting Program, and (3)
outreach.  Lead is a toxic metal that may cause a range of health effects, from
behavioral problems and learning disabilities, to seizures and death. Children six years
old and  under are most at risk, because their bodies are growing quickly. Exposure to
lead usually occurs due to the presence of deteriorating lead-based paint, lead
contaminated dust, and lead-contaminated residential soil.

      These activities meet EPA's Strategic Plan Goal 4: Healthy Communities and
Ecosystems, Objective:  Reduction in elevated blood-lead levels

      OPPT initiated three grant programs aimed at promoting efforts to prevent or
reduce childhood lead poisoning in low-income communities with older housing. The
Tribal Lead Grant Program is exclusively for federally-recognized tribes and supports
tribes in their effort to conduct educational outreach, data gathering,  inspections, risk
assessments, training and development of new and innovative approaches to identifying
or reducing lead poisoning. The second program, the National Community-Based Lead
Outreach and Training Grant Program, enables communities to educate those at risk,
provide  lead-awareness training, and develop local ordinances aimed at lead
prevention. The grant program supports the partnership of national organizations with
community-based organizations and local  government to improve the environmental
health of a community regarding lead poisoning prevention.  Grant recipients range from
city health departments to universities,  community organizations, religious groups, and
other non-profit organizations. The third program, the Targeted Lead Grant Program,
funds projects in areas with high incidences of children with  elevated blood-lead levels
in vulnerable populations. These grants are intended to address the immediate needs  of
the communities in which they are awarded, and also highlight lead poisoning
prevention strategies that can be used  in similar communities across the country.

      To further protect children from exposure to lead-based paint, EPA issued new
rules for contractors who renovate or repair housing,  child-care facilities or schools built
before 1978. Under  the new rules, workers must follow lead-safe work practice
standards to reduce potential exposure to  dangerous levels  of lead during renovation
and repair activities. The "Lead: Renovation, Repair and Painting Program"  rule, which
will take effect in April 2010, prohibits work practices creating lead hazards.
Requirements under the rule include implementing lead-safe work practices and
certification and training for paid contractors and maintenance professionals  working in
pre-1978 housing, child-care facilities and  schools.
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      To foster adoption of the new measures, EPA will also conduct an extensive
education and outreach campaign to promote awareness of these new requirements.
The rule covers all rental housing and non-rental  homes where children under six and
pregnant mothers reside. The new requirements  apply to renovation, repair or painting
activities where more than six square feet of lead-based paint is disturbed in a room or
where 20 square feet of lead-based paint is disturbed on the exterior. The affected
contractors include builders, painters, plumbers and electricians. Trained contractors
must post warning signs, restrict occupants from  work areas,  contain work areas to
prevent dust and debris from spreading, conduct  a thorough cleanup, and verify that
cleanup was effective. In general, the program will engage environmental justice
communities, in particular, to ensure we build a cadre of and demand for trained
renovators in the neediest communities.
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                                                    Performance Measures Matrix
                                                    OPPT Lead in Paint Activities
   Activities
         Output
                       Applicable Outcome Measure
                                                   Short Term
                                                              Intermediate
                                                            Long Term
                                                    Point of Contact
 OPPT will
 work with and
 fund projects
 in States,
 localities,
 Territories,
 Tribes, and
 environmental
 justice
 communities,
 and others to
 reduce the risk
 of exposure to
 lead.
Tribal Baseline Assessment
and Outreach for Lead -
Work in collaboration with
Tribes so that they collect
lead exposure data and
educate parents on lead
poisoning.
Increase understanding of
lead poisoning problem, if
exists, through baseline and
general education on potential
hazards and best practices.
Increase through proposals
development and awards. In
2007, 40 proposals were
received and 15 were
awarded. In early 2008, 15
proposals were received and
are currently being evaluated.
Appropriate maintenance,
removal and clean-up of
lead paint sources by Tribal
parents and communities.
Testing of children for lead
poisoning.
Reduction/elimination
of the number of cases
of children with
elevated blood lead
levels.
Name/Org: Darlene
Watford     Tel: 202-
566-0516  E-mail:
watford.darlene@epa.gov
                 National Community-Based
                 Lead Outreach and Training
                 Grant Program - low-
                 income communities with
                 older housing partner with
                 national organizations to
                 provide lead education and
                 training.
                            In 2007, 80 proposals were
                           received and 15 were
                           awarded. In early 2008, 57
                           proposals were received and
                           are currently being processed.

                           '09 Measure: 21of outreach
                           partnerships addressing lead-
                           based paint hazards and
                           exposure reduction.	
                            Demand created for lead-
                            safe work practices to be
                            performed by workers in the
                            community.
                           Increase in the number
                           of children living in
                           lead-safe housing.
                      Name/Org: Darlene
                      Watford     Tel: 202-
                      566-0516  E-mail:
                      watford.darlene@epa.gov
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OPPTS Environmental Justice Action Plan 2009

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   Activities
         Output
                       Applicable Outcome Measure
                                                     Short Term
                                                                Intermediate
                                                              Long Term
                                                      Point of Contact
                 Targeted Grants to Reduce
                 Childhood Lead Poisoning.
                 The grants were available to
                 a wide range of applicants,
                 including state and local
                 governments, Federally-
                 recognized Indian Tribes
                 and tribal consortia,
                 territories, institutions of
                 higher learning, and
                 nonprofit organizations for
                 the purposes of identifying
                 and reducing lead poisoning
                 in especially vulnerable
                 populations.	
                            In early 2007, 211 proposals
                            were received and 58 were
                            awarded, totaling over $5
                            million. This process had
                            focused communities on the
                            need to build partnerships to
                            prevent lead poisoning.
                             Grants will fund monitoring
                             programs, public education,
                             and grass-roots training
                             efforts so that both public
                             and governmental behavior
                             will change to address
                             ongoing lead contamination
                             and exposure.
                            Reduction/elimination
                            of the number of cases
                            of children with
                            elevated blood lead
                            levels.
                       Name/Org: Doreen
                       Cantor Paster  Tel: 202-
                       566-0486  E-mail:
                       cantor.doreen@epa.gov
 Renovation,
 Repair, and
 Paint Rule
Delegable program which
requires training,
certification, and work
practice standards for
renovation contractors.  The
program applies in target
housing and child occupied
facilities, and is designed to
prevent the introduction of
lead hazards resulting from
renovation.
The rule is not fully effective
until April 2010. In the near
term, prior to full
implementation, EPA will be
conducting an extensive
outreach campaign to
consumers and contractors to
increase awareness of the
hazards of renovation and of
the upcoming requirements.
In addition, EPA will
encourage and work with
States and Tribes seeking
authorization to run their own
renovation programs.	
EPA will begin the process
of accrediting training
providers in April 2009, in
October 2009 the Agency
will begin firm certification,
and in April 2010 the work
practice requirements will
be effective. The Agency
will work to increase
program awareness and
reach out to trainers and
contractors to educate and
encourage participation.
This regulatory
program should lead
to the reduction of
lead hazards following
renovation activities.
Almost 38 million
homes in the United
States contain some
lead-based paint, and
these requirements are
key components of a
comprehensive effort
to eliminate childhood
lead poisoning.
Name/Org: Mike Wilson
(NPCD)   Tel: 202-566-
0521  E-mail:
  ilson. mike @epa. gov
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   Activities
                         Output
                                                   Applicable Outcome Measure
                                                    Short Term
                                                                               Intermediate
                                                                                         Long Term
                                                     Point of Contact
 Renovation,
 Repair, and
 Paint Rule
                1. Train and certify
                individuals to conduct lead-
                based paint activities;
                certify firms conducting
                those activities; and accredit
                training providers.
                            '09 Measure: 2 active
                            training providers accredited
                            by the regions.
Quality and appropriate
work practices followed
when conducting lead-based
paint activities.
Children in all
communities protected
from hazards of
improperly conducted
lead-based paint
activities.
Clarence Lewis (NPCD),
202-566-1243,
lewis.clarence@epa.gov
                                             Increase awareness of owners
                                             and renters of proper
                                             practices when conducting
                                             renovation and repair
                                             projects.
OPPT will
work with
State,
Territories,
Tribes and
environmental
justice
communities to
reduce the risk
of exposure to
lead.
 2. Widely distribute an
educational brochure that
specifically addresses the
potential risks from
renovation, repair, and
painting.
Quality and appropriate
work practices followed
when conducting lead-based
paint activities
Children in all
communities protected
from hazards of
improperly conducted
lead-based paint
activities.
Dave Topping  (NPCD),
topping.dave@epa.gov
Robert Wright  (NPCD),
wright.robert@epa.gov
                                             The publishing of final rule in
                                             FY2008, states, tribes,
                                             contractors, owners and
                                             renters will define set of best
                                             practices for renovation and
                                             repair work involving lead-
                                             based paint activities.
                                                                         Quality and appropriate
                                                                         work practices followed
                                                                         when conducting lead-based
                                                                         paint activities
                                                                                    Children in all
                                                                                    communities protected
                                                                                    from lead hazards of
                                                                                    improperly conducted
                                                                                    renovation, repair &
                                                                                    painting activities.
                                                  Mike  Wilson  (NPCD),
                                                  Wilson, mike @epa. gov
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IV. External Outreach

      OPPTS will  utilize its current communication processes to receive input on EJ
issues from  external  stakeholders. OPPTS  staff  meets  frequently  with  external
stakeholders who may be affected by or who may have a vested interest in the rules
and guidance the Office develops. This interaction with external stakeholders may take
many forms  including meetings, public  hearing or  public listening session,  public
comment period  required for all rulemaking, parent committees and workgroups formed
under the Federal  Advisory Council Act (FACA).  In addition,  OPPTS staff is actively
involved  with  the  National Environmental Justice  Advisory Council  (NEJAC)  and
receives input on OPPTS policies and programs.

      Further, OPPTS will also communicate EJ activities to external stakeholders
through its websites, printed  materials,  brochures,  tool  kits,  and  public broadcast
announcements.   Much of  the  outreach  material, such as  lead  in  paint educational
materials,  has been translated to Spanish and other languages and  is targeted to low-
income  communities.   Recent  Agency-wide  efforts include  the launching of  new
consolidated Web  sites in  Vietnamese and Korean  as  part of its  ongoing  effort to
provide  environmental information in Spanish, Chinese,  Korean  and Vietnamese, in
addition to  English.  These new  sites compile EPA  multilingual  publications  and
materials  in Korean  and Vietnamese on a variety of environmental issues  such as
children's  health,  indoor air quality in nail salons  and  dry  cleaners,  asthma, fish
consumption, proper pesticide usage, among others.

      OPP  instituted the  Committee  to  Advise on  Reassessment and Transition
(CARAT) and the Pesticide Program Dialogue Committee (PPDC) to more effectively
and efficiently gather input from stakeholders.  Both groups include representation from
farm workers advocacy groups,  public health organizations and tribal  governments.
Pesticides issues and decisions  are electronically communicated  to  interested parties
from a  centralized mailing  list,  including those identified  by the  People of Color
Environmental Groups Directory, a compendium  of ethnically diverse groups with an
interest in  the environment and public health.

      In addition to  the  activities listed above, OPPTS works with  a wide variety of
other public national organizations that have extensive regional and local networks and
share mutual  goals  with the program  such  as  the  protection of  public health and
establishment of local efforts to stimulate public action through media and grassroots
efforts.  OPPTS  supports national  organizations with extensive regional and local
networks  to  help  establish local  environmental justice  outreach   programs.  Some
examples  of funded activities include the following:
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      Hispanic Radio Network - Spanish radio spots on pesticide-related issues
      American Association of Poison Control Centers - Encourage parents and care
      givers to keep pesticides and household chemicals  locked away from children.
      Washington, DC Metro Transit System - Display of pesticide safety information
      National Environmental Education and Training Foundation - Educate health care
      providers on recognition and management of pesticide health-related conditions.
      Indian Health Service - Participation in reducing mercury use and exposure.
      Americorps - Train farmworkers on pesticide safety.
      EGOS - Environmental Council of States
      National Tribal Environmental Council
      National Pesticide Medical Monitoring  Program  -  provide  clinical and basic
      toxicological pesticide information and services to the public.
      National Pesticide  Information  Center  - provide  real  time  science-based
      information on pesticides.

Outreach to Tribes

      OPPTS is actively involved with the Forum on  State and Tribal Toxics Action
(FOSTTA) Tribal Affairs Project.  This initiative is a mechanism for tribes to provide EPA
with  valuable program  expertise from the tribal perspective.  Tribal representation on
this project comes from a variety of environmental and health officials.  Funding is also
provided to tribal entities, such  as the Tribal Pesticide Program Council, that focuses
attention on  pesticide  issues and  concerns.   OPPTS  currently  has several grant
programs exclusively for Native American  Tribes, including grant  programs for lead
assessment and education and grants for targeted, pesticide-related  field projects, such
as water quality management and endangered species protection.
V.  2009 Environmental Justice Review

      OPPTS has selected the Office of Pesticide Programs' (OPP's) revision of the
Worker  Protection  Standard (WPS) as the key area in which to perform a review for
environmental justice considerations and integration.  The WPS provides protection to
farmworkers  by requiring safeguards such  as  protection  from  pesticide exposure,
emergency  assistance  in  the  event of  pesticide exposure, and training  on the
recognition of pesticide hazards, As it revises the WPS, OPP will use the EJ Standard-
Setting  and  Rulemaking  Protocol  to  help  identify  additional   opportunities  and
improvements to involve the affected community (farmworkers) and most effectively
identify and address their EJ concerns.

      The revision of the WPS to strengthen certain provisions is  already underway.
More frequent and  improved training for farmworkers is  being planned.  Pilots will help
determine the most effective methods  and materials for communicating with the affected
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community.  Stakeholder meetings will solicit the concerns of farmworkers and get input
on the revision of the Standard. Separate from the revision of the Standard, OPPTS will
continue radio campaigns on pesticide safety targeted to farmworkers.  The EJ review
and  use of the  EJ Standard-Setting  and Rulemaking  Protocol may  further identify
opportunities for EJ integration in the process.

      The schedule for the WPS Revision and the EJ review/use of the Protocol is as
follows:

Current: Stakeholder meetings, issue and options papers and option selection informed
by EJ Protocol.

Summer 2009: Option Selection, informed by EJ Protocol

Summer 2010:   Notice of Proposed Rulemaking, informed by the  EJ Protocol.  OPP
develops final Protocol Report on EJ aspects of changes  in the Proposed Rulemaking.

      Previously, in  2008,  OPPTS  led a pilot review of Section  1018 Lead Hazard
Disclosure rule to test the applicability of two EJ protocols: the regulatory development
protocol and the  enforcement and compliance protocol.  In addition, OPPTS conducted
a pilot  review of Section 403  Lead  Hazard Standard to test the applicability  the
regulatory development  protocol  and the clean up and remediation protocol. These
pilots informed  and  improved  the final  protocols  ensuring  environmental  justice
considerations  are   incorporated   into  regulatory  development,  enforcement and
compliance, and  clean up and remediation activities
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