A EPA
NATIONAL
ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
20-Year Retrospective Report (1994 - 2014)
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CONTENTS
Executive Summary 5
Major NEJAC Advice and Recommendations 6
Practicing Meaningful Engagement 6
Encouraging Equitable Development, Revitalization, and Land Use 6
Expanding Community Capacity for Problem-Solving 7
Expanding Research and Assessing Risks 7
Enhancing Regulatory Authorities and Policies 7
Improving Relations with Tribal Governments and
Indigenous Peoples 7
Promoting Strategies to Reduce the Impacts of
Goods Movement Activities 8
Improving Emergency Preparedness, Prevention, and Response 8
Climate Change and Health 8
Conclusions 9
Introduction 10
NEJAC Overview 11
NEJAC Influence and Impacts of Advice and
Recommendations: 13
A Retrospective Analysis 13
Practicing Meaningful Engagement 14
The Model Plan for Public Participation 14
Mechanisms to Enhance Stakeholder Involvement and
Management 14
Enforcement Roundtables 16
Environmental Justice Issues on the U.S. -Mexico Border 17
Federal Facilities 18
Ensuring Long-Term Engagement of Communities in Gulf Coast
Ecosystem Restoration 19
Encouraging Equitable Development, Revitalization, and Land Use 20
EPA's Brownfields Program 20
Unintended Impacts of Redevelopment and Revitalization Efforts 22
Expanding Community Capacity for Decision-Making 24
Capacity Building for Communities Impacted by Goods Movement 26
Enhancing Capacity of School Communities 27
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Enhancing Research and Assessing Risks 29
Cumulative Risk Assessment Framework 29
Community-Based Health Models 30
Environmental Justice Cross-cutting Research Roadmap
(EJ Roadmap) 31
Improving Aquatic Ecosystems 32
Enhancing Regulatory Authorities and Policies 34
EPA Superfund Permanent Relocation Policy 34
EPA Waste Transfer Station Siting and Operations Guidance 35
Legal Authorities to Address Environmental Justice 36
Pollution Prevention 37
Ensuring National Consistency in Identifying Areas of Concern 38
EPA's Role in Leading Environmental Justice Change 40
Strategic Planning 41
Permitting in EPA 42
Improving Relations with Tribal Governments and
Indigenous Peoples 45
Supporting Tribal Capacity for Advancing Environmental Justice 45
Promoting Strategies to Reduce Impacts of Goods Movement Activities .... 49
Improving Emergency Preparedness, Prevention, and Response 51
Gulf Coast Hurricanes and Environmental Justice 51
Improving Chemical Plant Disasters 52
Climate Change and Health 54
Strengthening the Participation of Business and Industry in
Environmental Justice, Green Business and Sustainability 54
The Path Forward 56
NEJAC's Continuing Contributions 56
Appendix A 57
Historical NEJAC Membership 57
2014 57
2013-2014 57
2011-2012 57
2009-2010 57
2007-2008 58
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2005-2006 58
2004 58
2003 58
2002 58
2001 59
2000 59
1999 59
1998 59
1995-1996 60
1994 60
Appendix B 61
Current and Former EPA Officials and NEJAC Members with Whom
Discussions Were Conducted 61
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EXECUTIVE SUMMARY
This report documents the work of one of the most successful Federal advisory committees
in the history of the U.S. Environmental Protection Agency (EPA). The National
Environmental Justice Advisory Council (NEJAC) was established by EPA on September 30,
1993 to provide independent advice to the EPA Administrator on broad, cross-cutting issues
related to environmental justice.
Over the course of its history, NEJAC has provided a crucial forum for the discussion and
elevation of issues critical to the environmental justice movement and the integration and
consideration of environmental justice within the work of EPA and the larger Federal family.
NEJAC's influence has spanned the environmental justice spectrum from foundational issues
of meaningful involvement and land use to future direction on science and fundamental
policy issues related to regulations and rules. NEJAC has convened meetings on all three
coasts and many points in between. Its members have ranged from leaders of business and
industry to leaders of tribal governments, citizen advocates, world-renowned scholars and,
most importantly, residents of communities facing their own environmental justice
challenges. The products and presence of this body have made an undeniable impact upon
the Agency it serves, and an impact which continues to generate progress on environmental
justice through its past advice and current endeavors.
It has also served as a place of convening for the many citizens, advocates and supporters
of environmental justice throughout the United States. Though perhaps easily overlooked,
this is one of the most important aspects of NEJAC - as a consistent space where officials
from EPA and other Federal agencies can convene with a broad spectrum of those working to
support environmental justice not only to hear advice and recommendations, but to come
together as individuals in a spirit of friendship, collaboration and mutual respect. The ability
to come together has always been a hallmark of the strength of environmental justice as a
movement, and similarly grounds and supports EPA's continuing efforts to further
environmental justice within and throughout the Federal family.
NEJAC conducts an evaluation of a broad range of strategic, scientific, technological,
regulatory, and economic issues related to environmental justice. NEJAC's primary
objectives are to provide advice and recommendations about EPA's effort to:
Integrate environmental justice considerations into Agency programs, policies, and
activities;
Improve the environment or public health in communities disproportionately burdened by
environmental harms and risks;
Address environmental justice to ensure meaningful involvement in EPA decision-making,
build capacity in disproportionately burdened communities, and promote collaborative
problem solving for issues involving environmental justice;
Strengthen its partnerships with other government agencies, such as other Federal
agencies and State, tribal, and local governments, regarding environmental justice
issues; and
Enhance research and assessment approaches related to environmental justice.
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This report provides a 20-year retrospective of the activities of NEJAC from 1994 through
2014. The goals of this report are to demonstrate and document the impact that the NEJAC
has had on EPA's environmental justice development during this twenty year period by
highlighting the key advice and recommendations of NEJAC, capturing the major NEJAC
milestones and reports during this period, and examining EPA's responses and changes that
have occurred within the Agency thanks to NEJAC efforts. This report was prepared by
conducting a review of past NEJAC advice and recommendations, and conversing with sixty
(60) current and former EPA officials and NEJAC members.
MAJOR NEJAC ADVICE AND RECOMMENDATIONS
NEJAC has provided advice and recommendations to EPA on a large and diverse number of
environmental justice issues over this 20-year period. Its recommendations have served to
influence every EPA program area, and had a tremendous impact on the maturation of
environmental justice within EPA and throughout the United States due to the critical
leadership role EPA plays on environmental justice issues nationally. Thanks to the advice
and recommendations provided by NEJAC, the Council has often been at the forefront of
important environmental justice issues, e.g., brownfields redevelopment, cumulative risks
and impacts, urban revitalization, and the impact of climate change on communities. The
result is that NEJAC has helped to achieve a visible difference in communities across the
United States.
Over the past 20 years, the NEJAC's influence and impacts have benefited EPA and other
stakeholders in the following key areas:
PRACTICING MEANINGFUL ENGAGEMENT
Throughout its existence, NEJAC has stressed and strongly encouraged the need to
meaningfully engage communities, especially underserved, overburdened, and
underrepresented populations. NEJAC's work in this area includes:
Developing the pioneering Model Plan for Public Participation;
Convening a roundtable to discuss environmental justice issues in the U.S.-Mexico Border
region; and
Addressing community engagement issues around federal facilities.
ENCOURAGING EQUITABLE DEVELOPMENT, REVITALIZATION, AND LAND USE
NEJAC understands that environmental justice is not limited to community engagement and
community clean-up. Equally important, the Council realizes sensitivities to environmental
justice carry through to community recovery and redevelopment. NEJAC work in this area
includes:
Ensuring that environmental justice concerns were incorporated into EPA's Brownfields
Redevelopment Initiative and associated grants program; and
Addressing community concerns about unintended adverse impacts that resulted during
EPA's cleanup, redevelopment, and revitalization efforts.
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EXPANDING COMMUNITY CAPACITY FOR PROBLEM-SOLVING
NEJAC believes that building the capacity of communities and enhancing their ability to
meaningfully participate in the improvement of their communities is critical to any effort to
address environmental justice concerns. NEJAC work in this area includes:
Supporting the EPA Community Action for a Renewed Environment (CARE) program; and
Examining mechanisms to monitor air toxics in school communities and best practices for
ensuring that school communities are engaged about efforts to identify and address air
toxics.
EXPANDING RESEARCH AND ASSESSING RISKS
NEJAC stresses that effective research and an assessment of risks are critical to addressing
environmental justice. The Council's work in this area includes:
Addressing cumulative risks and impacts in response to EPA's Cumulative Risk
Assessment Framework; and
Identifying ways to integrate environmental justice into EPA's Research Enterprise.
ENHANCING REGULATORY AUTHORITIES AND POLICIES
NEJAC has urged EPA to enhance and improve its regulatory authorities and policies to
protect the health of vulnerable communities. Examples of the cutting edge NEJAC work in
this area include:
Outlining best practices for developing a Superfund Permanent Relocation Policy for low-
income and minority residents living in proximity to toxic waste sites;
Advising on the development of guidance on the siting and operations of waste transfer
stations in disadvantaged communities;
Urging EPA to define legal authorities under its various environmental statues to address
environmental justice issues;
Urging the development of nationally consistent environmental justice screening tools;
and
Advising on how to better integrate environmental justice into permitting programs.
IMPROVING RELATIONS WITH TRIBAL GOVERNMENTS AND INDIGENOUS PEOPLES
NEJAC has assisted EPA in developing effective government to government relationships
with federally recognized tribes, and in developing effective relationships with all other
indigenous peoples to address their environmental justice concerns. This work includes:
Producing a Guide on Consultation and Collaboration with Indian Tribal Governments and
Indigenous Peoples, and the Public Participation of Indigenous Groups and Tribal
Members in Environmental Decision Making;
Outlining how EPA could assist tribes in providing meaningful public involvement as they
develop and implement federally-approved tribal environmental regulatory programs;
Reviewing EPA's draft Policy on Environmental Justice for Tribes and Indigenous Peoples;
and
Advice on Fostering Environmental Justice for Tribes and Indigenous Peoples, as well as
advice on the draft policy on EJ for tribes and indigenous peoples, and helped inform the
development of the EPA Policy on Environmental Justice for Working with Federally
Recognized Tribes and Indigenous Peoples.
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PROMOTING STRATEGIES TO REDUCE THE IMPACTS OF GOODS MOVEMENT
ACTIVITIES
NEJAC focused on ways in which EPA can support reducing pollution and its impacts on
communities with environmental justice concerns living near facilities. NEJAC advised EPA on
ways in which it could:
Reduce air pollution from goods movement, with a focus on the pollution impacts on
communities with environmental justice concerns living near goods movement facilities.
IMPROVING EMERGENCY PREPAREDNESS, PREVENTION, AND RESPONSE
In the aftermath of the 2005 Gulf Coast Hurricanes, NEJAC provided advice and
recommendations to help EPA better address concerns of communities that have been, as
well as may be in the future, impacted by emergency events and disasters. NEJAC has
provided critical advice to EPA regarding:
Changing EPA emergency management procedures to ensure environmental justice
concerns are adequately addressed for future major emergency events;
Ensuring communities are engaged in the planning and responseto such events, and
Improving Agency preparedness and response to chemical plant disasters.
CLIMATE CHANGE AND HEALTH
In recent years, NEJAC has provided constructive advice about the public health dangers of
climate change, particularly for vulnerable communities. NEJAC work in this area includes:
Taking proactive action to address the effects of storm surges on industrial waterfront
communities; and
Addressing climate change as part of on green business and sustainability efforts,
working with indigenous communities, and as part of EPA's Clean Power Plan.
NEJAC 20-Year Retrospective Report | 8
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CONCLUSIONS
It is clear from the brief examples above that NEJAC has been a tremendous asset to EPA
and many stakeholders over its first 20 years. In addition to its primary role to provide
advice to EPA, the Council has helped to create a significant and abiding sensitivity to
environmental justice throughout EPA by creating a forum for affected stakeholders, and
conducting meetings in locations with significant environmental justice concerns. The NEJAC
brings together representatives of diverse and divergent stakeholder groups, such as
affected communities, academic institutions, business and industry, state and local
government, tribal government and indigenous organizations, and non-governmental and
environmental organizations, to deliberate on key environmental justice issues. The unique
cross-stakeholder perspective made possible by this diverse representation means that
NEJAC advice and recommendations have had a significant impact on EPA programs,
policies, and activities --from brownfields cleanup to emergency management to climate
change. It has, perhaps just as importantly helped to educate other stakeholders about EPA,
and the importance of addressing environmental justice issues. EPA and NEJAC have created
a successful partnership which has helped to put a real face on environmental justice at EPA
and throughout the country.
While this retrospective report documents how, during its first 20 years, NEJAC has
significantly impacted the consideration of environmental justice by the Agency, this
important advice to EPA is still needed. In fact, as NEJAC completed its twentieth year of
operation in 2014, it was already at work addressing more recent environmental justice
challenges, such as:
Providing advice to EPA on its Clean Power Plan;
Providing advice to EPA as it implements EJSCREEN, an on-line tool for environmental
justice mapping and screening; and
Exploring youth perspectives on climate justice.
NEJAC's critical advice to EPA driving forward environmental justice considerations and
advancements must continue in the future. NEJAC, in partnership with EPA, is already off to
a great start on that future.
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INTRODUCTION
The massive protests in 1982 over the designation of a
predominantly African-American community in Warren
County, North Carolina as the site of a hazardous waste
landfill, is often regarded as the beginning of the
environmental justice movement. It brought the issues of
environmental justice into the national spotlight. Although
the protest failed to prevent the siting of the landfill, it
triggered various reports by the U.S. General Accounting
Office and the United Church of Christ's Commission for
Racial Justice which found that hazardous waste landfill
sites were located mostly in poor African-American and
Latino communities and that race was the most significant
factor in the siting of hazardous waste facilities.1, 2 In
responseto public concerns, the U.S. Environmental
Protection Agency (EPA) created the Office of Environmental
Justice (initially named the Office of Environmental Equity)
in 1992 and implemented a new organizational
infrastructure to integrate environmental justice
considerations into EPA's policies, programs, and activities.
To further strengthen the program, the Agency also
established the National Environmental Justice Advisory
Council (NEJAC) on September 30, 1993 by charter
pursuant to the Federal Advisory Committee Act (FACA).
The NEJAC was created to help strengthen EPA programs by
providing input from a diverse group of stakeholders about
a broad range of environmental justice issues.
pCBj^ROTESTS
1 Toxic roads
tmoved"V landfill
2 mi. E.. 1982- Protests
¦ sparked environmental
[ justice movement in U.S.
Warren County, NC landfill marker
The NEJAC conceptrose out of a
set of recommendations torn the
Michigan Coalition in 1990. ...this
early vision of a foundational tool for
communities... has become the
liaison to EPA for capturing the
impacts, opportunities, and solutions
tor addressing environmental public
health concernsfaced daily by our
most vulnerable, overburdened and
underserved communities throughout
the US.'
---Mustafa Santiago AW, Assistant
Associate Administrator and Senior
Advisor for Environmental Justice and
Community Revitaiization to EPA
Administrator Gina McCarthy
For two decades, NEJAC has been instrumental in providing
advice and recommendations to the EPA about how to best
address environmental justice concerns across the country.
EPA commissioned this report to document and highlight
the impact of NEJAC's role, advice, and recommendations over the past 20 years that have
shaped specific EPA programs, policies, and activities.
1 General Accounting Office (1983). Siting of Hazardous Waste Landfills and Their Correlation with Racial and Economic status of
Surrounding Communities.
2 The United Church of Christ's Commission for Racial Justice (1987). Report on Toxic Wastes and Race in the United States.
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NEJAC OVERVIEW
The NEJAC was established to provide independent advice and recommendations to the EPA
Administrator with respect to
integrating environmental
What is Environmental Justice?
Environmental justice is the "fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or incomewith respect to the development,
implementation, and enforcement of environmental laws, regulations, and policies."
Fair treatment means that no group of people should bear a disproportionate share of the
negative environmental consequences resulting from industrial, governmental and
commercial operations or policies.
Meaningful Involvement means that:
People have an opportunity to participate indecisions about activ ities that may affect their
environment and/or health;
The public's contribution can influence the regulatory Agency's decision;
Their concerns will be considered in the decision making process; and
The decision makers seek out and facilitate the involvement of those potentially affected.
justice considerations into EPA's programs, policies, and day-to-day activities. The NEJAC,
comprised of up to 29 members, is composed of a diverse group of people from community-
based organizations, business and industry, academic and educational institutions, state and
local governments, tribal governments and indigenous organizations, and non-governmental
and environmental organizations. The appointment of members is given careful
consideration to ensure a balanced perspective of a diverse stakeholder group is
represented. Members have staggered terms, and the membership is rotated to provide the
widest participation possible by the greatest number of stakeholders.
"My role is not to set the
agenda, but instead to receive
advice. I hope that the Council
will take a strong stand and
make bold recommendations
to EPA and other agencies."
-Former
EPA Administrator Carol M.
Browner
The issues around environmental justice are often complex
and involve strongly divergent viewpoints. The NEJAC
generally meets in person twice each year, in addition to
several teleconference calls, focusing on cutting-edge topics
about human health and environmental conditions in all
communities, in particular minority populations and low-
income populations.
From its establishment in 1993 to 1999, NEJAC generated a
number of products and provided consensus advice to help
the Agency focus its environmental agenda, including hosting
several public dialogues and roundtable meetings. For
example, during the summer of 1995, public dialogues were conducted in five major cities
concerning possible solutions to urban crises resulting from the loss of economic
opportunities caused by pollution and the relocation of businesses. These dialogues affirmed
that people of color and low income communities always have had concerns about their built
environment. The meetings were intended to provide an opportunity, for the first time, for
environmental justice advocates and residents of impacted communities to systematically
provide input regarding issues related to EPA's Brownfields Economic Development Initiative.
To gather input from community stakeholders on specific issues, NEJAC conducted various
Roundtable meetings across the country. For instance, in May 1996, NEJAC and EPA co-
sponsored a Roundtable on Superfund Relocation issues in Pensacola, FL, to help EPA
determine how relocation should be considered in low-income and minority communities
NEJAC 20-Year Retrospective Report | 11
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during any cleanup decision. The first and second NEJAC/EPA Enforcement Roundtables were
held in October 1996 and December 1997 in in San Antonio, Texas and Durham, North
Carolina, respectively. The first Roundtable on Environmental Justice on the U.S.Mexico
Border was held on August 19-21, 1999 in National City, California in an effort to provide
guidance to EPA regarding international issues related to environmental justice.
On November 16, 2001, EPA approved the NEJAC Strategic Plan. 3-4 This Strategic Plan was
designed to cover a two year period. It was premised on NEJAC's belief that it can best
promote environmental justice and fulfill its mission by refocusing its processes and products
on public policy issues, while redirecting site-specific issues, to the EPA Regional Offices,
who have the responsibility and authority to address these types of issues. NEJAC agreed
that it would provide advice to EPA via reports, letters, resolutions, and informal advice.
NEJAC agreed to meet approximately twice a year. Each meeting will include opportunities
for public comment that ensure reasonable time for all members of the public to provide
comments. NEJAC will make every effort to reach consensus on the advice to be rendered to
the EPA Administrator on the public policy issues discussed. In 2007, NEJAC also
incorporated public teleconference meetings as a method to expand public participation at its
meetings beyond the two in-person meetings held annually.
As a Federal Advisory Committee, NEJAC is governed by the provisions of the Federal Advisory Committee Act of
October 6, 1972, which require that all members attend and participate in NEJAC meetings; meetings must be open b
the public; meetings must be announced in the Federal Register: public meetings must allow public participation;
materials distributed during the meeting must also be available to the public; meeting minutes must be kept and made
available b the public; a Designated Federal Officer (DFO) must be present at meetings; and NEJAC must provide
independent advice and recommendations. The NEJAC provides an environment for all parties to express their
concerns and to formulate independent cogent and timely advice and recommendations to EPA on major public policy
issues. In addition, the diverse makeup of NEJAC allows for advice and recommendations that are multidisciplinary
and reflect a variety of stakeholder perspectives. In these ways, NEJAC assists in integrating environmental justice into
EPA's Dolicies. Droarams. and activities.
3 Nation a I Environmental Justice Advisory Council (November 2001). National Environmental Justice Advisory Council Strategic
Plan.
4Hill, Ba rry (November 2001). Letter in response to the National Environmental Justice Advisory Council Strategic Plan.
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NEJAC INFLUENCE AND IMPACTS OF ADVICE AND RECOMMENDATIONS:
A RETROSPECTIVE ANALYSIS
Since its inception, NEJAC has played an important role ensuring that EPA is appropriately
addressing issues that affect communities disproportionately impacted by environmental
hazards. As an advisory body consisting of representatives of a broad spectrum of
stakeholders, NEJAC has provided consensus advice and recommendations to the Agency for
creative and collaborative strategies to better address the human health and environmental
protection needs of vulnerable, disadvantaged and underserved communities. It also has
helped to ensure that the goal of environmental justice is being integrated into Agency
policies, programs, and activities.
The NEJAC has also played an essential role in shaping the perspectives of the people whose
lives NEJAC has touched. Several former and current members of the NEJAC and EPA staff
have praised the knowledge and opportunities that they have obtained due to the NEJAC, as
it brings diverse stakeholders and EPA together in constructive ways to address
environmental justice issues. It serves as a forum in which multidisciplinary stakeholders
collaborate to share insights, knowledge, and experience. NEJAC members take this acquired
leadership experience, knowledge, and relationships to their respective communities and
organizations to solve environmental justice concerns, such as Harold Mitchell's leadership to
positively transform Spartanburg, South Carolina. Former members of the NEJAC and its
subcommittees and workgroups have also continued to pursue their passion in
environmental justice by joining the EPA, including Charles Lee, Mathy Stanislaus, and
Andrew Sawyers. Drawing on their real world experience, these individuals have then
improved the ability of EPA to integrate environmental justice into its programs, policies, and
activities.
The NEJAC has also been instrumental in bringing cutting-edge and emerging issues to the
Agency's attention, as it provides an important outside perspective from stakeholders to
whom the EPA staff would otherwise not have access. These perspectives greatly assist EPA
in addressing environmental justice issues. Since the members provide a real world
perspective and experience, the NEJAC can ground-truth the issues with EPA and other
organizations. Moreover, the NEJAC has also played a significant role in educating and
sensitizing EPA managers and staff on environmental justice and the needs of tribal
governments and indigenous communities. It has made EPA personnel more aware of the
issues that are pertinent to communities with environmental justice concerns.
The nature of the NEJAC, including its composition, function, and operation, promotes
"themes" of community engagement, leadership development, capacity building, diversity,
and forward thinking. This report explores and highlights how NEJAC advice and
recommendations have influenced and had an impact on the integration of environmental
justice considerations into EPA programs, policies, and activities, as well as communities
with environmental justice concerns benefiting from NEJAC's influence on Agency decisions.
This information is gathered from reports produced by the NEJAC as well as information
provided by various NEJAC and EPA stakeholders.
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PRACTICING MEANINGFUL ENGAGEMENT
Meaningful engagement is one of the two key components of achieving environmental
justice and requires that all potentially affected stakeholders have the opportunity to actively
participate during the whole decision-making process and that their concerns are considered
as decisions are made. This is a key component of most, if not all, NEJAC advice and
recommendations. The NEJAC stresses and strongly encourages the need to meaningfully
engage communities, especially those underserved, overburdened and under-represented
that have been disproportionately impacted by environmental hazards. The NEJAC has
provided significant advice and recommendations which have contributed to EPA's
community engagement, stakeholder involvement, and management policies and
procedures.
THE MODEL PLAN FOR PUBLIC PARTICIPATION
One of the earliest examples of NEJAC's impact on practicing meaningful engagement is the
Model Plan for Public Participation (1996). In order to ensure that decisions affecting human
health and the environment embrace environmental justice considerations, NEJAC requested
that its Public Participation and Accountability Subcommittee develop a Model Plan for Public
Participation in 1994.5 The Model Plan (Updated in 2000 and 2013) contains the critical
elements for conducting public participation (preparation, participant logistics, and
mechanics), core values and guiding principles for public participation, and an environmental
justice public participation checklist for government agencies. The revised model plan
(January 2013), renamed the Model Guidelines for Public Participation6, also complements
the EPA's first environmental justice strategic plan, Plan EJ 2014, the roadmap intended to
help EPA integrate environmental justice into the Agency's programs, policies, and activities.
Several current and former NEJAC members and EPA officials noted that the Model Plan (in
all its incarnations) has been broadly used by a wide variety of stakeholder groups, e.g.,
community based organizations, state and local officials, and private sector organizations.
The Model Plan has also been very helpful to EPA officials.
MECHANISMS TO ENHANCE STAKEHOLDER INVOLVEMENT AND MANAGEMENT
5 Nation a I Environmental Justice Advisory Council (February 2000). The Model Plan for Public Participation.
6 National Environmental Justice Advisory Council (January 2013). Model Guidelines for
Public Participation: An Update to the 1996 NEJAC Model Plan for Public Participation.
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The significance of practicing meaningful engagement
with communities with environmental justice concerns
and other stakeholders is further demonstrated when EPA
requested, (December 29, 2005), that the NEJAC provide
advice and recommendations on how EPA could improve
and enhance its stakeholder involvement and
engagement mechanisms to achieve environmental
justice for all communities. Specifically, EPA asked the
NEJAC what venues or methods EPA could use to obtain
public policy advice; how to receive timely counsel on
concerns that require decisions on short notice; and what
best mechanisms could be used to build a collaborative
problem-solving capacity among EPA's regulatory
partners and environmental justice stakeholders. In
response, the NEJAC submitted a letter report on August
10, 2006, entitled Future Mechanisms to Enhance
Stakeholder Involvement and Engagement to Address
Environmental Justice, which recommended several
mechanisms for collaborative, interactive EPA policy
development and practical means to obtain fast-tracked,
yet informed advice on topical issues. NEJAC also
recommended that EPA continue to support the NEJAC as
the primary public policy advice mechanism on
environmental justice issues and concerns.7
In addition, NEJAC recommended that EPA do the
following:
EPA should work with other organizations to support
listening sessions, symposia, workshops, conferences, and other forums on
environmental justice-related subjects. Such venues have the dual purpose of ensuring
continued community and stakeholder input to EPA and other government agencies, and
just as important, provide an opportunity for different groups to interact with each other.
EPA and others can conduct these forums in the context of ongoing programmatic
activities of EPA and in collaboration with other governmental and non-governmental
organizations.
EPA should explore the idea of supporting in, collaboration with other organizations, a
biennial conference on environmental justice. The purpose of such a conference will be to
provide a venue for providing information and dialogue regarding current and new
initiatives, policy and program developments, new research, new collaborations, lessons
learned, and best practices. It also can serve as an excellent venue to conduct training.
On February 2, 2007, EPA responded to the NEJAC recommendations, noting that8 EPA
continues to build the capacity of its regulatory partners and environmental justice
stakeholders to engage in constructive and collaborative problem-solving to address
7 National Environmental Justice Advisory Council (August 2006). Future Mechanisms to Enhance Stakeholder Involvement and
Engagement to Address Environmental Justice.
8 Nakayama, Granta. (February 2007). Letter in response to Future Mechanisms to Enhance Stakeholder Involvement and
Engagement to Address Environmental Justice.
As we look to the 21st century, what
endeavor could possibly be more
obviously logical and deserving of
our national attention, expertise,
and resources; or moremeaningtul
and spiritually nourishing than that
of revitalizing America's urban areas
and ensuring healthy and
sustainable communitiesboth
urban and rural. A challenge so
great as this cannot be met without
compelling visions of what
constitutes healthy and sustainable
communities. We have found that
such visions already exist in highly
coherent and vibrant ways within
many communities across the
nation."
-- Charles Lee, Deputy Associate
Assistant Administrator for Environmental
Justice, Office of Enforcement and
Compliance Assurance
NEJAC 20-Year Retrospective Report | 15
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environmental justice issues. EPA is moving forward with a host of activities, such as
providing financial assistance, training, educational materials, and incentives.
In addition to the above EPA actions in response to NEJAC's advice and recommendations,
the Federal Interagency Working Group on Environmental Justice (EJ IWG), chaired by EPA,
traveled around the country to conduct listening sessions with communities with
environmental justice concerns. Community leaders often attended EJ IWG meetings to
provide federal agencies with information regarding environmental justice issues in their
community and how agencies can be involved to address these issues. Furthermore, due to
the NEJAC's continuous push for meaningful engagement and collaborative problem-solving
capacity, EPA has embraced the Model Guidelines for Public Participation and incorporated
the recommendations from Future Mechanisms to Enhance Stakeholder Involvement and
Management9 when addressing environmental justice concerns. This emphasis on practicing
meaningful engagement with communities with environmental justice concerns has impacted
the processes guiding how EPA interacts with communities.
ENFORCEMENT ROUNDTABLES
An example of EPA actively and meaningfully engaging community stakeholders of concern
includes the Enforcement Roundtables in 1996-1997 to enhance public participation and
involvement in enforcement and compliance activities. NEJAC recommended that EPA hold
enforcement roundtables. These successful Roundtables also allowed community
organizations and government agencies to share strategies for responding to environmental
justice concerns. Consequently, EPA and NEJAC co-sponsored the first Enforcement
Roundtableon October 17-19, 1996 in San Antonio, Texas. 10 The Roundtable resulted in
recommendations on the development of policies to enhance public participation in
enforcement and compliance activities. In addition, a second Enforcement Roundtable was
conducted on December 1997 in Durham, North Carolina.
The participants of the Enforcement Roundtables, which included individuals and
representatives of local community grassroots organizations; business and industry; federal,
state, tribal, and local agencies; and members of the NEJAC, provided a set of
recommendations to EPA. Recommendations agreed upon by participants included the
following:
EPA needs to hold states accountable when enforcement authority is delegated to the
states.
EPA needs to ensure community involvement and participation in the implementation,
evaluation, and modification of environmental programs.
EPA should work to increase state participation in future Enforcement Roundtable
Meetings.
EPA should strengthen community monitoring of enforcement and compliance activities.
9 National Environmental Justice Advisory Council (August 2006). Future Mechanisms to Enhance Stakeholder Involvement and
Engagement to Address Environmental Justice.
10 Nation a I Environmental Justice Advisory Council (October 1996). Report of the Environmental Justice Enforcement and
Compliance Assurance Roundtable.
NEJAC 20-Year Retrospective Report | 16
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In response to the recommendations, EPA has made a conscious effort to host open
dialogues with communities so that communities can actively participate in the
implementation and evaluation of environmental programs. For example, EPA invites
stakeholder comments on changes to its policies, programs, and activities.
In addition, EPA works in partnership with states to create a State Review Framework (SRF)
to consistently assess EPA and state enforcement of the Clean Water Act (CWA), the Clean
Air Act (CAA), and Resource Conservation and Recovery Act (RCRA). Designed
collaboratively in 2004 by EPA and the Environmental Council of the States (ECOS),the SRF
reports allow EPA to identify recommendations for improvement to ensure fair and
consistent enforcement and compliance programs across the states. EPA Plan EJ 2014 also
emphasizes the Office of Enforcement and Compliance Assurance's role to effectively inform
communities of enforcement activities.
ENVIRONMENTAL JUSTICE ISSUES ON THE U.S. - MEXICO BORDER
Another example of how NEJAC advice and recommendations regarding meaningful
participation have impacted EPA is documented in the NEJAC Report, Unheard Voices from
the Border: A Report on Environmental Justice in the U.S.-Mexico Border Region from the
Past to the Future.11 Although it does not convey formal consensus recommendations, the
report of the joint EPA-NEJAC Roundtableon U.S. -Mexico border environmental justice
issues reflected recommendations offered by participants of the Roundtable, including NEJAC
members:
Improve public participation processes by building community capacity and promoting
reform of U.S., Mexican, and international institutions, including the North American
Commission for Environmental Cooperation, and agencies such that community input is
better taken into account in programmatic priorities.
Broaden environmental protection programs at the border beyond water infrastructure
issues.
Strengthen and improve coordination of national and cross-border environmental
enforcement efforts.
Strengthen tribal government capacity and involvement in programs of the U.S., Mexico,
and international border institutions.
Improve the incorporation of community voices and environmental justice issues in
sustainable development efforts at the border.
Continue to address site-specific issues, including illegal hazardous waste sites on both
sides of the border.
Acting upon the recommendations from the Roundtable, EPA and Mexico's Secretaria de
Medio Ambiente y Recursos Naturales have been collaborating on various activities to better
address the environmental issues at the border. For example, the U.S.- Mexico Border 2012
Program emphasized regional, bottom-up approaches for decision-making, priority setting,
11 National Environmental Justice Advisory Council (May 2003). Unheard Voices from the Border: A Report on Environmental
Justice in the U.S.Mexico Border Region from the Past to the Future.
NEJAC 20-Year Retrospective Report | 17
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and project implementation to address the environmental and public health problems in the
border region (as does the current U.S.-Border Program 2020). The Program also conducted
activities to reduce air and land contamination, including community cleanups and improved
readiness and emergency response.12 The Border 2012 and 2020 programs also continue to
encourage meaningful participation from communities and local stakeholders.
FEDERAL FACILITIES
Meaningful engagement is further emphasized in NEJAC's advice and recommendations
regarding environmental justice issues in communities living in close proximity to federal
facilities. NEJAC requested that EPA approve the creation of a workgroup to address these
issues during a NEJAC meeting in May 2000. In October 2004, NEJAC issued a report to the
EPA, which presented recommendations with the goal of improving relationships between
federal facilities, communities, regulators, and other stakeholders involved in the cleanup of
federal facilities.
NEJAC recommended that EPA and other Federal agencies do the following13:
Conduct detailed assessments of cultural differences at communities with environmental
justice concerns in close proximity to federal facilities.
Encourage the translation of documents into common languages. Translators are
encouraged to be present at all federal facility advisory board and public meetings.
Provide and/or support additional health services, including specialized care, to
communities where federal facilities released significant quantities of hazardous
substances.
Encourage the determination of whether affected communities with environmental justice
concerns have sufficient capacity to oversee federal facilities cleanup programs
constructively and continuously.
When capacity is an issue within these communities, funding should be commensurate
with the anticipated level of activity and assistance should be designed to enable
communities with environmental justice concerns to develop priorities, explore issues,
and make independent recommendations.
Encourage the design and implementation of an internship program that provides college
students from communities with environmental justice concerns appropriate work
experience.
Encourage and reinforce the need for tangible opportunities for community residents who
are not members of the Advisory Board to participate fully in discussions and decision-
making regarding cleanup activities.
In response to these recommendations, EPA's Office of Land and Emergency Management
(OLEM), formerly the Office of Solid Waste and Emergency Response, worked directly with
three federal facilities in EPA Regions 4, 6, and 10 to serve as "case studies," In its response
12 U.S. Environmental Protection Agency (2012). Border2012 Accomplishments Report (2010-2012): U.S. - Mexico
Environmental Program.
13 National Environmental Justice Advisory Council (October 2004). Environmental Justice and Federal Facilities:
Recommendations for Improving Stakeholder Relations between Federal Facilities and Environmental Justice Communities.
NEJAC 20-Year Retrospective Report | 18
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on September 2005,14 EPA concurred with NEJAC's recommendations. In particular, EPA
agreed that better communications were needed between communities with environmental
justice concerns and regulators, and have implemented cultural sensitivity training. In
addition, when working on environmental justice issues relating to federal facilities, EPA
conducts detailed assessments of cultural differences in communities in close proximity to
federal facilities. Local community members and minority stakeholders are also added to
Advisory Boards and state/EPA staffs. EPA also participates in community meetings, and
uses common language in meetings and documents to explain technical terms and
processes. EPA also creates and implements opportunities to provide input in decision-
making processes, including public meetings, the site investigation phase, site feasibility
study or corrective measures phase, and cleanup phase. EPA also committed to help
community groups obtain resources through sources such as Technical Assistance Services
to Communities or the Environmental Justice Grant Programs, as well as to provide new and
consistent opportunities to help communities facing environmental justice issues to influence
decisions at federal facilities undergoing cleanup actions.
ENSURING LONG-TERM ENGAGEMENT OF COMMUNITIES IN GULF COAST
ECOSYSTEM RESTORATION
Keeping impacted communities actively and meaningfully involved after disasters can help
communities recover from the aftermath of such disasters. Following the devastation of
Hurricane Katrina and the Deepwater Horizon Oil Spill on the Gulf Coast, President Obama
issued Executive Order 13554 in October 2010, which created the Gulf Coast Ecosystem
Restoration Task Force to coordinate responsibilities, planning, and exchange of information
to better implement Gulf Coast ecosystem restoration and to facilitate appropriate
accountability and support throughout the restoration process. EPA asked the NEJAC to
provide advice and recommendations about how to best ensure the long-term engagement
of communities in the Gulf Coast ecosystem restoration efforts. In response to the task, the
NEJAC formed a WorkGroup, comprised of public and private sector stakeholders, and
produced a report entitled, Recommendations to Ensure the Long-Term Engagement of
Communities in Gulf Coast Ecosystem Restoration in July 2011. Key recommendations from
the report include15:
Coordinate multi-stakeholder efforts to avoid confusion and make it easier for people to
participate. Specifically, designate an entity to be responsible for overseeing and
coordinating centralized, interagency community engagement efforts within federal
initiatives.
Create a broad based citizen advisory group to advise governments, including any new
Council or regional bodies, about policies, funding allocations, megaprojects, and other
broad decisions.
Work with both Federally Recognized and Non-Recognized Tribes.
Define the scope and focus of ecosystem restoration efforts, recognizing that people and
communities are part of the ecosystem, and ensuring the diversity of input and opinions.
14 Environmental Protection Agency (September 30, 2005). EPA Response to National Environmental Justice Advisory Council
Federal Facilities Recommendations. (https://www.epa.gov/sites/production/files/documents/hq_and_regnl_rspns.pdf)
15 National Environmental Justice Advisory Council (July 2011). Recommendations to Ensure the Long-Term Engagement of
Communities in Gulf Coast Ecosystem Restoration.
NEJAC 20-Year Retrospective Report | 19
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Address obstacles to participation and engagement by promoting innovative approaches
to engaging community members and addressing language access issues and
understanding the impact of cultural differences on engagement.
Address inconsistent messages and information.
As a result of NEJAC advice and its emphasis on the importance of continuing to engage
environmental justice stakeholders, EPA has sent Agency representatives to impacted areas
following disasters to engage with environmental justice stakeholders to ensure that they
are included in the response decisions. Communities have been able to work with Agency
representatives to voice environmental justice concerns and share their thoughts on how
their communities should be rebuilt following disasters.
The importance of actively practicing meaningful engagement with environmental justice
stakeholders is emphasized in all NEJAC advice and recommendations. Community
engagement is further emphasized in NEJAC's advice and recommendations on EPA's
relationship with indigenous peoples and tribal governments. NEJAC's strong emphasis on
the importance of actively communicating and informing communities and listening to their
concerns related to disasters has been one of the strongest influences on Agency staff,
policies, programs, and activities.
ENCOURAGING EQUITABLE DEVELOPMENT, REVITALIZATIO N, AND LAND
USE
When the environmental justice movement was in its infancy, citizens expressed concerns
about being "overburdened by pollution." Some of the concerns included untenable practices
in housing, land use, infrastructure, and sanitation. Mindful of the sentiments expressed by
impacted communities, the NEJAC understood environmental justice is not limited to
community engagement and community clean-up. Equally important, the Council realized
sensitivities to environmental justice carry through to community recovery and
redevelopment. Within two years of being established, the NEJAC began examining the
environmental benefits of urban redevelopment while emphasizing the best outcomes would
come about through an inclusive process. In retrospect, the NEJAC was advocating for
'equitable development'. The Council had the foresight to appreciate the redevelopment of
existing communities while realizing it is important to manage impacts that may
disproportionately burden vulnerable populations. The following reports are an important
reminder of how'forward-thinking'the NEJAC has been.
EPA'S BROWNFIELDS PROGRAM
NEJAC 20-Year Retrospective Report | 20
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'In my experience, a remarkable
thing happens in NEJACwork
groups. The groups are always
well balanced among grassroots,
government and business
experts. Hard and serious issues
are discussed in an atmosphere
of respect and willingness to
learn. The results are a strong,
durable and pragmatic
consensus. I've seen this happen
on brownfields, pollution
prevention, cumulative risk, and
other important policy issues."
-Sue Briggum, Vice President, State
and Federai Policy, Waste
One of these EPA program areas where NEJAC advice and
recommendations have had a tremendous impact is the
national brownfields program administered by OLEM.
Brownfields are real property, where the expansion,
redevelopment or reuse is complicated by the presence or
potential presence of a hazardous substance, pollutant, or
contaminant. The NEJAC advice and recommendations
resulted in a significant expansion in program capacity for
the EPA brownfields program and for thousands of
communities benefiting from this program to assess,
cleanup, and redevelop these properties. These commercial
and industrial properties are often located in low-income
communities, communities of color, and indigenous
communities, and these sites can have adverse impacts on
such communities and their residents. NEJAC wanted to
engage in the implementation of this new brownfields
program because of concerns about the impact of the
assessment and cleanup of these sites in disadvantaged
communities. NEJAC sought to provide input on what the
vision for brownfields redevelopment should look like; and ensure that environmental justice
principles were being applied during program implementation.
In 1995, the NEJAC recommended to EPA that public meetings be held on the specific issues
surrounding the revitalization of brownfields to provide new jobs, the elimination of the
problems associated with abandoned buildings and other properties, and efforts to help
establish sustainable communities. That year, the NEJAC Waste and Facility Siting
Subcommittee and the U.S. EPA co-sponsored a series of public meetings called the Public
Dialogues on Urban Revitalization and Brownfields: Envisioning Healthy and Sustainable
Communities. These Public Dialogues were held in five cities: Boston, Massachusetts;
Philadelphia, Pennsylvania; Detroit, Michigan; Oakland, California; and Atlanta, Georgia.
They were intended to provide an opportunity, for the first time, for environmental justice
advocates and residents of impacted communities to systematically provide input regarding
issues related to the EPA's Brownfields Economic Redevelopment Initiative, which was
announced in January 1995. The dialogues resulted in the report Environmental Justice,
Urban Revitalization, and Brownfields: the Search for Authentic Signs of Hope, which was
published in December 1996.16
16 National Environmental Justice Advisory Council (December 1996). Environmental Justice, Urban Revitalization, and
Brownfields: the Search for Authentic Signs of Hope.
NEJAC 20-Year Retrospective Report | 21
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More than 500 persons from community groups, government agencies, faith groups, labor,
universities, businesses, and other institutions participated in the five Public Dialogues.
Public concerns were raised about the still evolving brownfields initiative. Asa result of the
input from the Public Dialogues, EPA took action to significantly improve its brownfields
initiative to ensure that environmental justice considerations were explicitly incorporated
into the national brownfields program. For example, it
revised the award criteria for applying for Brownfields
pilot grants, increasing the weight provided for the
extent of community involvement, and environmental
justice considerations were increased. Also, EPA
initiated several Brownfields pilots in conjunction with
the Department of Health and Human Services (HHS)
where the focus was on an assessment of health risks
associated with brownfields revitalization. EPA agreed to
create a Brownfields Job Training Grants Program
targeted toward residents living in proximity to
brownfield sites. This later led to the creation of the EPA
Superfund Job Training Initiative, and the
Environmental Workforce Development Job Training
Program. The NEJAC recommendations also led to the
creation of the EPA National Brownfields Conference,
held annually and attended by thousands of
stakeholders, and the Brownfields Showcase
Communities initiative. The Showcase Communities
Initiative provided for the coordinated involvement by Federal agencies in addressing
contaminated land reuse.
Because NEJAC was at the forefront of this issue in 1995, EPA's brownfields program
continues today to provide grants and technical assistance to communities, states, tribes,
and other stakeholders, giving them the resources they need to prevent, assess, safely
cleanup, and sustainably reuse brownfields. This program serves to protect public health and
the environment, facilitate job growth, reduce blight, and take development pressure away
from green spaces. The NEJAC advice and recommendations served to make a significant
contribution to this program's success. This NEJAC contribution was consistently noted by
EPA and NEJAC officials as a success story when discussions were conducted regarding this
report. Due to this EPA and NEJAC collaboration on a vision for the brownfields program, this
program was codified into Federal brownfields legislation on January 11, 2002, and
continues to be implemented as a successful national program at present.
UNINTENDED IMPACTS OF REDEVELOPMENT AND REVITALIZATION EFFORTS
ENVIRONMENTAL JUSTICE, URBAN REVITALIZATION.
AND BROWNFIELDS:
THE SEARCH FOR AUTHENTIC SIGNS OF HOPE
A Report on the
"Public Dialogues on Urban Revitalization and Brownfields:
Envisioning Healthy and Sustainable Communities"
I
Cover of the Environmental Justice, Urban
Revitalization, and Brownfields: the Search for
Authentic Signs of Hope Report
NEJAC 20-Year Retrospective Report | 22
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In evaluating the success of the Brownfields Program, the EPA
requested that NEJAC examine community concerns about
unintended adverse impacts that had resulted during EPA's
cleanup, redevelopment, and revitalization efforts. The
NEJAC Work group focused its data gathering in five
communities with environmental justice concerns: East Palo
Alto, California; Albina Community, Portland, Oregon;
Washington Navy Yard, Washington, D.C.; Cherokee Nation
in Oklahoma; and Pensacola, Florida. The NEJAC produced
a report, Unintended Impacts of Redevelopment and
Revitalization in Five Environmental Justice communities on
August 10, 2006, which provided advice and
recommendations about the unintended impacts of
successful brownfields cleanup, redevelopment, and
revitalization efforts.17 The report acknowledges that both
positive and negative outcomes did occur; however, the
adverse impacts resulting from such efforts were
unintended and in most respects, beyond EPA's control. The
report provided thinking about how to avoid or minimize
unintended adverse impacts at redevelopment and
revitalization sites.
In response to the recommendations provided by NEJAC, EPA agreed in February 2007 to
the following actions18:
Assigning EPA staff to local redevelopment and revitalization projects. EPA agreed to
provide capacity-building via the Intergovernmental Personnel Act (IPA) Program,
Technical Assistance Grants offered by the Brownfields and Superfund programs, peer-
to-peer information exchange workshops to assist nonprofit cleanup grantees, and the
utilization of site reuse teams at Superfund sites.
Meaningfully involve stakeholders as a central part of redevelopment and revitalization
efforts. For example, the Office of Superfund Remediation and Technology Innovation
(OSRTI) has a robust community involvement program dedicated to strengthening early
and meaningful community participation during Superfund cleanups.
Make a concerted effort to implement a coordinated approach to public outreach for
settings where redevelopment and revitalization issues are complex. For example, OSRTI
has utilized site reuse teams to ensure that the appropriate federal, state and local
governments are involved, and that outreach messages are consistent.
Consider addressing the cumulative impacts of environmental problems affecting
communities with environmental justice issues. The Brownfields Office established an
assessment program to assess and clean up environmental contamination from a
"I believe that the NEJAC has
evolved inb a mature
organization as evidenced by the
production of concrete and more
valuable recommendations.
NEJAC has been helptul in raising
the awareness of environmental
justice issues b EPA and the
public. NEJAC provides a view of
the extent and seriousness of
environmental justice issues."
-Dr. Shankar Prasad, Executive
Fellow, Coalition for Clean Air
W
17 Nation a I Environmental Justice Advisory Council (August 2006). Unintended Impacts of Redevelopment and Revitalization in
Five Environmental Justice communities.
18 Nakayama, Grant (February 2007). Letter in response to Unintended Impacts of Redevelopment and Revitalization in Five
Environmental Justice communities.
NEJAC 20-Year Retrospective Report | 23
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multimedia perspective, as did the former EPA community-based program, Community
Action for a Renewed Environment (CARE).
Consider initiating demographic analyses to curtail community displacement in its
redevelopment and revitalization projects. The Brownfields Office is committed to
working with communities and informing them of ways to prevent inequitable
redevelopment practices. The Brownfields Office is working to provide information to
communities regarding methods which may assist in curtailing such practices.
As part of its effort to address unintended impacts of revitalization efforts, EPA notes that
there is a limit to federal involvement in local land use planning. Within those limits, EPA and
contractor staffs participate in appropriate local land use planning processes at many
Superfund sites, with and without site reuse team involvement. This participation often
focuses on, but is not iimited to, helping the local officials understand a site's remedial
components and how they relate to any future needs for land use restrictions. It also informs
EPA of community land use needs, which may assist EPA in understanding future land uses
and how they relate to remedy decisions.
The NEJAC recommendations in this area also have had a major
impact on EPA's equitable development initiative, i.e., meeting
the needs of underserved communities by reducing disparities
while fostering places that are healthy and vibrant. Asa result
of the Unintended Impacts Report, the Brownfields program
instituted the Area -Wide Planning (AWP) Program. The AWP
informs traditional planning efforts by the research and
strategies developed that take into account the unique nature of
brownfields cleanup, reuse, and the social, environmental, and
economic implications reducing any unintended impacts to the
surrounding communities.
EXPANDING COMMUNITY CAPACITY FOR DECISION-
MAKING
Communities disproportionately impacted by environmental hazards often need the
necessary knowledge in order to actively participate in any decision-making processes. In
addition to the leadership experience that the stakeholders gain from being on the NEJAC,
the technical knowledge and expertise that the NEJAC members learn from their peers have
also served as tools and resources that they bring back to their own communities to make
improvements. Moreover, building capacity of communities and enhancing their ability to
meaningfully participate in the improvement of their communities is another contribution
provided by the NEJAC. NEJAC advice and recommendations have helped to shape a number
of specific EPA programs, policies, and activities. Much of the advice and recommendations
have created great benefits in communities with environmental justice concerns, and
provided support to EPA in its efforts to advance environmental justice.
201 4 Equitable
Development Workshop:
Smarter Growth through
Environmental Justice
13th Annual New Partners for Smart Growth
Building Soft. Healthy, Equttobte and Prosperous Cammunitlts
2014 Equitable Development
Workshop Report
NEJAC 20-Year Retrospective Report | 24
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NEJAC's consistent emphasis on including impacted communities in all decision making
processes and providing technical support to help communities build their capacities is also
observed in its response to EPA's Cumulative Risk Assessment Framework. In early 2003,
the NEJAC created a work group on Cumulative Risk and Impacts to research and draft
recommendations that ultimately were incorporated into the NEJAC report entitled Ensuring
Risk Reduction in Communities with Multiple Stressors: EJ and Cumulative Risk and Impacts
in December 2004.19 The bulk of this report was about risk, but it also included a significant
section on enhancing capacity.
As a result, NEJAC had a major impact on the establishment of EPA's Community Action for
a Renewed Environment (CARE) Program. In 2004, the NEJAC recommended to EPA that it
initiate community-based collaborative, multi-media risk reduction pilot projects. In 2005,
the CARE program was established to support a community-driven process that uses the
best available data to help communities to set priorities and take action on their greatest
environmental risks. The CARE program helped communities develop broad based local
partnerships (that included business) and conducted community-driven problem solving as
they built capacity to understand and take effective actions on addressing environmental
problems. The communities created collaborative stakeholder groups (e.g., consisting of
government, academia, neighborhood partners, and others) that worked to reduce toxic
exposures and address environmental concerns in their communities in their own ways,
tapping EPA and other organizations for appropriate tools and best practices. The CARE
process has proven to help environmentally overburdened, underserved, and economically
distressed communities to work collaboratively with other stakeholders to solve the
environmental issues in their community. EPA's CARE Roadmap 20 is the result of an effort
by the CARE program to develop a practical tool for communities to identify, prioritize, and
address environmental health risks. It incorporates the perspective of the NEJAC report on
ensuring risk reduction^1 in communities with multiple stressors and EPA's Framework for
Cumulative Risk Assessment The NEJAC fully supports this program, and advised the
Agency to continue in the direction of the CARE program and expand its growth.22
Another initiative that had tremendous impact in helping communities with environmental
justice concerns to expand their capacity to effectively address their concerns was the state
Environmental Justice Cooperative Agreement (SEJCA) Initiative. In October 2008, the
NEJAC agreed with the Agency on the establishment of this initiative as it emphasizes that
states need to be an active, constructive part of solving environmental justice concerns in
communities.23 In its report, entitled Recommendations for EPA's State Environmental
Justice Cooperative Agreement Initiative, NEJAC recommended that:
19 National Environmental Justice Advisory Council (December 2004). Ensuring Risk Reduction in Communities with Multiple
Stressors: EJ and Cumulative Risk and Impacts.
20U.S. Environmental Protection Agency (June 2008). The CARE Roadmap: 10-Step Plan to Improve Community Environment and
Health.
21 National Environmental Justice Advisory Council (December 2004). Ensuring Risk Reduction in Communities with Multiple
Stressors: EJ and Cumulative Risk and Impacts.
22 Nation a I Environmental Justice Advisory Council (April 2010). Recommendations for EPA's Community Action for a Renewed
Environment (CARE) Program.
23 National Environmental Justice Advisory Council (October 2008). Recommendations for EPA's State Environmental Justice
Cooperative Agreement Initiative.
NEJAC 20-Year Retrospective Report | 25
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The effort needs to target states that are proactive in addressing environmental justice
concerns;
States should be able to show that they are able to leverage resources that will trigger
measurable results;
Tribes should be included as potential recipients, as well as universities, and national
nonprofit organizations; and
Cross-state collaboration should be leveraged.
Following the recommendations, the SEJCA was established in 2009. The purpose of this
program is to advance the integration of environmental justice goals into state government
and support model activities that lead to measurable environmental or public health results.
The program provided funding to eligible recipients to collaborate with affected communities
to understand, promote and integrate approaches to provide meaningful and measurable
improvements to these communities. While this program is not currently being funded, the
principles recommended by NEJAC and implemented by EPA should continue. States should
continue to work with affected communities to address environmental justice concerns.
CAPACITY BUILDING FOR COMMUNITIES IMPACTED BY GOODS MOVEMENT
The importance of capacity building is further stressed in NEJAC's Reducing Air Emissions
Associated with Goods Movement: Moving Toward Environmental Justice report, submitted
in November 2 0 09.24 In the report, as it relates to capacity building, NEJAC recommended
that EPA:
Increase impacted communities' capacity and effectiveness to engage in and influence
decisions related to goods movement that impact them; and
Support additional research and data gathering, with full community involvement and
participation to accelerate emission reduction from goods movement activities.
Subsequently, in a response to the NEJAC report released in December 2010, EPA concurred
with the recommendations and agreed to25:
Continue to evaluate how the current community-based goods movement grant
programs are working;
Explore simplifying/consolidating EPA's community-based grant programs;
Expand community participation in the EPA Regional Clean Diesel Collaborative;
Improve communications through establishing a community web portal, making goods;
and movement materials more readily accessible and adding community members to
EPA's federal advisory committees.
24 National Environmental Justice Advisory Council (November 2009). Reducing Air Emissions Associated with Goods Movement:
Moving Toward Environmental Justice.
25 McCarthy, Gina (December 2010). Letter in response to Reducing Air Emissions Associated with Goods Movement: Moving
Toward Environmental Justice.
NEJAC 20-Year Retrospective Report | 26
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EPA continues to work holistically,
across multiple offices within the
Agency, across all levels of U.S. and
tribal governments, and with
stakeholders to solve environmental
problems, as stressed in the EPA Air
Toxics Strategy and the 2010-2012
Ports Air Quality Plan. In addition, the
EPA Regional Diesel Collaborative has
encouraged communities to become
active in state programs and partners
with communities to fund projects.
EPA has worked with communities
across the country on collaborative
projects that successfully address
goods movement issues, including in
Los Angeles/Long Beach, California; New York/New Jersey; Charleston, South Carolina;
Houston,Texas; San Bernardino/Riverside, California; and Baltimore, Maryland. EPA also
hosted a webinar entitled, Goods Movement and Ports: Comm unity Impacts & Collaborative
Solutions, on January 2014 that highlighted the success of these projects.26 EPA also
continues to partner with private industries and ports, through programs such as SmartWav
program and Ports Initiative, to reduce greenhouse gas emissions and enhance and
implement more efficient and sustainable goods movement strategies.27,28 The community
projects and public-private partnerships reflect NEJAC's advice and recommendations to
build community capacity to help communities to better address goods movement issues in
their communities.
ENHANCING CAPACITY OF SCHOOL COMMUNITIES
Another example in which EPA improved its community capacity efforts as stressed by
NEJAC's advice and recommendations is in EPA's efforts to reach out to communities about
air pollution in schools. In commencing the School Air Toxics Initiative, EPA charged the
NEJAC to advise the Agency about the types of information that communities with
environmental justice concerns would need to investigate air pollutant levels in schools and
the steps which EPA should take to ensure that its communication materials are accessible
to such communities. In assessing how the EPA can more effectively promote and improve
strategies for long-term school and community outreach and build school and community
capacity, NEJAC issued the report, Strategies to Enhance School Air Toxics Monitoring in
Environmental Justice Communities.29 In its April 2010 report, NEJAC offered 19
recommendations. Key points included:
Waste transfer station located in New York
26 U.S. Environmental Protection Agency (January 2014). Goods Movement and Ports: Community Impacts & Collaborative
Solutions Webinar^
27 U.S. Environmental Protection Aaencv. SmartWav Program.
28 U.S. Environmental Protection Aaencv. Ports initiative.
29 National Environmental Justice Advisory Council (April 2010). Strategies to Enhance School Air Toxics Monitoring in
Environmental Justice Communities.
NEJAC 20-Year Retrospective Report | 27
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Develop community involvement and outreach plans that engage communities early in
the planning process, supported by adequate funding.
Promote and ensure Federal interagency coordination and effective national strategies to
address school environmental health.
Coordinate with EPA's Children's Health Protection Advisory Committee, particularly as
monitoring results relate to the siting of schools.
Expand the research agenda to support the establishment of child safe exposure
standards.
The Agency has embraced most of the NEJAC's recommendations.30 For example, the
Agency resumed the Community-Scale Air Toxics Ambient Monitoring (CSATAM) grant
competition in 2011 and included as a selection criteria direct and substantial engagement
with community groups in developing, implementing, and evaluating the funded projects.
Community involvement and outreach is intended to be incorporated in each grant. In
addition, EPA continues to stay in close communication with communities and schools by
developing and disseminating data and information to the public and regulatory partners and
discussing results with schools and communities. EPA is also working closely with the Tribal
Air Monitoring Support Center, Regional Tribal Operations Committees, and the National
Tribal Operations Committee to reach out to schools to participate in the monitoring
program. With the advice of the NEJAC, the School Air Toxics Monitoring Project was
successfully improved.
NEJAC advice and recommendations have contributed to improving the Agency's ability to
better engage communities and provide them with the tools and resources needed to
effectively address environmental justice concerns. With programs such as the
Environmental Justice Grant Programs [Small Grants and Collaborative Problem Solving
(CPS) cooperative agreements], the former CARE and SEJCA programs, and technical
resources, communities are continuing to enhance their capacity, and ability to work
meaningfully together with federal agency officials, experts, and other stakeholders to
identify the risks and address the issues.
30 McCarthy, Gina (November 2010). Letter in response to Strategies to Enhance School Air Toxics Monitoring in Environmental
Justice Communities.
NEJAC 20-Year Retrospective Report | 28
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ENHANCING RESEARCH AND ASSESSING RISKS
Effective research and an assessment of risks are critical to addressing environmental
justice, which in turn raises important research questions and needs that the Agency should
adequately explore in order to get to the root of the concern.
CUMULATIVE RISK ASSESSMENT FRAMEWORK
In response to EPA's Cumulative Risk Assessment
Framework, NEJAC created a Workgroup on Cumulative
Risks and Impacts. A report was subsequently issued in
December 2004 entitled Ensuring Risk Reduction in
Communities with Multiple Stressors: EJ and Cumulative
Risk and Impacts.31 The report recommended short-term
and long-term actions that EPA should take to implement its
Risk Assessment Framework. Recommendations focused on
eight overarching themes:
Institutionalize a bias for action within EPA (i.e., a clear
and urgent need to address the needs of disadvantaged,
underserved, and environmentally overburdened
communities and tribes in a timely and responsible
manner) through the widespread utilization of an
Environmental Justice Collaborative Problem-Solving
Model.
Fully utilize existing statutory authorities to address the
multiple, aggregate, and cumulative risks and impacts
faced by overburdened communities.
Address and overcome programmatic and regulatory
fragmentation within the nation's environmental
protection regime.
Fully incorporate the concept of vulnerability, especially
its social and cultural aspects, into EPA's strategic plans
and research agendas.
Promote a paradigm shift to community-based
approaches, particularly community-based participatory
research and intervention.
Incorporate social, economic, cultural, and community health factors, particularly those
involving vulnerability, in EPA decision-making.
Develop and implement efficient screening, targeting, and prioritization methods/tools to
identify communities needing immediate intervention.
Address capacity and resource issues (human, organizational, technical, and financial)
within EPA and the states, within impacted communities and Tribes, and among all
relevant stakeholders.
"The NEJAC Cumulative Risk and
Impacts report provides a strong
foundation on exposures of
multiple chemical and non-
chemical stressors in various
communities particularly
marginalized or underserved. It
has had tremendous impact on
my career and continues to
influence the way I train students
and work with communities
through community-university
environmental justice health
partnerships. The NEJAC has
been very instrumental and has
had tremendous impact in EPA's
effort in working on EJ-related
policies, programs, and activities.
It has also been influential on
other federal agencies' EJ
efforts."
-Dr. Sacoby Wilson,
Assistant Professor, School of Public
Health, University of Maryland
31 National Environmental Justice Advisory Council (December 2004). Ensuring Risk Reduction in Communities with Multiple
Stressors: EJ and Cumulative Risk and Impacts.
NEJAC 20-Year Retrospective Report | 29
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Among its 12 recommendations, NEJAC advised key actions that EPA should take:
Initiate community-based, collaborative, multi-media, risk reduction pilot projects.
Develop a toolkit of implementable risk reduction actions.
Provide resources for community-based organizations.
Develop and utilize tools for targeting and prioritization of communities needing urgent
intervention.
Conduct scientific and stakeholder dialogues in ways that enhance scientific
understanding and collaborative problem-solving ability.
Lay the scientific basis for incorporating vulnerability into EPA assessment tools, strategic
plans, and research agendas.
Establish an Agency wide framework for holistic risk-based environmental decision-
making and incorporation of Tribal Traditional Lifeways in Indian Country.
Integrate NEJAC concepts about Cumulative Risks into EPA's strategic and budget
planning processes.
This report has also been cited consistently by current and former EPA officials and NEJAC
members as important advice and recommendations, as it not only was critical for creating
the CARE program, as mentioned earlier, but also raised the issue of cumulative risk and
cumulative impact to the Agency and community stakeholders. This report continues to be
used by EPA officials, including staff in the Office of Research and Development (ORD) and
the Office of Environmental Justice, as a resource document when addressing risks and
impacts in communities with environmental justice concerns.
COMMUNITY-BASED HEALTH MODELS
Due to concerns raised in 2000 by the U.S. Surgeon General regarding health disparities
among different segments of the U.S. population. EPA requested that NEJAC convene a
meeting focusing on mechanisms to ensure disease prevention and health improvements in
communities, particularly minority and low-income communities. It was also requested that
the meeting address situations where health disparities may result from, or be exacerbated
by disproportionate effects of environmental pollutants. Asa result, on May 23-26, 2000,
NEJAC held a public meeting in Atlanta, GA focused on this issue. NEJAC subsequently
issued a report in February 2001 entitled Environmental Justice and Community-Based
Health Model Discussion and Recommendations.32 In that report, NEJAC recommended that
the EPA encourage better understanding of community-based participatory research models;
place greater emphasis on translating current and future scientific knowledge into positive
action; promote more effective interagency collaboration and cooperation; include
socioeconomic and cultural factors in health assessments; and respond to urgent needs of
medically underserved communities.
Based on NEJAC advice and recommendations, the Agency continues to place emphasis on
health assessments to ensure disease prevention and heath improvement in environmentally
impacted communities. For example, in order to better understand how scientific research
32 National Environmental Justice Advisory Council (February 2001). Environmental Justice and Community-Based Health Model
Discussion and Recommendations.
NEJAC 20-Year Retrospective Report | 30
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can be improved in the area of health impacts, environmental risks and differential
exposures that directly relate to environmental justice, EPA ORD issued another charge in
March 2012, which is discussed in the next section.
ENVIRONMENTAL JUSTICE CROSS-CUTTING RESEARCH ROADMAP (EJ
ROADMAP)
In March 2012, the EPA issued a charge to the NEJAC
seeking advice on the EPA's Office of Research and
Development (ORD) research programs and the scientific
foundations required to address and prevent environmental
inequities. Subsequently, the NEJAC formed a Research
Work Group in May 2012 to address the charge themes:
Critical opportunities for addressing environmental
inequities
Community-inclusive, meaningful and continuous
participatory processes
Customizing ORD tools and other outputs to be effective
for local decision makers, impacted communities, and
other stakeholders
Criteria for independently assessing the impact of ORD's
research
Critical Agency skills needed to address environmental
justice
The NEJAC report, Recommendations for Integrating
Environmental Justice into EPA's Research Enterprise issued on June 2014, provided
recommendations under five overarching themes33:
Research Needs, Gaps and Framework
Research Agenda Development in Collaboration with Stakeholders
Research Implementation, Partnership and Funding
Research Translation and Communication
Research Evaluation
In general, the NEJAC recommended that the Agency consider a multi-, inter- and trans-
disciplinary approach to its research agenda, and actively engage and communicate with
vulnerable communities, particularly American Indians, Alaskan Natives, Native Hawaiians,
and other Indigenous peoples. ORD was encouraged to incorporate successful community-
engaged research models into research programs and implementation as well as provide
resources, tools, and funding for extramural projects that can build community capacity.
Data collection and sharing should be improved to evaluate improvements in environmental
conditions and health outcomes. NEJAC also recommended that ORD focus on certain topic
33 Nation a I Environmental Justice Advisory Council (June 2014). Recommendations for Integrating Environmental Justice into
EPA's Research Enterprise.
National Environmental Justice Advisory Council
A FEDERAL ADVISORY COMMITTEE TO THE U S ENVIRONMENTAL PROTECTION AGENCY
Recommendations for Integrating Environmental
Justice into the EPA's Research Enterprise
Cover of the Recommendations for
Integrating Environmental Justice into
EPA's Research Enterprise Report
NEJAC 20-Year Retrospective Report | 31
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areas that may impact vulnerable communities the most, including health disparities, air
quality "hot spots,"diesel exhaust regulations, climate change, risk assessments, and
pesticide exposure. NEJAC also encouraged ORD to leverage its relationships and
partnerships with other agencies and institutions to collaborate on projects as well as share
expertise and resources. Furthermore, EPA should also educate and train the next
generation of scientists and engineers about environmental justice issues.
Following the issuance of the report, ORD met with the NEJAC to further discuss its
recommendations.34 ORD embraced the recommendations from the NEJAC report in its draft
EJ Research Roadmap. For example, the Research Roadmap takes into consideration NEJAC
recommendations to explore social determinants of disease and psychosocial stressors in
over-burdened communities that may result in health disparities, as well as characterize or
map communities that may be vulnerable to the effects of climate change. The Research
Roadmap also outlines how ORD has addressed, or plans to address, each of the
recommendations from the report. In addition, during that meeting, staff from ORD also
presented the Communitv-Focused Exposureand Risk Screening Tool (C-FERST),a
community mapping tool that provides information for community assessments and
decision-making.35 It also provides success stories and lessons learned on similar issues
from other communities and recommendations from EPA and other federal agencies on
exposureand risk exposure. The tool was well received by the NEJAC members and has
been used by various communities to identify issues, gather information, and find solutions.
In discussions with senior ORD officials, it was evident that the work of NEJAC provided a
significant contribution to the EJ Research Roadmap. They also indicated that it would be
helpful to have additional input from and dialogue with NEJAC about the Roadmap. It was
indicated that while a lot of the NEJAC recommendations have been addressed, others will
be addressed in the future.
IMPROVING AQUATIC ECOSYSTEMS
34 McCarthy, Gina (October 2014). Letter in response to Recommendations for Integrating Environmental Justice into EPA's
Research Enterprise.
35U.S. Environmental Protection Aaencv. Communitv-Focused Exposure and Risk Screening Tool.
NEJAC 20-Year Retrospective Report | 32
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In 2001, EPA requested the NEJAC to provide advice and
recommendations on how EPA could improve the quality,
quantity, and integrity of the nation's aquatic ecosystem in
order to protect the health and safety of people consuming
fish, aquatic plants and wildlife. The NEJAC, in response,
transmitted a report to EPA entitled Fish Consumption and
Environmental Justice on November, 2002.36 This report
contains six overarching consensus recommendations which
advise EPA on how to manage fish consumption in
environmental justice and Indigenous communities.
The NEJAC advised that EPA require states, territories, and
authorized tribes to consider specific uses, including the use
of the waterbody orwaterbody segment for subsistence
fishing, when designating uses for a waterbody, and to set
water quality criteria that support the designated use. EPA
should work expediently to prevent and reduce the
generation and release of those contaminants to the
nation's water and air that pose the greatest risk to human health and aquatic resources. It
is also recommended that EPA should protect the health of populations with high exposure
to hazards from contaminated fish, aquatic organisms and plants, and wildlife.
NEJAC also advised that EPA ensure that fish and other aquatic organism consumption
advisories are used by regulators as a short-term, temporary strategy for informing those
who consume and use fish, aquatic organisms and plants, and wildlife of risks while water
quality standards are being attained and while prioritizing and pursuing the cleanup of
contamination by appropriate parties. EPA should conduct environmental research, fish
consumption surveys, and monitoring, in consultation with Federally recognized Tribes and
with the involvement of concerned tribal organizations, to determine the effects on, and
ways to mitigate adverse effects on the health of American Indian and Alaska Native (AI/AN)
communities resulting from contaminated water sources and/ or the food chain. Finally, EPA
should provide equitable funding and technical support for tribal programs to protect AI/AN
communities and tribal resources from harm caused by contaminated water and aquatic
resources, and until Tribes are able to assume responsibility for many programs, implement
and require compliance with the federal environmental laws within Indian country.
This report continues to educate EPA staff about the importance of improving the nation's
aquatic ecosystem as it relates to communities with environmental justice concerns. For
example, EPA has invested a large amount of effort to ensure that consumption advisories
reach high-risk consumers. To effectively communicate with minorities, people of color, low-
income communities, tribes and other indigenous peoples regarding the hazards involved in
36 National Environmental Justice Advisory Council (November 2002). Fish Consumption and Environmental Justice.
FISH CONSUMPTION AND
ENVIRONMENTAL JUSTICE
A Report developed from the NKk.it *! fji^uoMauUiBtke AdvHorv ( ouncfl Mertlnj of DwnbffHmi
.4 Federal Advisory Committee to the VS. Environmental Protection Agency
Cover of the NEJAC Fish Consumption
and Environmental Justice Report.
NEJAC 20-Year Retrospective Report | 33
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consuming contaminated fish from certain
waterbodies, and to recommend alternative sources
offish, EPA formulated an outreach project that will
target minorities and people of color in rural
communities in certain regions of the Southern U.S.
In addition, EPA finalized six new translations of the
national mercury advisory, "What You Need to Know
About Mercury in Fish and Shellfish" in Hmong,
Chinese, Vietnamese, Portuguese, Cambodian and
Korean, in addition to English and Spanish. EPA
continues to work closely with American Indians and
Alaskan Natives to provide technical assistance,
grants, and technical guidance to better understand
the issues impacting the aquatic ecosystems in their
communities. EPA has also jointly worked with the
U.S. Food and Drug Administration (FDA) to issue
fish advisories that take into account the
recommendations of the NEJAC. In addition, the
2012 National Fish Forum included a session on
federal, state, and tribal fish advisory coordination,
which described tribal partnerships to develop fish
advisories.
ENHANCING REGULATORY AUTHORITIES AND
POLICIES
Members of the NEJAC have been on the forefront
of urging EPA to enhance and improve its regulatory
authorities and policies to protect the health of vulnerable communities. NEJAC has issued
several sets of advice and recommendations that have advanced EPA policies and regulatory
authorities to better address environmental justice concerns.
EPA SUPERFUND PERMANENT RELOCATION POLICY
One of the first major policies that was influenced by NEJAC recommendations is EPA's policy
on Permanent Relocation at Superfund Sites. NEJAC recommended that EPA modify the
policy to ensure that the needs and concerns of affected low income and minority
communities were taken into account. In response, EPA and NEJAC held a Superfund
Relocation Roundtable in Pensacola, FL, on May 2-4, 1996. The primary purpose of the
Superfund Relocation Roundtable meeting was to obtain input from attendees on how EPA
should consider permanent relocation during Superfund cleanup actions. The key
recommendations by NEJAC to EPA as a result of the Roundtable included37:
"I have worked with NEJAC as a manager in
OSWER (now OLEM) and the Office of Water,
and have greatly appreciated the frank and
diverse views, and thoughtful
recommendations that they have provided to
the Agency. For example, the NEJAC Report
on Fish Consumption and Environmental
Justice highlighted to EPA the challenges
faced by communities of color, low-income
communities, tribes, and other indigenous
peoples who may be consuming fish that have
been affected by environmental contaminants,
especially bioaccumulative contaminants.
Among other things, the NEJAC recommended
that where subsistence consumption occurs,
water quality standards should reflect these
consumption patterns in order to protect the
health of the affected communities. These
recommendations have been an important
influence on the direction of EPA's Water
Quality Standards program."
Michael Shapiro,
Deputy Assistant Administrator, Office of Water
37 National Environmental Justice Advisory Council (December 1996). Proceedings from the Superfund Relocation Roundtable.
NEJAC 20-Year Retrospective Report | 34
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People and communities need to be included at the
very beginning of the Superfund permanent relocation
process; the integrity of a community needs to be
considered when discussing relocation.
Quality-of-life, health, and social welfare need to be
addressed in their totality when discussing relocation.
Public participation needs to be meaningful and
empowering.
Relocation requires the inclusion of other Federal
agencies in the process.
The effort made during the Relocation Roundtable
meeting needs to lead to effective action.
As a result of the NEJAC input, EPA was able to take
environmental justice considerations into account in the
modification of its Interim Policy on Superfund Permanent
Relocation, and relocate more than 300 residents in
Pensacola, FL.
EPA WASTE TRANSFER STATION SITING AND
OPERATIONS GUIDANCE
During its February 1998 NEJAC meeting, NEJAC requested that EPA examine the risks from
the siting and operations of waste transfer stations in order to assess the best regulatory
options, and prescribe requirements to reduce health risks associated with these facilities.
NEJAC formed the Waste Transfer Station WorkGroup to conduct a factual examination of
waste transfer station siting operations, with a focus on alleviating the impacts of clustering,
disproportionate siting, and unsafe operations in low-income communities and communities
of color. Accordingly, fact finding meetings were conducted by EPA and the NEJAC Waste
Transfer Station WorkGroup in 1998 in New York, NY and in 1999 in Washington, DC. In
deliberating on its proposed recommendations, the WorkGroup was challenged with
resolving the issue of the clustering of waste transfer stations with few environmental
controls and the legitimate role that waste transfer stations play in providing an essential
service, i.e., the economic management of solid waste.
"The reports and
recommendations produced by
NEJAC were very definitive and
specific in terms of what NEJAC
wanted EPA to do. NEJAC can
take on issues that may be
controversial or go against the
traditions of EPA by adding an
advisory body that is diverse with
different stakeholders and
interests. This is because NEJAC
can provide an outside
perspective that is not
encumbered by the constraints
that exist within a Federal Agency
like EPA."
-Dr. Robert D. Bullard, Dean, Barbara
Jordan-Mickey Leland School of Public
Affairs, Texas Southern University
NEJAC 20-Year Retrospective Report | 35
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1998 NEJAC Meeting in Brooklyn, NY, to discuss waste transfer stations.
The recommendations in the report were designed to identify areas that would allow for the
sustainable management of waste transfer stations, and promote equality in the distribution
and siting of these facilities. In March 2000, NEJAC recommended that EPA prepare a Best
Practices Manual for Waste Transfer Station Siting and Operation.38 EPA worked with NEJAC
and other stakeholders to finalize the Best Practices Manual in 2002.39
As a result of the recommendations, EPA also worked hard to make substantial progress to
reduce emissions from diesel engines, including those used for goods movement. These
efforts include engine emission standards, incentives and other financial models, port
emission inventories, and use of facility Environmental Management Systems. 40
LEGAL AUTHORITIES TO ADDRESS ENVIRONMENTAL JUSTICE
As a result of the November 30 to December 2, 1999 NEJAC meeting on Environmental
Justice, NEJAC recommended in July 20, 2000 that EPA clarify the legal authority to address
environmental justice in permitting issues.41 NEJAC specifically requested that EPA's Office of
General Counsel provide guidance on the extent to which permit writers (including delegated
state, tribal, and local governments) have a mandatory and/ or discretionary authority to
deny an environmental permit, condition a permit, or require additional permit procedures
on environmental justice grounds. This led to the issuance of a December 1, 2000 legal
opinion by EPA's Office of General Counsel to clarify the authority of EPA to address
environmental justice issues in permits under its various environmental statutes: the
Resource Conservation and Recovery Act; the Clean Water Act; the Safe Drinking Water Act;
the Marine Protection, Research and Sanctuaries Act; and the Clean Air Act.42
38 Waste and Facility Siting Subcommittee ofthe National Environmental Justice Advisory Council (March 2000). A Regulatory
Strategy for Siting and Operating Waste Transfer Stations.
39 U.S. Environmental Protection Agency (June 2002). Waste Transfer Stations : A Manual for Decision-Making.
40 Nation a I Environmental Justice Advisory Council (November 2009). Reducing Air Emissions Associated with Goods Movement;
Moving Toward Environmental Justice.
41 Nation a I Environmental Justice Advisory Council (July 2000). Environmental Justice in the Permitting Process: A Report from
the National Environmental Justice Advisory Council.
42 Guzy, Gary (December 2000). Memorandum on EPA Statutory and Regulatory Authorities Under Which Environmental Justice
Issues May Be Addressed in Permitting.
NEJAC 20-Year Retrospective Report | 36
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In addition, per NEJAC advice and recommendations throughout the years regarding EPA's
legal authorities to address environmental justice, the General Counsel also developed
the Legal Tools document in 2011 as part of EPA Plan EJ 2014. The tool is EPA's first
compilation of the discretionary legal authorities that may be available to the EPA to advance
environmental justice. The document assesses EPA's statutes and their relevant regulatory
standards for action to protect public health and the environment. It also identifies examples
when EPA may apply its discretion to advance environmental justice under existing policy,
guidance, and regulations.
POLLUTION PREVENTION
EPA also requested that the NEJAC
examine how the innovative use of
pollution prevention can help
alleviate pollution problems in
communities with environmental
justice concerns. As a result, the
NEJAC conducted a public meeting on
Pollution Prevention in December,
2002, in Baltimore, MD.
Subsequently, the NEJAC prepared a
report dated July 3, 2003, with 14
consensus recommendations on how Photo of a refinery located near communities in
Baton Rouge, Louisiana.
pollution prevention could be used to
address environmental justice in the following areas: (1) community and tribal involvement,
capacity building and partnerships; (2) more effective utilization of tools and programs; and
(3) sustainable processes and products.43
The NEJAC recommendations on advancing environmental justice through pollution
prevention were the result of a deliberate process that involved input from ali stakeholder
groups, including communities, tribes, business and industry, state and local government,
non-governmental organizations, and academia. These recommendations included
Develop and promote implementation of a multi-stakeholder collaborative model to
advance environmental justice through pollution prevention.
Increase community and tribal participation in pollution prevention partnerships by
promoting capacity building.
Strengthen implementation of pollution prevention programs on tribal lands and Alaskan
native villages.
Identify and implement opportunities to advance environmental justice through pollution
prevention in federal environmental statutes.
Promote efforts to incorporate pollution prevention in supplemental environmental
projects (SEP).
43 National Environmental Justice Advisory Council (June 2003). Advancing Environmental Justice through Pollution Prevention.
NEJAC 20-Year Retrospective Report | 37
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Provide incentives to promote collaboration among communities, business and
government on pollution prevention projects in communities with environmental justice
concerns.
Encourage "Green buildings," "Green businesses,"and "Green industries" through EPA's
Brownfields and Smart Growth programs.
Identify opportunities to promote cleaner technologies, cleaner energy and cleaner
production in industrial and commercial enterprises in communities with environmental
justice concerns.
These NEJAC recommendations were incorporated into
several EPA policies, programs, and activities. For example,
the Agency's Source Reduction Assistance Grants Program
supports source reduction/ pollution prevention projects
that will provide an overall benefit to the environment by
preventing pollutants at the source and resource
conservation work.44 Eligible applicants include community-
based grassroots organizations, federally-recognized tribes,
and intertribal consortia. In addition, the grants request
applicants to address three areas of emphasis, one being
on state or Community Approaches to Hazardous Materials
Source Reduction, which requests applicants to carry out
research, studies, demonstrations, or trainings on state or community-based approaches to
hazardous materials source reduction activities that result in reduced generation and use of
hazardous materials.
Another example is that EPA's Brownfields Program also actively promotes the use of green
buildings, green businesses and green industries. Smart Growth principles and strategies
can help reduce the environmental impacts of buildings and development and enhance the
community's health and economy. The 2003 Green Buildings on Brownfields Initiatives' pilot
projects provided technical assistance, including expert consultant services, to facilitate the
development of green buildings in eight locations. The initiative is designed to promote the
use of green building techniques at brownfield properties in conjunction with assessment and
cleanup.45 EPA continues to implement NEJAC's advice and recommendations as it finds
innovative ways to help communities build capacity to alleviate pollution problems. This is
further demonstrated in the SEPs policy update in 2015, which includes pollution prevention
as an acceptable category of projects. 46
ENSURING NATIONAL CONSISTENCY IN IDENTIFYING AREAS OF CONCERN
NEJAC has played a major role in the initiation, development, and implementation of
environmental justice screening tools. EPA's Office of Enforcement and Compliance
Assurance (OECA) developed the Environmental Justice Strategic Enforcement Assessment
"We came here to take care of
business. What we're really
talking about is environmental
democracy...from the bottom up,
not from the top down. We want
to make a new democracy that is
an environmental as well as an
economic democracy."
-Richard Moore, Chair of NEJAC
44 U.S. Environmental Protection Agency. Grant Programs for Pollution Prevention.
45 U.S. Environmental Protection Agency (2003). Green Buildings on Brownfields Initiative: Pilot Project Fact Sheet.
46 U.S. Environmental Protection Agency (2015). 2015 Update to the 1998 U.S. EPA Supplemental Environmental Projects Policy.
NEJAC 20-Year Retrospective Report | 38
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Screening Tool (EJSEAT) as a tool to identify areas experiencing disparate environmental
and public health burdens for the purpose of focusing OECA's enforcement and compliance
activities in thoseareas. The Agency first tasked NEJAC to identify possible policy-level
issues, concerns, and benefits of EJSEAT in 200747, and later to identify ways to improve the
tool's comprehensiveness, efficacy, and accuracy. A WorkGroup was formed to undertake
the task. On May 2010, NEJAC issued a report, entitled Nationally Consistent Environmental
Justice Screening Approaches.48 The report identified several priority areas for EJSEAT and
other tools that may be developed to identify priority areas with potential environmental
justice concerns. EJSEAT was used for internal EPA purposes only and not available to the
public. EPA's main publicly available environmental justice mapping tool until 2015 was
EJVIEW, a web-based tool that displayed selected demographic and environmental data, and
allowed users to overlay these data on maps of a community or wider area.
Key recommendations from the report include:
EPA should carefully delineate how EJSEAT and similar tools are to be used. For example,
EPA should avoid using the tool in an exclusionary manner where failure to be prioritized
in EJSEAT results in a community not being treated as an environmental justice
community.
EPA should undertake a review of the EJSEAT variables to avoid undue weighting of
elements, including reexamining age variables and performing sensitivity analyses of
each EJSEAT variable to determine the degree to which each variable may influence
scoring.
EPA should expand the environmental indicators used in EJSEAT to include data on soil
contamination, surface and groundwater contamination, and nuisance and non-point
source pollution.
EPA should consider broadly the possible uses of EJSEAT and be prepared to address
unintended consequences. EPA should create an EJSEAT training program to prevent
misunderstanding and misuse of tools like EJSEAT.
EPA should ensure that, where EJSEAT is used prospectively, it must be part of a
community specific (although consistently employed) process to identify areas not
captured by the elements of EJSEAT.
EPA should consult with Native American representatives to develop mechanisms to
assure appropriate treatment within the context of the policy, permitting, enforcement,
and other decisions the use of EJSEAT will affect.
As a commitment to develop a nationally consistent environmental justice screening and
mapping tool and in phasing out EJVIEW and EJSEAT, EPA incorporated NEJAC advice and
recommendations into EJSCREEN. EJSCREEN uses publicly available environmental and
demographic data to map and screen communities with environmental justice concerns. It
includes 12 environmental indicators, 6 demographic indicators, and 12 environmental
47 National Environmental Justice Advisory Council (December 2007). NEJAC Initial Letter Regarding the Environmental Justice
Strategic Enforcement AssessmentTool.
48 National Environmental Justice Advisory Council (May 2010). Nationally Consistent Environmental Justice Screening
Approaches.
NEJAC 20-Year Retrospective Report | 39
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justice indices. EJSCREEN was first used within the Agency in 2012 and in June of 2015, EPA
shared EJSCREEN with the public. A new and improved version of EJSCREEN was shared
with the public in June 2016.
The impacts that NEJAC has made on EJSCREEN go above and beyond the EPA alone.
EJSCREEN is being used by university students to identify environmental concerns that affect
communities, such as communities impacted by concentrated animal feeding operations in
North Carolina, and to help community leaders gather the necessary data to improve their
communities. Other federal agencies and departments, such as the U.S. Department of
Transportation and the Federal Emergency Management Agency, are also incorporating
regular use of EJSCREEN into their business practices, such as screening and outreach for
future road projects and prioritization of disaster responseand recovery efforts.
EPA'S ROLE IN LEADING ENVIRONMENTAL JUSTICE CHANGE
In order to ensure that EPA policies, programs, and activities are adequately addressing
concerns of environmental justice communities, EPA consults with the NEJAC on its own
environmental justice practice. For instance, EPA chairs the EJ IWG, which was established
by the Presidential Executive Order on Environmental Justice of February 11, 1994. The EJ
IWG includes 17 Federal agencies and White House offices with standing committees and
other committees established as necessary to carry out responsibilities outlined by the
Order.
The NEJAC report to EPA in June 2002, entitled Integration of Environmental Justice in
Federal Agency Programs, outlined the a broad spectrum of recommendations for federal
government efforts toward integrating environmental justice into Agency policies, programs,
and activities49:
Support advancement of the Federal (EJ IWG) Action Agenda and its collaborative
interagency problem-solving model as exemplified in the fifteen EJ IWG demonstration
projects.
Continue individual Agency-specific implementation of environmental justice.
Explore and identify ways for greater use of legal authorities and removal of regulatory
impediments to achieve environmental justice.
Ensure that, in the case of federally-recognized tribes, including Alaska Native villages,
integration of environmental justice into Agency policies, programs, and activities is
consistent with federal trust responsibility to tribes, recognized principles of tribal
sovereignty, and the government-to-government relationship with tribes.
Collaborate in identifying specific focus areas or target programs where application of
environmental justice principles could significantly benefit communities.
NEJAC requested that EPA share its recommendations with other Federal agencies as
well.
49 National Environmental Justice Advisory Council (June 2002). Integration of Environmental Justice in Federal Agency Programs.
NEJAC 20-Year Retrospective Report | 40
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The issue of public participation at the EPA regional level is
of special significance to the NEJAC because many local
site-specific issues have historically been brought to the
NEJAC's attention. NEJAC believes that its ability to function
effectively in providing advice and recommendations to the
EPA Administrator is dependent on the EPA's ability to find
mechanisms which respond effectively to these local issues.
It is important that the EPA Regional offices conduct public
forums or listening sessions and other activities to address
these site-specific environmental justice issues, many of
which come to the NEJAC's attention by virtue of its public
comment periods.
STRATEGIC PLANNING
The NEJAC also consulted with EPA in the development of
the EPA Plan EJ 2014. In particular, the Agency asked
NEJAC in 2011 to review the five cross-Agency focus areas
to ensure that they are priority areas, to explore ways in
which EPA can strengthen actions within the focus areas,
and to prioritize the focus areas. A WorkGroup was formed
to develop recommendations to the Agency. 50 In general,
NEJAC asked EPA to provide more specificity to the Plan by
having a clear process for implementation with a timeline
and expected outcomes. It also asked the Agency to
provide explicit criteria and outcome measures by which
the Plan will be evaluated.
A
"The NEJAC has played a crucial
role in moving "environmental
justice" from a slogan to a
program. NEJAC's consistent
focus has been essential in
ensuring EPA continues to move
forward incorporating
environmental justice principles
info all of the Agency's programs.
NEJAC's role is especially critical
because the environmental justice
community does not have a
natural advocacy group, but
rather is composed of a diverse
and geographically dispersed
group of individuals and groups,
who come from different
backgrounds, and have issues
that span all of EPA's many
programs."
Granta ('Grant") Nakayama,
Former Assistant Administrator for EPA
OECA
Among the recommendations in the report include:
Ensure environmental justice concerns in selecting national priorities for enforcement and
compliance assurance attention.
Target specific compliance strategies and enforcement actions to address problems that
affect overburdened communities.
Seek remedies in enforcement actions that benefit overburdened communities affected
by compliance.
Work with other federal agencies, state and tribal governments, businesses, nonprofit
organizations, universities, foundations, and others to provide support for community
based organizations to participate in community or government convened collaborative
processes that afford meaningful and substantive participation in decision-making
processes.
Explore in a cross-Agency fashion whether there exists in communities with
environmental justice concerns the opportunities to remove or reduce impacts of the
zoning practices in the past.
50 National Environmental Justice Advisory Council (May 2011). NEJAC Comments on Plan EJ 2014.
NEJAC 20-Year Retrospective Report | 41
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Raise the level of attention given to focus areas 4-Supporting Community-Based Action
Programs, and 5-Fostering Administration-Wide Action on
Environmental Justice.
NEJAC advice and recommendations were taken into
consideration in the final Plan EJ 2014. For example, under
Goal 3.3. Advancing Environmental Justice in Compliance
and Enforcement in Plan EJ 2014, the Agency committed to
effectively communicate the Agency's enforcement
activities and plans, as well as to "fully integrate
consideration of environmental justice concerns into the
planning and implementation of Agency enforcement and
compliance program strategies, case targeting strategies,
and development of remedies in enforcement actions to
benefit these communities".51 In addition, OECA also
selected National Enforcement Initiatives for FY 2011-2013
that include working with the Department of Justice to take
action against sewer overflows, Concentrated Animal
Feeding Operations (CAFO) that discharge manure to
surface or ground waters, and facilities that emit excessive
amounts of air toxics. Furthermore, the Agency also
committed to seeking appropriate remedies in enforcement actions to benefit overburdened
communities and address environmental justice concerns by providing information on
enforcement actions, improving sharing of public information, and enhancing communication
on the benefits of the enforcement actions.
Plan EJ 2014 also included the NEJAC's advice and recommendations to incorporate
perspectives from community-based organizations and community leaders into EPA research
agendas and engage in collaborative partnerships with them on science and research to
address environmental justice. In addition, it emphasized strengthening the Agency's
scientists in conducting research in partnership with impacted communities and translating
research to inform change. The goals, strategies, and activities in Plan EJ 2014 reflect the
various advice and recommendations by the NEJAC to improve and enhance environmental
justice considerations within the Agency.
PERMITTING IN EPA
Community concerns about permitting are an important decision-making topic for both
communities with environmental justice concerns and EPA since the 1983 General
Accounting Office report, Siting of Hazardous Waste Landfills and Their Correlation with
Racial and Economic Status of Surrounding Communities. EPA has been actively engaging
with the NEJAC to find solutions to improve its permitting process and policy.
"NEJAC brought a perspective to
the dialogue on environmental
justice issues, and broader
environmental issues as well, that
EPA officials and staff had not
always heard or appreciated. That
perspective made a difference,
both in the terms of how the
Agency viewed and ultimately
addressed the issues."
Steve Herman, Assistant
Administrator for EPA, OECA
W
51 U.S. Environmental Protection Agency (2011). EPA Plan EJ 2014.
NEJAC 20-Year Retrospective Report | 42
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In July 1996, due to a recurrent discussion in the NEJAC and its Enforcement Subcommittee
about the extent to which EPA possesses the authority to condition on environmental justice
grounds permits to regulate entities pursuant to the various federal environmental
protection laws, the NEJAC Enforcement Subcommittee issued a "Draft Memorandum on
Integrating Environmental Justice into EPA Permitting Authority."The memorandum explores
the issue of whether EPA possesses authority that it has not yet chosen to exercise, and the
extent to which EPA exercises such authority in the permitting process to promote
environmental justice concerns. The Memorandum summarizes environmental justice legal
authorities under various Acts, such as the Clean Air Act, Clean Water Act, and Toxic
Substances Control Act.
The NEJAC convened a public meeting on November 30 to December 2, 1999, to address
environmental justice in the permitting process. Several key themes surfaced repeatedly in
stakeholder interviews and public testimony. In its August 2000 report, Environmental
Justice in the Permitting Process: A Report from the Public Meeting on Environmental
Permitting Convened by the National Environmental Justice Advisory Council in Arlington,
Virginia, NEJAC recommended that EPA do the following52:
Exert leadership in the quest to better understand the following: 1) cumulative impacts;
2) degree of risk; 3) community demographics; and 4) disproportionality of risk, and how
these can be integrated into the permit review process, as appropriate.
Strengthen and highlight public participation requirements which ensure that permit
writers consult with affected communities on an ongoing and continuing basis (i.e., prior
to the consideration or issuance of a permit) in the decision-making process.
Ensure that federal environmental laws, policies, and guidance are fairly and equitably
enforced among all communities so that environmental justice concerns can be fully
integrated in federally adopted, approved, implemented or required environmental
programs.
Assert leadership by providing guidance for state, regional, local, and tribal governments
on the environmental justice implications of permitting and siting decisions, and on the
impact of local zoning ordinances on those decisions.
The NEJAC Memorandum led to the previously mentioned EPA Memorandum on EPA
Statutoryand Regulatory Authorities Under Which Environmental Justice Issues May Be
Addressed in Permitting in 2000.
In July 2010, EPA asked NEJAC to provide advice and recommendations on how to enhance
environmental justice throughout its permitting programs, for both EPA and state and tribal
government issued permits. In particular, the Agency asked NEJAC to explore the types of
EPA-issued permits in which to incorporate environmental justice concerns, and the types of
permits issued pursuant to federal environmental laws that are best suited for exploring and
addressing cumulative impacts.
52 National Environmental Justice Advisory Council (August 2000). Environmental Justice in the Permitting Process.
NEJAC 20-Year Retrospective Report | 43
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The following is the list of key recommendations proposed by the NEJAC in its May 2011
report, Enhancing Environmental Justice in EPA Permitting Programs53:
Cumulative environmental impacts, permitted or not, must be addressed and mitigated
within existing and new permits, regardless of permit type.
Permitting covers a broad range of regulatory work, including renewals, modifications,
enforcement actions, and settlements. All of these permit-related processes have
important elements for environmental justice engagement. This is not just about new
facilities and their permit applications.
Formal agreements between EPA regions and their respective delegated or authorized
states, tribes, and/or other jurisdictions need to have environmental justice addressed
more - both in general and with specific actions and noted responsibilities. Multiple ideas
and examples are provided.
More recent permit issues related to hydraulic fracturing and mountain top mining need
immediate review from an environmental justice perspective. Acknowledging several
prior Council reports to EPA related to permitting over past years, this report draws
attention to newer permit related challenges in need of environmental justice attention
and action by EPA and others.
Permits from other federal agencies need environmental justice review and support from
EPA and the Interagency Working Group on Environmental Justice. Examples include:
U.S. Army Corps of Engineers Section 404 permits; U.S. Department of Defense clean-up
work on Formally Used Defense Sites; and U.S. Department of Interior environmental
work/oversight in Indian Country.
Based on the NEJAC's advice and recommendations on permitting, EPA created a basis for
considering environmental justice concerns in the permitting process in Plan EJ 2014. Under
Plan EJ 2014, the Agency developed guidance on when and how to conduct enhanced
outreach to communities in conjunction with EPA permits or permit renewals. Asa result,
each EPA regional office developed and is implementing a Regional Implementation Plan
identifying how they will do this enhanced outreach. EPA also provided promising practices
for business and industry on engaging neighboring communities to build trust and promote
better understanding. EPA continues to emphasize and highlight public participation
requirements in all permitting processes to ensure that permit writers consult with affected
communities on an ongoing and continuing basis.
NEJAC's advice and recommendations on permitting continue to be considered within EPA's
draft Plan EJ 2020. The environmental justice in permitting area of Plan EJ 2020 will ensure
that environmental justice is routinely considered in EPA permitting in all appropriate
circumstances. This means that in initiating a permitting action, EPA permit writers will
consider whether there are environmental justice concerns present in the community
affected by the permit. Wherever appropriate, EPA will conduct enhanced outreach to fully
understand those concerns and perform analyses of potential local impacts on overburdened
communities. Under this plan, EPA will also expand the availability of information resources,
especially web-based information, to help communities further understand EPA permitting
53 National Environmental Justice Advisory Council (May 2011). Enhancing Environmental Justice in EPA Permitting Programs.
NEJAC 20-Year Retrospective Report | 44
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processes, and how they might participate effectively in it. EPA will engage in discussions
with our regulatory partners and external stakeholders, including community representatives
and permit applicants about considering environmental justice concerns in permitting. Over
time this information may grow to include best practices that permitting agencies, permit
applicants, and communities might employ to ensure meaningful communication and
participation. The recent release of Plan EJ 2020 is a continuation of the work and progress
achieved within Plan EJ 2014 and EPA's continued commitment for public participation.
IMPROVING RELATIONS WITH TRIBAL GOVERNMENTS AND INDIGENOUS PEOPLES
Since the establishment of the Office of Environmental Justice, and the creation of NEJAC,
the Agency has worked to determine how it can effectively work with federally recognized
tribes and indigenous peoples to address their priority environmental and public health
concerns. The NEJAC first focused its recommendations on the importance of the Agency
affirming and developing effective government to government relationships with federally
recognized tribes to provide for environmental protection in Indian country, and noted the
importance of public participation in environmental programs. As such, the NEJAC's
Indigenous Peoples Subcommittee helped the NEJAC create a set of recommendations in
2000, resulting in a Guide on Consultation and Collaboration with Indian Tribal Governments
and the Public Participation of Indigenous Groups and Tribal Members in Environmental
Decision Making.54 The Guide sought to address concerns raised about the lack of effective
consultation and collaboration between federal agencies and American Indian and Alaska
Native tribal governments. The NEJAC also wanted to help EPA and other interested
stakeholders better understand the necessity of, and principles for, effective consultation
with tribal governments, and the need for meaningful involvement of tribal communities and
tribal members in environmental decision making processes. Some of the advice and
recommendations in the Guide are:
Operate within a government-to-government relationship with tribes.
Consult, to the greatest extent practicable, with tribes prior to taking actions that affect
tribes. These consultations must be open and candid so that all interested parties may
determine the potential impact of proposed actions.
Assess the impact of all federal plans, projects, programs, and activities on tribal trust
resources, and assure thosetribes' rights and concerns are considered during the
development of plans, projects, programs and activities.
Take appropriate steps to remove procedural impediments to working directly and
effectively with tribes on activities affecting the property or rights of tribes.
This Guide was instrumental in helping inform the development of the EPA Policy on
Consultation and Coordination with Indian tribes, which was completed in 2010, as well as
other federal agencies which have developed their own tribal consultation policies.
SUPPORTING TRIBAL CAPACITY FOR ADVANCING ENVIRONMENTAL JUSTICE
54 National Environmental Justice Advisory Council (November 2000). Guide on Consultation and Collaboration with Indian Tribal
Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making.
NEJAC 20-Year Retrospective Report | 45
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A few years later, to build upon the Guide, the NEJAC developed advice and
recommendations on how EPA can help tribes develop effective public participation
processes to meaningfully involve interested members and residents in the environmental
decision-making processes, to enhance environmental justice for indigenous peoples and
others living and working in Indian country and in Alaska Native villages. This advice and
recommendations were included in the NEJAC's 2004 document, Meaningful Involvement
and Fair Treatment bv Tribal Environmental Regulatory Programs. Some of the advice and
recommendations in the document are55:
EPA should work with tribes to develop an understanding of tribal traditional principles of
equity, fairness, and justice so as to better understand the tribes' due process and public
participation approaches.
EPA should develop materials to inform tribal governments about the federal
environmental laws and regulations requiring public participation and due process.
EPA should work collaboratively with tribes to develop training and education for tribes,
tribal members, and tribal community-based organizations on meaningful involvement
and fair treatment.
EPA should assist the tribes who are interested in developing administrative procedures
(including processes for public participation and due process) so they will be better
prepared to develop and implement federally-approved tribal environmental programs.
EPA should support coordination and collaboration among the tribes that have
established meaningful involvement and fair treatment processes with the tribes seeking
to develop their own processes.
55 Nation a I Environmental Justice Advisory Council (2004). Meaningful Involvement and Fair Treatment by Tribal environmental
Regulatory Programs.
NEJAC 20-Year Retrospective Report | 46
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Several years later, in October 2011, EPA asked the
NEJAC to expound on its earlier input and provide advice
and recommendations about how the Agency can more
effectively work with federally recognized tribes and
indigenous peoples to address environmental justice
issues in Indian country and in other areas of tribal and
indigenous interest. In particular, the Agency wanted
recommendations on ways to improve the incorporation
of environmental justice in tribal environmental capacity-
building and federal implementation programs;
collaboration with federally-recognized tribal governments
in addressing environmental justice concerns;
collaboration with tribal community-based organizations
and other indigenous peoples; and coordination with
other federal agencies on tribal and indigenous peoples
environmental justice issues. To respond to the charge,
NEJAC formed a NEJAC Indigenous Peoples WorkGroup,
who finalized a report in January 2013 entitled,
Recommendations for Fostering Environmental Justice for
Tribes and Indigenous Peoples. 56 The WorkGroup is
comprised of tribal and indigenous environmental justice
stakeholder representatives.
Key recommendations of the report include:
EPA should seek input and the meaningful
involvement and engagement of tribal and indigenous
communities, state-recognized tribes, and other indigenous stakeholders in the Agency's
decision-making processes, pertaining to policies, projects and activities that may affect
them and/or their traditionally used lands, waters, air and territories.
EPA should comply with its long-standing Indian Policy principles, which have established
sufficient guidance (EPA's 1984 Indian Policy, and Executive Order 12898) for the Agency
to work effectively with tribal governments regarding on- reservation environmental
justice issues.
EPA should continue to recognize and support tribal authority to set environmental
standards, make environmental policy decisions, and to manage environmental
programs, demonstrating respect for internal tribal governmental affairs.
EPA should elevate the role of Regional Environmental Justice and Tribal Coordinators/
Liaisons.
EPA should create a standing Indigenous Peoples Environmental Justice Committee (or
standing Subcommittee of the NEJAC) to help advise EPA to address Environmental
Justice concerns.
EPA should meaningfully consult with tribal governments and obtain community input
prior to making policy or project decisions that may affect them and/or their traditionally
used lands, waters, air and territories. It is equally important that both the EPA and tribal
governments seek input from their tribal members whose subsistence lifeways, lands,
56 National Environmental Justice Advisory Council (January 2013). Recommendations for Fostering Environmental Justice for
Tribes and Indigenous Peoples.
The NEJAC reports on Tribal
government indigenous community,
and Alaska Native consultation,
collaboration, meaningful
involvement and fair treatment have
taught EPA staff and Indian
stakeholders a lot It has taught us
about internal EPA policies
regarding Tribal government and
indigenous communities, and how
EPA can better communicate and
establish relationships with these
organizations. Many Tribal
governments and indigenous
communities also use these
documents as guidance b develop
environmental programs."
-Tom Goldtooth, Executive Director
Indigenous Environmental Network
NEJAC 20-Year Retrospective Report | 47
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waters and air quality may be impacted by decisions made by tribal entities and
governments.
The Agency also charged NEJAC to provide advice and recommendations on its draft "EPA
Policy on Environmental Justice forTribes and Indigenous Peoples." The Council provided
EPA with a list of recommendations that improved the wording and language of the draft
document, as well as asking the EPA to consider developing Memoranda of Understandings
with other federal agencies to coordinate and collaborate when addressing tribal and
Indigenous peoples environmental justice concerns. The NEJAC also issued Proposed Advice
and Recommendations on Implementation of the EPA Policy on Environmental Justice for
Tribes and Indigenous Peoples in September 2014.57
Key recommendations from this report include:
Adopt the Indigenous notion of Traditional Ecological Knowledge and Wisdom (TEKW)to
inform EPA policy, making explicit reference to a "holistic" approach.
Promote the EPA Tribal/Indigenous EJ Policy at the regional level to enhance tribal
government and program-level awareness and solicit feedback from tribal
representatives regarding implementation effectiveness and/or issues pertaining to
environmental justice.
Include in EPA's National Program Manager (NPM) guidance goals and targets for the EPA
Tribal/Indigenous EJ Policy as headquarters and regional offices continue implementation
efforts on a government-to-government basis with tribal leadership.
Elevate tribal government leaders, tribal or indigenous elders, and other community
identified leaders to increase tribal government and indigenous peoples'visibility through
collaboration/co-management/joint learning between tribes, federal agencies, states and
non-profit organizations working within tribal or indigenous communities.
Increase funding for the Environmental Justice Collaborative Problem- Solving
Cooperative Agreement Program (EJCPS) so that tribal-specific programs can be
increased.
Help other federal agencies and interagency work groups develop an understanding and
comprehension of environmental justice as it pertains to federally recognized tribal
governments and indigenous peoples, recognizing the relationship to each other,
distinction from each other, and necessity for separate engagement and responsibilities
to each.
Establish regional Environmental Justice Liaisons who can help conduct outreach and
share information that is relevant to tribal nations and indigenous peoples within their
jurisdiction who may be impacted by an EPA decision or proposal.
NEJAC advice and recommendations helped inform the Agency's policy in working with tribal
governments and all other indigenous peoples, and has been influential in how the Agency
plans to implement the policy and influence the EPA's programs, policies and activities.
57 National Environmental Justice Advisory Council (September 2014). Proposed Advice and Recommendations on Implementation
of the EPA Policy on Environmental Justice for Tribes and Indigenous Peoples.
NEJAC 20-Year Retrospective Report | 48
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Based on the January 2013 NEJAC recommendations on the draft EPA Policy on
Environmental Justice, EPA released its Policy on Environmental Justice for Working with
Federally Recognized Tribes and Indigenous Peoples. The Policy describes how EPA works
with federally recognized tribes and indigenous peoples and explains how the Agency
protects the environment and public health in Indian country and in other areas of interest
to tribes and indigenous peoples. It contains 17 principles in the areas of58:
Direct implementation of federal environmental programs in Indian country, and
throughout the United States.
Work with federally recognized tribes/tribal governments on environmental justice.
Work with indigenous peoples (state recognized tribes, tribal members, etc.) on
environmental justice.
Collaborate with federal agencies and others on environmental justice issues of tribes,
indigenous peoples, and others living in Indian country.
The Agency is currently in the process of developing effective measures for the
implementation of the Policy, which include measures which are planned for the Agency's
next five year environmental justice strategy, the EJ 2020 Action Agenda.
PROMOTING STRATEGIES TO REDUCE IMPACTS OF GOODS MOVEMENT
ACTIVITIES
In June 2007, the EPA charged the NEJAC to provide advice and recommendations in
assessing how the Agency can most effectively promote strategies with various stakeholders
to identify, mitigate, and/or prevent disproportionate burden of air pollution caused by goods
movements. The NEJAC created the Goods Movements WorkGroup, who produced the
previously mentioned report in November 2009 entitled, Reducing Air Emissions Associated
with Goods Movement: Moving Toward Environmental Justice. The recommendations
focused on ways in which EPA can support reducing air pollution from goods movements and
its impacts on communities with environmental justice concerns living near goods movement
facilities, such as air and marine ports, rail yards, highways, and distribution centers.
In addition to providing advice and recommendations on how to effectively engage the public
to help them make better decisions, as mentioned earlier, the report focused on six other
areas of focus:
Health Research Gaps and Educational Needs
Regulatory and Enforcement Mechanisms
Land Use
Technology
Environmental Management and Performance
Financing
58 National Environmental Justice Advisory Council (January 2013). Recommendations for the Working Draft of EPA Policy on
Environmental Justice for Tribes and Indigenous Peoples
NEJAC 20-Year Retrospective Report | 49
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Some key advice and recommendations on EPA's goods movement related policies,
programs, and activities include:
Direct each of the ten regions of EPA to identify and prioritize areas or communities
maximally exposed or affected by goods movement related facilities and activities for
taking action.
Initiate mechanisms, processes and venues for reaching agreements on actions needed
to reduce health impacts from goods movement in the identified communities.
Accelerate introduction of existing, cleaner technologies and systems by providing
needed resources using incentives, regulatory actions, modifying existing funding and
financing programs, creating new funding mechanisms, and offering technical assistance.
Support additional research and data gathering, with full community involvement and
participation to accelerate emission reduction from goods movement activities.
On July 2010, EPA released a response to NEJAC's advice and recommendations on goods
movement. The Agency addressed its response and actions related to the NEJAC
recommendations. Key responses and actions included:
EPA regions are in the process of creating an inventory of goods movement facilities
located near communities with environmental justice concerns using Geographic
Information Systems and other tools.
EPA has made significant progress in regulating emissions from engines and vehicles
used in freight operations and programs.
The 2010-2012 Ports Air Quality Plan contains specific commitments for actions to
address emissions from port operations.
EPA's draft transportation conformity guidance for quantitative hot-spot analysis provides
a method for quantitatively assessing the local impacts of transportation objects.
EPA will continue to promote Environmental Management Systems through its SmartWay
and Clean Ports USA Programs.
EPA will encourage eligible communities to submit applications for Clean Diesel Grants.
EPA will build on the success of the Tribal Diesel Emissions Reduction Grants.
Moreover, based on NEJAC's advice and recommendations, the EPA Executive Management
Council selected two Agency goods movement goals in its strategic planning process.
The recently established Federal EJ IWG Goods Movement Committee goal is to help reduce
environmental and health effects of commercial transportation and supporting infrastructure
that may impact low-income, minority, and tribal populations while ensuring efficient goods
movement and assuring overburdened communities have greater opportunities to benefit.
Further, EPA charged its Mobile Sources Technical Review Subcommittee under the Clean Air
Act Advisory Committee to establish a Port Initiative Workgroup, to provide the Agency with
recommendations on 1) how to effectively measure air quality and GHG performance of
ports and/or terminals within ports; and 2) design elements for an EPA-led voluntary
program to improve environmental performance as goods move through ports (including
program element requirements for meaningful engagement between port communities and
ports). Once finalized, these recommendations will inform EPA's development and
NEJAC 20-Year Retrospective Report | 50
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implementation of an EPA-led voluntary initiative to improve port environmental
achievement and air quality for port communities.
IMPROVING EMERGENCY PREPAREDNESS, PREVENTION, AND RESPONSE
Disasters have detrimental impacts on overburdened and underserved communities that are
already being impacted by environmental hazards. EPA is often called upon to respond to
emergency events that have environmental impacts on the environment and human health.
NEJAC has provided advice and recommendations to help EPA better address concerns of
communities that have been, as well as may be in the future, impacted by emergency
events and disasters.
GULF COAST HURRICANES AND ENVIRONMENTAL JUSTICE
In August 2006, in the aftermath of the 2005 Gulf Coast hurricanes, NEJAC issued a report
which provided recommendations on how EPA could enhance its disaster preparedness and
response procedures, better facilitate risk communication and environmental health
response, and foster environmentally sound redevelopment.59
As a result, on February 7, 2007, EPA communicated to
NEJAC that it was amending its emergency management
procedures to enhance the Agency's ability to address
environmental justice issues. For example, the emergency
management Incident Command Systems Liaison Officer,
who is in charge of coordinating contact with key
stakeholders, will ensure that environmental justice issues
are addressed in a timely manner and brief the Incident
Commander as necessary.
Other actions were taken by EPA in response to the
recommendations contained in NEJAC's August 2006 Gulf
Coast Hurricanes and Vulnerable Populations report to
incorporate environmental justice considerations into its
disaster preparedness and response procedures. In its
response, EPA noted that it was taking the following
actions60:
Use a geographic information tool to identify vulnerable populat
baselines and outreach strategies during emergency situations.
Environmentalism is not only
about protecting wilderness or
saving polar ice caps. As
important as those things are,
environmentalism is also about
protecting people in the places
where they live, and work, and
raise families. Its about making
our urban and suburban
neighborhoods safe and clean,
about protecting children in their
schools, and workers at their
jobs."
-Lisa Jackson, Former EPA
Administrator
ons to establish
59 National Environmental Justice Advisory Council (August 2006). The 2005 Gulf Coast Hurricanes and Vulnerable Populations-
Recommendations for Future Disaster Preparedness/Response.
60 Nakayama, Granta (February 2007). Letter in response to The 2005 Gulf Coast Hurricanes and Vulnerable Populations-
Recommendations for Future Disaster Preparedness/Response.
NEJAC 20-Year Retrospective Report | 51
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In response to the NEJAC's advice and
recommendations regarding emergency response,
EPA sent environmental justice envoys to the Gulf
Coast following the Deepwater Horizon Oil Spill in
2010 in order to ensure that environmental justice
considerations were incorporated into the
response to the oil spill. In 2012, EPA sent
environmental justice staff to assist with ensuring
that environmental justice considerations were
addressed during the aftermath of Superstorm
Sandy.
IMPROVING CHEMICAL PLANT DISASTERS
Following the requests of several environmental justice advocates in the October 2011
NEJAC meeting on the urgent need for EPA to act to prevent chemical disasters, in March
2012, the NEJAC issued a letter to advise EPA to use its authority under the "General Duty
Clause" of the 1990 Clean Air Act, section 112(r), known as the Bhopal clause. NEJAC
recommended that EPA require covered chemical facilities to prevent catastrophic chemical
releases. This action would reduce the danger and imminent threat that chemical plants,
chemical manufacturing, and the transport and storage of hazardous chemicals pose to
environmental justice and all communities. 61
On August 2013, EPA issued a response to this letter, which noted that the Agency has been
working across the federal agencies to improve overall programs in the area.62 In addition,
the President also signed Executive Order 13650, "Improving Chemical Facility Safety and
Security," on August 1, 2013, which directs the federal government to:
Improve operational coordination with state, local, and tribal partners, including
developing a plan to support and further enable state regulators, emergency responders,
61 National Environmental Justice Advisory Council (March 2012). Recommendations for the Prevention of Chemical Plant
Disasters.
62 Stanislaus, Mathy (August 2013). Letter in response to Recommendations for the Prevention of Chemical Plant Disasters.
Update its list of environmental justice contacts, from all stakeholder groups, that can be
accessed quickly in case of future disasters. These contacts can assist the Agency in
ensuring adequate outreach to vulnerable communities.
Develop information materials about the use of environmental waivers during disasters,
and use these materials as part of its stakeholder communications activities during future
emergency response situations.
Utilize its long history of effectively using neutral parties to help solve complex, multi-
party environmental issues. EPA's Alternative Dispute Resolution (ADR) policy, adopted in
2000, affirms the Agency's strong support for using ADR to deal with environmental
disputes and conflicts. EPA will evaluate and consider where the use of dispute resolution
tools could assist EPA's response efforts with
communities and others.
Destruction caused by Hurricane Katrina;
NewOrleans, LA; September 2005
NEJAC 20-Year Retrospective Report | 52
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chemical facility owners and operators, and communities to work together to improve
chemical facility safety and security.
Enhance federal agency coordination, including a pilot program which has already begun,
creating standard operating procedures, and updating agreements with the Chemical
Safety and Hazard Investigations Board.
Enhance information collection and sharing, including ways to help identify chemical
facilities which may not have provided all required information or may be non-compliant
with federal requirements, propose a flexible data-sharing process, and recommend
changes to streamline and improve data collection to meet the needs of the public and
agencies.
Modernize policies, regulations and standards, including developing options for improved
chemical facility safety and security that identifies improvements to existing risk
management practices, engaging key stakeholders in the effort, and developing a plan
for implementing improvements.
Identify best practices, including convening stakeholders to identify and share successes
to date and best practices to reduce safety risks and security risks in the production and
storage of potentially harmful chemicals, including through the use of safer alternatives,
adoption of best practices, and potential public-private partnerships.
In February 2014, as a response to the catastrophic chemical spill at Elk River that
contaminated the public water source that services 300,000 residents (20-29 percent of the
population lives below the poverty line), the NEJAC issued a letter recommending EPA, and
other officials, convene a listening session on President Obama's Executive Order 13650 in
Charleston, West Virginia by March 31, 2014.63 The listening session would provide a voice
to the individuals, organizations, and communities impacted by the spill and shape the
implementation oftheEO.
The EPA issued a response in May 2014, which agreed with the issues raised by the NEJAC.64
EPA OLEM Assistant Administrator Mathy Stanislaus and staff held a call with the West
Virginia Community Development Hub and her partners to discuss their concerns and the
Executive
Order. As part of the effort to further address the issues raised by the spill as it relates to
the actions of the Order, the federal agencies were reviewing the hazardous chemical
regulatory authorities, including strengthening the planning and preparedness capabilities of
local responders and replicating best practices. The EO Working Group also developed a set
of actions to improve stakeholder coordination in six categories:
Expand engagement of the chemical regulated community in the local emergency
planning process.
63 National Environmental Justice Advisory Council (February 2014). Recommendations Regarding the January 2014 Chemical
Spill in Charleston, 1/l/esf Virginia.
64 Sta nislaus, Mathy (May 2014). Letter in response to Recommendations Regarding the January 2014 Chemical Spill in
Charleston, 1/l/esf Virginia.
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Improve training and protection for first responders, including a comprehensive
implementation and compliance strategy for Hazardous Waste Operations and Emergency
Response regulations.
Provide further technical assistance to State Emergency Response Commissions, Tribal
Emergency Response Commissions, Local Emergency Planning Committees (LEPCs), and
Tribal Emergency Planning Committees (TEPCs) preparedness activities.
Identify and coordinate funding sources for LEPCs/TEPCs to sustain planning activities.
Increase use of electronic reporting and data management.
Improve public participation in LEPC/TEPC emergency response planning and access to
information about chemical facility risks.
Moreover, the Working Group will continue to review feedback and commentary on the
recommended actions from stakeholders. NEJAC advice and recommendations continue to
impact how the Agency and other federal agencies address the future of chemical facility
safety.
CLIMATE CHANGE AND HEALTH
During discussions with NEJAC stakeholders for the development of this report, many
stakeholders noted that NEJAC has been in the forefront of raising new and emerging
environmental health concerns to the Agency. One of those emerging issues was climate
change. In the aftermath of Superstorm Sandy, the NEJAC began working on
recommendations for addressing the impacts of sea level rise in industrial waterfront
communities. The final report was issued in 2015.
"NEJAC has been instrumental in
bringing a spotlight to important
environmental justice issues, and
where they are occurring. It provides a
forum for raising issues for
environmental justice communities,
and working together to resolve those
issues. NEJAC's greatest success has
been identifying specific actions within
the role and responsibility of EPA and
overseeing EPA's implementation.
This requires dedicated staff and
resources by EPA working with a
subgroup of the NEJAC to translate
issues raised by the NEJAC and by
stakeholders to the NEJAC to
actionable items."
-Mathy Stanislaus, Assistant Administrator,
Office of Land and Emergency Management,
EPA
The issue of climate change has also been raised
several times by the NEJAC Indigenous Peoples
Workgroup as it addressed issues around adverse
weather and persistent organic pollutants. The NEJAC
will continue to be involved and engaged with the
Agency about this critical issue and the discussions
about how to address the adverse impacts of climate
change that effect communities with environmental
justice concerns.
STRENGTHENING THE PARTICIPATION OF
BUSINESS AND INDUSTRY IN ENVIRONMENTAL
JUSTICE, GREEN BUSINESS AND
SUSTAIN ABILITY
In April 2008, EPA asked the NEJAC to consider how
EPA might enhance its efforts to engage the private
sectorbusiness and industryin a meaningful dialogue
to strengthen the links between environmental justice,
green business, and sustainability. After careful
consideration, NEJAC believes that EPA is well
positioned to facilitate a meaningful dialogue with
business and industry on these topics.
NEJAC 20-Year Retrospective Report | 54
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NEJAC recommended on September 30, 2008, that EPA do the following65:
EPA should address both the potential disproportionate impacts of climate change on
communities with environmental justice concerns and opportunities to achieve
environmental justice benefits.
EPA should maximize the benefits of its existing programs in this area by increasing the
internal organization and coordination of relevant existing EPA programs.
EPA should continue to facilitate a meaningful conversation in this areathat has in
many ways already begunwith businesses and communities and other interested
parties, though various forms, to ensure a broad and inclusive scope for this dialogue.
EPA should increase and actively encourage policy-relevant research by its Office of
Research and Development (ORD), Office of Air Quality Planning and Standards (OAQPS),
and other internal and external partners to identify and maximize the potential to achieve
environmental co-benefits and environmental justice benefits in this area.
EPA should reach out to educate businesseslarge and smalland related organizations
by creating a practical and persuasive "toolbox"to help environmental and policy
professionals within companies (as well as community members and shareholders) make
the environmental as well as the business case for environmental justice and co-benefits.
EPA has taken action in all these areas subsequent to the NEJAC report. For example, EPA
has developed many programs and projects that partner with industry and others to reduce
greenhouse gas emissions. EPA plays a significant role in these partnerships, providing
technical expertise and encouraging voluntary reductions from the private sector. For
instance, EPA's Climate Protection Partnerships Division launched the Center for Corporate
Climate Leadership to establish norms of climate leadership by encouraging organizations
with emerging climate objectives to identify and achieve cost-effective greenhouse gas
emission reductions, while helping more advanced organizations drive innovations in
reducing their greenhouse gas impacts in their supply chains and beyond.66 In addition,
programs such as SmartWay and the National Clean Diesel Campaign aim to reduce
pollution and improve air quality by means of forming partnerships with small and large
businesses, citizen groups, industry, manufacturers, trade associations, and state and local
governments. 67 EPA is planning more responsive actions in the future, e.g., the 2016 EPA
National Funding Resources and Training Summit for Vulnerable Communities.
65 Nation a I Environmental Justice Advisory Council (September 2008). Strengthening the Participation of Business and Industry in
Environmental Justice, Green Business, and Sustainabiiity.
66 U.S. Environmental Protection Aaencv. Center for Corporate Climate Leadership.
67 U.S. Environmental Protection Aaencv. Transportation and Air Quality Programs.
NEJAC 20-Year Retrospective Report | 55
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THE PATH FORWARD
NEJAC'S CONTINUING CONTRIBUTIONS
As we complete this 20-year retrospective on the major impacts of the NEJAC's advice and
recommendations to EPA, it is important to remember that NEJAC will continue this work. As
NEJAC completed its work in 2014 (its 20th year of operation), it was already beginning to
address future challenges moving forward at the request of EPA.
During 2014, the NEJAC completed several important documents (described earlier in this
report) that provided advice and recommendations to EPA. At the same time, NEJAC was
beginning activities to address the following environmental justice topics:
Assess the implementation of EPA's Agricultural Worker Protection Standard rule from the
perspective of improving the environment and public health in communities
disproportionately burdened by environmental harms and risks.
Reaffirming the need for EPA to address the issue of goods movement, particularly the
concerns of communities significantly affected by goods movement.
Need for more sustained dialogue between EPA and the NEJAC on issues pertaining to
improving full and vigorous enforcement of the Civil Rights Act of 1964.
Assess the goals contained in EPA's proposed Clean Power Plan rule to reduce carbon
dioxide emissions from power plants, and minimize detrimental impacts of climate
change on communities with environmental justice concerns.
In 2016, the EPA established the NEJAC Youth Perspectives on Climate Change Workgroup,
requesting NEJAC to provide recommendations to assist the Agency in developing best
practices for addressing climate change concerns from a youth perspective. With substantial
input from NEJAC, EPA also released in 2016 its updated version of EJSCREEN, its online tool
for environmental justice mapping and screening.
It is clear that the important work of NEJAC on environmental justice continues into the
future.
NEJAC 20-Year Retrospective Report | 56
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APPENDIX A
HISTORICAL NEJAC MEMBERSHIP
2014
Margaret May (Chair)
Sherri White (DFO)
Teri Blanton
Peter Captain, Sr.
Charles Chase
Kerry Doi
Ellen Drew
Mike Ellerbrock
Andrea Guajardo
Stephanie Hall
Effenus Henderson
Savonala 'Savi' Home
Cynthia Kim Len
Rezentes
Rosalyn LaPier
Vernice Miller-Travis
Michelle Moore
Kandi Mossett
Edith Pestana
Deidre Sanders
Fatemeh Shafiei
Nicky Sheats
Paul Shoemaker
Kenneth Smith
Horace Strand
Javier Francisco Torres
Kimberly Wasserman
Jill Witkowsk
2013-2014
Elizabeth Yeampierre
(Chair)
Margaret May (Co-chair)
Victoria Robinson (DFO)
Terri Blanton
Peter M. Captain, Sr.
Andrea Guajardo
Stephanie Hall
Monica Hedstrom
Effenus Henderson
Savonala 'Savi' Home
Vernice Miller-Travis
Edith Pestana
Nia Robinson
Deidre Sanders
Fatemeh Shafiei
Nicky Sheats
Horace Strand
Paul Shoemaker
Kenneth Smith
Nicholas Targ
Javier Francisco Torres
Kimberly Wasserman
2011-2012
Elizabeth Yeampierre
(Chair)
Victoria Robinson (DFO)
Terri Blanton
Sue Briggum
Peter M. Captain, Sr.
Jolene Catron
Stephanie Hall
Jodena Henneke
Savonala 'Savi' Home
Langdon Marsh
Margaret May
Vernice Miller-Travis
Paul Mohai
Fr. Vien T. Nguyen
Edith Pestana
John Ridgway
Nia Robinson
Patricia Sal kin
Nicholas Targ
Kimberly Wasserman
2009-2010
Richard Moore (Chair)
Victoria Robinson (DFO)
Don Aragon
Chuck D. Barlow
Sue Briggum
M. Kathryn Brown
Peter Captain, Sr.
Jolene M. Catron
Wynecta Fisher
William Harper
Jodena Henneke
Christian R. Holmes
Hilton Kelley
J. Langdon Marsh
Gregory J. Melanson
Paul Mohai
Shankar Prasad
John Ridgway
John Rosenthall
Patricia E. Sal kin
Omega R. Wilson
Elizabeth Yeampierre
NEJAC 20-Year Retrospective Report | 57
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2007-2008
Richard Moore (Chair)
Jodena Henneke
John Ridgway
Charles Lee (DFO)
Christian R. Holmes
John Rosenthall
Chuck D. Barlow
Joyce King
Patricia E. Sal kin
Sue Briggum
J. Langdon Marsh
Donele Wilkins
M. Kathryn Brown
Gregory J. Melanson
Omega R. Wilson
Jolene M. Catron
Paul Mohai
Elizabeth Yeampierre
William Harper
Shankar Prasad
2005-2006
Richard Moore (Chair)
Tom Goldtooth
Andrew Sawyers
Charles Lee (DFO)
Jodena N. Henneke
Wilma Subra
Sue Briggum
Richard Lazarus
Connie Tucker
Charles T. "Chip" Gollette
Harold Mitchell
Kenneth Warren
Stephen Brian Etsitty
Shankar Prasad
Benjamin Wilson
Eileen Gauna
Juan H. Parras
2004
Veronica Eady (Chair)
Walter Handy, Jr.
Andrew Sawyers
Mary Nelson
Robert Harris
Wilma Subra
Charles Lee (DFO)
Philip Hillman
Connie Tucker
Charles Collette
Lori Kaplan
Kenneth Warren
Judith Espinosa
Pamela Kingfisher
Terry William
Richard Gragg
Juan Parras
Jason Grumet
Graciela Ramirez-Toro
2003
Veronica Eady (Chair)
Walter S. Handy, Jr.
Andrew Sawyers
Mary Nelson
Robert L. Harris
Wilma Subra
Charles Lee (DFO)
Jodena Henneke
Connie Tucker
Charles T. Collette
Philip Hillman
Kenneth J. Warren, Esq.
Larry Charles Judith
Lori F. Kaplan
Terry Williams
Espinosa
Pamela Kingfisher
Tseming Yang
Richard Gragg, III
Juan H. Parras
Jason S. Grumet
Graciela I. Ramirez-Toro
2002
Peggy Shepard (Chair)
Jason Grumet
Mary Nelson
Charles Lee (DFO)
Eileen Guana
Graciela Ramirez-Toro
Larry Charles
Walter Handy, Jr.
Jane Stahl
Veronica Eady
Robert Harris
Wilma Subra
Judith Espinosa
Lori Kaplan
Jana Walker
Anna Frazier
Pamela Kingfisher
Kenneth Warren
Tom Goldtooth
Adora Iris Lee
Terry Williams
Richard Gragg, III
Harold Mitchell
Tseming Yang
NEJAC 20-Year Retrospective Report | 58
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2001
Peggy Shepard (Chair)
Charles Lee (DFO)
Rose Augustine
Larry Charles
Fernando Cuevas
Anna Frazier
Eileen Gauna
Michel Gelobter
Richard Gragg
Robert Harris
Savonala Home
Annabelle Jaramillo
Vernice Miller-Travis
Harold Mitchell
David Moore
Mary Nelson
Graciela Ramirez-Toro
Alberto Saldamando
Jane Stahl
Dean Suagee (proxy for
Jennifer Hill-
Kelley)
Wilma Subra
Jana Walker
Kenneth Warren
Pat Wood
Tseming Yang
2000
Haywood Turrentine
(Chair)
Peggy M. Shepard
Charles Lee (DFO)
Don J. Aragon
Rose Augustine
Luke Cole
Fernando Cuevas
Arnoldo Garcia
Michel Gelobter
Tom Goldtooth
Jennifer Hill-Kelley
Patrica Hill-Wood
Annabelle Jaramillo
Vernice Miller-Travis
Meghan Magruder
Harold Mitchell
Carlos Padin
Marinelle Payton
Rosa Hilda Ramos
Jane Stahl
Gerald Torres
Robert W. Varney
Jana Walker
Damon Whitehead
Jess Womack
Patricia Wood
Tseming Yang
1999
i-iaywooa lurrentine
(Chair)
Charles Lee (DFO)
Don Aragon
Rose Marie Augustine
Leslie Ann Beckoff Cornier
Sue Briggum
Dwayne Beavers
Luke Cole
i-ernanao Luevas, br.
Rosa Franklin
Arnoldo Garcia
Michel Gelobter
Tom Goldtooth
Jennifer Hill-Kelley
Annabelle Jaramillo
Vernice Miller-Travis
David Moore
marinene rayton
Gerald Prout
Rosa Hilda Ramos
Peggy Shepard
Jane Stahl
Gerald Torres
Damon Whitehead
Margaret Williams
Tseming Yang
1998
i-iaywooa lurrentine
(Chair)
Robert Knox (Acting DFO)
Don Aragon
Leslie Beckhoff
Jean Belille
Christine Benally
Sue Briggum
Dollie Burwell
LUKe Loie
Mary English
Rosa Franklin
Arnoldo Garcia
Graver Hankins
James Hill
Lawrence Hurst
Annabelle Jaramillo
Lillian Kawasaki
unaries Lee
Gerald Prout
Arthur Ray
R. Lewis Shaw
Gerald Torres
Baldemar Velasquez
Damon Whitehead
Margaret Williams
NEJAC 20-Year Retrospective Report | 59
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1995-1996
Richard Moore (Chair)
Jean Gamache
Charles McDermott
Dr. Clarice Gaylord (DFO)
Dolores Herrera
Michael Pierle
John C. Borum
Lawrence G. Hurst
Arthur Ray
Walter Bresette
Hazel Johnson
Honorable Salomon
Robert Bulla rd
Richard Lazarus
Rondon-Tollens
Mary R. English
John O'Leary
Gail Small
Deeohn Ferris
Charles Lee
Peggy Saika
Jean Sindab
Velma Veloria
Haywood Turrentine
Nathalie Walker
Baldemar Velasquez
Beverly Wright
1994
Richard Moore (Chair)
Delores Herrera
Gail Small
Clarice Gaylord (DFO)
Richard Lazarus
Cindy Thomas
Jose Bravo
Charles Lee
Baldemar Velasquez
Bunyan Bryant
Charles McDermott
Velma Veloria
Robert Bulla rd
Laurie Morisette
Sam Winder
Herman Ellis
John O'Leary
Beverly Wright
Deeohn Ferris
Peggy Saika
John Hall
Jean Sindab
NEJAC 20-Year Retrospective Report | 60
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APPENDIX B
CURRENT AND FORMER EPA OFFICIALS AND NEJAC MEMBERS WITH WHOM
DISCUSSIONS WERE CONDUCTED
Mustafa Ali°
Senior Advisor to EPA
Administrator on EJ and
Com m unity Revitalization
Myra Blakely*
Former Deputy Director
Office of Brownfields and
Land Revitalization, EPA
Rob Brenner*
Form er Director
Office of Policy and
Regulatory Review
Office of Air and Radiation,
EPA
Sue Briggum*0
Vice President, State and
Federal Policy
Waste Management, Inc.
Bunyan Bryant*
Professor Emeritus
University of Michigan
Robert D. Bullard*
Dean of the Barbara Jordan-
Mickey Leland School of
Public Affairs
Texas Southern University
Mike Callahan*
Former Senior Science
Advisor to the Regional
Administrator
EPA Region 6
Director of the Washington
Division
National Center for
Environmental Assessment
Jerry Clifford*
Form er Deputy Assistant
Administrator
Office of International
Affairs, EPA
Former Deputy Regional
Administrator
Region 6, EPA
Veronica Eady Famira*
Former Associate General
Counsel and Environmental
Justice Program Coordinator
New York Lawyers for the
Public Interest
Form er Director of the
En vironm en tal Justice an d
Brownfields Programs
Massachusetts Executive
Office of Environmental
Affairs
Former Assistant Regional
Counsel, EPA
Deeohn Ferris*
President
Global Environmental
Resources, Inc.
Tim Fields*
Senior Vice President
MDB, Inc.
Form er Assistant
Administrator
Office of Solid Waste and
Emergency Response, EPA
Linda Garczynski*
Senior Advisor
MDB, Inc.
Former Director, Office of
Brownfields Cleanup and
Redevelopment
Office of Solid Waste and
Emergency Response, EPA
Eileen Gauna*
Professor of Law
University of New Mexico
Andrew Geller°
Deputy National Program
Director
Sustainable and Healthy
Communities Research
Program
Office of Research and
Development
Danny Gogal°
Program Manager
Tribal and Indigenous
Peoples, OEJ
Tom Goldtooth*
Executive Director
Indigenous Environmental
Network
Wendy Graham*
Form er In ternational
En vironm en tal Program
Specialist
Office of International
Affairs, EPA
Phyllis Harris*
Senior Vice President and
Chief Compliance Officer
Wal-Mart Stores, Inc.
Form er Deputy Assistant
Administrator
Office of Enforcement and
Compliance Assurance, EPA
Former Regional Counsel
Region 4, EPA
Reggie Harris0
Senior Toxicologist/Regional
En vironm en tal Justice
Coordinator
Office of Enforcement,
Compliance and
Environmental Justice
Region 3, EPA
Fred Hauchman0
Director, Office of Science
Policy
Office of Research and
Development
Maria Hendriksson*
Form er Director
Office of Communications,
HHS Program Support
Center
Former Associate Director
Office of Environmental
Justice, EPA
Steve Herman*
Principal
Beveridge & Diamond
Form er Assistant
Administrator
Office of Enforcement and
Compliance Assurance, EPA
NEJAC 20-Year Retrospective Report | 61
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Rosa Hilda-Ramos*
Co-Founder
Communities United Against
Contamination
Chris Holmes*
Deputy Assistan t
Administrator and Global
Water Coordinator
U.S. Agency for
International Development
Former Senior Vice
President for Program
Development
Global Environment and
Technology Foundation
Form er Chief Financial
Officer
Office of Administration and
Resources Management,
EPA
Marva King*0
Senior Policy Advisor
Office of Environmental
Justice, EPA
Richard Lazarus*
Professor of Law
Harvard University
Professor of Law
Georgetown University
Charles Lee*
Deputy Associate Assistant
A dm inistrator for
En vironm en tal Justice
Office of Enforcement and
Compliance Assurance, EPA
Ira Leighton*
Former Deputy Regional
Administrator
Region 1, EPA
David Lloyd*
Director, Office of
Brownfields and Land
Revitalization
Office of Land and
Emergency Management,
EPA
Angelo Logan0
Policy Director
Moving Forward Network
Urban & Environmental
Policy Institute
Occidental College
Langdon Marsh*
Fellow
National Policy Consensus
Center
Former Director
Oregon Department of
Environmental Quality
Margaret May°
Executive Director
Ivanhoe Neighborhood
Council
Stan Meiburg*
Acting Deputy Administrator
EPA
Vernice Miller-Travis*0
Vice Chair
Maryland State Commission
on Environmental Justice
and Sustainable
Communities
Harold Mitchell*
House of Representatives
State of South Carolina
Director
ReGenesis, Inc.
Richard Moore*0
Executive Director
Los Jardines Institute
Althea Moses0
En vironm en tal Justice
Coordinator
EPA Region 7
Granta Nakayama*
Partner
King & Spalding
Form er Assistant
Administrator
Office of Enforcement and
Compliance Assurance, EPA
Edith Pestana0
Administrator,
En vironm en tal Justice
Program
Connecticut Department of
Environmental Protection
Cynthia Peurifoy*0
En vironm en tal Justice
Coordinator
Region 4, EPA
Shankar Prasad*
Executive Fellow
Coalition for Clean Air
Former Deputy Secretary
Science and Environmental
Justice, Cal-EPA
Deldi Reyes0
En vironm en tal Justice
Coordinator
EPA Region 9
John Ridgway0
Section Supervisor
Washington State
Department of Ecology
Victoria Robinson*
Environmental Justice
Specialist
Form er Designated Federal
Official for NEJAC
Office of Environmental
Justice, EPA
Dr. Deidre Sanders0
En vironm en tal Justice
Program Manager
Pacific Gas & Electric
William Sanders*
Form er Director
National Center for
Environmental Research
Office of Research and
Development
Mike Shapiro*
Deputy Assistant
Administrator
Office of Water, EPA
Peggy Shepard*
Executive Director
WE ACT
Mathy Stanislaus*0
NEJAC 20-Year Retrospective Report | 62
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Assistant Administrator
Office of Land and
Emergency Management,
EPA
Larry Starfield*
Principal Deputy Assistant
Administrator
Office of Enforcement and
Compliance Assurance, EPA
Wilma Subra*
President
Subra Company
Southern Mutual Help
Association
Louisiana Environmental
Action Network
Matthew Tejada°
Director
Office of Environmental
Justice, EPA
Connie Tucker*
Former Executive Director
Southern Organizing
Committee for Economic
and Social Justice
Director of Com m unity and
Outreach In voivem en t
Superfund Program, EPA
Terry Williams*
Commissioner, Fisheries
and Natural Resources
The Tulalip Tribes of
Washington
Sacoby Wilson0
Assistant Professor
School of Public Health
University of Maryland
Wil Wilson*
Form er En vironm en tal
Justice Coordinator
Office of Air and Radiation,
EPA
Jim Woolford*
Director, Office of
Superfund Remediation and
Technology Innovation
Office of Solid Waste and
Emergency Response, EPA
Elizabeth Yeampierre0
Executive Director
UPROSE
Laura Yoshii*
Former Deputy Regional
Administrator
Region 9, EPA
Jose Zambrana0
Senior Science Advisor in
the Immediate Office of the
Assistant Administrator
Office of Research and
Development
* Interviewed in 2008
° Interviewed in 2016
Suzanne Wells*
NEJAC 20-Year Retrospective Report | 63
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NEJAC 20-Year Retrospective Report | 64
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&EPA
United States
Environmental Protection
Office of Enforcement Compliance and Assurance
Office of Environmental Justice (2201A)
1200 Pennsylvania Avenue, NW
Washington, DC 20460
EPA-300-R-16-002
October 2016
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