^H                 ^^•^J^^^H  nawc
A  Newsletter  from   the  EPA   New  England  Environmental  Justice   Council
&EPA
Lin ire d R
Environmental Protection
     Mew Enr|!«nd
Quarterly, 5th edition  • July 2003
Environmental Justice  Revitalization Projects  Chosen
To promote environmental justice and
community revitalization, EPA's Office
of Environmental Justice, in collabora-
tion with the Federal Interagency Work-
ing Group on Environmental Justice
(IWG), announced the selection of 15
Environmental Justice Revitalization
Projects for 2003. The projects empha-
size collaboration among two or more
federal agencies, state and local govern-
ments, tribal governments, community-
                                                based organizations, academia, non-gov-
                                                ernmental organizations and industry.
                                                   "These projects are living examples
                                                of how communities, government and
                                                            continued on page 4
                                                •^ Stacey Checker, Director of Community
                                                Building and Environment at the Neigh-
                                                borhood of Affordable Housing in East
                                                Boston, MA, holds up the Chelsea Master
                                                Plan at a recent Environmental Justice
                                                Across the Mystic project meeting.
U.S.  Settles  Case Against Rhode  Island Landlord for
Failing to Tell Tenants of Possible Lead-based Paint Hazards
The U.S. Department of Justice
(DOJ), the Department of Housing
and Urban Development (HUD) and
the EPA announced in January  a
settlement in a case against a Provi-
dence landlord for failing to warn ten-
ants that their homes may contain
lead-based paint hazards.
   Joseph DeLuca, a Providence City
Council  member,  agreed to pay
$13,090 in civil penalties and to test
for and remove lead-based paint haz-
ards in 32 units in Providence. The
settlement is the result of a joint ini-
tiative by DOJ, HUD and EPA, as well
EJ News	1

EJ Profile	3

Legislative Updates	6
                 as the state of Rhode Island, and in-
                 volves violations of the disclosure re-
                 quirements of the Residential Lead-
                 Based Paint Hazard Reduction Act.
                    "Lead paint is an especially criti-
                 cal issue in Rhode Island, where much
                 of the older, urban housing has lead-
                 based paint," said Margaret E. Gurran,
                 U.S. Attorney for Rhode Island. "This
                 consent decree demonstrates that
                 government at both the federal and
                 state levels can use a variety of legal
                 tools and strategies to successfully
                 and effectively address the lead paint
                 problems."
                                     INSIDE
                   Office Notes	7
                   Office Highlight	8
  "This agreement sends a clear
message to landlords and home sell-
ers that they have a responsibility to
tell tenants and homebuyers about po-
tential  lead hazards," said Kevin
Reogh, HUD's New England Regional
Director. "Families, especially those
with young children, have a right to
know if their home can potentially
poison them.."
  Rober W. Varney, Regional Admin-
istrator of EPA's New England Office
said, "Lead poisoning continues to be
a major public health threat in New
            continued on page 9
  Publication Updates	10
  Q&A	12
  Contacts	16

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                                 FT
                                  ji ^i<\\)
             INews
National Environmental Justice Advisory Council Holds
Annual Meeting, Focus  on Pollution Prevention
The National Environmental Justice
Advisory Council (NEJAG) met in De-
cember to examine the issue of pollu-
tion prevention (P2). A comprehen-
sive draft report, entitled "Advancing
Environmental Justice Through Pol-
lution Prevention" was presented at
the meeting and comments were re-
ceived from both the NEJAG members
and the public at large. NEJAG expects
to issue a final report within the next
few months.
   NEJAG is an advisory body to EPA
on environmental issues of concern
affecting low-income  and minority
communities throughout the U.S. The
goal of NEJAG  is to provide effective
advice and recommendations to EPA
on environmental issues of concern,
and to provide a venue where com-
munity groups can raise issues to EPA
for potential resolution or action.
   Three years  ago the NEJAG shifted
the focus of its national meetings to
broad public  policy  issues. Since
1999, the NEJAG has focused on the
following issues: the permitting pro-
cess, community-based health re-
search models, federal agency envi-
ronmental justice implementation,
and fish consumption and water qual-
ity standards.
   "NEJAG hopes that the preparation
and submission of issue focused rec-
ommendations will increase the like-
lihood of positive and timely action
by EPA,"  said former NEJAG  Chair
Peggy Shepard.
   Several approaches for P2 were dis-
cussed at the annual meeting, such
as source reduction, waste minimiza-
tion, sustainable development, and
other innovative approaches to sys-
tematically reduce, eliminate and/or
prevent pollution. A NEJAG Pollution
Prevention Workgroup was formed,
consisting of representatives from in-
dustry, academia, community activist
networks, state regulatory agencies,
tribal environmental networks and the
legal community.
  As an advisory council, NEJAG con-
sists of the executive council and six
standing subcommittees. These sub-
committees are Air and Water, Enforce-
ment, Health and Research, Indigenous
Peoples, International and Waste and
Facility Siting. The subcommittees met
on the second day of the NEJAG meet-
ing. Each subcommittee has developed
draft strategic plans for the period Sep-
tember 2002-2004. The subcommittee
reviewed and deliberated on their re-
spective strategic plans at the meet-
ing.  For copies of the strategic plans
or any of the Policy Issue Reports, con-
tact Marva Ring of the EPA Office of
Environmental Justice in Washington,
D.G. at 202-564-2599.
Chair of National Environmental Justice  Advisory
Council  Term  Ends
After serving her two-year term as
chair for the National Environmental
Justice  Council  (NEJAG), Peggy
Shepard recently stepped down.
Shepard was the first female NEJAC
chair. Her primary responsibilities
were to develop the agendas for and
convene one public meeting per year,
biweekly conference calls  with vari-
ous  NEJAG  committees   and
workgroups.
   Shepard is also the executive direc-
tor and cofounder of the West Harlem
Environmental Action,  Inc.(WE
ACT). WE ACT is New York city's
first environmental justice organiza-
tion created to improve environmen-
tal policy, public health and quality of
   WE ACT is New York city's
    first  environmental justice
    organization created to im-
   prove environmental policy,
   public health and quality of
   life in communities of color.
life in communities of color. This or-
ganization has been recognized nation-
ally in the field of community-based
participatory research. The issues that
WE ACT focuses on include environ-
mental  and  social justice,  land use,
waterfront development, Brownfields
redevelopment,  transportation, air
pollution and open space.  EPA New
England recognizes Shepard for her
continued work in this area and wishes
her luck in future endeavors.
            continued on page 7 7

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                  EJPbfo
Veronica Eady, Lectures  on Urban
and  Environmental  Policy  and
Planning at  Tufts University
Before becoming a faculty member in
the Department of Urban and Environ-
mental Policy and Planning at Tufts Uni-
versity in Medford, Mass., Veronica
Eady worked as the Director of the Envi-
ronmental Justice and Brownfields Pro-
grams for the Massachusetts Executive
Office of Environmental Affairs (EOEA).
While at EOEA,
Eady authored the
first-ever environ-
mental  justice
policy  and pro-
gram for Massa-
chusetts' environ-
mental  agencies.
Eady is also the
Acting  Chair of
EPA's federal ad-
visory committee
for environmental
justice, the  Na-
tional Environmen-
tal Justice Advisory
Council (NEJAC).
   Recently, Eady
shared with EPA New England what
she thinks are the biggest EJ-related
problems facing the region in general,
and the greater Boston area in particu-
lar, including air pollution from mobile
sources, development and the amount
of contaminated sites.
   "I am particularly concerned about
mobile sources," said Eady. "A lot of the
escalating incidence of asthma and res-
piratory disease we are experiencing
comes from mobile sources, and a lot of
mobile sources are concentrated in mi-
nority and low-income communities."
   Eady noted that development is hap-
pening quickly in New England, and a
lot of impermeable surfaces are being
created which can cause water quality
problems. Pollutants that would normally
be filtered naturally in the ground can
runoff impermeable surfaces directly into
water bodies. Water pollution can make
beaches unswimmable and unfishable,
and Eady said she was particularly con-
cerned that water pollution in New En-
                gland  compro-
                mises  indigenous
                populations ability
                to harvest scallops,
                fish and tend cran-
                berry bogs.
                  Lastly,  Eady
                said that because
                there is such an old
                industrial history in
                New   England,
                there are  a lot of
                contaminated sites.
                  "Even  though
                there  is a lot of
                work being done
                (to clean  up  con-
                taminated  sites), in
these economic times it is difficult to iden-
tify appropriate land uses and get stake-
holders at the  table," said Eady.
"Brownfields redevelopment is not com-
munity driven, but it really needs to be."
   As the Acting Chair of NEJAC, Eady
is also heavily involved with environmen-
tal justice at the national level. Eady for-
merly served as chair of the Waste and
Facility Subcommittee of NEJAC, and
some of her personal goals for NEJAC
are to bring more structure, order and
process to the council; improve consen-
sus building;  and put into writing  how
decisions are made. Eady would  also
like to improve coordination of the work
         continued on page  13
 Second National

 People  of Color

 Summit
 For the second time in nearly 12
 years, national and international
 environmental activists gathered
 last October to address environ-
 mental racism issues at the Na-
 tional People of Color Environ-
 mental Leadership Summit, spon-
 sored by the United Church of
 Christ. The event drew more than
 1,400 leaders to assess the
 progress that has been made in
 the quest towards environmental
 justice and to develop a set of
 guidelines  called the "Principles
 of Working Together."
   Tremendous strides have been
 made to end environmental rac-
 ism since the first summit in 1991.
 The conference recognized the in-
 dividuals on the front line of the
 environmental justice movement
 who are committed to ending en-
 vironmental racism.
   Today, environmental justice
 networks have been formed all
 across the country-there are four
  Tremendous strides have
  been made to end environ-
 mental racism since the first
       summit in 1991.
environmental justice centers and
over 100 books on the subject.
When the first summit was held
in 1991, only one EJ-related book
was in print.
  The summit ended with lead-
ers reaffirming their commitment
to go back to their respective com-
munities and continue  to work
towards environmental and eco-
nomic justice.

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                                      EJN
Auto Body Shop Owners  Participate
in  Program  to  Reduce  Pollution
Owners and employees from 4 7 auto body shops attended the training program.
Photo courtesy of the JSI Center for Environmental Health Studies.
In March, 41 auto body shop owners
and workers in Lawrence, Mass., at-
tended a Spanish language Auto Body
Training  Program  funded by  a
$70,000 grant from EPA to better pro-
tect the environment and health of
workers.  Lawrence Mayor Michael
Sullivan opened the program along
with staff from the JSI Center for En-
vironmental Health Studies (JSI) that
received the grant.
  The Auto Body Training Program
taught workers at auto body shops how
and where to get required environmen-
tal permits and how to properly use
equipment and materials so pollution
impacts can be minimized. Auto body
shops work with numerous chemicals,
including paints, solvents and rust re-
moving agents.  Regulations require
equipment that minimizes the amount
of fumes and chemicals released into
the air and water, and the  exposure
of workers to these chemicals.
  The training also included presen-
tations on the health effects of expo-
sure to some of the chemicals used
in shops and about safety equipment
available  to protect workers. An ac-
countant and a representative from the
Lawrence Small  Business Center
talked about business planning, loan
programs and tax requirements.
  Some attendees requested help fill-
ing  out permit applications and filing
the  forms and more information on
business  plans and  loan programs.
JSI  and the  Small Business Center
offered to host evening meetings to
help shop owners  fill out forms and
organize a training program on busi-
ness practices and loan programs. JSI
has  hired a  part-time bilingual em-
ployee from Lawrence to conduct work-
shops and produce a videotape cover-
ing  similar material.
  For  more information about the
Auto Body Training Program contact
Gretchen  Latowsky  of JSI  at:
617-482-9485 or glatwoskyjsi.com.
com, from page 7 Revitalization
the private sector are working together
to secure environmental justice and
revitalize communities. Local partner-
ships are essential to addressing com-
munity concerns through constructive
and collaborative problem-solving,"
said Assistant Administrator of the EPA
Office of Enforcement and Compliance
Assurance, J. P. Suarez.
   Many of these projects will involve
the revitalization of idle or remediated
land to benefit the community.
   "These Environmental Justice Re-
vitalization Projects are  excellent op-
portunities to build the bridge between
meaningful community involvement,
environmental cleanup and sustainable
reuse," said Marianne  Horinko, Assis-
tant Administrator of the EPA Office
of Solid Waste and Emergency Re-
sponse. "These projects represent com-
munity needs being addressed in a ho-
listic and collaborative way and reaches
the overall end goals  of an environ-
mentally healthy community, revitalized
to address community needs."
   One project in New  England was
among the 15 demonstration projects
that the IWG selected throughout the
country. The Chelsea Creek Restora-
tion Project aims to improve environ-
mental health and well-being of  the
communities of East  Boston and
Chelsea, Mass. The project has success-
fully increased available open space
along  the creek, most  notably,  the
Condor Street Wild, the first park on
the creek. The park,  as  well as all of
the project's activities, has integrated
community needs with  business  de-
sires to obtain beneficial outcomes.
   EPA convened the IWG, which is
comprised of representatives from 11
federal agencies  and several White
House offices, under Executive Order
12898. For more information and to
read about the other demonstration
projects selected nationally,  visit:
www.epa.gov/compliance/
environmentaljustice/interagency/
index.html.

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                                     EJN
                   ews
Archeological  Survey Begins at New Bedford  Harbor,
Additional  Funding for  Cleanup  Announced
EPA New England, the Wampanoag
Tribe of Gay Head (Aquinnah), and the
U.S. Army Corps of Engineers began
an extensive archeological survey of an
18-acre area at the end of October to
determine whether there are histori-
cal and cultural resources in an area
slated for cleanup as part of the New
Bedford Harbor Superfund site. In
early November the administrator of
the  EPA's Superfund Program  an-
nounced  $6.5 million of additional
funding for the cleanup of the New
Bedford site. Earlier archeological stud-
ies of a 30-acre area revealed the pres-
ence of some Native American arti-
facts.
  "While our principal mission is to
cleanup dirty sites and return them to
productive use, we want to do that con-
sidering all the historical, social and
cultural interests that may be  in-
volved," said Robert W. Varney, EPA
New England's Regional Administra-
tor.  "We  have been working closely
with the tribe and other agencies, and
will  continue to do so throughout this
project."
  "The Wampanoag Tribe of Gay
Head (Aquinnah) Tribal Historic Pres-
ervation Office has been working to
insure the cultural resources of  the
Wampanoag  people have been pro-
tected through the consultation pro-
cess with the many departments of
the  U.S. Government and the  Com-
monwealth of Massachusetts," stated
Laurie Perry, Tribal Historic Preser-
vation Officer. "Cooperation in pre-
serving our historical sites and its
culture is a testimony to the relation-
ship that has  been achieved by  the
Wampanoag  Tribe  of  Gay  Head
(Aquinnah), federal and state  agen-
cies working together."
  "The U.S.  Army Corps of  Engi-
neers is  committed to respecting
tribal views and concerns as to  the
management and preservation of trib-
ally important sites or locations  in
New Bedford while completing the en-
vironmental remediation  of the
Acushnet River and environs," stated
William Scully, Deputy District Engi-
neer for Project Management. "The
Corps looks forward to continuing  to
work  closely with the  Wampanoag
Tribe of Gay Head  (Aquinnah)
throughout the  remainder of this
project and in future endeavors."
   Approximately 18 acres will be sur-
veyed by a team of archeologists. EPA
had previously provided $21,000  in
   EPA's Superfund Program
    announced $6.5 million
    of additional funding for
    the cleanup of the New
     Bedford site. Earlier
   archeological studies of a
   30-acre area revealed the
    presence of some Native
      American artifacts.
funding to the tribe for an oral his-
tory interview study to identify cul-
turally sensitive areas in the cleanup
area. The study  completed in the
summer of 2001 uncovered fragments
of pottery,  stone tools  and arrow
heads,  but  none  from the current
Wood Street cleanup area. All discov-
ered  artifacts will  be cleaned , cata-
logued and fully analyzed.
   A Memorandum of Understand-
ing between the  agencies and the
tribe guides the  efforts to protect
cultural or religious significant prop-
erties discovered during the cleanup
of  the  New  Bedford  Harbor
Superfund site.
  The  New  Bedford  Harbor
Superfund cleanup plan calls for the
dredging,  dewatering  and off-site
disposal of approximately 200 acres
of contaminated sediments and wet-
lands.  EPA  expects to  construct
three shoreline confined disposal
facilities to permanently contain some
of the contaminated sediment as well.
Construction of the waterfront bulk-
heads for the dewatering facility is un-
derway, and dredging of the harbor is
scheduled to begin in 2004.
  The  New  Bedford  Harbor
Superfund site encompasses  all of
the  New Bedford Harbor and parts
of Buzzards Bay.  The  harbor was
contaminated with  polychlorinated
biphenyls (PCBs), the result of past
waste disposal practices at two elec-
trical component  manufacturing
plants.  PCB wastes were discharged
directly into the harbor as well as
indirectly through the  city's  sewer
system.
  Fish and  lobster  from New
Bedford Harbor and the Acushnet
River estuary contain high levels of
PCBs which can cause illness if eaten
regularly. Since 1970, the Massachu-
setts Department of Public Health
has  issued restrictions on fishing and
lobstering based  on health risks
from eating fish and lobster from
the  18,000 acre New Bedford Har-
bor  and the Acushnet River estu-
ary.  EPA added the harbor  to its
National Priorities  list (commonly
known  as the Superfund)  in  1983,
making the site eligible for federal
Superfund cleanup money.
  "I want  to remind  people who
fish in  the area not to eat the fish
or lobster caught in these waters,"
said Varney, adding that the  single
biggest risk to a  person's  health
from the site is from consumption
of PCB-contaminated seafood.

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EJ Bill Introduced

in  Connecticut

The Connecticut Bill HB-6360 regard-
ing environmental justice that was in-
troduced in January has passed in the
Joint Committee on Public Health,
both the House and Senate Commit-
tees on Environment and the House
Committee on Energy and Technol-
ogy. If the bill passes  a vote in both
the House and Senate over the sum-
mer, it would make Connecticut the
first New England state to enact an
environmental justice law.
  The  bill defines EJ as the "equal
protection and the meaningful partici-
pation of people of all races, cultures,
and income levels in the development
of laws, regulations and policies." The
bill states it "would protect Connecti-
cut citizens from disproportionate ex-
posure  to emissions into the atmo-
sphere,  watercourses, groundwater or
soil of the state." The proposed leg-
islation focuses particularly on bur-
dens  people bear by virtue of their
place of residence, education, em-
ployment,  recreation or projected
class status under federal, state and
local civil rights laws.
  Beyond simply defining EJ, the bill
requires the Connecticut Siting Coun-
cil, the Connecticut, Bristol and East-
ern Connecticut Resource Recovery
  Leaslahve
   Updates
Authorities, and the Departments of
Environmental Protection, Public Util-
ity Control and Motor Vehicles to de-
velop  EJ action plans. The action
plans would identify and address dis-
proportionately high and adverse hu-
man health effects of a program,
policy or activity on minority and low-
income populations. Completed plans
would be subject to review by the Con-
necticut Commission on Human
Rights and Opportunities.
   It is anticipated that the bill will
be debated over the House and Sen-
                                ate floors over the summer. If legis-
                                lators approve, the bill would have to
                                be signed by the governor before be-
                                coming law.

                                National  EJ  Bill
                                Introduced
Last October, Rep. Mark Udall (D-CO)
and cosponsor Rep. Hilda Solis (D-CA)
introduced H.R. 5637, "Environmen-
tal Justice Act of 2002." The  bill is
largely modeled on Executive  Order
12898, and would strengthen exami-
nation of environmental justice issues
by, among other things, requiring
"[e]ach analysis of environmental ef-
fects of Federal actions required by the
National Environmental Policy Act of
1969 (42 U.S.C. 321 et seq.) [to] in-
clude analysis of the effects of such
action on human health and any eco-
nomic and social effects on minority
communities and low-income commu-
nities... when an Environmental Impact
Statement is required under the Na-
tional Environmental Policy Act." The
bill would also create a federal inter-
agency working group to help develop
environmental justice strategies, coor-
dinate research, data collection, solicit
public participation and develop model
projects. In addition,  the bill  would
create a Federal Environmental Justice
Advisory Committee.
NG Federal Appeals Court Overturns Wake  County Ruling
A North Carolina federal appeals
court has ruled that Holly Springs
residents have the right to sue state
and county environmental officials
over the permitting  of a 470 acre
landfill, which overturns previous
courts' findings. The three judge
panel  ruled  that the 11th Amend-
ment of the  U.S. Constitution does
not prohibit citizens from filing an
environmental justice-related lawsuit
under Titles VI and VIII of the Civil
Rights Act of 1968.
   The court noted that Holly Springs
"has long borne a disproportionate
share of Wake County's landfills." The
community of 12,000 residents con-
tains three other landfills.
  The lawsuit stems from allegations
that state and county officials inten-
tionally discriminated against minori-
ties when siting undesirable landfills.
Residents of Holly Springs, a pre-
dominately African-American com-
munity, filed the lawsuit in 1999 af-
ter state officials issued Wake County
a construction permit.

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Office Notes
EPA  Marks  Earth Day by Volunteering  in New
England  Cities
Each year, EPA New England's
Urban Environmental Program
(UEP)  sponsors a  variety of
Earth  Day events in cities
throughout the region. This year,
UEP held events in East Boston
and Chelsea, Mass., Bridgeport,
Conn, and Providence,  R.I.
   On April 30, all EPA employ-
ees were invited to  participate
in the  event "Reach Out and
Restore Chelsea Creek," which
consisted of a community gar-
dening project in Chelsea and
the cleanup of an embankment
along the Chelsea Creek in East
Boston.  EPA staff spent the day
working with community part-
ners from Neighborhood of Af-
fordable Housing, the  Chelsea
Greenspace & Recreation Com-
mittee, the Chelsea Human Ser-
vices Collaborative and United
Way.
   Volunteers  in
Chelsea weeded a
community garden
and built planters,
while volunteers in
East Boston col-
lected  more than
200 bags of trash-
from large wooden
pilings to refrigera-
tor-sized pieces of
styrofoam.
   At  the end  of
April,  EPA staff
and partnering agencies and
community groups hosted a
dozen  environmental  and
health-related learning stations
at the Roosevelt School.  Stu-
dents in grades R through 12
had the opportunity to learn
         Volunteers removed the remains of a boat frame from the Chelsea
         Creek site.  Pictured from left to  right: ECO employee Julianne
         Pardi, EPA employee Shri Parikh, NOAH  Program Coordinator
         Meghan McGrath, and EPA employees Susan Dushinski, Eric Beck
         and Bob Lim.
East Boston, Mass., site along the
Chelsea Creek before cleanup.
Same site after cleanup.
         about watersheds, lead poison-
         ing, asthma, recycling, mercury,
         integrated  pest management,
         brain injury,  urban wildlife,
         smoking prevention, diesel, sub-
         stance abuse and second hand
         smoke.
      In late July, EPA staff and
    partnering community groups in
    Providence unveiled a vacant lot
    in the West End that has been re-
    stored into an urban pocket park.
    The event included a tree plant-
    ing workshop.

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                                Officeiiimmmiii
EPA New England  Launches New Desktop EJ Mapping Tool
In May 2003, EPA New England (NE)
launched its new Environmental Jus-
tice (EJ) Mapping Tool,  a computer
mapping application available to  all
regional employees at their desktop.
The tool provides EPA NE staff a means
to help identify and analyze potential
EJ issues, and it is the result of over a
year of careful planning, development
and evaluation as part of the regional
EJ Action Plans for Fiscal Years 2002
and 2003.
  The EJ Mapping Tool was designed
to enhance the quality of EPA NE's
work by providing easy access to con-
sistent and  reliable EJ-related data.  By
having demographic data readily avail-
able to help characterize communities
throughout New England, EPA NE staff
and management can better ensure that
the  principles of EJ, such as fairness
and meaningful involvement, are incor-
porated into the  office's everyday work.

What the  Mapping
Tool Does
The EJ Mapping Tool provides a visual
representation of areas in New England
where significant numbers of minor-
ity and low-income populations live.
The raw data on race and income are
drawn from the 2000 U.S. Census. The
data are organized and presented vi-
sually by reference to  geographic ar-
eas known as "block groups." Block
groups are census-defined areas, gen-
erally containing between 600 and
3,000 people.
   The EJ Mapping Tool uses race and
income thresholds to identify poten-
tial EJ areas of concern since race and
income are widely recognized as strong
indicators of populations which might
bear elevated environmental burdens.
Making these data available to EPA
personnel is crucial for better under-
standing an  area, neighborhood  or
community about which regional de-
cisions must be made.
   Note that  the identification of an
area as a potential EJ area of concern
due to the presence of significant mi-
nority or low-income populations does
not, by itself, establish a disproportion-
ate environmental or  human health
impact. Conversely, it is possible that
E J concerns exist in areas not mapped
as a potential EJ area by the EJ Map-
ping Tool.
                                             ff
Possible Uses of
the Mapping Tool
Grants - A Brownfields grant pro-
gram coordinator must decide
from among multiple grant ap-
plications. In the process of her
deliberations,  she  wishes  to
know whether  any  applicant's
sites are located within any po-
tential EJ areas of concern. By
employing the EJ Mapping Tool,
she can readily determine if any
properties relevant to the grant
requests are in or near areas with
significant numbers of minority
or low-income residents. She can
also learn more  about each
neighborhood by overlaying rel-
evant data fields. Such informa-
tion better informs her deci-
sion-making.
Enforcement - An inspector has
a list of metal platers that have
yet to be inspected  by EPA or
State regulatory personnel. He
can only conduct 10 inspections
to remain within his workload
limits but the list includes more
than 30 sources. While he knows
he wants to inspect both large
and small facilities, he has a hard
time deciding which should be
the focus of his efforts. He de-
cides that it would be useful to
access EJ-related information
before deciding where to inspect
so he reviews information in the
EJ Mapping Tool to help him
better understand  the nature of
the areas in which the facilities
are located.
                                                                     For more information on the EJ
                                                                     Mapping Tool contact Deborah
                                                                     Cohen, EPA NE GIS Coordina-
                                                                     tor  at  617-918-1145  or
                                                                     Cohen.Deborah'5'epa.gov.

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   Office Notes
   Students  Work on  Community  Projects  Through

   EPA  Funded  Internships

   Four students will work on community projects this summer in Providence, R.I., and Cambridge and North
   Easton, Mass., through a paid internship program funded by the EPA. Since 2000, the EPA Office of Environ-
   mental Justice (OEJ) in Washington, D.G., has managed the Community Intern Program under a cooperative
   agreement with the Environmental Careers Organization, Inc., to place students in local  community organiza-
   tions.
     Participating students experience environmental protection at the grassroots level and learn about methods
   used by these local organizations to address local environmental issues. The program also provides an oppor-
   tunity  for EPA to strengthen existing partnerships and to create new ones with community organizations.
     The successful program has grown to place about 30 students  a year in community  internships all across
   the country. This summer in New England, two  interns will work  in Providence,  R.I., at the Childhood Lead
   Action Project and HELP Lead Safe Center; one intern will  work for Green  Roundtable in Cambridge,
   Mass.; and one intern will work for New England Public Employees  for Environmental  Responsibility in
   North  Easton, Mass.
     More than 1,900 students from all parts of the U.S., from varied ethnic backgrounds,  and all academic
                                     levels (undergraduate, graduate and doctoral)  have participated in
                                     the program and been trained in challenging science,  engineering,
                                     management, education and policy-related projects. Several of these
                                     students come from historically black  colleges,  Hispanic serving
                                     institutions, Asian serving institutions and tribal colleges.
                                        If your organization might be interested in/benefit from  having
                                     a summer intern, please  visit the  OEJ website at:www.epa.gov/com-
                                     pliance/environmentaljustice/interns/index.html  and follow the link to
                                     the Summer Intern Program flyer. All project description forms must  be
                                     received by ECO before Jan. 31, 2004, for placement next summer.

                                     Florence Han, an  undergraduate student at Yale, worked for
                                     Women of Courage last  summer  through the  Community Intern
                                     Program to conduct environmental health research on the high
                                     incidence of lupus in Roxbury, Mattapan and Dorchester, Mass.
cont. from page 7  Paint Hazard

England, especially in older cities such
as Providence where hundreds of chil-
dren are exposed to lead hazards each
year. Today's case should send a mes-
sage that landlords and property own-
ers  should be working with us, not
against us, in doing all that we can to
reduce the risk of childhood lead poi-
soning."


Lead Hazards
Elevated blood-lead levels in young
children can cause learning disabili-
ties, reduced IQ, developmental de-
lays, slowed growth, hearing prob-
lems, damage to the brain and ner-
vous system and, in rare cases, even
death. Lead poisoning is also harm-
ful  to adults, especially pregnant
women.

Cited  by  the  State of Rhode
Island
According to records maintained by
the state of Rhode Island, at least nine
children have been identified as hav-
ing  elevated  blood-lead levels  in
DeLuca's properties. DeLuca was
cited four times by the Rhode Island
Department of Health and the Rhode
Island Attorney General's Office for
failing to abate lead paint hazards in
four units in which a child had been
significantly lead-poisoned.

Federal Consent Decree
DeLuca owns and manages 32 apart-
ments in Providence-primarily  in
Olneyville-that  are subject to the
Consent Decree announced today. He
was accused of failing to inform his
tenants of potential lead hazards on
            continued on page 73

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                    Publication  Updates
EJ & Transportation: A Citizen's Handbook
In January, the Institute of Transportation Studies at the University of California, Berkeley, issued a citizen's handbook
designed to help those who are new to transportation decision processes influence how environmental justice is incor-
porated into decisions about transportation  policy and projects.  Download a complete copy of the report at:
www.its.berkeley.edu/publications/ejhandbook/ejhandbook.pdf.

EPA Report Analyzes Environmental Contamination and Children's Health
In February, the EPA released a second edition report titled America's Children and the Environment: Measurements of
Contaminants, Body Burdens, and Illnesses. This peer reviewed report includes trend information on a number of
environmental contaminants in air, soil, water and food; data on the concentrations of contaminants in women and
children; childhood illnesses; and emerging issues, such as, mercury in fish and attention-deficit/hyperactivity disorder.
According to EPA Administrator Christine Todd Whitman, "the report contains good news for children including the
continued decline in the number of children with elevated blood lead levels, a reduction in children's  exposure to
secondhand smoke, and decreases in exposures to air pollution and contaminants in drinking water." The report also
notes that asthma rates are increasing, too many children continue to have elevated blood lead levels, the potential for
mercury exposure in the womb is of growing concern and there is a disproportionate impact of childhood diseases
on low-income and minority children. The report can be accessed at: www.epa.gov/envirohealth/children.

CDC Issues School Asthma Management Guide
The Centers for Disease Control and Prevention (CDC) has issued the guide "Strategies for Addressing Asthma Within
a Coordinated School  Health Program" to offer concrete suggestions for schools working to improve the health and
school attendance of children with asthma. The six strategies are to: establish appropriate management and support
systems; provide appropriate health and mental health services for students with asthma; offer a safe and healthy school
environment to reduce asthma triggers; provide asthma education and awareness programs for students and staff;
establish safe, enjoyable physical education and activity opportunities for students with asthma; and coordinate school,
family and community efforts to manage asthma symptoms and reduce absences. The guide can be downloaded at:
www.cdc.gov/healthyyouth/healthtopics/asthma.

Lead Poisoning Tool Kit Now Available
The Alliance to End Childhood Lead Poisoning has produced "The Community Tool Kit: an Advocate's Tool for Improving
Lead Screening in Your Community." This tool kit describes how community members and advocates can effectively target
blood lead screening to reduce childhood lead poisoning. The tool kit is divided  into three sections which describe why to
focus on Medicaid lead screening, how to target screening to reach the children most at risk and how to ensure intensive
screening for children in targeted populations. Download the tool kit at: www.aeclp.org and select the "Publications" link.

Census  2000 Special Reports
The Census 2000 Special Report series provides in-depth analysis of Census 2000 population and housing topics to the
public. The Census 2000 Special Report series are analytic tools that provide analysis of the data the U.S. Census
Bureau collects, particularly in the areas of geographic distribution, race and ethnicity, immigration, and other areas of
demographic research. Currently available include "Mapping Census 2000: The Geography of U.S. Diversity," "Racial
and Ethnic Residential Segregation in the U.S.: 1980-2000" and "Demographic Trends in the 20th Century." These
reports and others can be downloaded at: www.census.gov/population/www/cen2000/briefs.html.

Developing a Tribal Implementation Plan
A Tribal Implementation Plan (TIP) is a set of regulatory programs a tribe can develop and adopt to help attain and/or
maintain national air quality standards for six common air pollutants: carbon  monoxide, nitrogen dioxide, sulfur diox-
ide, lead, particulate matter and ozone. A TIP may be one part of a broader tribal management program that may also
include programs to enforce federal limitations on other pollutants, monitor air quality, inventory emissions, issue
stationary source operating permits and address indoor air pollution. Guidance on "Developing a Tribal Implementa-
tion Plan" is  now available and is intended to help tribal environmental staff assess the need for a TIP, explain the
different program elements that a TIP may consist of and provide EPA suggestions on how to develop a TIP if a tribe
chooses to do so. The guidance can be accessed at: www.epa.gov/air/tribal/tip2.html.
                                                10

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Office Notes
OEJ Celebrates 10 Year Anniversary
Ten years after EPA established the
Office  of Environmental Justice,
many gathered at the steps of EPA
headquarters in Washington, D.G.,
last November to celebrate and re-
flect on a decade of EJ effort.
   "We have a maturing program,"
said  OEJ's Director, Barry Hill, as
he opened the  ceremony. "Still
evolving, unfolding, progressing, de-
  ENVIRONMENTAL IUSTICE
veloping and advancing."
   Hill graciously mentioned past
successes, but renewed the office's
commitment to mature "until all
communities obtain environmental
justice."
   EPA New England's Regional Ad-
ministrator, Robert W. Varney, also
spoke at the  event and  highlighted
the region's continued commitment
to EJ, noting the regional EJ train-
ing program, ongoing community
listening sessions and several grant
programs for which EJ is a funding
priority.
   "In October 2001, EPA New En-
gland simultaneously issued its first
EJ Action Plan for Fiscal Years 2001
and 2002 along with the revised EJ
Policy," Varney commented.
   He outlined the six independent-
yet-interrelated strategies, Commu-
nication, External Stakeholder En-
gagement, Mapping, Organizational
Engagement, Training and  Evalua-
tion, which work to strengthen rela-
tionships between regional staff and
the community. In 2003, the action
plan was revised and expanded with
the addition of a subcommittee dedi-
cated to the region's EJ Inventory,
a desktop database of all EJ-related
activities.
   Varney closed by proudly reaf-
firming EPA New England's dedica-
tion to EJ and to communities that
may experience disproportionate
environmental burdens.
 cont. from page 2  NEJAG
 NEJAG annually makes recom-
 mendations to the EPA Admin-
 istrator for the appointment of
 Council Chair, Council Vice
 Chair, Subcommittee Chairs and
 Subcommittee Vice Chairs. Cur-
 rently, no one has been ap-
 pointed for the upcoming year.
 Veronica Eady, a lecturer at Tufts
 University in the Department of
 Urban & Environmental Policy
 and Planning, will serve as the
 acting chair until  someone is
 appointed.
 (see Personal Profile on page 3)
    The next NEJAC  meeting
 will be held April 13-16, 2004,
 in New Orleans, Louisiana. The
 meeting will examine the rela-
 tionship between environmen-
 tal justice and cumulative risk/
 impacts. For more information
 vi s i t: www. epa.gov/compliance/
 environmentaljustice/nejac/
 next_meeting.html
Pilot Online  Tool  Details  Facilities'
Compliance
 Last November, EPA launched a pi-
 lot website that allows the public
 and industry to access the current
 environmental compliance record
 of more than 800,000 regulated fa-
 cilities nationwide, including nearly
 60,000 facilities in New England.
 The Enforcement and Compliance
 History Online (ECHO) system pro-
 vides users detailed facility reports,
 which include:

  • Federal and State compliance
   inspections;
  • Environmental violations;
  • Recent formal enforcement
   actions taken; and

  • Demographic profile of sur-
   rounding area.

   The easy-to-use web tool, found
 at  www.epa.gov/echo, integrates
 EPA and state compliance infor-
 mation for facilities regulated un-
 der the Clean Air Act, Clean Wa-
 ter Act and Resource Conservation
 and Recovery Act (RCRA).  Data
 reports are updated monthly and
 cover a two-year period.
    EPA sought public comments on
 ECHO through March, and is now
 reviewing the comments received.
 ECHO remains online as a pilot site.
     Cnfaroefrent arc      *
     Canplaxe History On ine %
                                                11

-------
Since 1999,  Upper Room Unlimited
(URU), a nonprofit organization serv-
ing Connecticut and New York, has de-
livered This is Where I Live, a program
geared toward creating environmen-
tally literate adults by educating today's
urban youth,
    "Many urban youth feel removed from
the mainstream environmental move-
ment, " according to the URU, an organi-
zation dedicated to educating socio-eco-
nomically  disadvantaged youth and
adults. Responding to views such as  "lit-
tering gives peoplejobs, " and "recycling
is for white people, " URU has developed
This is Where I Live.

Q. What is the "This is  Where I Live"
Program?
A. The "This is Where I Live" program is
an interactive play complemented with sev-
eral different hands-on workshops. The pro-
gram delivers  environmental awareness,
education and  tools in order to encourage
inner-city youth to solve  environmental
problems affecting their community. The
program strives  to communicate with
children in their language. The play
and workshops are easily digestible for
students of all ages and  abilities.
   .  What  communities  does  this
project serve?
A. The project targeted inner-city youth
in the cities of Hartford and New Haven,
Conn. The communities are mostly low-
income and minority areas.  Approxi-
mately 1,500 students from five urban
schools participated in the program. The
students ranged from fourth  grade  to
eighth  grade.
         are the  particular schools
chosen?
A. Building on existing partnerships
and relationships,  URU tries to bring
this program to schools that lack extra-
curricular activities. Communities that
normally wouldn't have access to this
type of programming are a high prior-
ity. The goal of URU is to target the
underserved communities. However,
we have found that the same curricu-
lum works in a suburban setting.
 How to build environmental
 awareness  among  low-in-
 come youth;  Upper  Room
 Unlimited(URU)  explains
 their Connecticut Program.
   .  Are local businesses  or organi-
zations involved?
A. For the workshop portion of  the
project, URU brings in the expertise of
local  organizations such  as  the
Quinnipiack Rivershed Association, New
Haven Regional Water Authority and
Schooner, Inc. Workshops and field trips
are designed by the partner with  the
particular school's needs in mind. These
opportunities allow students a hands-on
learning experience that compliments
their classroom work.

C^.What are some of the themes or
issues addressed in the project?
A.The program emphasizes that this is
the students' environment and that they
have rights. Students are encouraged to
protect and conserve their environment.
The  play addresses everyday environ-
mental issues that plague the urban com-
munity. The play features several main
characters including the Kid of the Fu-
ture, who is clad in garbage and debris,
Mother Nature and Mr. Pollution, the vil-
lain. Children watch as Mr. Pollution
tries to stop Kid of the Future and Mother
Nature  from opening the magic box.
However, each time the Kid of the Fu-
ture  and Mother Nature successfully
open the box, a new solution to an envi-
ronmental problem is introduced. The
solutions are tailored for students. They
                12
                                      include writing to your representative,
                                      riding a bike to  reduce  air pollution,
                                      wasting less water and recycling cans.
                                      These examples are meant to empower
                                      students to take ownership of their en-
                                      vironment and  to improve it using
                                      simple solutions.
n a
   .  How are the solutions made
more accessible to the students?
A.  The solutions are presented i
language that students  understand.
With the wide diversity of the student
audience, the play tries to connect all
these different cultural backgrounds.
Songs are performed in several differ-
ent styles including hip hop, rap, and
blues. These  styles are familiar to stu-
dents and tend to have the most im-
pact.
   Visual cues are also used to address
environmental issues. Kid of the Fu-
ture, who in  the beginning of the per-
formance is  clad in garbage,  slowly
sheds the debris as a new solution is in-
troduced. At the end of the performance,
the Kid of the Future is dressed like a
normal child-implying that if students
follow the advice found in the magic box,
they too can eliminate the garbage.
   . What has the response been
from teachers and students?
A. The response from both teachers and
students  has been fabulous. Teachers
have asked URU to return on several oc-
casions. Students are also delighted and
leave with a greater understanding  of
their surrounding environment.
   . What is the greatest success of
the project?
A. Watching students leave the perfor-
mance still singing the different songs is
one of the greatest successes.
   . What are some of the specific E J
issues addressed?
A. It is a capacity-building experience
for both the students and the other part-
ners. We try to teach all involved, stu-
dents and partners, to be more cultur-
ally sensitive.

-------
com. from page 9 Paint Hazard

at least 66 occasions. In the Consent
Decree, DeLuca agreed to test for the
presence of lead-based paint and lead-
based paint hazards in his properties,
remove interior and exterior lead-
based paint and lead-based paint haz-
ards, remediate any lead-contami-
nated soil and pay a total of $13,090
in penalties.
   The DeLuca case  is among half a
dozen civil and criminal cases EPA's
New England Office has taken since
launching an initiative  to make sure
landlords and  property owners  are
complying with federal laws, which
require them to notify tenants and
prospective buyers of potential lead-
paint hazards in their buildings. The
initiative has included more than 80
inspections  around  New England,
many of which have been conducted
jointly with HUD, as  well as compli-
ance assistance workshops.

The Residential  Lead-Based
Paint  Hazard Reduction Act
of 1992
The lead disclosure rule promulgated
under the federal Residential Lead-
Based Paint  Hazard  Reduction Act
requires landlords and sellers of hous-
ing constructed prior to 1978 to: pro-
vide buyers and renters an EPA-ap-
proved lead hazard information pam-
phlet; include lead  notification lan-
guage in sales and rental form; dis-
close any known lead-based paint and
lead-based hazards  in the housing
and provide available reports to buy-
ers and renters; and maintain records
certifying  compliance with federal
      Nationally, DOJ, HUD
      and EPA have jointly
    resolved 11 enforcement
      actions affecting over
      150,000 apartments.
laws for a period of three years. Sell-
ers,  lessors,  and real estate  agents
all share responsibility for such com-
pliance.
   Nationally, DOJ, HUD  and EPA
have jointly resolved 11 enforcement
actions affecting over 150,000 apart-
ments. These cases have resulted in
$339,000 in civil penalties, $358,750
directed  to   community-based
projects to reduce lead poisoning, and
commitments by landlords to pay
more than  $16 million to address
lead-based paint hazards in affected
units. These numbers do not reflect
additional administrative  cases re-
solved by HUD and EPA.
   Nearly 1 million of the nation's
22 million children under the age of
six have blood-lead levels high enough
to impair their ability to think,  con-
centrate and learn. The Centers for
Disease Control and Prevention re-
ports that childhood lead poisoning
remains one of the most widespread
childhood diseases.  While average
blood-lead levels have declined  over
the past decade, one in six low-in-
come children living in older hous-
ing are lead-poisoned.
   For more information on how to
comply with the lead disclosure  rule,
please  visit www.hud.gov/offices/
lead/disclosurerule or www.epa.gov/
ne/compliance/enflead.html.
   To report a disclosure rule viola-
tion to EPA or HUD, please call 1-
800-424-LEAD or visit the EPA New
England website at www.epa.gov/ne/
compliance/enflead .html# 1018.
   For information on lead  poisoning
prevention in Rhode Island, please visit
the DOH website at www.healthri.org/
family/lead/home .htm or call the RI
Family Health Information  hotline at
1-800-942-7434.
cont. from page 3 IZ-J
coming out of the various NEJAC sub-
committees.
   "A report from the International Sub-
committee is being released on the U.S.
and Mexico border," said Eady. "The re-
port has been in the works for years, and I
am hoping there will be more similar re ports."
   Eady said she was happy to be able to
transition into academia during the last year.
   "I am no longer a government official, so it
freed me up to get involved in activism," said
Eady, who has become involved in a multi-
tude of organizations and projects in the area.
   Through Tufts,  Eady has been working
to create university-community partnerships
that advance EJ goals. Her students have
worked in Dorchester, Mass., over the last
year on a field research project on EJ se-
curity and sustainability.
   Eady is also involved with the Wash-
ington St. Corridor Coalition and the Alter-
natives for Community and Environment's
(ACE) T Riders Union. She also serves on
the Boards of Directors for Earth Island In-
stitute in San Francisco, the Community
Rights Council in Washington,  D.C., and
the Boston Greenspace Alliance. She is the
author of "Environmental Justice in State
Policy Decisions," Just Sustainability: Devel-
opmentin an Unequal World, ed. by Julian
Agyeman, Bob Bullard, and Bob Evans.
Earthscan and MIT Press.
                  13
   Eady is the former executive director
of ACE, an environmental justice law and
education center in Roxbury, Mass. Prior
to that, Eady was a  faculty member at
Stanford Law School, running its Environ-
mental Justice Clinic, and is a former visit-
ing scholar at Golden Gate Law School
in San Francisco and at Irkutsk State Uni-
versity in Irkutsk, Russia  in where she
helped create the first environmental law
clinic in the Russian Federation. Eady is a
graduate of the University of Southern
California with a bachelor's degree in jour-
nalism, and she earned her law degree
for the University of California Hastings
College of the Law.

-------
                                     EJN
                                                     CWS
Owner  of Central Landfill Settles Glean Air Act  Case
with EPA and DOJ;  $5  Million to Curb  Landfill  Gas
The U.S. Department of Justice and
the EPA announced in December that
the owner/operator of the Central
Landfill in Johnston, RI, will be
spending  more than $5 million on
air pollution  control measures as
part of a settlement of alleged Glean
Air Act violations. The settlement
was filed  in the U.S. District Court
in Providence on Dec. 20.
   Stemming from an EPA investiga-
tion that began in the late 1990s, the
settlement with the RI Resource Re-
covery Corp. (RIRRG) requires pay-
ment of a $321,000 penalty  and in-
stallation of additional pollution con-
trol systems that will substantially im-
prove  collection and control of land-
                                 fill gas at the 190-acre landfill which
                                 handles most of the state's household
                                 and commercial waste. Noxious odors
                                 from the landfill gas have been a long-
                                 standing source of complaints among
                                 residents living near the landfill.
                                    "This landfill case is further evi-
                                 dence that EPA is fully committed to
                                 enforcing new source  review and
                                 other clean air requirements to the
                                 maximum extent possible,"  said J.P.
                                 Suarez, Assistant Administrator of
                                 EPA's  Office of Enforcement and
                                 Compliance  Assurance.  "It  is a ma-
                                 jor victory for Rhode Islanders living
                                 in close proximity to this facility."
                                    "This agreement will result in sig-
                                 nificant reductions in gas emissions
from the Central Landfill," said Rob-
ert W. Varney, EPA New England Re-
gional Administrator. "Controlling and
capturing landfill gas is a complex
challenge and these required changes
should  lead to significant improve-
ments in air quality."
   "[The] settlement represents reso-
lution of one of the first enforcement
actions in the nation for violations of
New Source Review under the Clean
Air Act at a solid waste landfill," added
Tom Sansonetti, Assistant Attorney
General at the DOJ's  Environment and
Natural Resources Division. "This is
further evidence of the government's
efforts  to protect our  environment
            continued on page 7 6
   Among the specific improvements required under the settlement:
    •Installation of 14 horizontal landfill gas
     collection trenches in the upper altitudes
     of Phases II and  III (this work was com-
     pleted in fall 2001);
    •Continuation of  the ongoing installation
     of an extensive  landfill gas  collection
     trench system in  all altitudes of Phase IV;
    • Installation, over the next four years,
     of cover and capping materials on Phases
     II and III to trap escaping landfill gas,
     limit water infiltration into the waste,
     and increase the efficiency of already
     existing collection and control systems.
     (This work schedule is far more aggres-
     sive than what would be required under
     state law.)
    •Installation, within the next year, of an
     ultra-low emissions flare which will burn
     landfill gas substantially cleaner than most
     flares currently on the market.

    The  cost of implementing these control
    measures in is estimated  at more than $5
    million.
                                                                 Aerial view of the Central Landfill
                                               14

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                                     EJN
                                                      CWS
U.S.  Settles  Glean  Air  Act  Case  Against  Toyota;  Some
School Buses  to  Run Gleaner As Part  of  Settlement
The U.S. Department of Justice (DOJ)
and the EPA finalized a settlement in
March of the government's lawsuit
against Toyota Motor Corporation for
Glean Air Act violations involving 2.2
million vehicles  manufactured  be-
tween 1996 and 1998.
   Under the settlement, Toyota will
spend $20 million on a supplemental
environmental project to retrofit up to
3,000 public diesel fleet vehicles to
make them run cleaner and extend the
emission control system warranty on
affected  vehicles.  In addition, Toyota
will accelerate its compliance with cer-
tain  new emission  control require-
ments, and pay a  $500,000 civil pen-
alty.  The settlement will cost Toyota
an estimated $34  million.
   The U.S. alleged Toyota sold 2.2 mil-
lion vehicles which were different from
those described in its application for
Certificates of Conformity, which al-
low vehicles to be legally sold  if they
meet Clean Air Act emission standards.
The  government's  lawsuit  charged
Toyota failed to disclose limitations in
the operation  of that part of the on-
board diagnostic  system that checks
for leaks in vehicles' evaporative emis-
sion  control systems. As a result, the
on-board diagnostic system would not
promptly signal drivers to a problem
by lighting their dashboard light. Emis-
sion  control system leaks need to be
noticed and repaired because fuel va-
pors  into the atmosphere contribute
to ozone pollution.
   The supplemental  environmental
project requires Toyota to spend $20
million to retrofit up to  3,000 diesel
vehicles, including older, high-pollut-
ing school buses and municipal buses
(which  are not  manufactured by
Toyota) with pollution control equip-
ment, such as catalytic converters, fil-
ters  or whole  engines. This retrofit,
along with the purchase of  ultra-low
                                  sulfur fuel (which Toyota may subsi-
                                  dize) is expected to eliminate up to
                                  220 tons of particulate matter emis-
                                  sions,  1,200  tons  of hydrocarbon
                                  emissions and 15,000 tons of carbon
                                  monoxide emissions.
                                          School children
                                     near school buses, as
                                      well as pedestrians,
                                     are particularly likely
                                       to experience high
                                       exposure to diesel
                                       particulate matter.
                                     Diesel particulate is classified as a
                                  probable human carcinogen  and is
                                  known to exacerbate the effects of
                                  asthma and heart disease. More than
                                  24 million children across the nation
                                  ride diesel buses to school.
                                     "This settlement is another mile-
                                  stone by this Administration  in  our
                                  work to produce cleaner air for  the
                                  American people. With this bus retro-
                                  fit action, our nation's school children
                                  will be breathing less of the small par-
                                  ticles that can cause lung and respira-
                                  tory damage," said EPA's Administra-
                                  tor Christine Whitman. "This action is
                                  a reminder to all drivers that their
                                  vehicle's engine light plays an impor-
                                  tant part in keeping vehicles running
                                  clean and protecting the environment."
                                     "Vehicle manufacturers must make
                                  all required disclosures so that EPA can
                                  carry out its responsibilities to ensure
                                  clean air," said Thomas L. Sansonetti,
                                  the DOJ's Assistant Attorney General
                                  for the Environment and  Natural  Re-
                                  sources Division. "This  settlement
                                  makes clear that we will enforce these
                                  requirements vigorously."
                                     The  settlement also  requires
                                                  15
Toyota to accelerate, by  approxi-
mately one year, its compliance with
EPA's new "near-zero" evaporative
emissions regulation, which requires
the capture of more gasoline vapors.
Due to this accelerated compliance,
about 1.4 million new Toyota vehicles
manufactured from 2004 to 2006,
which would not yet be subject to
the new regulation, will be built with
more  robust evaporative emission
control systems. The accelerated com-
pliance schedule is estimated to cost
Toyota about $11 million.
   The case, filed in federal District
Court in Washington, D.C., involves
model year 1996 through 1998 ve-
hicles, including some Camry, Avalon,
Corolla, Tercel, Paseo, Lexus, Sienna
minivans, 4Runner, RAV4, Tacoma and
T100 models.
   The settlement requires Toyota to
notify affected owners of the warranty
extension within the next 12 months.
The evaporative emission control sys-
tem warranty will be extended from
the current two years or 24,000 miles
to 14 years or 150,000 miles. The ex-
tended warranty is estimated to cost
Toyota about $3 million, and will re-
duce emissions of hydrocarbons by
affected vehicles by an estimated 30
tons, in addition to the  1,200- ton re-
duction of  hydrocarbons achieved by
the supplement environmental project.
   Owners who have not received  a
notice within 12 months are encour-
aged to contact their  local Toyota
dealer. Owners who smell gasoline or
whose malfunction indicator light illu-
minates should contact their mechanic
to determine whether a repair under
the extended warranty is indicated. A
small number of affected vehicles are
expected to have any such  malfunc-
tion at this time, which is why the gov-
ernment did not consider a recall in this
case.

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cont. from page 14 Landfill
for America's future generations and
to work with industry to reduce the
levels of harmful pollutants and nox-
ious  odors in our air."
   The landfill gas control and other
compliance measures RIRRG has al-
ready implemented as a  result of
EPA's enforcement action have sig-
nificantly decreased the amount of
landfill gas being emitted from the
landfill. Based on information ob-
tained by the EPA from the RI De-
partment of Environmental Man-
agement, these  compliance mea-
sures have  also  reduced the fre-
quency and severity of odors ema-
nating from the landfill. Further im-
provement is expected in the fu-
ture  based on additional measures
RIRRG has committed to undertake
as part of this settlement.
   The new  pollution control sys-
tems will result in the capture and
control  of  about 30,350  tons  of
methane (a greenhouse gas) and 215
tons of volatile organic compounds
(which contribute to smog) between
now and  2010. The additional equip-
ment is designed to boost the facility's
overall capture/control efficiency of
landfill gas to 90 percent or better.
As part of the settlement, RIRRG has
already purchased or surrendered 175
tons of emissions credits-allowances
to emit smog-causing pollutants-to
mitigate  excess emissions  that re-
sulted  from violations found during
the EPA investigation.
   The settlement requires im-
provements at numerous areas  of
the Central Landfill, which consists
of four landfill phases.  Phase I  of
the Central Landfill opened in 1955
under  previous ownership and was
closed in 1993. (These  are being
cleaned up under EPA's Superfund
Program.) Phases II and III began
accepting waste  in the  1990s and
Phase IV  began accepting waste in
September 2000.
   EPA  launched  its investigation in
July 1999. In 2000, EPA issued two
administrative orders and one notice
of violation to RIRRC for: failure to
obtain pre-construction  permits and
install appropriate controls for Phases
II, III and  IV as required by the New
Source  Review requirements in the
RI Air Pollution Control Regulation;
failure to  conduct  certain monitor-
ing,  testing  and record keeping re-
quired by the federal New Source Per-
formance  Standards for Municipal
Solid Waste Landfills which are de-
signed to minimize landfill gas emis-
sions; and failure to apply for and
obtain a required facility-wide  Title
V operating  permit.
   EPA  New England  Contacts
   For more EJ information:
   Kathleen Castagna
   EJ Coordinator
   617-918-1429
   castagna.kathleenepa.gov
To submit an article:
Davina Wysin
EJ News Editor
617-918-1020
wysin. davina^epa. go v
  Web Resources
  EPA New England Environmental Justice Program website
  http://www.epa.gov/ne/steward/ejprog/index.html

  National Office of Environmental Justice
  http://es.epa.gov/oeca/main/ej/index.html

  National Environmental Justice Advisory Council
  http: //es. epa. gov/oeca/main/ej/nejac/index.html

  National Office of Civil Rights
  http://www.epa.gov/ocrpagel/aboutocr.htm
  External links disclaimer
  This newsletter provides links to non-BPA websites. These links provide additional information
  that may be useful or interesting and are being provided consistent with the intended
  purpose of this newsletter. However, EPA cannot attest to the accuracy of the information
  provided by linked sites.  Providing links to a non-EPA website does not constitute an
  endorsement by EPA or any of its employees of the sponsors of this site or the information
  or products presented on the site.
 State  Contacts
 New Hampshire
 Philip O'Brien, NH DES
 Director, Waste Management
 603-271-2905
                                     Rhode Island
                                     Gerald McAvoy, RI DEM
                                     401-222-6607 X2301

                                     Vermont
                                     Edward Leonard, VT DEC,
                                     Policy and Regulatory Manager
                                     802-241-3811

                                     Connecticut
                                     Edith Pestana, GT DEP,
                                     Environmental Equity Program
                                     860-424-3044

                                     Maine
                                     Brook Barnes, ME DEP,
                                     Deputy Commissioner
                                     207-287-7887

                                     Massachusetts
                                     Kwabena Kyei-Aboagye
                                     Tony Chaves, MA EOEA
                                     EJ Coordinators
                                     617-626-1165
                                     617-626-1009
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