m

Headquarters

ACTION PLAN TO INTEGRATE
ENVIRONMENTAL JUSTICE

Office of Prevention, Pesticides, and Toxic Substances

2009 Final

-------
Table of Contents

Page

I.	Approach to Incorporating Environmental Justice (EJ)	2

II.	Organization and Management Structure	2

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

•	EJ Training Module Description and Matrix

•	Lead in Paint Activities Description and Matrix

IV.	External Outreach	9

V.	2009 EJ Review	10

Appendix: Matrix of Compilation of OPPTS EJ Activities

2

OPPTS Environmental Justice Action Plan 2009

-------
I. OPPTS Approach to Incorporating Environmental Justice (EJ)

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

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

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

II. Organizational and Management Structure

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

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

In addition, as a member of EPA's EJ Executive Committee, OPPTS' DAA meets
with other DAA's and regional directors on EJ activities and progress. The information

Page 2

OPPTS Environmental Justice Action Plan 2009

-------
from these meetings is passed on to the EJ Team to ensure that OPPTS' approach to
integrating EJ into policies and programs is consistent with Agency policy and direction.

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

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

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

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

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

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

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

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

Page 3

OPPTS Environmental Justice Action Plan 2009

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

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

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

OPPTS Environmental Justice Action Plan 2009

Page 4

-------
Performance Measures Matrix
OPP EJ Training Module

Applicable Outcome Measure

Activities

Output

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

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

Short-term

(awareness)

Staff will be
equipped with
the knowledge
and tools
needed to
identify
potential EJ
concerns
throughout the
risk assessment
process.

Intermediate

(behavior)

10% of OPP pesticide
assessments will
include EJ
considerations.
For example, areas
considered in risk
assessment will be
filtered through an "EJ
lens" (hazard
assessment, dietary
exposure, occupational
and residential
exposure, incident data)

Staff will use
knowledge gained in
the EJ training to
identify possible EJ
concerns and take
appropriate action.

Staff will report EJ
actions and
considerations to the
OPP divisional EJ
coordinator.

Long-term

(condition)

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

- risk reduction, staff
identifying an EJ
concern earlier in
the process, leaving
time for additional
research, data
request, modeling
etc.;

-clear

characterization of
EJ and sensitive
subpopulations of
concern in the
program's risk
assess-ments;

Point of
Contact(s)

LaShonia

Richardson

richardson.las

honia@epa.g

ov

Page 5

OPPTS Environmental Justice Action Plan 2009

-------
B. Lead in Paint Activities

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

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

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

To further protect children from exposure to lead-based paint, EPA issued new
rules for contractors who renovate or repair housing, child-care facilities or schools built
before 1978. Under the new rules, workers must follow lead-safe work practice
standards to reduce potential exposure to dangerous levels of lead during renovation
and repair activities. The "Lead: Renovation, Repair and Painting Program" rule, which
will take effect in April 2010, prohibits work practices creating lead hazards.
Requirements under the rule include implementing lead-safe work practices and
certification and training for paid contractors and maintenance professionals working in
pre-1978 housing, child-care facilities and schools.

Page 6

OPPTS Environmental Justice Action Plan 2009

-------
To foster adoption of the new measures, EPA will also conduct an extensive
education and outreach campaign to promote awareness of these new requirements.
The rule covers all rental housing and non-rental homes where children under six and
pregnant mothers reside. The new requirements apply to renovation, repair or painting
activities where more than six square feet of lead-based paint is disturbed in a room or
where 20 square feet of lead-based paint is disturbed on the exterior. The affected
contractors include builders, painters, plumbers and electricians. Trained contractors
must post warning signs, restrict occupants from work areas, contain work areas to
prevent dust and debris from spreading, conduct a thorough cleanup, and verify that
cleanup was effective. In general, the program will engage environmental justice
communities, in particular, to ensure we build a cadre of and demand for trained
renovators in the neediest communities.

OPPTS Environmental Justice Action Plan 2009

Page 7

-------
Performance Measures Matrix
OPPT Lead in Paint Activities

Activities

Output

Applicable Outcome Measure

Point of Contact





Short Term

Intermediate

Long Term



OPPT will
work with and
fund projects
in States,
localities,
Territories,
Tribes, and
environmental
justice
communities,
and others to
reduce the risk
of exposure to
lead.

Tribal Baseline Assessment
and Outreach for Lead -
Work in collaboration with
Tribes so that they collect
lead exposure data and
educate parents on lead
poisoning.

Increase understanding of
lead poisoning problem, if
exists, through baseline and
general education on potential
hazards and best practices.
Increase through proposals
development and awards. In
2007, 40 proposals were
received and 15 were
awarded. In early 2008, 15
proposals were received and
are currently being evaluated.

Appropriate maintenance,
removal and clean-up of
lead paint sources by Tribal
parents and communities.
Testing of children for lead
poisoning.

Reduction/elimination
of the number of cases
of children with
elevated blood lead
levels.

Name/Org: Darlene
Watford Tel: 202-
566-0516 E-mail:
watford.darlene@epa.gov



National Community-Based
Lead Outreach and Training
Grant Program - low-
income communities with
older housing partner with
national organizations to
provide lead education and
training.

In 2007, 80 proposals were
received and 15 were
awarded. In early 2008, 57
proposals were received and
are currently being processed.

'09 Measure: 21of outreach
partnerships addressing lead-
based paint hazards and
exposure reduction.

Demand created for lead-
safe work practices to be
performed by workers in the
community.

Increase in the number
of children living in
lead-safe housing.

Name/Org: Darlene
Watford Tel: 202-
566-0516 E-mail:
watford.darlene@epa.gov

Page 8

OPPTS Environmental Justice Action Plan 2009

-------
Activities

Output

Applicable Outcome Measure

Point of Contact

Short Term

Intermediate

Long Term



Targeted Grants to Reduce
Childhood Lead Poisoning.
The grants were available to
a wide range of applicants,
including state and local
governments, Federally-
recognized Indian Tribes
and tribal consortia,
territories, institutions of
higher learning, and
nonprofit organizations for
the purposes of identifying
and reducing lead poisoning
in especially vulnerable
populations.

In early 2007, 211 proposals
were received and 58 were
awarded, totaling over $5
million. This process had
focused communities on the
need to build partnerships to
prevent lead poisoning.

Grants will fund monitoring
programs, public education,
and grass-roots training
efforts so that both public
and governmental behavior
will change to address
ongoing lead contamination
and exposure.

Reduction/elimination
of the number of cases
of children with
elevated blood lead
levels.

Name/Org: Doreen
Cantor Paster Tel: 202-
566-0486 E-mail:
cantor.doreen@epa.gov

Renovation,
Repair, and
Paint Rule

Delegable program which
requires training,
certification, and work
practice standards for
renovation contractors. The
program applies in target
housing and child occupied
facilities, and is designed to
prevent the introduction of
lead hazards resulting from
renovation.

The rule is not fully effective
until April 2010. In the near
term, prior to full
implementation, EPA will be
conducting an extensive
outreach campaign to
consumers and contractors to
increase awareness of the
hazards of renovation and of
the upcoming requirements.
In addition, EPA will
encourage and work with
States and Tribes seeking
authorization to run their own
renovation programs.

EPA will begin the process
of accrediting training
providers in April 2009, in
October 2009 the Agency
will begin firm certification,
and in April 2010 the work
practice requirements will
be effective. The Agency
will work to increase
program awareness and
reach out to trainers and
contractors to educate and
encourage participation.

This regulatory
program should lead
to the reduction of
lead hazards following
renovation activities.
Almost 38 million
homes in the United
States contain some
lead-based paint, and
these requirements are
key components of a
comprehensive effort
to eliminate childhood
lead poisoning.

Name/Org: Mike Wilson
(NPCD) Tel: 202-566-
0521 E-mail:
ilson. mike @epa. gov

Page 9

OPPTS Environmental Justice Action Plan 2009

-------
Activities

Output

Applicable Outcome Measure

Point of Contact

Short Term

Intermediate

Long Term

Renovation,
Repair, and
Paint Rule

1. Train and certify
individuals to conduct lead-
based paint activities;
certify firms conducting
those activities; and accredit
training providers.

'09 Measure: 2 active
training providers accredited
by the regions.

Quality and appropriate
work practices followed
when conducting lead-based
paint activities.

Children in all
communities protected
from hazards of
improperly conducted
lead-based paint
activities.

Clarence Lewis (NPCD),

202-566-1243,

lewis.clarence@epa.gov

OPPT will
work with
State,

Territories,
Tribes and
environmental
justice

communities to
reduce the risk
of exposure to
lead.

2. Widely distribute an
educational brochure that
specifically addresses the
potential risks from
renovation, repair, and
painting.

Increase awareness of owners
and renters of proper
practices when conducting
renovation and repair
projects.

Quality and appropriate
work practices followed
when conducting lead-based
paint activities

Children in all
communities protected
from hazards of
improperly conducted
lead-based paint
activities.

Dave Topping (NPCD),
topping.dave@epa.gov
Robert Wright (NPCD),
wright.robert@epa.gov





The publishing of final rule in
FY2008, states, tribes,
contractors, owners and
renters will define set of best
practices for renovation and
repair work involving lead-
based paint activities.

Quality and appropriate
work practices followed
when conducting lead-based
paint activities

Children in all
communities protected
from lead hazards of
improperly conducted
renovation, repair &
painting activities.

Mike Wilson (NPCD),
Wilson.mike@epa.gov

Page 10

OPPTS Environmental Justice Action Plan 2009

-------
IV. External Outreach

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

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

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

In addition to the activities listed above, OPPTS works with a wide variety of
other public national organizations that have extensive regional and local networks and
share mutual goals with the program such as the protection of public health and
establishment of local efforts to stimulate public action through media and grassroots
efforts. OPPTS supports national organizations with extensive regional and local
networks to help establish local environmental justice outreach programs. Some
examples of funded activities include the following:

Page 11

OPPTS Environmental Justice Action Plan 2009

-------
Hispanic Radio Network - Spanish radio spots on pesticide-related issues
American Association of Poison Control Centers - Encourage parents and care
givers to keep pesticides and household chemicals locked away from children.
Washington, DC Metro Transit System - Display of pesticide safety information
National Environmental Education and Training Foundation - Educate health care
providers on recognition and management of pesticide health-related conditions.
Indian Health Service - Participation in reducing mercury use and exposure.
Americorps - Train farmworkers on pesticide safety.

ECOS - Environmental Council of States
National Tribal Environmental Council

National Pesticide Medical Monitoring Program - provide clinical and basic
toxicological pesticide information and services to the public.

National Pesticide Information Center - provide real time science-based
information on pesticides.

Outreach to Tribes

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

V. 2009 Environmental Justice Review

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

The revision of the WPS to strengthen certain provisions is already underway.
More frequent and improved training for farmworkers is being planned. Pilots will help
determine the most effective methods and materials for communicating with the affected

Page 12

OPPTS Environmental Justice Action Plan 2009

-------
community. Stakeholder meetings will solicit the concerns of farmworkers and get input
on the revision of the Standard. Separate from the revision of the Standard, OPPTS will
continue radio campaigns on pesticide safety targeted to farmworkers. The EJ review
and use of the EJ Standard-Setting and Rulemaking Protocol may further identify
opportunities for EJ integration in the process.

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

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

Summer 2009: Option Selection, informed by EJ Protocol

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

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

OPPTS Environmental Justice Action Plan 2009

Page 13

-------