NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
APRIL 2017 MEETING SUMMARY
Minneapolis, Minnesota
April 25 - 27, 2017
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PREFACE
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory committee.
Established by charter on September 30,1993, it provides independent advice, consultation and
recommendations to the Administrator of the U.S. Environmental Protection Agency (EPA) on
matters related to environmental justice.
NEJAC is governed by the Federal Advisory Committee Act (FACA). Enacted on October 6,1972,
FACA provisions include the following requirements:
• Members must be selected and appointed by EPA.
• Members must attend and participate fully in meetings.
• Meetings must be open to the public, except as specified by the EPA Administrator.
• All meetings must be announced in the Federal Register.
• Public participation must be allowed at all public meetings.
• The public must be provided access to materials distributed during the meeting.
• Meeting minutes must be kept and made available to the public.
• A designated federal official (DFO) must be present at all meetings.
• NEJAC must provide independent judgment that is not influenced by special interest groups.
EPA's Office of Environmental Justice (OEJ) maintains summary reports of all NEJAC meetings. They
are available on the NEJAC website at www.epa. gov /environmentaliustice /national-
environmental-iustice-advisory-council.
Copies of materials distributed during NEJAC meetings are available to the public upon request.
Comments or questions can be sent via email to NETAC@epa.gov.
NEJAC Executive Council - Members in Attendance
Richard Moore, NEJAC Chair, Los Jardines Institute
Jill Witkowski Heaps, NEJAC Vice-Chair, Choose Clean Water Coalition
Javier Francisco Torres, NEJAC Vice-Chair, Border Environment Cooperation Commission
Charles Chase, University of Colorado-Denver
Mike Ellerbrock, Virginia Tech
Dr. Fatemeh Shafiei, Spelman College
Nicky Sheats, Thomas Edison State College
Dr. Sacoby Wilson, Maryland Institute of Applied Environmental Health
Dr. Erica Holloman, Southeast CARE Coalition
Cheryl Johnson, People for Community Recovery (PCR)
Dr. Mildred McClain, Harambee House
Cynthia Kim Len Rezentes, Mohala I Ka Wai
Deidre Sanders, Pacific Gas & Electric Company
Rita Harris, Sierra Club
Sylvia Marie Orduno, Michigan Welfare Rights Organization
Hermila "Mily" Trevino-Sauceda, Alianza Nacional de Campesinas
Rosalyn LaPier, Piegan Institute
Kelly Wright, Shoshone-Bannock Tribes
Melissa McGee-Collier, Mississippi Department of Environmental Quality
Paul Shoemaker, Boston Public Health Commission
Ellen Drew, Rural Communities Assistance Corporation (by telephone)
Arsenio Mataka, California Environmental Protection Agency (by telephone)
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Minneapolis, Minnesota
April 25 -27,2017
MEETING SUMMARY
The National Environmental Justice Advisory Council (NEJAC) convened on Tuesday, April 25,
2017, Wednesday, April 26, 2017, and Thursday, April 27, 2017, in Minneapolis, Minnesota. This
synopsis covers NEJAC members' deliberations during the three-day meeting. It also summarizes
issues raised during the public comment period.
1.0 NEJAC MEETING
This section summarizes NEJAC members' deliberations during the three-day meeting, including
action items, requests and recommendations.
1.1 Welcome and Opening Remarks
Matthew Tejada, the NEJAC DFO, welcomed attendees and gave an overview of the conference
schedule. He mentioned the presence of Hmong, Somali and Spanish translation services. After
noting the presence of a quorum, he turned the meeting over to NEJAC Chair Richard Moore and
NEJAC Vice-Chairs Jill Witkowski Heaps and Javier Francisco Torres.
Richard Moore, the NEJAC Chair, reminded public commenters that NEJAC is a federal advisory
community to EPA and provides recommendations to the EPA Administrator. Mr. Moore asked
public commenters to share their names and organizations, to speak specifically to their issues, and
to remember the seven-minute comment window. He reminded public commenters that the
Council includes people from academia, community-based organizations and businesses, non-
government organizations, green groups, indigenous organizations, and state and federal agencies.
1.2 Public Comment Period
NEJAC held a public comment period on April 25, 2017, so that members of the public could discuss
environmental justice concerns in their communities. A total of 19 people submitted verbal public
comments to NEJAC. An additional 14 people had signed up to speak but were not in attendance.
Each speaker was allotted seven minutes.
1.2.1 Kayla DeVault - Dine Policy Institute (Window Rock, Navajo Nation)
Kayla DeVault described her background working and living on the Navajo Nation and as a
graduate student at Arizona State University. She discussed her experience working in several
different cultural worlds. Ms. DeVault discussed the issues facing the Navajo Nation, including
access to transportation, infrastructure and renewable energy. Navajo Nation also faces challenges
related to working in multiple states and with several federal agencies. In Arizona, for example,
there is a need for regulations to protect community priorities. Environmental impacts are cultural
impacts. Ms. DeVault said that regulations are needed to protect natural medicines and cultural
rights and to grant rights for glaciers, mountains and waterways. She said that we offer protections
for companies but not for environmental features. Ms. DeVault also said that the limited availability
of data is also an issue. All data collected must be protected.
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Sylvia Orduno said that NEJAC is paying close attention to these issues. Chair Moore commented
on the importance of tribal self-determination and thanked Ms. DeVault for her testimony.
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1.2.2 Ticiea Fletcher - Minneapolis Parents for Lead Safe Kids (Minneapolis, Minnesota)
Ticiea Fletcher spoke about her personal experience with child lead poisoning in Minneapolis,
both as a parent and as the Executive Director of Minneapolis Parents for Lead Safe Kids. In 2010,
Ms. Fletcher's children were poisoned by lead in their apartment. Ms. Fletcher has since founded
the Minneapolis Parents for Lead Safe Kids organization, which helps parents test their homes and
educates them on the dangers of lead and how to keep kids safe. Ms. Fletcher asked NEJAC to advise
EPA to look at revising the lead disclosure required in rental agreements. She shared her own
struggles taking care of her children with disabilities caused by lead and how many tenants do not
understand the risks of lead exposure. Ms. Fletcher said that low-income families need safe places
to live.
Cheryl Johnson asked Ms. Fletcher about her children's blood lead levels. Ms. Fletcher said that her
children had lead levels of 23 and 28. Unacceptable lead levels start at 5 for children. Ms. Fletcher
said that she did not receive any support from the local health department or city after finding out
her children had been poisoned. She was told to tell her landlord, and that was all she heard. Cheryl
Johnson said that, in Chicago, it was an intention to sue that helped the community get assistance
with lead poisoning. In Chicago, a report card identifies lead hazards in communities and informs
people about dietary steps they can take to lessen their exposure.
Vice-Chair Heaps thanked Ms. Fletcher for her comments, saying that the topic is timely and a
focus area for NEJAC. Nicky Sheats thanked Ms. Fletcher for sharing and asked about who was
responsible for the disclosure requirements that Ms. Fletcher asked to be reviewed. Ms. Fletcher
said that while there are state requirements, she was told to respond at the federal level.
Erica Holloman said that the lead disclosure form does need to be reviewed. She mentioned the
problem of absentee landlords, who do not want to face these issues. Erica Hollman asked if Ms.
Fletcher had any specific changes she wanted made to the disclosure form. Ms. Fletcher said that, in
the disclosure, there are too many options for the landlord. The options either acknowledge the
presence of lead paint or say that the lessor has no knowledge of lead-based paint Ms. Fletcher
asked how these landlords, many of whom have owned properties for over 20 years, do not know
about the presence of lead-based paint. Ms. Fletcher said that landlords either need to provide
complete records or be in the process of lead abatement. Ms. Fletcher recommended the idea of
landowners receiving tax credits for lead abatement. Ms. Fletcher shared her recommendations in
writing.
1.2.3 Nicole Ektnitphong - Tamales y Bicicletas (Minneapolis, Minnesota)
Nicole Ektnitphong spoke about her experience as a student and resident in the Powderhorn
neighborhood in Minneapolis. She discussed her work in the East Phillips community and shared
how she sees a future where people not only have what they need to survive and be safe, but have
what they need to thrive. Ms. Ektnitphong discussed the importance and the responsibility that
comes with listening to neighbors and community members. She shared how the East Philips
neighborhood is the most industrialized community in the Twin Cities and is not what
environmental justice looks like. Ms. Ektnitphong discussed her organization and its work against
pollution while also having a vision for equitable green space in the community. Ms. Ektnitphong
urged NEJAC to consider how to develop green zones equitably and to address issues at the local
level.
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Paul Shoemaker told Ms. Ektnitphong that he would follow up with her. He had a similar
experience in Boston - that led to a successful community effort - and offered to put her in touch
with his contacts.
1.2.4 Devika Ghai - Pesticide Action Network (Oakland, California)
Devika Ghai spoke about her work on farmworker justice issues in California and as an organizer
for the Pesticide Action Network. Ms. Ghai discussed how while farmworkers feed the world, data
tells us that agriculture is one of three most-dangerous and least-protected occupations. For more
than a decade, she has advocated for workers and for updated guidelines for pesticides and
farmworkers. Ms. Ghai highlighted a rule EPA that implemented in 2 015 that provided critical
improvements for farmworkers, including higher wages and more and better safety training. She
shared how these changes have resulted in amazing stories of on-the-ground improvements. Ms.
Ghai warned NEJAC that industry now wants to put profits ahead of people. She urged NEJAC to
advise EPA not to cave to agricultural industry pressure and to implement new standards that will
protect certified and uncertified pesticide applicators. Ms. Ghai also mentioned that chlorpyrifos
was banned for residential use and then banned for agricultural use. She expressed frustration with
EPA's decision not to ban chlorpyrifos, stating that the science on the issue supports a full and total
ban of chlorpyrifos.
Rita Harris asked Ms. Ghai if she would submit her comments in written form. Ms. Ghai said that
she would. Hermila Trevino-Sauceda advised Ms. Ghai if they could talk after the public comment
period. Fatemeh Shafiei said that, historically, when EPA has banned a pesticide, remaining stocks
of that pesticide are allowed to be used. She said that it is unfortunate that EPA is going back on
some of these regulations where progress had been made. She urged NEJAC to continue to pursue
the issue.
1.2.5 Shalini Gupta - Executive Director, Center for Earth, Energy and Democracy
(Minneapolis, Minnesota)
Shalini Gupta shared her experience as a community member and immigrant who has worked on
environmental justice for her entire life. She also shared the experiences of her family in New Delhi
and the contamination they face. Ms. Gupta sees the same patterns and issues in India as in the
United States, since they use the same development model. She said she feels we have an obligation
to have sound environmental justice policy. She urged NEJAC to push forward rather than retract or
move backward on environmental justice issues. She urged a continued push for funding and for
science that honors community knowledge. She also urged NEJAC to recommend targeting
communities and programs for funding that will create the greatest value. Ms. Gupta also
recommended greater support for cities and states seeking to create climate mitigation policies. She
shared how current policies in Minneapolis are displacing low-income people and communities of
color. She said that cities like Minneapolis needs tools to train city officials and battle gentrification
with equity.
Sacoby Wilson urged Ms. Gupta to consider contacting other federal agencies such as the U.S.
Department of Transportation (DOT) or the U.S Department of Housing and Urban Development
(HUD) about these issues. Dr. Wilson also stated that the Federal Environmental Justice Inter-
Agency Working Group would be interested in how to include equity in a sustainable policy. Wilson
asked about programs or policies or approaches implemented in Minneapolis. Ms. Gupta talked
about a recent resolution passed in Minneapolis where the city recognized environmental justice
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and historical environmental racism. Ms. Gupta added that while there are a lot of resources coming
down the line for green zones, the funding's integration at the community level remains unclear.
Ms. Gupta proposed the sharing of green-zone planning across environmental justice communities.
1.2.6 Nicky Leingang on behalf of Congressman Keith Ellison (Minneapolis, Minnesota)
Nicky Leingang relayed Congressman Keith Ellison's regrets he could not attend and then read a
letter from him. Congressman Ellison thanked NEJAC members for hosting the meeting in his
district He shared how environmental justice has been a driving force in his life for decades.
Congressman Ellison stated that the law should be applied justly and equitably. He stated that EPA's
current record on civil rights work is unacceptable. He outlined how, in all cases where a Title VI
complaint was filed, the complaint was dismissed. Congressman Ellison stated that EPA must do its
job to address environmental justice. Congressman Ellison listed actions that NEJAC should advise
EPA on, including reducing toxic exposures for children, consulting tribes during permitting
reviews, promoting composting and recycling over incineration, and addressing climate change.
Fatemeh Shafiei asked Mr. Leingang to submit Congressman Keith Ellison's letter as a part of the
public comments. Sacoby Wilson asked if Congressman Ellison had any additional thoughts on
regulation and cumulative impacts. He also asked if Congressman Ellison had any additional
thoughts about enforcement of Title VI. Mr. Leingang stated that nine out of the 10 Title VI
complaints brought before EPA were dismissed. He added that no actions were taken to bring
offenders in line. Mr. Leingang urged EPA to create a place where the public can submit complaints,
where the complaints will be handled quickly and effectively. He said there needs to be a way to
address specific bureaucratic issues. He added that cumulative effects need to be considered during
permitting, considering what is already impacting an area before allowing a new business
operation. He urged NEJAC to advise EPA to propose a rule or process to require the consideration
of cumulative effects in the permitting process.
Mike Ellerbrock asked how 18 elementary schools could be located within two miles of the
garbage incinerator. Mr. Leingang said that Hennepin County proposed, built and owns the
incinerator, and the schools are Minneapolis schools. Melissa McGee-Collier asked if the permit for
the garbage incinerator requires continuous air monitoring. Mr. Leingang said the permit does
require continuous air monitoring and that Congressman Ellison's team toured the facility and
viewed the monitoring equipment. He expressed concerns about the cumulative effects of multiple
facilities. Nicky Sheats added that a permit can sometimes require a cumulative analysis. However,
the requirement is often not specific to cumulative analysis.
1.2.7 Alan Muller - Green Delaware/Airheads (Delaware)
Alan Muller is a resident of Portland, Delaware. He was in Minneapolis to attend a national meeting
of garbage incinerators. Mr. Muller shared how he examined the orders that guide EPA's
implementation of environmental justice, including Executive Order 12898, which compelled each
federal agency to create an environmental justice plan. Mr. Muller pointed out that federal agencies
have not integrated environmental justice requirements. Mr. Muller urged NEJAC to advise EPA to
implement the executive order and establish robust environmental justice policies. He also urged
NEJAC to recommend a process by which communities can decide if programs and policies are
compliant with environmental justice. Mr. Muller stated that the delegation of regulatory power to
the states or municipalities must be contingent on meaningful environmental justice engagement
Mr. Muller shared the example of Redwing, Minnesota. Within Redwing's city limits, there are two
nuclear reactors and other highly polluting facilities like garbage incinerators near schools. About
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1,600 people live in the city. Mr. Muller stated that the Pollution Control Agency has not fulfilled its
permitting requirements and that, from a community perspective, EPA and the Pollution Control
Agency are not performing assets. He stated that EPA's inability to force states into action is
impacting communities and their ability to address environmental justice issues.
Cynthia Rezentes asked if Mr. Muller had looked at the contract between the municipality and the
garbage burner. She said that the garbage burner in her community is allotted a certain amount of
trash every year, as determined by a contract She stated that, to understand the issue, it is
important to find out who is responsible for each part of the incineration process and who is being
paid for different activities. Mr. Muller said that Hennepin County, not the City of Minneapolis, has
the relationship with the incinerator, making it difficult for the city to assert itself in the
relationship. He shared how the people of Minnesota have a deep connection with garbage
incineration and that more education is needed.
Chair Moore shared some of the ways that EPA has supported environmental justice efforts,
including providing Technical Assistance Services for Communities (TASC) grants and Technical
Assistance Grant (TAG) grants to communities for technical advisors and other support. He added
that environmental justice small grants were made possible through the testimony of community
members from impacted communities. He added that improvements have been made and lessons
learned, like holding meetings during the evening rather than at 10 AM. He urged everyone to
study NEJAC's actions as well as the history of the environmental justice movement He added that
while environmental justice has a long road ahead, it has also come a long way. Sacoby Wilson
asked if the incinerators provide energy to the areas where they are located, wanting to know who
is paying for the energy being produced. Mr. Muller said that the energy produced by the
incinerators is fed into the general power grid and that many vulnerable populations and facilities,
including schools and nursing homes, are located near the incinerators. Dr. Wilson asked about city
or state discussions to determine combined impacts on the impacted community and if the facility
permit is still active. Mr. Muller said that the facility permit has lapsed. There have been hundreds
of hours of discussion but no action.
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1.2.8 Nickii Lyons - Migizi Communications (Minneapolis, Minnesota)
Nickii Lyons shared her experience working as an intern for Migizi Communications. She discussed
the impact of pollution on the Great Lakes. Ms. Lyons talked about how, without disposal or
filtration, pollutants can spread through the water and living things. She added that, in addition to
harming animals, pollution harms plants, trees, soil and other natural resources. She talked about
the difference between point-source and non-point-source pollution. She cautioned that even clean-
looking water can be polluted. She urged NEJAC to protect water resources, for the sake of the Land
of 1,000 Lakes.
Nicky Sheats asked Ms. Lyons if there was a particular type of water pollution that she wanted to
highlight. Ms. Lyons said that when she was little, she would go swimming in the lakes all the time.
Now, there are signs telling people not to swim in the lakes, but without telling them why.
1.2.9 Dr. Cecilia Martinez - Center for Earth, Energy and Democracy (Minneapolis,
Minnesota)
Dr. Cecilia Martinez thanked NEJAC for working tirelessly for environmental justice. She stated
that communities understand that environmental justice work is hard and that the battle for the
protections that communities have has been a long, hard-fought battle. Dr. Martinez discussed how
future generations will look to this moment to judge if we gave them gifts or burdens. Dr. Martinez
talked about how the proposed federal budget is proposing cuts to important programs that will
impact communities. She discussed how reducing EPA's ability to set standards protective of public
health will impact communities. She also stated that failing to protect vulnerable communities
sends the message to communities at risk that they do not matter. Dr. Martinez urged NEJAC to do
everything possible to address environmental justice issues facing vulnerable communities.
Sacoby Wilson asked about the potential content and recipient of a letter from NEJAC. Dr.
Martinez recommended the letter be to Administrator Pruitt. It would highlight the programs that
would be cut and ask that they not be cut, and ask for more help for environmental justice issues.
Sylvia Orduno asked how community organizations can work against tremendous odds. She
followed up by asking Dr. Martinez if the community has come up with ways that NEJAC could push
such issues. Dr. Martinez said that communities know that EPA has staff who are committed to
environmental justice. She added that communities need to express their support for
environmental justice staff at EPA. She added that those people need to talk to EPA's regional
administrators and work across the EPA Regions to make sure environmental justice is a priority.
Nicky Sheats asked Dr. Martinez about her organization and for more information on the Green
Zones Initiative. Dr. Martinez said that she is the Director of Research at the Center for Earth,
Energy and Democracy. She talked about the insertion of green zones in the City of Minneapolis'
Climate Action Plan during the Environmental Work Group. She discussed how green zones were
developed to reduce pollution in overburdened communities while also seeking to promote green
investment in these areas.
1.2.10 Anthony Torres - SustainUS (Washington, D.C.)
Anthony Torres spoke about his experiences during the 2016 presidential election, and how as a
climate activist he would pivot toward protection. He added that fighting for environmental justice
is integral to any fight for justice. Mr. Torres spoke of resisting the backlash against progress and
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standing beside the Black Lives Matter movement to fight for healthy communities. He added that
people protesting on the streets support NEJAC's efforts, citing EPA staff willing to risk their jobs
for environmental justice. Mr. Torres added that when institutions are not a function of citizen
movements, they do not work for the people. He said that he is seeking to create a springboard
effect to build a strong movement Mr. Torres urged NEJAC not erase the trans and LGBTQ
community in their discussion of environmental justice and marginalized populations. He suggested
the formation of a working group focused on representing queer and trans communities. Mr. Torres
added that young people are willing to stand alongside NEJAC.
1.2.11 Shania Thompson - Migizi Communications (Minneapolis, Minnesota)
Shania Thompson introduced herself and described living in south Minneapolis, in a public
housing project called Little Earth. Little Earth is a housing project for Native Americans built on an
area where pesticides were made and stored from 1938 to 1968. Ms. Thompson said she did not
know about this history until she read an article. She wonders if EPA tested and replaced the soil.
Ms. Thompson wondered who EPA asked about the cleanup and if they went door to door. She
added that the community already worries about the effect of traffic. Ms. Thompson spoke of how
her yard has turned orange, and that the vegetables grown in the yard have also turned orange. Ms.
Thompson added that these issues are happening across the country.
Melissa McGee-Collier asked if the soil cleanup was done under Resource Conservation and
Recovery Act (RCRA)or the Superfund program. Ms. Thompson replied that she does not know.
Sacoby Wilson asked if sampling tested for a range of contaminants. He also asked Ms. Thompson
if she has talked to the city or public health agency. He urged the use of real-time sensing
equipment to determine the impacts of traffic, and asked if the permitting agency or city could do
real-time testing. Dr. Cecilia Martinez responded on behalf of Ms. Thompson, adding that the
situation at Little Earth is unique, that very few public housing facilities have such a concentrated
tribal population. Little Earth was a Superfund site and a cleanup was conducted. Dr. Martinez
noted that, despite the cleanup, the native community is completely unaware that arsenic was
present. She questioned the community engagement efforts conducted at the site. She added that
there have been air monitoring studies, including mobile air monitoring efforts.
Sacoby Wilson discussed how real-time sensors are inexpensive and citizens have a need to know
about air quality near their homes. He recommended the Airbeam air sensor. He also recommended
talking to the city and state about stepping up site-specific monitoring. Kelly Wright noted that
there are many Superfund sites in Indian country. Often, when arsenic is present, it is not the only
constituent - cadmium and other toxic metals may be present as well. He added that, during
Superfund cleanups, community involvement is a must. He added that people need to stand up and
fight for Indian country, as it is already overburdened by Superfund sites. He concluded by
reminding everyone that tribal nations are sovereign nations.
Sylvia Orduno asked if the community identified their needs and if any health testing had been
done to determine exposure or health risks. Dr. Martinez said that no testing has been done. She
added that community members are impacted by working in an urban area and then returning
home to a Superfund site. Ms. Thompson added that in Flint, Michigan, many undocumented
families were told nothing or told to drink the water, highlighting the fact that vulnerable
communities are often not given proper information. Cheryl Johnson asked if the housing in
question is public housing. She asked if Ms. Thompson had examined the lease, adding that she is
entitled to a healthy and safe home. She advised filing a complaint with HUD. Melissa McGee-
Collier added that if the area was a Superfund site, the community needs to get all the records and
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learn about what happened during the cleanup. She said that they need to know if the site was
cleaned up to residential standards.
Rita Harris asked if anyone has done health surveys in the community. Dr. Martinez said that
health surveys had been conducted. Rita Harris said that the community needs to own the health
information collected and compare that information with institutional information. Sacoby Wilson
asked if the local school of public health is providing help, adding that they could track arsenic
exposure in the community through a bio-marker study. He added that having the data would
enable the community to seek further cleanup. Cheryl Johnson added that HUD will also have
housing cleanup information, including the cleanup plan and the contamination identified. Kelly
Wright added that the community should push the Indian Health Service to do a health assessment
Mike Ellerbrock added that the Little Earth community is part of the South Minneapolis
Residential Soil Contamination Superfund site.
1.2.12 Michelle Thelen - Guardians of Future Generations (Minneapolis, Minnesota)
Michelle Thelen said that her organization seeks to protect the right of future generations to a
healthy planet She added that it is the responsibility of government to protect shared resources
and spaces. Ms. Thelen added that the precautionary principle should be used in the permitting
process. Ms. Thelen said that in the face of potential for harm and scientific uncertainty, action
needs to be taken to reduce perceived harm. She added that communities should have a right to
take away their consent for permitted operations. Ms. Thelen urged the empowerment of early-
warning communities to take action or request research. She added that communities should be
able to set cleanup goals and government action should be measured against those goals. Ms.
Thelen urged a change in EPA's thinking from an either-or approach to an approach that protects
the environment She added that communities need EPA to be a moral force protecting clean air to
breath and clean water to drink. Ms. Thelen said that a river in New Zealand has been protected as a
living entity and that the United States should do the same. She urged NEJAC to consider the
precautionary principle and how NEJAC recommendations will inform future quality of life.
Cheryl Johnson said that she learned about the precautionary principle 15 years ago in Chicago. If
something looks and smells like a rat, something needs to be done about it She added that until
they showed the cumulative impact on kids in the community, no one would look at the problems.
Erica Holloman thanked Ms. Thelen for bringing up the precautionary principle, and urged NEJAC
members to think about how the principle could support NEJAC's work.
1.2.13 Gail Pearson - Pearson, Randall & Schumacher (Minneapolis, Minnesota)
Gail Pearson is an attorney from Minneapolis. She said that she represents a group of 20 women
attorneys who have had it with the solution to pollution being delusion. She added that the group
has a wide range of experience with advocacy negotiations and can fight in a courtroom setting. Ms.
Pearson stated that there is a need to start from scratch and rethink legal approaches to
environmental issues. She urged NEJAC to tap into her group as a resource, that they are creative
and can navigate through laws that protect polluters. Ms. Pearson added that she is looking into
jurisdiction in tribal lands. She said that her group has been successful with enforcement through
municipal laws; if you cannot leave a rusting truck, you cannot leave benzene behind, either. She
detailed how they fined polluters per day, per parcel, resulting in thousands of dollars a day in fines
from leaving the contamination in place. She added that the group is seeking to transfer the cost of
suffering from victims to the polluters. Ms. Pearson added that the money from the fines goes to the
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community. Ms. Pearson concluded by saying that her group is a group of creative women looking
to form partnerships and find solutions.
Cheryl Johnson stated that she does not believe that polluters go to heaven. She added that two
people attending the public comment need Ms. Pearson's services. Ms. Pearson clarified that she
works for the law firm Pearson, Randall & Schumacher. She added that the group of women she
represents are from all over the country and are a loose consortium of mothers and lawyers
interested in public justice. Vice-Chair Heaps said that Ms. Pearson should connect with the
Vermont Law Center to help provide mentorship opportunities or local counsel. Hermila Trevino-
Sauceda cited environmental contamination in Fresno, California, describing water contamination
issues facing the area. She also mentioned that there have been several deaths from heat strokes.
Melissa McGee-Collier said that she liked the information Ms. Pearson presented. She suggested
that Ms. Pearson's group incorporate training in their work to teach community members to
advocate for themselves._Cynthia Rezentes asked if Ms. Pearson has successfully litigated in
environmental courts and if the courts are beneficial. Ms. Pearson replied that she has not litigated
in environmental courts; industry lobbies for tribunals to resolve disputes since that process seems
to favor industry. Nicky Sheats commented that environmental law is different from litigating
other laws. He cautioned that a lawsuit can stop community organizing. He recommending being a
part of the strategy rather than the strategy itself. He added that there is a need to connect
communities to attorneys in environmental justice. Ms. Pearson replied that they take the approach
that the industry is violating a municipal ordinance. She added that when the issue is on tribal
lands, tribal courts have jurisdiction, and money from a settlement goes back to the tribe. Mike
Ellerbrock asked if getting media involved has been successful. Ms. Pearson replied that media
pressure works sometimes. She recommended talking with the defendants and not playing the
dispute out in the media.
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1.2.14 Mike Ewall - Energy Justice Network (Bucks County, Pennsylvania)
Mike Ewall explained that he was monitoring the trash incinerator conference nearby when he
heard about the NEJAC meeting. He described himself as an activist first and a lawyer third. Mr.
Ewall explained how the Clean Air Act is interpreted in different ways to allow local governments to
deny a permit or not. He added that Minnesota decided that local governments cannot deny a
permit. Mr. Ewall ask NEJAC to push EPA to clarify the plain language of the statute. Mr. Ewall said
that incinerators test regularly for only a few pollutants and infrequently check for other emissions.
He added that there is equipment available that constantly detects the levels of 40 different
pollutants. Mr. Ewall said that there are requirements and that people need to be required to follow
them. He discussed how incineration is justified by the waste hierarchy. He discussed how drinking
water and lead in drinking water is an issue, and how fluoride can make the lead problem worse. He
urged NEJAC to advise EPA to make fluoride part of the lead in drinking water discussions. He
requested a conflict-of-interest policy for activists. Mr. Ewall advocated for a more nuanced official
definition of environmental justice, adding that people do not need equally. He also requested an
even more detailed and powerful version of EJSCREEN.
Vice-Chair Heaps thanked Mr. Ewall for providing specifics on the interpretation of the Clean Air
Act. She asked for more specifics about the monitoring efforts he referenced. Mr. Ewall responded
that the monitoring considers three to four pollutants at best. Erica Holloman said that she would
get in touch with Mr. Ewall. Deidre Sanders explained how the Clean Air Act delegates authority to
states and sub-jurisdictions, not local authorities, to monitor air quality permitting. She added that
the scale and size of the operation in question mattered for permitting. She added that EJSCREEN
and other screening tools are sometimes used incorrectly. Ms. Sanders added that California has a
mapping tool that prioritizes the most-impacted communities. She added that a disadvantaged
community is not always the same as an environmental justice community. She clarified that if
being socially economically disadvantaged is the set, then the environmental impact is the data. She
stressed the importance of using the right tool to accurately identify each community. She
cautioned leaving out or not prioritizing people who are socially and economically disadvantaged
because they do not have environmental priority.
Mr. Ewall responded that, according to his reading of California law, local municipalities set their
own air quality laws. He said that other mapping services can look at a radius of .1 miles or 200
miles, consider entire industries at a time, and look at systemic impacts. Sacoby Wilson added that
when mapping vulnerability, having the right indicators is important He advocated for the use of
stronger terms to describe environmental justice issues, environmental genocide and
environmental slavery.
1.2.15 Lisa Garcia - Lakota/Chippewa (Minneapolis, Minnesota)
Lisa Garcia thanked NEJAC for coming to Minneapolis, First Nations peoples' territory. She
described how she raised three children here in the First Nations heritage. Ms. Garcia outlined her
belief in a right to live with a complete and intact ecosystem, even in an urban environment. Ms.
Garcia explained how traditional medicines are important for health and wellbeing, that they shield
the user from bad health. She said how not naming them or having them as part of the full
ecosystem is ecological genocide. Ms. Garcia explained how systems that monetize resources clash
with traditional ecological knowledge. She cited the oil pipeline at the Standing Rock Reservation in
North and South Dakota as ruining the ecosystem for generations. Ms. Garcia condemned a system
that holds white patriarchal knowledge over community knowledge. She shared her experience
being diagnosed with breast cancer and added that cancer does not run in her family. Ms. Garcia
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said that her people used to live to between 90 and 100 years of age, but that her parents died in
their 70s. Ms. Garcia appealed to NEJAC members to consider the theory and application of their
recommendations, and how they many perpetuate colonial norms.
Kelly Wright described how EPA recognized Tribal Ecological Knowledge (TEK) in November,
2016. He added that TEK will be used in a lot of environmental justice efforts from now on. Nicky
Sheats wished Ms. Garcia good luck in her fight against cancer.
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1.2.16 Yudith Nieto - Tejas (Huston, Texas)
Yudith Nieto introduced the community she comes from in the east end of Huston, Texas, which is
located near industry refineries. She described the chemical exposure and regularly toxic air. She
added that her community is always at risk from chemical exposure as well as explosions of
shipping containers. She added that the City of Huston claims that only one chemical released is
harmful, and that the other is not disclosed. Ms. Nieto explained that no one has been told to
evacuate. She added that on March 16, there was a huge fire, and while no injuries were reported,
her community was living under the fallout Ms. Nieto added that there were no instructions to
shelter in place, and they were told that there were no harmful chemicals in the air. She explained
that first responders and elected officials did not say anything. Ms. Nieto talked about the many
different enforcement agencies coming in and out of the community, including border control
police and refinery security. She described intimidation tactics used against the community. Ms.
Nieto concluded by thanking NEJAC members for their hard work and for advocating for public
comments.
Deidre Sanders commented that it was good to see Ms. Nieto again. Deidre Sanders shared how
an annual environmental justice tour held by an association of African American energy
professionals started with a tour that Ms. Nieto gave to Ms. Sanders and the association president in
Houston. She added that now the tour has grown to 42 people, African American experts on energy
who want to make a difference in the communities they work in.
Paul Shoemaker asked why the community members were not able to drink their tap water. Ms.
Nieto said that her community, the Manchester community, gets its drinking water from Lake
Huston. Use of old service pipes as well as chemical runoff and outdated water treatment plants
were among the challenges. Cynthia Rezentes said that in her community undocumented people in
the city face the issue that a water bill needs the address of the house and the name of someone
living in the house. As a result, if undocumented people do not have identification, they cannot have
water in their homes. She asked if Ms. Nieto had heard of anything like this happening in her
community in Texas. Ms. Nieto said that undocumented people in her community face issues with
water access. They use other people's identification to get around it. She added that the authorities
are allowing use of a matricula card for identification (identification from the Mexican Consulate).
1.2.17 Quenton Pair, Esq. - Private Citizen (Minneapolis, Minnesota)
Quenton Pair reminded NEJAC that he attended the public comment period in 2016, and asked
NEJAC to consider enforcement of Title VI of the 1964 Civil Rights Act He added that he believes in
the influence of NEJAC across federal agencies. Mr. Pair lamented that federal funding is given to
states and that there is no accountability or procedures to account for spending. He added that most
mid-level managers at the state and federal level do not understand that Title VI is a federal statute
that should be enforced. Mr. Pair recommended framing the discussion of accountability as part of a
monetary framework since federal spending is a topic that people are concerned about. He asked
how communities can know federal money is being spent responsibly if there is not a requirement
to enforce Title VI. He added that enforcement can happen if there is political will. Mr. Pair
concluded by asking if the letter to the EPA Administrator had been finished or sent. Nicky Sheats
said that NEJAC has a draft of the letter draft and would be discussing it further on Thursday.
Sacoby Wilson noted that Mr. Pair's comment on funding accountability is key and something that
NEJAC has talked about it. He added that the letter NEJAC is drafting addresses funding
accountability. Dr. Wilson added that NEJAC plans to work with the Federal Environmental Justice
Inter-Agency Working Group on funding accountability as well. Mr. Pair suggested that NEJAC
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recruit a cross-section of people with sustainable representation. He added that announcements
from NEJAC cannot be ignored and that a letter will add to the documentation supporting
environmental justice. He concluded by saying that, as a taxpayer, he should be shown how local,
state and federal agencies spend taxpayer money.
1.2.18 Colleen O'Dell - Private Citizen (Minneapolis, Minneapolis)
Collen O'Dell thanked NEJAC for meeting in Minneapolis. She is a city resident She had not planned
to speak but she was moved by testimony of other people. She lives in a residential area
surrounded by old and new industries. An oil train runs through community. She described
discovering that her home was part of a Superfund site where trichloroethylene (TCE) had
infiltrated the water table under 200 homes in the community. She explained that a General Mills
test kitchen had dumped the TCE. At first, General Mills paid for air stripping but stopped paying for
it in 2010. Since then, more has been learned about the risks of vapor intrusion. She received a state
agency letter in 2015 notifying her of testing for soil vapors in the 200 homes. When the results
came back, her house was over the limit. Ms. O'Dell discussed how class-action status was granted
and then revoked. She said that 65 percent of the community's housing is renter occupied. Renters
include students from the university, some of whom live in basements. She detailed other affected
community areas, including a park where free meals are given to the homeless and a refugee school.
The Minnesota Pollution Control Agency (MPCA) tested businesses north of the Superfund site and
determined that businesses besides General Mills could have contributed to the groundwater
contamination. She explained that General Mills has now walked away from the vapor mitigation
remedy, saying they are not responsible for continued cleanup. Ms. O'Dell said that the community
is left wondering who is going to clean up the contamination and mitigate the vapor. She added that
vapor mitigation is not a long-term solution.
Sacoby Wilson asked if the school of public health has been engaged. Ms. O'Dell said that they
helped with testing. Dr. Wilson asked if the media been involved as a partner. Ms. O'Dell said that
the media needs to step up and shame people into action. Dr. Wilson agreed that the community
could use the media to shame parties into action and suggested getting journalism students
involved. He added that pressure needs to be put on MPCA, the Health Department and the
permitting agency. Paul Shoemaker commended Ms. O'Dell for signing up and sharing her
thoughts. He talked about possible places where Ms. O'Dell could push for action. He suggested that
the office in Minnesota Department of Health that deals with environmental issues could be a good
resource.
Vice-Chair Heaps said to keep fighting and pressure the state agency. She said that it is not your
problem. It is their problem. Get them to finish the cleanup. Sylvia Orduno added that it is so
important for community members to come out and speak up. Ms. Orduno asked if anyone had
tested the communities' drinking water or if they had reached out to the EPA Region 5 office. She
suggested that Region 5 could send an environmental justice coordinator to the community. Ms.
O'Dell said that the community was told that the drinking water is not a problem, and she was only
aware of testing for TCE. Ms. Orduno advised that the community emphasize that there are
unaddressed environmental impacts. Sacoby Wilson advised the community to push for a bio-
marker study, and to check for TCE in hair samples, blood samples and urine. He suggested
contacting MPCA and the Minnesota Health Department. He added that General Mills should pay for
the testing and that, in general, the polluter needs to pay.
1.2.19 Michael Chaney, Project Sweetie Pie (Minneapolis, Minneapolis)
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North Minneapolis is going green, give us a call and learn what we mean
Where once lay urban blight, now sits luscious urban sights
Gardens without borders, classrooms without walls
Architects of our own destiny, access to food, justice for all
Michael Chaney recited the poem above and introduced himself as a local activist He advocates for
educational reform to change prevailing paradigms. He discussed his organization's work teaching
horticulture, culinary arts and food science as a pathway to a different future. Ms. Chaney discussed
how his organization has grown from five gardens and 50 partners to 20 gardens and over 100
partners. He advocated for the development of a model at the national level to change the paradigm
from a consumer mentality to a producer mentality. He advocated for legislation to create
sustainable urban land projects so that people 100 years from now can grow their own food. He
urged NEJAC to work with other agencies and concluded by saying that children are the future.
Mike Ellerbrock said that Mr. Chaney's poem was awesome. Sylvia Orduno asked about how Mr.
Chaney would use the green zone model to address his concerns. Mr. Chaney said that he would like
to see more integration of urban farming into the green zones, to encourage grassroots learning
about sustainability and food sovereignty.
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1.3 Closing Remarks and Adjournment
Matthew Tejada officially closed the public comment period and adjourned the meeting for the
day.
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2 Welcome, Day One Recap and Opening Remarks
On Wednesday, April 25, 2017, Matthew Tejada summarized the public comment period and
called roll call. Mr. Tejada noted the presence of a quorum and turned the meeting over to NEJAC
Chair Richard Moore and NEJAC Vice-Chairs Jill Witkowski Heaps and Javier Francisco Torres.
Chair Moore added comments about meeting with the youth working group, reporting the sense of
urgency and the importance of these issues to the communities. Mr. Moore welcomed Minneapolis
Mayor Betsy Hodges.
2.1 Welcome and Opening Remarks
Mayor Betsy Hodges welcomed NEJAC to Minneapolis. Mayor Hodges said that it is crucial for
cities to think about themselves and their communities, to consider who they are as a community.
She added that the environment, environmental justice and addressing equity gaps are focal points
of her policies. She said that it is not for just the most affected to lead the change. Others in the
community need to step up.
Mayor Hodges reflected on her meeting with Pope Francis, when the Pope invited 59 mayors from
around the world to a summit on climate change and human trafficking. She noted that Pope
Francis understands that climate change weather events hit vulnerable populations the hardest,
contribute to migration, and makes these communities vulnerable to human trafficking. She
reflected on how the decisions made in Minneapolis - addressing recycling, air pollution and other
topics - affect other communities all around the world.
Mayor Hodges noted that decisions are made every day about who is valuable and who will bear
the brunt of environmental burdens. She talked about the City of Minneapolis' efforts to be
sustainable and equitable. Mayor Hodges discussed the city's Green Zone Initiative, putting positive
green investments in places where they are most needed. Moving forward, she noted, Minneapolis
is a partner with NEJAC.
Chair Moore asked Mayor Hodges about her comments on sanctuary cities during an earlier
television interview and if she would link sanctuary city issues with environmental justice issues.
Mayor Hodges reiterated her commitment to protecting vulnerable populations. She added that
environmental justice and sanctuary cities are the same headwaters, different streams.
2.2 Dialogue with U. S. Environmental Protection Agency Leadership
2.2.1 Lawrence Starfield - Acting Assistant Administrator, EPA Office of Enforcement and
Compliance Assurance
Lawrence Starfield thanked NEJAC members for their service. Mr. Starfield spoke about his
background working at EPA Headquarters, and then on the ground in Dallas in EPA Region 6. He
told a story about visiting a mobile home park where people were concerned about water quality,
and meeting a woman with a baby covered in a full-body rash. He said that speaking to a mother
holding a child affected by contamination changes your perspective and wished everyone could
take an environmental justice tour. Mr. Starfield added that he does not have answers about the
future of environmental justice at EPA. He said that the NEJAC meeting was a powerful statement
that environmental justice continues to be important to EPA. Mr. Starfield noted Administrator
Pruitt's visit to East Chicago, where he listened to community concerns. He said that Administrator
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Pruitt wants to protect vulnerable communities and help them to thrive, and partner more closely
with states. Mr. Starfield said that the secret to success is partnering with local organizations and
communities as well as state and tribal partners. He urged everyone present to learn what has
worked for our partners and to share that learning. Mr. Starfield added that he would like to hear
from people impacted by these issues about how to address those issues as a group. He added he
was listening for recommendations from NEJAC. Mr. Starfield added that nothing is more important
than tackling the problems in the most-affected communities. He thanked NEJAC members for their
participation and dedication.
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2.2.2 Alan Walts - Director, Office of Enforcement and Compliance Assurance, EPA Region 5
Alan Walts shared his profound thanks with NEJAC. Mr. Walts talked about his background as a
staff attorney, managing environmental justice team staff at EPA Region 5's environmental justice
program. He added that he has learned from NEJAC's advice. Mr. Walts said that much work
remains to be done in EPA Region 5 for all people in all communities. He added that environmental
justice work requires partners to achieve change. He suggested highlighting and examining subsets
of partnerships of co-regulators, states, cities and tribes. Mr. Walts said that he has learned about
the power of working with local governments from Minneapolis' community engagement initiatives
as part of efforts to tackle lead and air pollution. Mr. Walts talked about how EPA Region 5 is
addressing environmental justice issues through collaboration as well as brownfields grants to
promote growth and equity. Mr. Walts said that meaningful public participation from communities
and fair treatment are not the only ways to talk about justice. Mr. Walts called for a redoubling of
vigilance and a realigning of resources.
Vice-Chair Heaps set ground rules, asking NEJAC members to allow three minutes for each
member to speak.
Sacoby Wilson listed community concerns from the public comment period the night before,
including local incinerator monitoring and the South Minneapolis Residential Soil Contamination
Superfund site. Dr. Wilson questioned the efficacy of the cleanup and cautioned that children are
being impacted. Mr. Walts said that he was present the night before and heard the concerns, and
plans to follow up to understand what has been done and what needs to done.
Nicky Sheats expressed concern about EPA's budget for environmental justice. He asked Mr. Walts
and Mr. Starfield about how the budget for EPA's Office of Environmental Justice will affect
environmental justice work. He added that environmental justice people try to work with the
states, but that states sometimes do not do the right thing. Mr. Sheats concluded that if a state is not
protecting the interests of the people, EPA must step up. Mr. Starfield described the complex
budget process that goes through Congress and includes testimony from a wide range of people. He
added the final budget is always different than the presidential budget request Mr. Starfield said
that there is no final budget yet, and hopes the program will continue. He added that he wished he
knew more. As to the question about the states, Mr. Starfield proposed that the best practice is
sharing with the states rather than bulling them. He added that leader states should be supported
and promoted so other states will see their results and want to emulate them. Mr. Starfield
explained that EPA will step into an oversight role if a state is not doing what it needs to be doing.
Mr. Walts added that they are look for states to be leaders. He added that 41 states, led by
Minnesota, formally agreed that equity is a top priority.
Sylvia Orduno expressed her concern about how partnerships in Michigan have struggled. She
added that with the three-year anniversary of Flint approaching, communities are not sure if EPA is
there for them. She asked if the speakers could speak to the potential for partnership. Mr. Walts
said that EPA must work with communities and connect that community work with EPA's
fundamental efforts.
Melissa McGee-Collier suggested a contract requirement for funding with states that obligates
states to do environmental justice work, and not just public participation. Mr. Starfield said that
the topic was something EPA needed to discuss with the states, that states are resistant to
mandates. He added that EPA has been looking for ways to help the states. Mr. Starfield is
committed to strengthening environmental justice at the state level. Mr. Walts added that when
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EPA talks to the states, they have environmental justice on the agenda and support state-level
environmental justice.
Rosalyn LaPier expressed her disappointment that Administrator Pruitt was not present, in
person or by phone. She asked the speakers if they could provide NEJAC with words from the
Administrator expressing his commitment to environmental justice. Mr. Starfield said that he was
not able to directly address Member LaPier's question. He noted that Administrator Pruitt has had a
busy schedule and has not yet been briefed on environmental justice. He added that he and Mr.
Walts were glad to attend the NEJAC meeting and hear concerns. Mr. Starfield added that
Administrator Pruitt is committed to working with partners to solve problems in the Region.
Erica Holloman pointed out that environmental justice issues often involve other agencies and
stressed the importance of the Environmental Justice Inter-Agency Working Group in tackling these
issues. She asked the speakers about how to ensure that the working group is funded and able to do
its job. Mr. Starfield agreed that working with other federal agencies is important. He cited an
instance in EPA Region 5 where public housing was located on the edge of a chemical plant
Working with HUD, the public housing was moved. Mr. Starfield said that Administrator Pruitt likes
working with other agencies. Mr. Walts added that EPA does maintain clear coordination with
partners, based on being a good government service. He concluded that EPA Headquarters will
continue to talk to the 10 EPA Regions and keep the Regions connected. Mr. Starfield added that
NEJAC could recommend programs or partnerships to the Administrator, such as the
Environmental Justice Inter-Agency Working Group, that are valuable and should be preserved.
Chair Moore thanked Mr. Starfield and Mr. Walts for their participation and for being at the public
comment the night before. Mr. Moore reiterated the historic role that NEJAC has played in moving
forward environmental justice. He added that NEJAC's diversity has been crucial for representing a
range of experiences. He recounted NEJAC successes, including the CARE program, the Brownfields
conference, the Youth Work Group and environmental justice small grants.
2.3 Community Voices Panel
Vice-Chair Heaps set ground rules for the panel, asking each presenter to speak for no more than
20 minutes. She instructed NEJAC members to limit themselves to one question apiece after each
speaker. The Community Voices panel focused on the environmental justice concerns of
communities in Minneapolis and surrounding areas.
2.3.1 Ticiea Fletcher - Minneapolis Parents for Lead Safe Kids
Ticiea Fletcher recounted how both of her children were poisoned by lead in an apartment they
rented in Minneapolis. She spoke of her son's disability symptoms and the lead poisoning of other
children in the area. Ms. Fletcher shared how when she started her organization two years ago,
there was no support for families available. She explained how her organization engages with
families about lead, doing lead poisoning testing events in different communities.
Ms. Fletcher explained that lead disclosure requirements need to be changed. She provided NEJAC
members with the current disclosure form and her recommendations on the other side. Ms.
Fletcher noted that the year on the form needs to be updated. She said that landlords currently have
too many options on the lease form, and that they pick "lessor has no knowledge of lead-based
paint" She asked NEJAC which document they would rather receive, one with "unknown" checked
off or one where there has been lead testing and all documents have been received. Ms. Fletcher
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requested that landlords be educated on how to do the right thing. She concluded that money
cannot change her son's condition, but addressing the outdated disclosure form can help other
children.
2.3.2 Representative Karen Clark - Minnesota House of Representatives District 62A
Representative Karen Clark thanked Ms. Fletcher as her constituent and a person she is working
very closely with. Rep. Clark mentioned that she has tried for three years to get a hearing on a lead
bill and that they are working on another piece of legislation called the Cumulative Impact Health
Law. Clark discussed her background growing up in rural Minnesota, becoming a public health
nurse and working in farm fields and inner-city.
She relayed her experience in west side St. Paul, when there was no mandate for health screening,
squeezing urine from diapers to get samples. She spoke about working in the legislature to bring
the lead level down. Representative Clark added that 100%-mandatedlead abatement would not be
successful, that it would lead to an underground housing market. She advocated for lead-safe
housing, getting support from pro-family landlords at first, but now faces complete opposition from
landlords for any mandate.
Representative Clark talked about her work combating childhood poisoning. Her team developed a
neighborhood map showing arsenic locations and how the arsenic was more concentrated in areas
where more minorities lived. After that, the neighborhood was declared a residential arsenic
Superfund site. She charted emergency asthma incidents, using maps to show what environmental
injustice looks like. She talked about how community members would use these maps of health
disparities to convince legislators of the need for the cumulative impact assessment law.
Representative Clark shared how the law would make it so one could not issue a permit to any
industry without understanding past and present effect of contaminants on nearby communities.
Paul Shoemaker thanked both speakers. He clarified that lead-based paints were used in homes as
late as 1978. He added that some lead abatements wear off, an issue rarely discussed in homeowner
and renter education efforts. He asked about the level of lead needed to trigger a home
intervention. Ms. Fletcher said that the level is now 5 milliliters, down from 10 milliliters. She
talked about how she did not know what was wrong with her son at first - he had tantrums and
could not speak. She added that the changes are gradual. Last summer, he had no diagnosis but now
he has been diagnosed with autism. She added that there are programs to help landlords replace
windows and that it is an investment for them.
Sylvia Orduno said that she will be looking closely at the proposed legislation and wondered if
there were any health follow ups for children. Ms. Orduno talked about making information about
lead abatement searchable. She added that it is criminal to knowingly put people into unabated
homes. Representative Clark said that it is essential to fund the agencies that are required to do
the work being discussed. She added that having a way of knowing which homes have been tested
for lead is something that should be looked at. Ms. Fletcher explained that landlords currently self-
report if their homes have been abated. She added that she does not understand why Minneapolis
built a stadium when there is a growing homeless population. She concluded by saying that if her
organization stopped its work today, there would be no assistance for families impacted by lead
poisoning.
2.3.3 Hli Xyooj - Hmong Farmers
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Hli Xyooj shared her background working for 10 years as an attorney for Hmong farmers. Ms.
Xyooj shared the context of the Hmong community in Minnesota and other states, describing the
mass migration of the Hmong people from Laos after the Vietnam War. She described how the
Hmong people assisted the United States during the Vietnam War and were persecuted when the
United States left Ms. Xyooj added that the Twin Cities area is the largest urban center for Hmong in
the United States.
Ms. Xyooj explained that farming is integral to the Hmong way of life. When you go to farmers'
markets in the area, 60 percent of the farmers are of Hmong decent. She added that Hmong farmers
are on the front lines of environmental injustice, experiencing the effects of climate change, toxic
farming conditions and restricted access to land. Ms. Xyooj explained that accessing land fit for
farming is difficult unless a person inherits the land. She added that Hmong farmers are often left
with marginalized lands that flood or are located near residential redevelopment. Ms. Xyooj noted
that many Hmong farmers are women running independent businesses.
Ms. Xyooj explained the negative impact of larger farms on smaller farms from chemical spraying
practices. When the larger farms spray pesticides on their crops, the smaller Hmong farms are
covered in spray as well. She added that Hmong farmers exposed to pesticides do not know what to
do and often continue to farm, breathing in the spray and being exposed to the pesticides in the soil
and water.
Ms. Xyooj explained how the Hmong farming community is vulnerable to climate change. With
warmer winters and less moisture in the ground, Hmong farmers who depend on nature to provide
rain are suffering. She added that a single storm can destroy a whole family's income for a year. Ms.
Xyooj cited a storm in 2008 south of St. Paul that wiped out entire farming operations at a peak
growing time of year, leaving farmers with nothing to sell. She noted that, every year, winters are
shorter and when it rains, it rains a lot, leading to landslides. Ms. Xyooj explained that risk
management programs for farmers are not written for small farmers with 1 to 2 acres of land. They
are written for large farming operations.
Ms. Xyooj said that her clients' lives are changing and that they are losing their livelihoods. She
added that her comments are the first time a member of the Hmong community has spoken
officially to EPA. She explained that EPA needs to understand what is happening to the Hmong
workers to create inform strategies to protect their health and livelihoods. Ms. Xyooj added that the
whole community needs federal, state and local programs that protect our natural resources, so we
are not dependent on food from thousands of miles away.
Sacoby Wilson added that the Hmong are not a population he knows much about yet, but he knows
that Hmong fish in the Anacostia River in Washington, D.C. He added that he would like to involve
the local school of health in assessing the risks facing the Hmong community. Dr. Wilson explained
that the public health school can collect bio-tracker data and disseminate information about
protective gear. He added that academics can provide communities with support, and schools and
other health agencies need to step up as well.
Hermila Trevino-Sauceda suggested connecting to the National Hmong Farmers and Rural
Coalition and other similar organizations.
2.3.4 Lea Foushee - Minnesota's Indigenous Peoples, EJ Northamerican
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Lea Foushee shared how the Dakota people are connected to the land of "Mni Sota Makoce," the
place where the water reflects the sky. She added that the area has over 21,000 lakes, is where the
mighty Mississippi begins, and includes Lake Superior. She added that water is the life blood of
Minnesota's indigenous peoples and that speaking about the water as an indigenous woman is an
honor. She noted that she has no claim to represent the indigenous peoples of Minnesota.
Ms. Foushee described the wild rice lakes and their connection to the indigenous peoples of
Minnesota. She described the method used to count the rice plants, how counting plant stems only
documents wild rice available at specific times. Ms. Foushee noted that, after 500 years of warring,
genocide and trauma, indigenous peoples still stand. She added that genocide of traditional
practices has not stopped; the efforts have morphed. Ms. Foushee explained that indigenous people
have disproportionate health risks linked to environmental pollution. She cited the blood memory
of genocide, the history of children taken from their communities, the health effects of fast food and
gas station food and soda machines. She added that these practices are no accident Ms. Foushee
pointed out that the government-subsidized foods are unhealthy. She explained that indigenous
people in Minnesota die from diabetes five times more often than whites. Ms. Foushee noted that
indigenous people require access to the land to live their cultural ways, and this need for land
access goes against the interests of industry and government. She added that indigenous people
suffer from continued marginalization and cultural appropriation, that even the casino-rich tribes
struggle.
Ms. Foushee explained that indigenous people are fighting back by pushing for food sovereignty
and focusing on access to healthy food. Ms. Foushee cited David Emmanuel's initiative Seeds of
Native Health, an indigenous environmental network that promotes traditional food practices and
health. She added that fish are vanishing in areas where they were plentiful. She talked about
ongoing struggles with coal-burning power plants emitting mercury and that mercury is a global
problem. Ms. Foushee explained how methyl mercury damages the brain and central nervous
center. She added that the methyl mercury builds up in fish tissue and all fish consumption meals
must be counted and only two meals a month are safe.
Ms. Foushee explained that more information about impaired waters is needed and more money is
needed to test lakes and test fish in the lakes. She added that fertilizers have degraded the water
quality of the Red River of the North, were the water is not fishable or swimmable. She described
other rivers that run lime green from phosphorous or green algae and sometimes blue algae. Ms.
Foushee described the metric that MPCA uses to determine if the water is safe - lethal dose 50, or
LD50, where if under half of the exposed specimens die, then the water is safe. She questioned how
49 percent survival can be unsafe, but 50 percent is safe.
Ms. Foushee addressed threats to wild rice fields, including the construction of another pipeline.
She added that many kinds of mining take place near wild rice areas. She expressed a need for lake-
by-lake monitoring of the wild rice, and questioned how MPCA could hire a technician with the
proposed cuts to its budget Ms. Foushee condemned the genetic modification of wild rice to
withstand sulfide water, saying that the result of genetic modification would not be wild rice. She
added that introducing the genetically-modified rice into the wild rice field will forever destroy the
wild rice fields. She quoted a community member who said that any attack on wild rice is equal to a
declaration of war against indigenous peoples.
Ms. Foushee shared her concern that Minneapolis does not have an alternate water supply. She
added that the most vulnerable city residents will suffer if there is a water problem. She explained
that the State of Minnesota has no process in place to reject a permit and insisted that the State and
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community need a way to say no to issuing permits. She added that the right of indigenous peoples
to reject a permit is not being enforced.
Ms. Foushee noted that indigenous science is often ignored and that western scientists need to
acknowledge native scientists and the validity of native science. She noted that she had success with
creating a brochure campaign to get the word out about water quality issues facing the community.
She added that the University of Minnesota partnered with the Fond Du Lac Tribe to replant wild
fruits and berries. Ms. Foushee said that communities need to confront abusive use of privilege.
Cynthia Rezentes said that some people want to ignore traditional values and beliefs. She talked
about the fight to resist the genetic modification of wild rice or taro to make it stronger against
environmental impacts. She added that, in her culture, all resources are part of the public trust. She
said that the Native Hawaiian diet has changed to be more western, and that there is a push to
promote a native diet over a western diet Ms. Rezentes offered to put Ms. Foushee in contact with
the people who fought the genetic modification of wild rice in Hawaii. She added that Ms. Foushee
could consider Hawaii's approach, where they are growing genetically modified taro, but it is not to
be disseminated to the public to prevent cross-contamination with non-genetically modified taro.
Ms. Foushee added that the fight described by Ms. Rezentes is intertwined with many
environmental issues facing Minnesota's indigenous peoples.
2.3.5 Roxxanne O'Brien - North Minneapolis Resident
Roxxanne O'Brien shared her background and talked about parts of Minneapolis separated by
race and economic status. She recalled asking her mother why it smelled like poison in her
neighborhood. Ms. O'Brian shared her health struggles with ear infections that affected her hearing
and the inability to succeed in school. She shared how her community suffers from inequity,
resulting in high foreclosure rates and underfunded schools. Ms. O'Brian said that most of the police
officers in the community come from Wisconsin and do not represent the community. Ms. O'Brian
shared how she was trained by a cousin to be a community speaker and learned about sustainable
processes for engaging active cities. She worked to build relationships with local politicians and
neighborhood organizations.
Ms. O'Brian worked with Northside Community Reinvestment to help prevent foreclosures in her
neighborhood. She spoke of arguing with white people who did not understand why the community
did not want to be rebranded and redeveloped, not understanding that the existing community
would be pushed out
Ms. O'Brian spoke of finding out through community connections that a toxic metal shredding plant
in the community was applying for a new permit and wanted to increase their pollutant emissions
by 1,000 percent She added that while she was working on foreclosure and racism, she was
appalled and got involved by making as much noise about the new permit as she could. She said
that the City Council President told her not to make the new permit a race issue, that if she did the
cause would lose. Ms. O'Brian added that they won the fight and the shredder is no longer allowed
to shred at its facility. She reflected that she did not think they would get as big a reaction as they
did, saying that they started out just wanting some extra pollution monitors. Ms. O'Brian explained
that the extra monitors caught the emission violations and had a big effect on the outcome of the
permitting process.
Ms. O'Brian cited corruption as a way that communities are circumvented. She said that she thought
that the MPCA community outreach person made it seem like the MPCA did the community a favor
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when the community had to fight to have the metal shredder permit turned down. She added that
Minneapolis and Minnesota are full of politicians that like to take credit for what communities do
and condescend to communities. She recommended that government organizations look to
organizations from the community rather than outside the community to represent local concerns.
Ms. O'Brian described a meeting where Congressman Keith Ellison told community members that
they could limit the amount of trash they produce to reduce the amount of trash being burned in
the incinerators. She noted that 50 percent of the waste burned at the incinerators comes from
other cities.
Erica Holloman commented that the discussion highlighted the importance of permitting and
using the permitting process as an opportunity for community voices to be heard. She shared her
experience working with other community organizations to determine when permit reviews for
community polluters were coming up and organizing around those review processes. She added
that her community got a permit pulled by showing the polluter was out of compliance through the
public comment process. She stressed the importance of using the public comment period during
the permitting process. Dr. Holloman advised Ms. O'Brian to think about the questions the
community is being asked to make sure she is getting the best information.
2.3.6 Ernesto Velez - Centro Campesino and Pesticide Action Network
Ernesto Velez thanked NEJAC for allowing him to speak to them over the phone. He shared his
background working as a migrant worker organizer and now as the director of the Pesticide Action
Network. He discussed his health and safety approach to pesticide awareness, helping workers
understand how pesticides can affect their families. He shared how, in 2009, he was part of a
delegation that testified to EPA about protection standards. Mr. Velez reflected on the need to
prepare rural migrant communities with skills and knowledge to be sustainable. He advocated
approaching environmental justice from the angle that without healing and protection of the land,
people will not be able to live healthy lives. He added that we need to take care of people who are
tending the land and providing food. He added that he would like farmworkers and activists to be a
part of the larger environmental justice process. He added that environmental justice issues are
complex and thanked NEJAC for its commitment to the issues.
Melissa McGee-Collier asked Representative Clark if the proposed cumulative health impacts bill
was referred to the Health and Human Services Committee. Representative Clark said that the
speaker sent the bill there and that it is stalled. She is pushing to have the Finance Committee
review it Ms. McGee-Collier added that to get things done in Mississippi, they have brought bills
before the State Black Caucus. She asked if Minnesota has anything similar. Representative Clark
said that there is the People of Color and Indigenous Caucus. Ms. McGee-Collier asked Ms. Foushee
about the zoning of wild rice farms. Ms. Foushee said that she did not know about their zoning - the
lands are natural lands and not farm lands. She added that the Department of Natural Resources put
a huge tract of land with wild rice fields up for sale and mining companies are expected to bid on
the land. Ms. McGee-Collier said that the MPCA does have a right to say "no" to permits.
Vice-Chair Heaps said that the MPCA needs to learn to say "no." She added that this was a problem
in many states, where the protection agency thinks that its clients are industry. She explained how
state protection agencies approach permits from the standpoint of "how do we make this permit
happen," when they need a shift to a more balanced approach. Vice-Chair Heaps added that they
need to ask if each permit is appropriate and consider cumulative impacts. She added that a major
shift is needed in environmental protection to protect not the right to pollute but the right to clean
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air and land. Representative Clark added that the bill makes it so that the permitting agency may
not issue a permit without analyzing cumulative impacts.
Fatemeh Shefiei noted that pesticides came up in the public comment period and in Mr. Velez's
presentation, noting that they keep coming up. She added that the pesticides poison workers in the
plants where they are produced, poison workers in the fields where they are used and poison
workers' families when they get home. Dr. Shefiei added that some people use pesticide-
contaminated agricultural irrigation ditches for washing plates and washing their babies. She noted
that pesticide poisoning is not as noticeable as an explosion, but people are still dying. Dr. Shefiei
noted that when pesticide is banned, it can still be produced for export Other times, she noted,
farmers switch from one pesticide to another that will be less harmful for bees but more harmful
for farmworkers. She recommended better worker protections and that all parties should work
toward safer alternatives and use natural insect predators to combat insects.
Deidre Sanders returned to the permitting process, explaining that industry will only apply for a
permit if a company believes they can meet permit requirements. She added that a lot of time and
expense goes into applying for a permit. Ms. Sanders added that being involved in the permitting
process is important, but changing permitting criteria requires getting into how the regulations and
requirements are set. She noted that those criteria influence that construction of the permit. Ms.
O'Brian noted that the metals shredder asked for a 1,000 percent increase in their permitted
emissions. She added that they lied about the emissions of their stacks and were allowed to test
themselves or know when they would be tested. Ms. O'Brian said she thought that the testing
should be done by a member of the community. She also requested that environmental impact
studies become part of the permitting process. Ms. Sanders asked Ms. O'Brian if she knew if
increased production was a requested variance to the permit and, if so, they needed a justification
for that increase. She urged Ms. O'Brian to find out which agency is responsible for different roles in
the permitting process.
Chair Moore noted that the presentations and interaction between the panel and NEJAC members
have been great He added that the issues discussed are complex.
Nicky Sheats added that his organization is suing New Jersey over a permit now, to compel them to
use their authority to deny a permit based on cumulative impacts. He noted that getting states to do
their job is difficult because they think they do not have the authority and worry about being sued.
Sacoby Wilson said that he appreciated the stories shared by the panel. He expressed his
frustration and anger with legalized poisoning, legalized environmental slavery and legalized
environmental genocide. He urged use of environmental impact studies during the permitting
process. Dr. Wilson added that fenceline monitoring does not matter, community members want to
know about contaminant levels at their homes. He added that the standards for particulate matter
are not useful to communities in many ways. He urged community ground-truthing, site-specific
monitoring of many pollutants and the use of baseline data to determine exposure. Dr. Wilson
added that money from fines or settlements need to go back into the community for health
monitoring and improvements. He added that the green zones discussed for Minneapolis need to
push out the polluters and make cultural preservation of the neighborhoods a priority.
Sylvia Orduno spoke of the challenges and opportunities of tying traditional diets and practices
into urban environments. She added that by 2050, 66 percent of people in the world will live in
cities. She mentioned that there is a growing interest in local organic foods in city settings, creating
urban farms from practices from agrarian cultures.
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Chair Moore acknowledged the 50+ people participating via conference call and thanked Kim
Lambert from the U.S. Fish and Wildlife Service for her environmental justice leadership. Kim
Lambert responded, asking people to let her know if there is anything she can do to help on behalf
of the U.S. Fish and Wildlife Service.
2.4 State Environmental Justice Panel
Vice-Chair Heaps opened the panel by stating that state-level environmental justice is important.
The panel focused on the proactive efforts of states to advance environmental justice.
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2.4.1 Charles Lee - Senior Policy Advisor for Environmental Justice
Charles Lee emphasized the importance of state-level environmental justice, noting that
environmental justice communities have emphasized from the beginning of the movement the
importance of the states. In 2010, the Government Accountability Office's major recommendation
for EPA's Office of Environmental Justice was working better with the states. Mr. Lee added that the
states are the next important frontier for advancing environmental justice. He noted that
Administrator Pruitthas indicated that working with states and cooperative federalism are
priorities. He added that many states are being proactive already. Mr. Lee explained how this panel
was an opportunity for states to learn from the efforts of one another.
2.4.2 Ed Ehlinger - Commissioner, Minnesota Department of Health
Ed Ehlinger said that equity must be the framework for health and environmental justice. He
explained the difference between equality and equity. He shared one study that found that
communities three miles apart had a seven-year difference in life expectancy and that low-income
people and people of color were dying sooner.
Mr. Ehlinger explained how state agencies need to change how they work to not just provide
services but change things for the better. He added that while living conditions greatly impact
health, little is known about how to change living conditions to improve health. He urged other
state agencies to organize the public will, organize the resources, and organize people to guide and
inform decision makers. Mr. Ehlinger explained the Triple Aim of Health Equity - expanding
understanding of health, implementing health in all policies and strengthening community capacity.
Mr. Ehlinger advocated for the expansion of the understanding of what creates health to include
social and economic factors. He added that it is not about making the healthy choice an easy choice,
it is about making it a possible choice. He explained that institutionalized racism contributes to
these issues. He added that access to transportation and minimum wage are linked with health
issues. Mr. Ehlinger added that health systems work best when they treat people in the context of
their communities.
Mr. Ehlinger said that to change living conditions, macro policies need to change. He added that the
World Health Organization should consider climate change in their health assessments. Mr.
Ehlinger asked what would it look like if equity was the starting point for health decision-making.
2.4.3 Alexandra (Alex) Dunn - Executive Director and General Counsel, Environmental
Council of the States
Alexandra Dunn said that she represents an organization of state environmental administrators.
She explained how every state government structures their environmental services differently. In a
few states, services are combined with a public health department or a department of natural
resources. She added that the organization, the Environmental Council of the States (ECOS), is
promoting continued dialogue on environmental justice.
Ms. Dunn described her background with environmental justice, explaining how she graduated
from law school in 1994 around the time that the executive order for environmental justice was
signed, and was employed by United States Chemical Manufacturing. She was given the issue of
environmental justice and worked representing industry on the early NEJAC. She added that she
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loves teaching the next generation of environmental justice professionals to look holistically at the
decisions they are trying to make and see how the outcomes can work best for all.
Ms. Dunn explained that the states' treatment of environmental justice is like a classroom of
children. Some states are A students and always raise their hands with the right answers while
other states are C students, holding back and not engaging. She added that a good teacher can bring
something out of those C students. Ms. Dunn added that many states are operating in a culture that
does not make equity their top priority - economic growth or other factors may be the main driver
for the state. She urged officials to meet states where they are and help them achieve where they
are. She added that states are complex and do not all have an office of environmental justice.
Ms. Dunn urged state officials to consider how they deploy their resources and direct them to urban
or rural area without infrastructure or environmental hotspots. She described how ECOS held
webinars featuring six different states and how they deal with the permitting process. She told the
story of how her neighborhood was not happy about a planned shopping plaza near their homes.
However, the time had passed to make a complaint. Ms. Dunn added that there is a process for
everything and sometimes timing does not put you into the process. Instead, she explained how the
neighborhood developed relationship with the plaza owners so their concerns were heard and
addressed.
Ms. Dunn shared her experience working with university students to document environmental
justice programs in all 50 states. She added that the students wanted to dive in and were
determined to find policies for all 50 states. She explained that most companies have a corporate
policy about engaging communities, and suggested working collaboratively with businesses to
change their behavior.
Ms. Dunn suggested developing a community of practice between different state environmental
justice agents. She added that these agents often feel like an island since they do not have a lot of
colleagues. Ms. Dunn suggested periodic conference calls to share ideas and show them they are not
alone. She suggested traveling to conferences when possible to get exposure to other ideas.
2.4.4 John Line Stine - Commissioner, Minnesota Pollution Control Agency (MPCA)
John Stine welcomed NEJAC members to Minnesota. He said that he grew up in the St. Paul suburbs
and recognizes that the community he grew up in is not the only community he represents. He
added that MPCA is working to address environmental justice better in all sectors. He explained
that MPCA had not taken much action on environmental justice until 2012, when the governor
identified a need to reduce inequity across the state. Since then, MPCA has added a commitment to
environmental justice to the agency's strategic plan. Ms. Stine described the work of MPCA's
environmental justice steering team, which is aimed at making environmental justice the
responsibility of managers as well as staff. He added that everyone can participate in decisions
being made about health and that participation should result in equal levels of environmental
protection, quality and services for all. Mr. Stine added that MPCA aims to focus more on the most
at-risk Minnesotans. He noted that these statements are goals and visions, and not yet fully realized,
and said that he was deeply concerned about these issues.
Mr. Stine explained that MPCA is seeking to identify areas where minorities are experiencing more
harm and to increase work in those areas. He discussed the formation of MPCA's Environmental
Justice Advisory Group, made up of 16 people who meet monthly. Mr. Stine stressed the importance
of civic engagement and outreach. He added that more work needs to be done to make the
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permitting process more accessible to communities. He spoke of learning about the need for
translation services and holding meetings after work. Mr. Stine noted that there are a host of ways
to understand these concerns, including Census data and mapping tools. He added that MPCA is
seeking to improve regulatory outcomes, working with industry to keep pollution well under the
limit He stressed the importance of connecting communities with partners to get things done.
Mr. Stine added that he is the President of ECOS, which is committed to advancing equity. He noted
that during the political transition ahead, many people are concerned about the commitment of
states to enforcing the current law. He added that the states of ECOS are going forward, not
backward. He concluded by saying that leaders in state governments need to defend environmental
justice.
2.4.5 Myra Reece - Director of Environmental Affairs, South Carolina Department of Health
and Environmental Control (SC DHEC)
Myra Reece said that if there ever was an important time to elevate environmental justice, that
time is now. She added that there has been a lot of progress in environmental justice. Ms. Reece
described herself as always being passionate about environmental justice and wanted her 1,000+
staff to be passionate too. She added that the decisions her department makes each day affect
communities across South Carolina. Ms. Reece explained that it is important to build a culture of
environmental justice in an agency since every staff member makes crucial decisions.
Ms. Reece reflected on her 20 years on the front lines learning from communities and her year of
experience as director of SC DHEC, seeking to bring environmental justice to all environmental
affairs departments in South Carolina. She added that EPA staff have helped her design strategies
for South Carolina and added to her passion for environmental justice. She emphasized the
importance of public outreach and truly involving each community.
Ms. Reece talked about asking her team if what happened in Flint, Michigan, could happen in South
Carolina. She noted that while 96 percent of their public water systems did not have any lead
exceedances, she wanted to know about the 4 percent that did. Ms. Reece added that those systems
are in rural counties with small water systems that provide water to lower income and minority
communities. In response, Ms. Reece reported that the Rural Water Office was established. The
Office reports to the chief of the state's water program. She urged officials to figure out how to
address problems, and not walk away.
Ms. Reece asked how officials can help communities learn more about the quality of their water
supplies. She spoke about the challenges of maintaining an agency culture of true public
engagement She shared how her department started an internal taskforce to determine how to
better engage the public. They determined that they needed to listen more, and sent staff into
communities for listening sessions. She added that their strategies for public engagement were then
developed based on those community responses.
Ms. Reece shared the story of State Representative Harold Mitchell and the ReGenesis project in
Spartanburg, South Carolina. She spoke of how Representative Mitchell experienced environmental
injustice as a community member, where his neighborhood was surrounded and impacted by
industry and abandoned Superfund sites. She added that the community leveraged a small EPA
grant into millions of dollars for community improvements. As Representative Mitchell said, the
community went from a community barely surviving - to a community thriving.
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Ms. Reece recommended the use of environmental excellence programs to recognize businesses
committed to environmental justice. She added that, in response to the Clean Power Plan, her
department set up an energy coalition that included environmental justice representatives. She
suggested establishing regional environmental justice hubs. She added that success is all about
sustaining efforts. She added that despite questions about the staying power of the Clean Power
Plan, she still has commitment from the utilities to bring renewable energy to communities.
2.4.6 Arsenio Mataka - Assistant Secretary for Environmental Justice and Tribal Affairs,
California Environmental Protection Agency (via phone)
Arsenio Mataka talked about the focus on climate change equity in California. Mr. Mataka reviews
bills that form the legislative foundation for environmental justice in California. He shared his
background as the son of environmental justice advocates in a community where they were never
able to drink their tap water and for a while lived near the largest tire pile in the world. Mr. Mataka
spoke of watching health and government agencies dismiss his parent's anecdotal evidence. He
added that listening to anecdotal evidence impacted the way the State of California examines
cumulative impacts.
Mr. Mataka explained how small towns and communities feel burdened, and need a way to compare
themselves to other communities across the state. He added that this need was the launch pad for
special analysis work of relative environmental burdens in California, a project called
CALEnviroScreen. He explained how the screening tool provides a ranked score on a scale of
vulnerability factors for each Census tract. He added that the tools link together socially vulnerable
communities and communities that are vulnerable to pollution burdens.
Mr. Mataka used the example of a community called the Airport Community, which is located near
an airport and a glass manufacturer. He described the community as historically poor. When staff
spoke to the community, pollution was not a concern that came up. However, when looking at the
community in CALEnviroScreen, it was in the 99th percentile, one of the communities most
vulnerable to air pollution. He urged everyone to test their assumptions about which areas suffer
the most and to put considerations about race on the front end.
Mr. Mataka spoke about efforts now that CALEnviroScreen has been developed. The tool has
resulted in concrete and specific initiatives, like a community lead-air study. He explained that the
community selects where air monitors go and that the community monitors do well in comparison
with official monitors. He added that California is advancing quickly on high-quality, low-cost air
monitors.
Mr. Mataka described the agency's Environmental Justice Task Force's multi-media approaches to
enforcement. He talked about the task force strategy of having community members mark a map
with their concerns, and planning in partnership with the community and business to address the
concerns.
Mr. Mataka shared stories about community members benefiting from climate investments, such as
the installation of free solar panels saving a community member $100 a month, freeing up money
he needed for medication. Mr. Mataka looked forward to the development of high-speed rail and
green infrastructure, including bioswales, to manage stormwater runoff. He added that
environmental justice communities see the benefits of green infrastructure. He concluded by saying
that current attitudes and efforts around environmental justice in California are positive.
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2.4.7 Melissa McGee-Collier - Director, Office of Community Engagement, Mississippi
Department of Environmental Equality
Melissa McGee-Collier spoke of being born in the Free State of Jones in Mississippi. She explained
that she did not realize she had grown up in an environmental justice community until she became
involved in environmental justice. She described industrial impacts on her neighborhood and that
she understands what environmental justice communities put up with. She shared how her family
was impacted by environmental injustice, how her father worked in an asbestos facility for 20 years
and brought asbestos home on his clothes, leading to health issues for him and the family.
Ms. McGee-Collier discussed her path to becoming the Director of the Office of Community
Engagement at the Mississippi Department of Environmental Equality. She shared that, before the
Office's creation in 2010, the environmental justice coordinator had to split her time between
environmental justice and leading field inspections. Ms. McGee-Collier explained that, at first, a
contractor was the only support she had. By 2014, she had a staff of seven people. She explained
that the Office was created to make sure that communities have access to timely and accurate
information, access to environmental education, and access to public comment opportunities.
Ms. McGee-Collier discussed that authentic participation is needed for effective partnerships with
the community. She described her success using a Small Business and Environmental Assistance
Program grant to assist a man in Charleston, Mississippi, regarding an illegal landfill behind his
house. She helped the community secure a small business grant for technical assistance to
understand landfill impacts.
Ms. McGee-Collier explained that wastewater and drinking water issues are complex and cited the
need to partner with public health departments. She added that it is difficult for communities to
understand which organizations are responsible for different parts of the water systems. She stated
that agencies need to do more than sending notices that many people never receive. Ms. McGee-
Collier discussed implementing systems where community members can opt into receiving
information about local environmental issues. If they opt in, the notification comes directly to the
address they confirm. She also suggested making fact sheets and sharing them with communities.
She discussed how her agency deals with the environmental side of environmental justice and
needs partnerships to address health issues. She suggested partnering with EPA, state
environmental agencies and public health organizations. She discussed how it is vital to keep
regulatory agencies in place to improve the lives of communities. Ms. McGee-Collier concluded that
local government needs to deal with issues on the front end by providing environmental education
to local officials. She suggested collaborating with business. She concluded that if officials are to
address injustices, everyone must be brought to the table.
Kelly Wright asked Ms. Dunn about collaboration in Indian country in the ECOS states. Ms. Dunn
talked about the National Tribal Environmental Council (NTEC). It looks at ways to leverage state
resources to help in Indian country.
Kelly Wright asked Mr. Stine about how MPCA asks businesses to lower their emissions. Mr. Stine
said that MPCA provides businesses with information on contaminant sources and invites them to
the table. He added that coordinating with businesses to lower emissions was an area of focus for
MPCA. Working with businesses to build awareness of environmental justice issues through their
interest in being good neighbors. Kelly Wright cited testimony from the public comment about
arsenic contamination in the Little Earth housing complex and the neighborhood impacted by a
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former laboratory as instances where there should be accountability. He asked Mr. Stine how
Minnesota is looking to step up and be accountable. Mr. Stine acknowledged the situation at both
sites. Monitoring of TCE at the former General Mills laboratory site is ongoing and EPA is
responsible for the Little Earth arsenic response action, monitoring and follow up. He agreed that
agencies must be accountable by using the data available and engaging each community. He added
that a remedy is not a remedy if it does not protect the community. Mr. Stine acknowledged the
challenges of contaminated legacy sites and the need to reevaluate some sites for vapor intrusion.
He concluded by noting that what is known and acceptable levels of risk change over time.
Rita Harris said that she had enjoyed listening to the panel. She added that there is a difference
between real action and lip service. She urged the presenters to be willing to want to see change
and to make change happen. She added that community engagement should not just be checking off
a box. She suggested making community outreach staff available to help connect communities to
the appropriate state agencies for all their concerns, not just when there is a crisis. She noted that it
would be great to have a set of criteria and outcomes for environmental justice offices to allow for
community oversight She added that there is a disconnect and lack of trust between many states
and communities.
Ms. Reece said that SC DHEC has been making efforts to support community leaders and work with
environmental justice hubs to help reach communities. She added that community leaders have
better access to their communities and their concerns. She added that all communities want the
success of the ReGenesis Project. She recommended making new partnerships, with new partners
bringing valuable information to the table. Mr. Stine added that he liked the idea of having criteria
to better define agency efforts so communities can trust MPCA. He added that MPCA staff go to
community events, festivals and activities to share information and get to know people before a
problem happens. Mr. Ehlinger said that his agency's approach to authentic engagement is
developing listing criteria and getting input on the criteria from communities. He added that the
governor has community engagement strategies and the Minnesota Department of Human Rights is
creating criteria. Ms. McGee-Collier said that consideration of what community members say
should be the outcome of these efforts. Ms. Harris added that she would like to have a community
liaison for all state agencies so communities can feel heard.
Sacoby Wilson appreciated Ms. McGee-Collier's work, noting this his father was also poisoned by
asbestos. He asked how the presenter's departments build partnerships to create greater access to
health and green infrastructure for communities. He also asked if the local school of public health
works with the agencies. He asked how the agencies are working together to address cumulative
impacts through mapping and bring investments into these communities. He urged the presenters
to get communities involved during the pre-permitting stage of the process and use communities as
contextual experts. Sylvia Orduno added that the community can get lost in the front end of the
process. She noted that communities need scientists and officials to say "no," to counter economic
arguments with scientific arguments. She added that environmental justice needs to be better
connected to public health. She cited water insecurity in Michigan, where health care officials have
not stepped up to address the problem. Member Orduno added that officials need to listen to
communities, rather than wait to see if problems get worse.
Mr. Ehlinger explained that the local school of public health has partnered with the city and state
to tackle local health issues. He recognized the need to involve communities in pre-planning and
pushing for health impact assessments. He added that the narrative in the medical community is
changing and that people are starting to recognize the need to treat people in the context where
they live. Mr. Stine added that he is seeking to build a practice of doing things that cannot be
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undone. He noted that politics is a bare-knuckle fight when it comes to talking about how to spend
money. Ms. Reece added that the timing is right to take a step back and look at changing regulator
approaches to air quality. She noted a need for resources to determine hotspots. Ms. Dunn said that
there are memoranda of agreements between her agency and other agencies, and that while a
connection has been made, more needs to be done. She added that everyone should think of
themselves as a public health worker. She urged the need for better front-end engagement and
talked about getting people more involved before the final stage of the permitting process. She
suggested seeing if any state has a good model for super early engagement. Ms. McGee-Collier
suggested using public notices about permits as the permit requests are submitted, which enables
communities to get the information early.
Member Deidre Sanders noted that she is the environmental justice program manager and staff at
her company. She asked Ms. Dunn if she had considered creating an environmental justice business
network to engage the business community. She added that approaching environmental justice
from the angle of risk management and ensuring project certainty has been successful. She
commended Mr. Mataka's efforts. She asked if climate impacts will be added as indicators in
CALEnviroScreen. Mr. Mataka said that climate indicators would be integrated into the tool over
the next year or so.
Chair Moore noted that all states are not the same - some will receive more support than others
for environmental justice issues. He added that states need to support each other. He acknowledged
the work that Ms. McGee-Collier has done under challenging circumstances in Mississippi.
2.5 Youth Perspectives on Climate Justice Work Group Update
Vice-Chair Torres introduced representatives from the NEJAC Youth Perspectives on Climate
Justice Work Group.
2.5.1 Samantha Shattuck - Public Health Specialist, Pegasus Technical Services
Samantha Shattuck thanked NEJAC for the opportunity to represent a nation of youth working on
climate change. She added that the process of working on this charge opened the work group's eyes
to being more effective and practice relationship building. She outlined that they would present the
work group's charge, the process so far, what the work group has learned, and next steps.
Ms. Shattuck reviewed the two charges given to the working group:
1. How can EPA effectively engage with youth on climate change and adaptation planning using new
resources and tools designed to help communities become more resilient and better protect
themselves from the impacts of climate change? What activities and mechanisms (e.g., policy,
guidance, protocol) should EPA consider to authentically engage and work collaboratively with
youth, and other interested stakeholders, to identify and address climate change impacts on
overburdened and vulnerable communities?
2. What best practices, including efforts to address the compounding health vulnerabilities brought
on by climate change, can be provided using youth-driven projects from across the United States
from which results-oriented recommendations can be drawn?
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2.5.2 Kayla DeVault - Civil Engineer, Navajo Division of Transportation
Kayla DeVault noted the overlap between the two charges. She stated that the first charge is about
engagement She added effective engagement means providing tools that are easy to use and
understand. She asked about the meaning of authentic engagement, adding that it includes
transparency about rules and capacity with communities, mutual respect, listening to each
community, and making sure community members have a say. A key part of authentic engagement,
she added, was approaching communities early in the process.
Ms. DeVault moved to the second charge, determining best practices. She listed best practices such
as meeting communities where they are, active listening, and encouraging youth to create stories
that document their struggles. She suggested providing an environment that supports the building
of relationships and leadership skills, such as the Harambee House in Savannah, Georgia. Harambee
House develops black youth leaders by put them in charge of environmental justice projects in a
structured setting with guidance and feedback.
2.5.3 Kathy Tran - Environmental Health, University of California Berkeley School of Public
Health
Kathy Tran reflected on how members of the Youth Perspectives on Climate Justice Work Group
learned how to process feedback and how to communicate with and coordinate a large group. She
discussed how members struggled to prioritize the work group with other commitments. She
shared how members lacked clarity on the type of work and the amount of work expected. She
talked about members' concern that they did not interact more with NEJAC members.
Ms. Tran shared next steps for the report, including restructuring some of its organization and
refining its format to integrate more examples. She said that work group members will design the
report's layout, create a final draft with visuals and incorporate additional edits.
Ms. Shattuck said that bringing the work group together during the NEJAC meeting has been a flash
point for the project She asked NEJAC about how the work group and NEJAC can share the report
with communities when it is ready. She said that work group members want the report to be
implementable and not sit on a shelf.
Mike Ellerbrock commended the work group for its remarkable efforts. He suggested an K-12
audience review and getting the report out to curricular coordinators. He suggested getting the
report out in the states through offices of environmental education. He concluded by suggesting
that the report be tied to standards of learning.
Charles Chase added that it is amazing how far the work group has come. He added that next steps
depend partly on what the members want to do with the report. He added that NEJAC would like to
disseminate the report at the grassroots level. He suggested that the members elevate the report
and use it as public platform. He added that, after the report is finished, he was not sure what would
happen with the working group. It is NEJAC's first youth working group.
Vice-Chair Heaps thanked work group members for their hard work and added that now they
know what it is like to be part of NEJAC. She added that the members can decide next steps and how
to make the report into something usable that follows their vision of where this work should go.
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Erica Holloman thanked work group members for their great work, and added that the work
group speaks to the importance of having young people at the table. She suggested sending the
report to universities, hosting presentations for college classes and visiting local schools. She also
suggested using social media to get the message out
Ms. DeVault added that, looking back, she would suggest having work group terms of two years
with a one-year overlap between different cohorts of members, to prevent early struggles and help
with the transition. She added that there is a dire sense of urgency in communities facing serious
climate change issues.
Erica Holloman recommended that NEJAC consider having a permanent youth chair for a youth
member.
Nicky Sheats suggested sending the report to the National Forum on Climate Change and the
Climate Change Alliance. He added that anything that can be done to get more youth involved in
environmental justice and climate change is critical.
Fatemeh Shafiei reflected on her work with the work group, commending Ms. Shattuck on her
level of commitment and leadership. She added that the report is very important and timely. She
noted the report will be made available on NEJAC website. She suggested the members form an
NGO and create a webinar where they can post more information.
Paul Shoemaker thanked work group members for their hard work and added that the work
group should not shy away from making recommendations. He added that resources and funding
are needed to build the capacity of people who can champion the report.
Cynthia Rezentes added that the report is a wonderful document and that work group members
should distribute it widely. She suggested sending it to every organization in every state that deals
with climate change. She noted that the members should publish the report sooner rather than
later. She added that youth need to be involved in state government sooner rather than later. Ms.
Rezentes noted that climate change is going to come faster than most people anticipate. She added
that, off the coast of Maui, they've lost 81 empire state buildings worth of sea floor and are suffering
from severe impacts to subsistence fishing. She urged the members to consider changing the way
that people and resources are used. She added that the work group members' generation would
have to face the health implications of climate change. She suggested getting connected with
government staff to link their expertise with communities' local knowledge. She suggested drafting
a cover letter and sending out the report.
Charles Chase added that youth needs to be defined. He added that the work group members need
to consider how to access different groups of people across all markets. He added that the language
of the report needs to be refined a little more. He added that the report could be shared as a TED
talk.
Rita Harris said that the report should be shared far and wide. She suggested sending it to all state
legislators. She suggested posting the report on EPA's Environmental Justice in Action blog. She also
suggested creating a Facebook page to connect to people and create an interest group.
Vice-Chair Torres added that they should have pride in the report and add potential future
research and report applications into it He added that work group members should ask EPA for
action to move this forward.
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Sacoby Wilson suggested expanding the report's executive summary. He also suggested including
more links, visuals and bulleted sections. He added that NEJAC needs to have members 25 years old
or younger.
Ms. Shattuck replied that there was a lot of interest from work group members in being involved
with working with and advising NEJAC.
Vice-Chair Torres concluded the session, thanking the work group members for their report and
their work. He added that he hoped NEJAC would see more youth involvement like the work group
in the future.
2.6 Closing Comments and Announcements
Matthew Tejada clarified that work group members are encouraged to apply to become NEJAC
members. He added that youth is considered as part of the diversity factors during the application
process. He added that youth members have served on NEJAC in the past. He noted that the report
will not become public until after NEJAC votes to approve it Vice-Chair Torres asked if the report
will be made available in Spanish. Mr. Tejada confirmed that it could be made available in Spanish
and officially closed the meeting.
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3 Welcome and Day Two Recap
On Thursday, April 27, 2017, Matthew Tejada summarized the events of the day before. He
commended the presentations from state employees at the state panel and the participants on the
community voices panel. He described the community-sponsored event at the Indian Community
Center in Minneapolis. He added that, today, participants would hear from the tribal panel. Mr.
Tejada noted the presence of a quorum and turned the meeting over to Vice-Chair Jill Witkowski
Heaps. Vice-Chair Heaps explained that each presenter on the tribal panel would have 15 minutes
to speak and 15 minutes for questions.
3.1 Tribal Panel
This panel focused on ways the tribal environmental program engages and seeks to actively involve
tribal members, and all other residents within their jurisdiction.
3.1.1 Alan Walts - Director, Office of Enforcement and Compliance Assurance, EPA Region 5
Alan Walts said that he would share his perspective on tribal concerns through a policy
framework. He added that any environmental issue in Indian country is an environmental justice
issue. He added that fundamental aspects of the right to self-determination was to trust and
fundamentally respect tribal leaders and peoples. He recommended partnerships between people
with environmental concerns and people with tribal concerns. Mr. Walts added that the
communities in EPA Region 5 push his office to be better.
3.1.2 Shannon Judd - Environmental Education Outreach Coordinator, Fond du Lac Band of
Lake Superior Chippewa
Shannon Judd introduced her presentation, saying that she would describe several projects and
some future plans for community engagement. She added that her work is entirely environmental
justice related. Ms. Judd noted that she speaks on behalf of staff who have done a lot of good work at
the individual and household level as well as across communities. The work has included lead
testing of children and homes, lead testing in toys and indoor air quality education and testing.
Ms. Judd talked about coordinating with the Fond du Lac Clinic on monitoring the presence of
environmental toxins in the community. She described working with the Department of
Transportation to identify areas where the community can gather plants. She described using
community engagement to recruit community members to be tested for environmental concerns. In
2014, 500 community members participated.
Ms. Judd described holding workshops and events such as learning to make your own household
cleaners and discussions about food sovereignty. She described ongoing, long-running programs
such as a community garden growing program. She said that there is also now a gardening program
and community garden for youth. She described how, in the program, youth learn about how to
grow plants and the history of traditionally grown plants.
Ms. Judd described a community meeting held in March to inform the public about a proposed
pipeline route and wild parsnip, an invasive species with toxic sap that can cause skin damage. She
said that other public meeting outreach has included information about mining and ways for the
community to provide comments on proposed plans. She added that she works with agencies to
make sure environmental concerns and cumulative impacts are taken into consideration.
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Community outreach at Fond du Lac schools gives each grade a different job to promote
environmental issues. One group developed a no idling rule, which they researched and helped
promote.
Ms. Judd described several upcoming events, including a climate change and water event in
collaboration with Minnesota Public Radio that is open to the public. She added that they are
starting a health impact assessment for wild rice, working with the Minnesota Department of
Health.
3.1.3 Levi Brown - Environmental Director, Environmental Lands Department, Leech Lake
Band of Ojibwe
Levi Brown concurred with Mr. Walts' statement that the tribes challenge EPA Region 5 to be
better. Mr. Brown described his background as an enrolled member of the Ojibwe, living for 30
years on the reservation. He said that he finds nothing more rewarding than working back home.
He advocated for community-focused decision making that ties into Ojibwe culture.
Mr. Brown showed a map of the Ojibwe reservation, showing its proximity to Leech Lake, the third
largest lake in Minnesota. He said that, at any given moment, 10 percent of Minnesota's water is on
the reservation. He showed how the reservation shares a common border with a national forest. He
added that the reservation has 10,000 enrolled members, with 7,000 members living on the
reservation. He advocated a community outreach and environmental justice strategy that focuses
on what community members need to know and understand. He added that helping the community
understand why a law is in place can help ensure the law's enforcement. He shared the power of
living in the community to build a foundation with the community.
Mr. Brown shared that the biggest challenge has been building partnerships with people outside the
reservation. He encouraged bringing human elements to interactions, promoting the power of
sitting down over a cup of coffee. He encouraged getting to the core of solving the problems and
building a coalition - we all breath the same air. He suggested soliciting the help of grassroots
organizations that are good at getting community involvement.
Mr. Brown talked about what EPA can do. He said that they can defend tribes' ability to made
decisions. He added that his biggest frustration with federal agencies comes when they do not try to
relate on a personal level. He said that when federal employees come and speak with people, they
have a better understanding and the conversations improve. He relayed his success in securing
tribal cleanup standards for the St Regis Paper Company Superfund site.
Charles Chase asked Ms. Judd about the interest she gets from tribes and elders in promoting
access to healthy food in grocery stores.
Ms. Judd replied that the reservation is not considered a food dessert; there is a store within the
reservation boundary and another store a mile away. She said that they are working to bring
fresher food to the community. She noted that a community market and a farmer's market are
starting to get more participation. Ms. Judd added that work on the reservation is done in
partnership with several federal agencies.
Kelly Wright asked if the wild rice assessment is just for sulfate or other constituents. He said that
regulators in his area only look at a few constituents. He is excited that EPA Region 5 used tribal
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cleanup levels for the St Regis Paper Company Superfund site and will push for the same at the East
Michaud Superfund site during the site's next five-year review.
Ms. Judd said that the wild rice health assessment is in the early planning stages. She added that
the study is driven by community concerns. She noted that other concerns include the fact that
sulfate can make mercury bioavailable.
Mr. Brown said that his organization knew the study of wild rice would be political, and that the
organization did not participate in the study. He added that his tribal government has a consistent
record of governance enforcing tribal rules.
Chair Moore said that NEJAC has made it a priority to include council members who understand
sovereignty and support tribes' nation-to-nation status. He added that he understands the treaties
that have been violated and that history speaks for itself. He added that NEJAC supports local work
and national work, tribal governments and organizations within tribal nations. He added that there
needs to be better coordination between EPA Regions that border tribal lands. He emphasized that
EPA Regions can change from being reluctant to act and be proactive, to leading the Regions on
environmental justice. He added that pipelines are an issue, and that there are other issues as well.
He enjoyed learning about traditional cooking classes at the Indian Community Center.
Vice-Chair Heaps thanked Mr. Brown for his recommendations. She talked about how permit
writers spending time in communities could result in different outcomes, looking beyond situations
as engineering problems to situations as people and health problems.
Mr. Brown shared how he bridged divides with a 75-year-old sheriff when he was 35 years old by
having coffee and sharing stories.
Sylvia Orduno asked Mr. Brown to speak to the wastewater and sanitation waste challenges he
faces.
Mr. Brown said that water issues threaten tribal sovereignty; when the water is impacted, culture
is impacted. He talked about the legend that moved his people toward the grass that grows on
water, saying that when you find it, you will live there. He added that funding is becoming available
to improve wastewater and sanitation services.
Mike Ellerbrock talked about how Native Americans face the issue that the American public
remains largely ignorant of their existence and cultures. He asked about ways to counter that
ignorance.
3.2 Monitoring Work Group Final Report
Vice-Chair Heaps started the report review, stating that NEJAC members would ideally review and
approve the report today. She summarized how the Monitoring to Improve Environmental
Conditions Work Group convened to better understand how EPA can address the needs of
communities when providing monitoring data through negotiated enforcement settlements or
permits. EPA seeks insight from NEJAC on how best to provide environmental data in a way that is
meaningful and relevant to communities and empowers them to improve local environmental
conditions.
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Vice-Chair Heaps reviewed some of the work group's recommendations, including improving
community access to data and notifying communities of high pollution levels through text messages
or sirens. She added that the work group acknowledged that all communities are different, and a
website that works in one community might not work in another community. She said that
monitoring should be linked to permitted requirements, that a daily average should mean a daily
average and not sampling once a year. She noted that communities need to receive the information
so people know the permit is being followed.
Vice-Chair Heaps added that good, clear data will build trust between communities and facilities; a
facility may be in compliance but the community may not know. She noted that the work group
advocated for community-based science and community-based monitoring. She added that
mapping tools need to accommodate people with different backgrounds and who need different
things from the data. She noted that the work group recommended data presentation in layers that
start general and allow people to click down to detailed numbers and specific health impacts. She
concluded by saying that these findings are some of the report's highlights, and that the report
includes advocate and industry perspectives, commonalities and recommendations.
Sacoby Wilson noted that the work group worked with the National Advisory Council for
Environmental Policy and Technology's (NACEPT's) report on citizen science. He added that the
work group should cite the report. He also said that the scientific method should allow for any
monitoring or modeling used for permitting. He noted that the same standards that apply to
scientists must apply to facilities that monitor themselves. He said that citizen science is about
ground truthing and that the results are good enough to hold up in court
Diedre Sanders added that when a facility monitors itself, it is not in the context of community
impacts. She said that facilities would understand local impacts better through more
comprehensive public health engagement with communities.
Sylvia Orduno commended the work group for its recommendations and tools that can help
communities. She said that with more companies seeking permit expansions, there are more
questions from communities about the cumulative impacts of industry and communities are
seeking greater accountability. She asked if the work group considered water-related issues.
Vice-Chair Heaps clarified that water systems are outside the scope of the report
Sylvia Orduno suggested consideration of water issues in the future.
Mike Ellerbrock asked if the report addressed fenceline monitoring.
Vice-Chair Heaps said that the focus is more on how to report monitoring data and efforts to
communicate effectively with communities.
Diedre Sanders noted that a community monitoring program can capture a complete picture of
exposures from multiple sources.
Nicky Sheats relayed his experiences with community monitoring efforts. He said that he was
pleased to hear that community sensors are defensible in court
Melissa McGee-Collier questioned the inclusion of a paragraph that suggested funding for citizen
scientists, arguing that many might see it as cutting a check to citizen scientists and would object
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since some states do not think that citizen science is valid. If the paragraph remains in the report,
she suggested working on its wording.
Paul Shoemaker respectfully disagreed, saying that even though it may be a hard sell for some
states, that is no reason to back away from an ambiguous ask. He added that it was better to have
the content included and have individual states say "no."
Rita Harris asked if there were references in the air sensor part of the report to sensors that test
for hazardous air and not just particulate matter.
Vice-Chair Heaps asked if the inclusion of a specific monitor made it look like the work group was
promoting a particular brand. She added that they choose to share specific stories of air monitor
use instead of reviewing different air monitors. She said that, if affirmed, the final report would
include a few revisions and a reference to NACEPT's citizen science report. She added that the
report focuses on permitted facilities within EPA's purview.
Vice-Chair Heaps called for a vote on the report. She noted that there were no objections and the
report was approved.
3.3 Water Infrastructure Finance and Capacity Work Group Update
Vice-Chair Heaps recognized the work group chairs and other work group members. She added
that a few report sections needed to be fleshed out and that the sooner the report is finalized, the
more helpful it will be. She added that the work group was charged with addressing 16 questions
and many smaller questions. The work group looked for themes across all of the questions and
consolidated the questions. She said that the work group would share a quick summary of the
consolidated questions and report progress made so far.
Sylvia Orduno shared the first question addressed by the work group - what does NEJAC
understand to be the most significant challenges for communities in providing safe and clean water
supplies? Ms. Orduno cited smaller water systems in crisis as a significant challenge. She talked
about the cost and complexity of the water system problem as another significant challenge, that
the problem is too big to tackle at the local level. She cited climate change as an additional stressor.
She noted the need for more private-public partnerships.
Ms. Orduno shared the second question addressed by the work group - what can EPA do, in
collaboration with states and other stakeholders, to help gather data on water infrastructure
needs/challenges for communities? Ms. Orduno cited the need of small, vulnerable communities
with declining populations and small tax bases to receive money for infrastructure costs. She added
that big and small communities need assistance with lead pipe replacement.
Ms. Orduno shared the third question addressed by the work group - what insights and examples
can NEJAC offer to states and EPA to help identify communities of concern and inform priority-
setting processes for providing assistance, including consideration of communities that face public
health risks from regulated or unregulated contaminants suspected to be present in drinking
water? Ms. Orduno noted that families often do not have the basic information they need about lead
and water to protect themselves. She recommended improving lines of communication between
stakeholders and local, state and federal agencies. She noted that not even low levels of
contamination are acceptable for communities.
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Melissa McGee-Collier noted that the work group focused on tools for community capacity
building and ways to improve service delivery and access to drinking water and sewage. She added
that the work group discussed approaching the charge from the angle of seeking tools to assist
disadvantaged communities, small communities, economically-stressed communities and low-
income households. She added that the work group reflected on technical and managerial best
practices and tools that NEJAC could recommend for communities.
Ms. McGee-Collier shared ideas for tools that could be developed, including models for public input
and core training for municipalities and other stakeholders. She talked about the American Water
Works Association Leadership Institute, a year-long program where water operators and water
leaders are trained on how to take care of their communities' water systems.
Ms. McGee-Collier added that the work group included discussion of best-practice programs and
activities, including the Proctor Creek Stewardship Council and the Environmental Assistance
Program for small businesses, which provides free assistance to small businesses out of
environmental compliance to bring them back into compliance without fear of being penalized.
Vice-Chair Torres commented on the work group's approach to the community engagement and
education section of the report, considering what states can do to promote open planning and what
stakeholders can do about water and wastewater issues. He suggested that the work group should
flesh out the recommendations in this section in particular.
Vice-Chair Heaps asked if the work group had a specific community engagement recommendation
regarding water.
Sacoby Wilson added that he would like to see as many examples in the report as possible. He said
that he will have 10 interns over the summer and would work on creating fleshed-out vignettes.
Diedre Sanders thanked her team members and explained that they tackled the focus area on
developing partnerships. She said that no community can do it alone. There need to be sustainable
choices for communities seeking technical or economic assistance.
Ms. Sanders talked about the need to communicate water needs to all levels of leadership. She
discussed how the work group considered barriers to water system partnerships, including a lack
of trust between stakeholders and community confusion about which agencies are in charge of
different water systems. She said that the work group thought that EPA could serve as a convener
for all stakeholders and share resources and technical assistance.
Ms. Sanders talked about what EPA and states can do to increase inter-agency collaboration, adding
that the work group recommended using the inter-agency working model to engage states,
research institutions, and water systems in collaborative discussions. She noted that water
professionals can share technical resources. She said that the report was coherent and perhaps too
concise. She recommended providing EPA with more robust recommendations on how to address
water infrastructure needs for underserved communities.
Vice-Chair Torres discussed next steps for the report He noted that the four sections are separate
and asked about how to integrate them and ensure that the report is coherent and cohesive. He
talked about key report takeaways and suggested stating early in the report that things are broken
and solutions are needed. He said that it is up to NEJAC to say that there is a need for greater
investment in water infrastructure.
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Sacoby Wilson suggested using demonstrative vignettes throughout the report to help integrate
the four sections. He added that funding programs for water systems need to make sure funds are
going to communities with the greatest infrastructure needs.
Vice-Chair Heaps added that the report was presented to the EPA's Environmental Finance
Advisory Board and was well received. She asked if there were any final questions or comments.
Sylvia Orduno suggested adding testimonies from tribal communities to underscore the
importance of the serious water scarcity issues they face. She said that the issue should be given the
respect it deserves. She said that NEJAC needs to state that the right to water should be a legally
recognized human right.
3.4 NEJAC Business Meeting Reflection and Conversation
Matthew Tejada advised NEJAC members to consider each letter one at a time, followed by a
discussion and a vote.
3.4.1 Dollar Store Letter
Charles Chase reviewed the proposed letter about toxins found in dollar store products and
packaging. He said that the letter would be finalized after all changes and revisions were addressed.
He added that the biggest NEJAC recommendation in the letter was that EPA work with other
agencies tasked with the issues needing to be addressed. He added that these agencies included the
U.S. Food and Drug Administration (toxicity), the U.S. Department of Agriculture (USDA) (access to
fresh and affordable foods), the U.S. Department of Justice (civil rights-related issues), and the U.S.
Consumer Product Safety Commission. He noted that NEJAC recommended that EPA take the lead
in convening the agencies. NEJAC also recommended that EPA provide assistance to the discounters
to make these changes happen and report back to NEJAC.
Matthew Tejada asked if there were any questions or concerns about the letter. Cynthia Rezentes
expressed concern about pushing for fresh produce and healthier food in discount stores, noting
that the stores do not have capacity for fresh food. She asked about who would pick up that
financial burden. Charles Chase replied that NEJAC would not require them to take on additional
costs; NEJAC recommended that USDA work with them on inexpensive fresh food options. Cynthia
Rezentes said that NEJAC is asking USDA to get dollar stores to put in fresh-food refrigeration. She
recommended balancing the recommendations to promote a healthy lifestyle but not eliminate the
discount stores altogether. Paul Shoemaker added that if the word "need" is a sticking point,
NEJAC could change it to "encourage." He noted that NEJAC acknowledges that stocking produce in
dollar stores cannot be mandated. However, it should be encouraged. He added that, in Boston,
corner markets and bodegas have successfully been encouraged to stock fresh food. Cynthia
Rezentes agreed with changing "need" to "encourage." Rita Harris agreed with encouraging the
discount stores to work with other entities to stock fresh food, adding that they might not even try
otherwise. Vice-Chair Heaps commended the letter writers for taking previous comments and
creating a strong letter. She added that the last bullet should be amended to create a complete
sentence. She asked if there were any objections to finalizing the letter. There were no objections
and the letter was finalized.
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3.4.2 Worker Protection Standards Letter
Matthew Tejada described the worker protection standards letter as a short, sharp letter.
Hermila Trevino-Sauceda expressed concern about waiting to send the letter, having
recommended that NEJAC push to send it before the end of the last year. Vice-Chair Heaps shared
her concern that some of the materials are already out She proposed that NEJAC provisionally
approve the letter, with the work group then removing language that is no longer timely. She asked
if there were any concerns about provisionally approving the letter. Melissa McGee-Collier asked
about the letter's main requests. She recommended adding a statement about involving
farmworkers during implementation and development of materials. Vice-Chair Heaps directed Ms.
McGee-Collier's attention to the letter's recommendations. Mike Ellerbrock added that the letter
should keep three of the bullets on page one when the letter is updated, adding that the advice may
be pertinent in the future. Chair Moore and Charles Chase agreed with Mr. Ellerbrock. Vice-Chair
Heaps called a vote on the letter. There were no objections and the letter was provisionally
approved.
3.4.3 Title VI Letter
Nicky Sheats said that the letter aims to push EPA to implement Title VI. He asked that the group
be allowed to fact-check numbers and dates after the letter is finalized. He said that the group was
considering ways to integrate Executive Order 12898 as part of the letter's first paragraph.
Melissa McGee-Collier noted that the letter should start with the last paragraph. She added that
while the reference to the executive order should be made, the letter should start with the NEJAC's
primary focus. Vice-Chair Heaps agreed. Matthew Tejada added that it was important to make
sure that new EPA staff know that enforcement of Title VI is statutory and based on the Civil Rights
Act. Charles Lee added that federal agencies need to enforce Title VI. Vice-Chair Heaps added that
the letter does not include information on the purpose of Title VI. She suggested explaining clearly
that it prevents groups who receive federal funds from discriminating. Matthew Tejada agreed
with adding a simple context for Title VI. Charles Lee commented that since Administrator Pruitt is
a former attorney, he understands the context for Title VI. Rita Harris asked if there should there
be a statement about a statute of limitations. Matthew Tejada replied that a complaint is a
complaint; there is no statute of limitations.
Charles Lee urged the work group to make the issue as simple as possible. Charles Chase asked if
it would be best to start the letter with an explanation of Title VI, followed by the report Nicky
Sheats added thatthe work group would footnote the December 2016 report Cynthia Rezentes
added that the work group should be given an opportunity to correct the grammar and spelling in
the letter. Nicky Sheats added that the letter will be reworked and NEJAC will have a chance to
review it again. Matthew Tejada said that there will be a round of copy editing and formatting
before the letter is sent Vice-Chair Torres added that EPA must reaffirm its commitment to right
racial and social injustices and enforce Title VI when it has been violated. He discussed the
difference between using "must" versus "should," adding that "must" is more assertive. Sylvia
Orduno suggested included an example in the report of EPA's civil rights' work. Nicky Sheats
added that the third paragraph of the letter currently includes two footnoted examples. Vice-Chair
Heaps called a vote on the letter, contingent on finalization of elements and copy editing. There
were no objections and the letter was provisionally approved.
3.4.4 Flint Letter
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Sylvia Orduno said she is glad that NEJAC is getting a chance to discuss the Flint letter, adding that
the letter is not ready. She shared her frustration with the process of writing the letter and
lamented that the timing for the letter has not been right. She added that Flint is facing problems
that needed to be solved yesterday and she wanted more urgency on this issue, which many
communities are facing. She added that the letter in its current form is watered down and
meaningless, noting she was not comfortable putting her name on it or taking it back to people in
her community. She urged NEJAC to strengthen the language in the letter to reflect what needs to be
done to support the residents of Flint.
Ms. Orduno described how the letter originally contained 10 recommendations. The letter now
includes three recommendations. She added that removing difficult recommendations from the list
is not acceptable to a group of people seeking justice. She suggested that the work group submit
another copy for consideration during NEJAC's June 2017 meeting. She added that she was looking
for a recommitment from NEJAC to the Flint letter and issue.
Vice-Chair Heaps added that she is committed to being a part of the group and making sure that
the asks in the letter are powerful and within EPA's purview. Cynthia Rezentes added that she
understands Ms. Orduno's frustration. She added that she was worried that political and social
impacts are disappearing from discussion. She suggested submitting the letter "as is" now and then
sending an additional letter in June. She noted that the longer NEJAC waits, the longer the letter will
be pushed to the side. Erica Holloman asked if there was a way for NEJAC to write special reports,
adding that discussion of the Flint crisis can begin in a letter, but needs a report of its own. Vice-
Chair Heaps added that they could form a mini-work group to write a report Matthew Tejada
interjected that he would not model future efforts after previous efforts that have not led to results.
He added that NEJAC puts itself in a difficult place when it tries to charge itself. He added that he
thinks that the letter needs more participation and time over the next months. He added that they
could discuss the difficulties of NEJAC charging itself during a business meeting. Vice-Chair Heaps
asked if a report falls more toward being a charge. Matthew Tejada answered "yes."
Melissa McGee-Collier noted that an appendix follows the letter. Sylvia Orduno added that she
would like to tighten up the one-page summary letter with stronger language to give it more teeth.
Diedre Sanders offered an apology to Ms. Orduno and the community of Flint She said that the
Flint letter was a task that got away from her. She added that she believed that there is more that
can be done to strengthen the letter and committed to working with Ms. Orduno to turn it around
quickly and make it more robust. She expressed concern that the letter is too passive and does not
recommend that specific actions. Chair Moore added that it was unfortunate to hold the letter until
June. He asked Ms. Orduno what she would recommend. Diedre Sanders recommended that NEJAC
provisionally approve the letter so the work group can work on it and come back to NEJAC in June
with a revised letter. She added that if the new letter is not better, then the approved letter can be
sent. Chair Moore agreed that the current letter needs to be stronger. Sylvia Orduno confirmed
that the letter is not good enough to send. Matthew Tejada suggested that NEJAC could
provisionally approve the letter and empower Mr. Orduno and the work group to strengthen the
letter and then send it. Vice-Chair Heaps said that she liked the proposed approach to the urgency
of the issue, and worried about waiting until the next time NEJAC could vote. Sylvia Orduno said
that participation from EPA Region 5 is needed and that Michigan is in trouble. She urged better
connections between EPA Region 5 and communities.
Vice-Chair Heaps reminded NEJAC members of the proposal on the table, to vote to approve the
letter and empower Ms. Orduno's work group to finalize the letter. Diedre Sanders asked if, after
49 |
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the letter is revised, if there could be an option to opt out of previous approval. Matthew Tejada
added that NEJAC cannot deliberate outside of official public meetings. Vice-Chair Heaps called a
vote on the letter. Contingent on the letter's finalization by Ms. Orduno's work group, there were no
objections, and the letter was provisionally approved.
3.5 Adjournment
Chair Moore officially adjourned the NEJAC meeting.
50 |
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APPENDIX A
AGENDA
51 |
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
CROWNE PLAZA MINNEAPOLIS NORTHSTAR DOWNTOWN
NORTHSTAR Suite 710
618 2nd AVENUE SOUTH
MINNEAPOLIS, MN 55402
APRIL 25-27, 2017
PUBLIC MEETING DRAFT AGENDA
Day 1
: TUESDAY APRIL 25, 2017 - NORTHSTAR SUITE 710
4:00 pm
REGISTRATION
6:00 pm - 6:15 pm
WELCOME & OPENING REMARKS
o Matthew Tejada - U.S. EPA Designated Federal Official
o Richard Moore - National Environmental Justice Council Chair
o Javier F. Torres - National Environmental Justice Council Vice-Chair
o Jill Witkowski Heaps - National Environmental Justice Council Vice-Chair
6:15 pm-8:15 pm
PUBLIC COMMENT PERIOD
Members of the public will be given seven (7) minutes to present comments on their
issue or concern to the NEJAC.
o Matthew Tejada - U.S. EPA Designated Federal Official
o Richard Moore - National Environmental Justice Council Chair
o Javier F. Torres - National Environmental Justice Council Vice-Chair
o Jill Witkowski Heaps - National Environmental Justice Council Vice-Chair
8:15 pm-8:30 pm
BREAK
8:30 pm - 10:30 pm
PUBLIC COMMENT PERIOD
Members of the public will be given seven (7) minutes to present comments on their
issue or concern to the NEJAC.
o Matthew Tejada - U.S. EPA Designated Federal Official
o Richard Moore - National Environmental Justice Council Chair
o Javier F. Torres - National Environmental Justice Council Vice-Chair
o Jill Witkowski Heaps - National Environmental Justice Council Vice-Chair
10:30 pm
CLOSING REMARKS & ADJOURN
52 | Page
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DAY 2:
WEDNESDAY APRIL 26, 2017 - NORTHSTAR SUITE 710
7:30 am - All Day
REGISTRATION
8:45 am - 8:55 am
WELCOME, DAY ONE RECAP & OPENING REMARKS
o Matthew Tejada - U.S. EPA Designated Federal Official
o Richard Moore - National Environmental Justice Council Chair
o Javier F. Torres - National Environmental Justice Council Vice-Chair
o Jill Witkowski Heaps - National Environmental Justice Council Vice-Chair
8:55 am - 9:05 am
WELCOME & OPENING REMARKS
o Mayor Betsy Hodges - City of Minneapolis, MN
9:05 am - 9:50 am
WELCOME & DIALOGUE WITH U. S. ENVIRONMENTAL PROTECTION AGENCY LEADERSHIP
o Lawrence Starfield - Acting Assistant Administrator - U.S. EPA Office of
Enforcement and Compliance Assurance
o Robert A. Kaplan - Acting Regional Administrator - U.S. EPA Region 5
9:50 am - 10:00 am
BREAK
10:00 am - 12:30 pm
COMMUNITY VOICES PANEL
This panel will focus on environmental justice concerns of communities' in
Minneapolis, MN, and surrounding areas.
o Ticiea Fletcher - Minneapolis Parents for Lead Safe Kids
o Representative Karen Clark - Minnesota House of Representatives District 62A
o Hli Xyooj - Hmong Farmers
o Lea Foushee - Minnesota's Indigenous Peoples
o Roxxanne O'Brien - North Minneapolis Resident
o Ernesto Velez/Gloria Contreras - Centro Campesino & Pesticide Action
Network
12:30 pm - 1:30 pm
LUNCH
1:30 pm - 3:00 pm
STATE ENVIRONMENTAL JUSTICE PANEL
This panel will focus on the proactive efforts of states to advance environmental
justice.
o Ed Ehlinger - Commissioner - Minnesota Department of Health
o Alexandra Dunn - Executive Director & General Counsel - Environmental
Council of the States
o John Line Stine - Commissioner - Minnesota Pollution Control Agency
o Myra Reece - Director of Environmental Affairs - South Carolina Department
of Health and Environmental Control
o Arsenio Mataka - Assistant Secretary for Environmental Justice & Tribal Affairs -
California Environmental Protection Agency
53 |
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o Melissa McGee-Collier - Director Office of Community Engagement -
Mississippi Department of Environmental Equality
o Charles Lee - Senior Policy Advisor for Environmental Justice - U.S. EPA
3:00 pm - 3:
5 pm
BREAK
3:
5 pm - 4:
5pm
CONTINUATION OF STATE ENVIRONMENTAL JUSTICE PANEL
4:
5 pm - 5:
5 pm
YOUTH PERSPECTIVES ON CLIMATE CHANGE WORKGROUP CHARGE UPDATE
o Samantha Shattuck - Public Health Specialist - Pegasus Technical Services
o Yudith Nieto - Promotora - Texas Environmental Justice Advocacy Services
o Kathy Tran - Environmental Health - University of California Berkeley School of
Public Health
o Kayla DeVault - Civil Engineer - Navajo Division of Transportation
Environmental Control
5:
5 pm- 5:30 pm
CLOSING COMMENTS & ANNOUNCEMENTS
o Matthew Tejada - U.S. EPA Designated Federal Official
o Richard Moore - National Environmental Justice Council Chair
5:30 pm
ADJOURN
COMMUNITY SPONSORED EVENT - DETAILS UNDER SEPARATE COVER
54 |
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DAY 3: Thursday APRIL 27, 2017 - NORTHSTAR SUITE 710
8:00 am
REGISTRATION
8:45 am - 9:00 am
WELCOME & DAY TWO RECAP
o Matthew Tejada - U.S. EPA Designated Federal Official
o Richard Moore - National Environmental Justice Council Chair
o Javier F. Torres - National Environmental Justice Council Vice-Chair
o Jill Witkowski Heaps - National Environmental Justice Council Vice-Chair
9:00 am - 10:00 am
TRIBAL PANEL
This panel will focus on ways the tribal environmental program engages and seeks to
actively involve tribal members, and all other residents within their jurisdiction,
o Alan Walts - Director - Office of Enforcement and Compliance Assurance
Region 5
o Shannon Judd - Environmental Education Outreach Coordinator - Fond du
Lac Band of Lake Superior Chippewa
o Levi Brown - Environmental Director - Environmental Lands Department Leech
Lake Band of Ojibwe
10:00 am - 10:45 am
MONITORING WORKGROUP CHARGE FINAL REPORT
o Jill Witkowski Heaps - Assistant Professor of Law - Vermont Law School
o Diedra Sanders - Environmental Justice Program Manager - Pacific Gas &
Electric Company
o Melissa McGee-Collier - Director Office of Community Engagement-
Mississippi Department of Environmental Equality
o Sacoby Wilson - Director Community Engagement Environmental Justice and
Health Initiative - University of Maryland Institute of Applied Environmental
Health
10:45 am —11:00 am
BREAK
11:00 am —11:45 am
WATER INFRASTRUCTURE FINANCE AND CAPACITY WORKGROUP UPDATE
o Jill Witkowski Heaps - Assistant Professor of Law - Vermont Law School
11:45 am - 1:00 pm
NEJAC BUSINESS MEETING REFLECTION AND CONVERSATION
o Matthew Tejada - U.S. EPA Designated Federal Official
o Richard Moore - National Environmental Justice Council Chair
o Javier F. Torres - National Environmental Justice Council Vice-Chair
o Jill Witkowski Heaps - National Environmental Justice Council Vice-Chair
1:00 pm
ADJOURN
55 | Page
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APPENDIX B
LIST OF ATTENDEES
56 |
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National Environmental Justice Advisory Council
April 25-27,2017
Meeting Attendees
First Name
Last Name
Organization
Maryan
Abdinur
Land Stewardship Project
Zoe
Ackerman
Rachel Carson Council
Amira
Adawe
Risikat
Adesaogun
Minnesota Pollution Control Agency
Oforiwaa Pee
Agyei-Boakye
University of Pennsylvania
Ben
Anderson
Ovester
Armstrong
Galilee Missionary Baptist Church
Amanda
Babcock
Sierra Club
Michael
Bailey
South Carolina DHEC
Bharat
Balyan
MN GreenCorps Member
Felicia
Be It ran
ADOT
Anna
Bierbrauer
Floodplain Collective
Brad
Blackett
Shelia
Bland
Women's Environmental Institute
Ariadinny
Braz
Rita
Brett
EPA/CDC
Ned
Brooks
MN Pollution Control Agency
Levi
Brown
LLDRM
Kimberly
Carpenter
Metro Blooms
Patience
Caso
Hennepin Co. Environment & Energy
Gail
Cederberg
American Engineering Testing, Inc.
Charles
Chase
University of Colorado - Boulder
Jono
Cowgill
Jono 4 Park Board
Chanelle
Crosby
Eureka Recycling
Tim
Culver
Minnesota Center for Environmental Advocacy
Sal
Dagget
MN GreenCorps Member
Lisa
Daniels
Windustry
Corbin
Darling
EPA Region 8
Caroline
Devany
Stone's Throw Urban Farm
Kayla
DeVault
Dine Policy Institute
Tamara
Downs Schwei
Homegrown Minneapolis/City of Minneapolis
Bill
Droessler
Environmental Initiative
Elizabeth
Dunbar
Minnesota Public Radio
Alexandra
Dunn
ECOS
Ed
Ehlinger
Nicole
Ektnitphong
Tamales y Bicicletas
Mike
Ellerbrock
Virginia Polytechnic Institute and State University
57 | Page
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National Environmental Justice Advisory Council
April 25-27,2017
Meeting Attendees
First Name
Last Name
Organization
Lena
Epps-Price
U.S. EPA
Tannie
Eshenaur
Minnesota Department of Health
John
Evans
Hennepin County
Mike
Ewall
Energy Justice Network
Cynthia
Ferguson
DOJ/Environment and Natural Resources Division
Mandan, Hidatsa, and Arikara (MHA) Nation
Lisa
Finley-Deville
Tomorrow
Catherine
Fleming
Project Sweetie Pie
Ticiea
Fletcher
Minneapolis Parents for lead safe kids
Irene
Folstrom
Minnesota Environmental Partnership
Lea
Foushee
North American Water Office
Lisa
Fralish
Liza
Garcia
Self
Hannah
Garry
MN GreenCorps Member
Melake
Getabecha
Groundwork Denver
Devika
Ghai
Pesticide Action Network
Michelle
Gin
MN Department of Health
Sarah
Goodspeed
MN Environmental Justice Advisory Group
Katrina
Groshens
Eureka Recycling
Lacecelia
Guernsy
Migizi
Shalini
Gupta
Center for Earth, Energy and Democracy (CEED)
Jeffrey
Hanks
Migizi
Miranda
Hanson
MN GreenCorps Member
Mike
Harley
Environmental Initiative
Nicole
Harris
Mitchell Hamline
Reginald
Harris
US EPA Region 3
Rita
Harris
Sierra Club
Jill Witkowski
Heaps
Vermont Law School
Memphis and Shelby County Safe Lead
Hunt
Henion
Collaborative
C
Hilmoe
Self-employed
Tom
Hogan
MN Department of Health
Erica L.
Holloman
Southeast CARE Coalition
Minneapolis Health Department - Environmental
Daniel
Huff
Health
John
Hunter
MIGIZI Communications, Inc.
Darlene
Huss
Resident MPLS
58 | Page
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National Environmental Justice Advisory Council
April 25-27,2017
Meeting Attendees
First Name
Last Name
Organization
Brian
Isaacson
MN DOT
Katie
Izzo
MPCA
Cherese
Johnson
Minnesota Power
Cheryl
Johnson
People for Community Recovery
Boise
Jones
MN Environmental Justice Advisory Group
Shannon
Judd
Fon du Lac Band of Lake Superior Chippewa
Robert
Kaplan
U.S. EPA
Marva
King
EPA
Frank
Kohlasch
Minnesota Pollution Control Agency
Amoke
Kubat
Retired
Megan
Kuhl-Stennes
Eureka Recycling
Jenni
Lansing
Minneapolis Health Department
Rosalyn
LaPier
Saokio Heritage
Valerie
Larsen
MIGIZI Communications, Inc.
Patti
Leaf
Xcel Energy
Charles
Lee
U.S. EPA
Jason
Lee
APAHC, CHI, RRFC
Nicky
Leingang
Congressman Keith Ellison
Charles
Lippert
Mille Lacs Band of Ojibwe
Asha
Long
MN Environmental Justice Advisory Group
Nickii
Lyons
MIGIZI Communications, Inc.
David
Manuel
Red Lake Local Food Initiative
KarenL
Martin
U.S. EPA
Rachel
Martin
Kente Circle Training Institute
Nicholas
Martin
Xcel Energy
Cecilia
Martinez
Center for Earth, Energy and Democracy
Arsenio
Mataka
California Environmental Protection
Willis
Mattison
Citzen
Citizens for Environmental Justice and Harambee
Mildred
McClain
House, Inc.
Valerie
McClannahan
Minneapolis resident
Melissa
McGee-Collier
Mississippi Department of Environmental Quality
Cassandra
Meyer
MN Pollution Control Agency
Karen
Monahan
Sierra Club
Ann
Mongoven
MN ISAIAH
Jennifer Nguyen
Moore
City of Bloomington
59 | Page
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National Environmental Justice Advisory Council
April 25-27,2017
Meeting Attendees
First Name
Last Name
Organization
Richard Moore
Moore
LosJardines Institute
Lindsay
Moore
MSP
Althea
Moses
USEPA Region 7
Kelly
Muellman
City of Minneapolis- Sustainability
Alan
Muller
Green Delaware/Airheads
University of Minnesota/Program in Plant
Katherine
Muller
Biological Sciences
Jessica
Nelson
MN Department of Health
Amanda
Nesheiwat
Town of Secaucus
t.e.j.a.s (Texas Environmental Justice Advocacy
Yudith
Nieto
Services
James
Noles
Balch & Bingham LLP
Shirley
Nordrum
University of Minnesota Extension
Kathleen
Norlien
MDH
KATRINA
NYGAARD
Stantec
Roxanne
O'Brien
Colleen
O'Dell
Minneapolis Park & Recreation Board
Mariela
Ojeda
MN Environmental Justice Advisory Group
Sylvia Marie
Orduno
Michigan Welfare Rights Organization
Quentin
Pair
Gale
Pearson
Pearson, Randall & Schumacker
Alexis
Pennie
Hennepin County Board of Commissioners
Shanti
Penprase
MN GreenCorps Member
Cynthia
Peurifoy
US EPA Region 4
Christine
Popowski
MN350
Deldi
Reyes
US EPA Region 9
Cynthia Kim Len
Rezentes
Mohala 1 Ka Wai
Nikita
Robinson
NEJAC Youth Group
Matt
Rogoteke
LLDRM
Lori
Rolf
Wayside House
Sarah
Rudolf
MnDOT
Deidre
Sanders
Pacific Gas & Electric Company
Subbu
Sastry
Heidi
Schallberg
Metropolitan Council
Lorna
Schmidt
Local Public Health Association of Minnesota
Timothy
Sexton
Minnesota State DOT
Fatemeh
Shafiei
Spelman College
Samantha
Shattuck
Pegasus Technical Services
60 | Page
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National Environmental Justice Advisory Council
April 25-27,2017
Meeting Attendees
First Name
Last Name
Organization
Nicky
Sheats
Thomas Edison State College
Leah
Shepard
West Side Community Organization
Dustin
Shields
Minneapolis Parents for lead safe kids
Logan
Shields
Minneapolis Parents For Lead Safe kids
Tyrone
Shields
Minneapolis Parents for Lead Safe Kids
Paul
Shoemaker
Boston Public Health Commission
Metropolitan Interfaith Council on Affordable
Lashella
Sims
Housing
Halston
Sleets
City of Minneapolis
Karen
Solas
community member
Mahyar
Sorour
TakeAction Minnesota
Jamez
Staples
REP.
Larry
Starfield
U.S. EPA
Steve
Sternberg
University of Minnesota Duluth
John Line
Stine
MN Pollution Control Agency
Horace
Strand
Chester Environmental Partnership
Mark
Strohfus
Roy
Taylor
Indigeneity Now
Matthew
Tejada
U.S. EPA
Michelle
Thelen
Guardians of Future Generations
Brenda
Thomas
MnDOT
Shania
Thompson
MIGIZI Communications, Inc.
David
Thornton
MPCA
Angie
Timmons
Hennepin County Environment and Energy
Anthony
Torres
SustainUS
Javier F.
Torres
Border Environment Cooperation Commission
Josie
Torres
SKEO
Arthur A
Totten
US EPA (HQ)
Mily
Trevino-Sauceda
Alianza Nacional de Campesinas
Joan
Vanhala
MN Environmental Justice Advisory Group
Gloria Vaughn
Vaughn
Environmental Protection Agency
Amber
Vignieri
Elevate Energy
Eriqah
Vincent
National Wildlife Federation
Alice
Walker
US EPA
Maria
Wallace
EPA
Alan
Walts
U.S. EPA
Vince
Waters
VINCE WATERS RENEWABLES, LLC
Janiece
Watts
NOC
61 | Page
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National Environmental Justice Advisory Council
April 25-27,2017
Meeting Attendees
First Name
Last Name
Organization
Claudia
Wayne
FirstNet
Shanika
Whitehurst
EPA
Hui
Wilcox
St. Catherine University
Holly
Wilson
EPA OAR
Maryland Institute of Applied Environmental
Sacoby
Wilson
Health
Kelly C.
Wright
Shoshone-Bannock Tribes
Say
Yang
CEED
Laura
Yost
Migizi
Matthew
Young
BeechWood Inc.
Kiana
Yusefzadeh
Sierra Club
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National Environmental Justice Advisory Council
April 26 -27, 2017
List of Teleconference Meeting Attendees
First Name
Last Name
Organization
Jake
Adler
EPA
Huda
Alkaff
Wisconsin Green Muslims
Craig
Arquette
Saint Regis Mohawk Tribe
Claudia
Barragan
DC Sierra Club EJ committee
Felicia
Beltran
ADOT
Ron
Bergman
EPA
Juliet
Bochicchio
DOE/General Counsel
Ariadinny
Braz
Pam
Buster
EPA
Stan
Buzzelle
US EPA-OEJ
Kimberly
Carpenter
Metro Blooms
Maya
Carrasquillo
University of South Florida
Patience
Caso
Hennepin County Environment and Energy
Elizabeth
Corr
EPA
Marie
Donahue
University of Minnesota-Twin Cities Institute on the Environment
Natalie
Elliington
EPA R4
Gabby
Fekete
US EPAOIG
Ni colette
Fertakis
EPA
Denise
Freeman
U.S. Dept. of Energy
Venu
Ghanta
Duke Energy
Michael
Grossman
Stand Up for Kids
Richard
Grow
US EPA Region 9
Dona
Harris
USEPA
Jill
Harrison
University of Colorado-Boulder
Pamela
Houston
U.S. EPA
Sabrina
Johnson
U.S. EPA
Ntale
Kajumba
US EPA, Region 4
Jolene
Keplin
Turtle Mountain band of Chippewsa Tribal Health
Chet
Kibble Sr
Inform The People
Toshia
King
US EPA/OLEM/ORCR
Elizabeth
Kramer
U.S. EPA, Region 7 ECO
Leila
Lackey
EPA/ORD/OSP
Sheila
Lewis
EPA
Zelma
Maine-Jackson
WA. St. ECY
Simeon
Matthews
Shakopee Mdewakanton Sioux Community
Mary
McGillicuddy
ASPPH
Timothy
McProuty
U.S. EPA
Rachel
Merriman-Goldring
William & Mary (Student)
Cassandra
Meyer
Minnesota Pollution Control Agency
63 | Page
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Stacey
Mihallik
Caterpillar Inc.
Marsha
Minter
US EPA
National Environmental Justice Advisory Council
April 25 -27, 2017
List of Teleconference Meeting Attendees
First Name
Last Name
Organization
Onyemaechi
Nweke
US Environmental Protection Agency
Na'Taki
Osborne Jelks
West Atlanta Watershed Alliance
Ben
Passer
Fresh Energy
Sharyle
Patton
commonweal
Millie
Piazza
Dept. of Ecology
Deldi
Reyes
EPA Region 9
David
Reynolds
Inside EPA newsletter
Sarah
Rice
NCDEQ
Marvin S.
Robinson, II
QUINDARO RUINS / Underground Railroad- Exercise 2017
Kathleen
Rogers
Self
Suzi
Ruhl
US EPAOEJ
Jame
Schaefer
Marquette University
Gina
Shirey
State of Alaska/Department of Environmental Conservation
J.
Smith
NAACP Houston Branch
SHERYL
STOHS
US EPA
Matthew
Taylor
TDEC
Katherine
Teiken
Minnesota Housing
Jamel
Thompson
Urban Detox Universal
Joe
Tiago
EPA
Arthur A
Totten
US EPA (HQ)
Alice
Walker
US EPA
Benjamin
Weiss
US EPA
Sharon
Wells
EPA
Monica
Wright
CH2M
Dana
Wynn
Student Organization for Sustainability (SOS)
64 | Page
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APPENDIX C
WRITTEN COMMENTS
65 |
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Lisa DeVille
Fort Berthold POWER
April 25,2017
National Environmental Justice Advisory Council (NEJAC)
Office of Environmental Justice
United States Environmental Protection Agency
Public Comment, NEJAC Meeting In Minnesota
Docket ID: EPA-HQ-OA-2017-0190
Agency: Environmental Protection Agency (EPA)
Executive Order 13777
Dear NEJAC:
Executive Order 13777 directs agencies to establish a Regulatory Reform Task Force to oversee
the evaluation of existing regulations to make recommendations about potential repeal,
replacement, or modification.
Fort Berthold Protectors of Water & Earth Rights (POWER) is a grassroots community
organization that works to conserve and protect the land, water, and air on which all life
depends. We are comprised of members from all walks of life across North Dakota. Most of our
members are directly impacted by the over-extraction of our natural resources on Fort Berthold
Indian Reservation.
We strongly oppose reducing environmental safeguards that were put in place to protect people
who are overburdened by the continuous onslaught of energy extraction. The rules are needed
to reduce ground level ozone (smog), water pollution, mining-related pollution, illegal dumping
of energy extraction byproducts, and other impacts over the previous decades have led to
measurable improvements in public health and environmental quality.
There is no justification for deregulation. Companies that invade our lands both off and on
reservations, are not here to create jobs for the local people; their job is to make money at the
lowest cost of operation possible. The lives and health of all life and our environment are not a
bargaining point in the law-making or repeal process.
The environmental destruction will fall on our children and grandchildren for generations to
come. Do not repeal regulations that protect land, air, and water.
Sincerely,
jCXel/t-tlsL
Lisa DeVille (Enrolled member of the Mandan, Hidatsa, and Arikara Nation)
President, Fort Berthold POWER
Fort Berthold POWER
PO box 1502
New Town, ND 58757
66 | Page
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Keith Ellison
Congress of the United States
House of Representatives
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m^'ivsI'.mi' - nt:,i inc.iiMiii't'ul |hi|:v.\ cliaii'.'cs. \ low nauitlis I lusted a parol with (he I; S.
I 'onmii'sMon en t'ml Rk'hts aha:'. the 1 I'A's reouh! no envirumik-iilal juslxc I ho
{ Vi',imiss]>in"s siaiiilHt) cttlnK'ctr'.cui tojvit lisuklu'luoii tii:.k\cplaWe tfot)»k hi the M' V'- uc!k
nil tins liunl I hoj n^'.cd tli Htho ,r:onc \ his rou'i It 1 iho
I'kil Kij'iiK \U ,»nJ li.udiMtitv^d iscarJv own ivtuphiii.t --t'.bmiik'J uiitSer I i!?c IV
VlJilinnallv, lite tojw, l*-it'Wi;:1iK 'lio I I* ooiisisU'ni issue ^ uict'lin'r* icaul.tit>r. do.:Jitik's uikl
rospuinliii,* tit 1 itlo VI tiimplaiciis ni a iimoK manner, a.s woil a\ ilk* vlsspaiak* mipai'ts nl sumo
I I'A titVs s'iv!) ,js nvi! a.N*i v|is|\f-.il, i Ik*so lionds aio muk.'scofcJ In Ih.c I l'.\ t««'it:ihjin;; In ask
aJ-\>kak'K oiMiummitv if.omlvis. aHvl ills' ooik'ta! public in |Tn%itl»" injuit <«i cmnaiaiicnu!
tK-'.ico Wo lia\o siihunKctl lcslnr.Mii\ aiul wo lu\o sclltou ti'.o soionoo ilk' I I' \ inns! >,)t> jK
sob as loijtiiioJ In the (.'nil Riph'.s ,\\i a:iJ I \i\uli\o «tk'or I ?,S>iS
Minik'siaU still a !at t«) \\>nk ifo in a>Miossii:a cm itnranotita) iilstico i-.'.tios aoli's> sl;o sl.ito.
I w.Hikl bl.o ln^\iijtr,o lunr tnainr a.ro.is ilial I liavo Ivou utvkino nn iti tooonl tinmliis:
KEITM ELUSOS
\ ' ¦ ?¦'- ' : t.. v ' ¦! < -¦ - -
FU» K ^ Of res fono^'5
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I. ( hiliHiotitl in vie i\|w\uri\ M\ zip code in North Minneapolis (villi has the hiehesf
rate o! asthma hospitalizations in tlie ctilirc state. Mait\ kids m nn /:p code aKo show
met eased hlmnl (cud tcsek eat J lace disproportionate exposure to particulate matter I'mm
ear exhaust and local industn I liese Iicatlh inip.ii.i-. teed disparities ;n cdtic.tiiort
outcomes. healthcare cost and access. and economic success I appreciate (he Minnesota
Pollution Control Aeeitc) ami (lie Minneapolis Health I >eparttncnfs leadership mi this
trout, hit; »>• still h.ne ,t lone w,i\ In tonne I lie 1 PA should ineorjvtaic Mich Stealth data
in al; otits eiiloieement and pvrsniUtn^' work, and should require ,>,11 ol iis partners \uth
delegated authority !i« ilii the same.
? ('(iriMillution nf irilu-s for nwjttr projects. I uo projects uill have major toutprint Mil
nihil teiritorv and ticatv lands. 1 lie proposed I'oK Met coppeMiickel mine and the
I'nhrid^c t irte 5 replacement pipeline, hot It in ninth-central Minnesota. arc substantial
developments and warrant M;i,.cte consultation with ttilvs . \\ hi!c theic projects arc Mill
underlain;.! pcmtiitin].* re\ien. the I'I'A and other tederal agencies like the I .S, 1 otcM
Setvtee should eitsute iii.il tubal concerns are heard and addressed he tore the projects
mow forward. Ion o'ten, we see the responsibilities outlined in oar tederal tieaties Hit!)
Mnctetcii nihil nations a-- nice to i!o but nut ncce-.\ar\.
5, Zfm nas>ti\ Ki^Jit uutMiic i'iMiu>'tttt Minneapolis is U»c Hennepin I rierev Rwwerj
('cntet. a e.nba.v incinerator lit,it luinn totrchU 11M H ( torn. ot Hash pv; day Ms"-t ot this
material is ree\elahle or eitmpo--tah!e I >ependine <>..»| Jnj this ha/oido'a-t u»•,>*.e
1 he H"A should diseontniiie the practice ot proniotim; ir'.cincralion. wltuii produces 11is>rc
ce.rbor. dioxide per unit >»i'ciieri!% fl^an coal Instead, the I I'A should lov us on iee>eln\:
and eo;ijpo.stuiL'. which are the least caiKuomtcnsise otid tevluef l.iiidliSluip anion,: othei
un-tNairuHc pr;ktiec'..
4. < linutt' ili.ifim- i lie I'J'A's proj\vs,i|s (o eisrb toel -.t.milatsls ,«i.| rol: huk (he i le.n:
I'nwer I'l.m ore uihuceptah'e No sai-ek* issue pd%es as etee.t a threat to e\ei\ eotiter ot
Initn.-.nitv js clnne.te cSi.uipe I 'uder n-« eirei.inst.sr.ee should the I I' \ tr> to raidcK at
reprrlations flint help ere «:e a stable cHrnatc.
t J« Ivh.all ot nn constituents in Minnesota's | it'tli ('onpressimial !);strss.t, 1 thank vou »ot som
tune and aiteitiiini to these environmental iiisticc issi.x"- I lorsv.ird to -.eeitV! \uiir pro/ress tir
eo:inu;e ntoiiths
Kit III I 1 I.ISiJN
\fetnlvr tit I "undress
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Devika Ghai
Pesticide Action Network
California Rural Legal Assistance Foundation
Farmworker Association of Florida
Farmworker Justice
Esteemed members of the National Environmental Justice Advisory Council,
My name is Devika and I am here representing Pesticide Action Network North America, CA Rural
Legal Assistance Foundation, Farmworker Association of Florida, and Farmworker Justice. Part of
our work to advance justice across the food system necessarily centers farmworker rights, and
that's why I am here before you today.
Farmworkers feed the world. In the US, they are largely low-income Latinx, Haitian, African
American and Asian workers. The data tells us that agriculture is one of the three most dangerous
occupations in the United States, and farmworkers have the highest rate of chemically related
illnesses of any occupational group. They perform some of the hardest work in our country and yet
are among the least protected people on the job.
This is why, for over a decade, we worked with organizations representing serving, and advocating
for farmworkers, to push the EPA to update & improve the Worker Protection Standard for
Agricultural Pesticides - the only federal rule designed to protect farmworkers from pesticides on
the job. After years of work by EPA staff, technical experts, medical professionals, advocates and
service providers, and - most importantly - farmworkers and their families, the EPA finally
promulgated a new rule in Sep 2015. The new rule provided
critical improvements, including:
• establishing a minimum age for pesticide handlers;
• increasing the frequency of worker safety trainings;
• improving the content and quality of worker safety trainings;
• providing new rules on decontamination and personal protective equipment;
• and improving the quality of information that workers receive about pesticides that have
been applied at their workplace.
These improvements are literally life-saving. In September 2015, we thanked the EPA, we
celebrated with our partners, and we heard amazing stories from farmworkers about what this
would mean to them and their communities. But now, a year and a half later, I'm sorry to say that
there are more efforts than ever before by moneyed agricultural interests to roll back this progress,
delay implementation, and put profit over people. That's why we're asking you to ensure that EPA
budget cuts don't affect the implementation of the Worker Protection Standard and that the
agency doesn't cave to industry pressure to weaken or delay the new rules. We know key
agricultural states (including CA, FL, and NC) are already implementing the new standards without
any problems, so there is no good reason to delay implementation.
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Another recently revised rule that is important to farmworkers is the Certified Pesticide Applicator
rule, which governs the certification, training and supervision of individuals who apply restricted
use pesticides ("RUPs"). The revisions are especially important for noncertified applicators, who
are often non-English speakers and applying pesticides "under the supervision" of certified
applicators. Proposed changes include increased safety training and supervision, and a minimum
age of 18 for both certified pesticide applicators and non- certified applicators. Originally scheduled
to go into effect in early March, the rule's effective date has been delayed until at least May 22. We
ask you to urge EPA to move forward the Certified Pesticide Applicator rule, which hasn't
been updated in over 40 years.
And finally, I'd like to highlight one other issue of critical concern to farmworkers and their families
- the pesticide chlorpyrifos. Chlorpyrifos is a neurotoxic insecticide that is considered so dangerous
to human health that it was banned for residential use in 2001. It took 14 years and a high-profile
lawsuit for EPA to extend the same protections to agricultural and rural communities but finally in
2015, the agency announced it would be banning the chemical from agricultural use as well.
Referring to this announcement, Virginia Ruiz of Farmworker Justice said "It's a step forward on the
path to environmental justice. Farmworkers and their families, who are predominantly poor and
majority people of color, bear the brunt of poisonings..."
Then, a few weeks ago, the agency abruptly changed course. Ignoring the recommendations of its
own scientists and contradicting its own earlier announcement, Scott Pruitt said EPA would not be
banning chlorpyrifos after all, meaning that an estimated 8 million pounds of this neurotoxic
pesticide will continue to be applied annually, endangering thousands of farmworkers and their
families. Just last year, 10 Syngenta employed farmworkers had to be rushed to hospital due to
chlorpyrifos exposure in the fields. A Syngenta spokesman happily declared that the company
would continue to use chlorpyrifos despite the crisis. "As far as we're concerned, it's still registered
as safe", he said. This is why we rely on you, members of the NEJAC, to take up this important issue
and move us towards a full and total ban of chlorpyrifos as you guide the agency towards
environmental justice for all. With that, I'll conclude my comments. Thank you for your time and for
the work you do everyday, now more important than ever.
3438 SWELLING AVE, UPPER LEVEL • MINNEAPOLIS, MN 55406 • 612,254.9222 •
WWW.PANNA.ORG
PRINTED ON RECYCLED PAPER
OAKLAND • SACRAMENTO • MINNEAPOLIS
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Amy Hummel
Safe Rails Twin Cities
Comments Submitted to
THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE
Meeting at Minneapolis, Minnesota - Public Comments Session - April 25, 2017
by
Amy Hummel, Robbinsdale, MN 55422;
Gayle Bonneville, Minneapolis, MN;
Karen Rom Kormann, Saint Paul, MN 55104; and
Cathy Velasquez Eberhart, Saint Paul, MN 55103 - saferailstwincities(a)gmail.com
facebook.com/saferailstwincities
Crude Oil by Rail and Other HazMat HHFT/TIH Rail Routes = Environmental
Injustice
The American Crude Oil by Rail (CBR) system is a paradigm of environmental injustice:
• CBR is essentially a system of unregulated pipelines on rails.
• CBR route selection is NOT subject to any Environmental Impact Statement process.
• CBR routes are subject to NO federal, state, or local governmental review or approval processes.
• CBR routes, including bridges and overpasses, are subject to very inadequate levels of inspection
by government; and government does not even have access to unexpurgated copies of the
railroads' own private inspection reports.
• CBR routes, originally established to carry such cargo as grain and coal which posed far lower
safety risks to local communities and the environment, now—without any approval process or
even notice to the community-traverse communities which developed along these much safer,
older routes. Many communities so affected have vastly increased, very dense populations, and
CBR routes now pass through potential mass-casualty sites like urban high-density residential
areas that include large numbers of minority populations. MNDOT estimates that approximately
326,000 Minnesotans live within the /4-mile evacuation zone ("blast zone") along CBR routes -
and many more Minnesotans work, go to school, or travel within that zone. CBR routes routinely
pass through areas that include to schools, colleges, churches, hospitals, sports stadiums,
shopping districts and malls, and industrial zones.
• CBR route hazards are significant and predictable. The Federal Railroad Administration (FRA)
estimates that there will be 10 to 20 crude oil or ethanol derailments per year. A 2014 MNDOT
study "identified more than 700 miles of train routes that carry the Bakken crude oil across
Minnesota to refinery destinations on the East and Gulf coasts. These routes have 683 atgrade
crossings of roads and railroads. Each grade crossing has the potential risk of a train and vehicle
collision, or a train derailment. If a train filled with Bakken oil has an incident such as a
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derailment, there is a high probability that the oil, a highly volatile, hazardous material, would
be released in significant volumes." (MNDOT, Report on the Improvements to Highway-Rail
Grade Crossings and Rail Safety, p. 6.
http://www.dot.state.mn.us/govrel/reports/2014/CBRCrossingStudy-
December2014/ReportonHwv-RailXingsandRailSafety-2014.pdf
• CBR railroads are subject to NO federal, state (except California!), or local liability insurance
requirements. Some railroads are "self-insured," which means that in the event of a huge
tragedy like Lac-Megantic, or a somewhat lesser tragedy involving a small railroad company, the
railroad could declare bankruptcy and leave taxpayers holding the bag. It could take years of
court battles just to get partial reimbursement for immediate government cleanup efforts, with
little or no funding available or accessible for environmental remediation or compensation to
individuals or businesses sustaining damage. In addition, along some shared transit rights-of-
way, railroads have been granted near-immunity from liability. One example is the NorthStar
Rail Line.
What all this means is that private railroad companies operating in their privately owned rights of way
reap all the profits, while citizens along those rights of way have very little voice or oversight in their
operations and unjustly bear the huge life-or-death risks.
CBR is also the paradigm for other kinds of extremely hazardous freight rail:
• Unit trains of ethanol and other HHFTs (High Hazard Flammable Trains), as well as trains
transporting large volumes of chlorine, anhydrous ammonia, and other TIHs (Toxic Inhalation
Hazards) are being transported by rail on a daily basis through many densely populated—and
unsuspecting-regions.
• Due to lack of transparency on the part of the railroads and some in the chemical industry,
essential civil-preparedness planning for evacuation or shelter-in-place remains critically
inadequate or even totally absent in many if not most at-risk areas. (The Chlorine Institute, for
example, has recently altered emergency forecasting information in a way that actually
decreases the accuracy of information sources, and which will result in less protection of
emergency responders and citizens. (See:
http://www.fireengineering.com/articles/print/volume-169/issue-ll/features/the-iack-rabbit-
tests-catastrophic-releases-of-compressed-liquefied-gases.html)
• Regarding railroad avoidance of liability, another close-to-home example is the Omnibus
Transportation Bill currently before the Minnesota Legislature. This bill would limit the TC&W
Railroad's liability for an incident along its shared corridor with the SWLRT to just $3M per
incident if hazardous materials are involved (and just $1.5M if there is no HazMat involvement).
Each TC&W operates an average of 2 unit trains of ethanol, some a mile long, along this
corridor—where, according to U.S. Census data, about 60,000 residents. (See:
http://www.startribune.com/minn-legislators-debate-who-pavs-if-freight-lrt-
collide/418031863/ )
• Railroads carrying crude oil and other HHFTs and TIH chemicals operate behind a veil of secrecy,
regarding everything from unit train schedules to mandated worst-case-scenario incident
response planning. This prevents communities from effectively doing their own disaster
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planning. The purported need for secrecy is prevention of terrorist action, yet the gaping holes
in security on a daily basis reveal the CBR operators' true intentions: avoidance of
accountability.
• Railroads carrying crude oil and other HHFTs and TIH chemicals constitute a major threat to U.S.
water resources. Water intakes for many towns and major cities remain under-protected, while
the CBR and other HazMat rail operators obfuscate or misrepresent the risk picture. See the
following Fact Sheet.
Citizens Acting for Rail Safety - Twin Cities
hppt://saferails.org or https://www.facebook.com/saferailstwincities July 9, 2016
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== \v
IMABLE TRAINS THREATEN U.S. WATER RESOURCES
High Hazard Flammable Train (HHFT) cargo like ethanol and crude oil from North Dakota's Bakken shale
formation and the Alberta tar sands threatens our water - and our communities - more and more, as more
and more crude oil and ethanol is railroaded across the country along 150-year- old rail routes that were
never intended to serve as pipelines- on-rails.
Rail routes often follow along rivers and streams, through critical wetlands and across river bridges. On their way to
refineries and ports on the East and West coasts and the Gulf of Mexico, oil trains now go through over 400 counties
and dozens of major cities like Philadelphia, Seattle, Chicago, Minneapolis/St. Paul and Newark. According to
McClatchy News, "Until just a few years ago, [U.S.] railroads weren't carrying crude in 80- to 100-car trains. ... In
2010, railroads reported spilling about 5,000 gallons of crude oil...They spilled fewer than 4,000 gallons each year
in 2011 and 2012." In 2013, over 1.15 million gallons of crude oil was spilled in the U.S -more than the previous
40 years combined-sind that does not include the 2 million gallons of Bakken crude spilled and exploded in the
derailment in Lac-Megantic, Quebec, on July 6, 2013, killing 47 people.
North Dakota, now the second oil-producing state in the U.S., ships over 2/3 of its crude oil is by rail. Each day an
average of 8 to 9 mile-long oil trains from the Bakken passes through the Twin Cities, and the oil industry
wants to double that in the next 15 years. Trains carrying Alberta tar sands crude also pass through Minnesota.
A 2014 MnDOT study identified "more than 700 miles of train routes that carry Bakken crude oil across
Minnesota ... These routes have 683 at-grade crossings ... Each grade crossing has the potential risk of a train and
vehicle collision, or a train derailment. If a train filled with Bakken oil has an incident such as a derailment, there is
a high probability that the oil, a highly volatile, hazardous material, would be released in significant volumes." Over
350,000 Minnesotans live in the '/2-mile derailment evacuation zone along rail routes that carry Bakken crude oil,
and many thousands more live in the 1-mile evacuation zone in the case of fire (known as the "blast zone.")
Both ethanol and crude oil are highly flammable and contain known human carcinogens. Bakken crude also
contains fracking fluid, which turns mammals sterile and kills all aquatic life that ingests it. A train that completely
derailed in the Twin Cities could dump 3 million gallons of oil into the Mississippi or Minnesota Rivers or
other streams, lakes and wetlands. The 11-million- gallon Exxon- Valdez oil spill poisoned the Prince William
Sound for 25 years.
Rail shipments of ethanol have increased rapidly since 2005 due to its federally mandated use as a gasoline
additive. Ethanol spills that enter water resources mix with the water and cannot be contained or retracted, and in
high concentrations can deplete oxygen and kill fish and plants. A derailment in Cherry Valley, IL in June 2009
caused an explosion and fire, and spilled 75,000 gallons of ethanol and gasoline into a creek, causing a large fish kill
downstream. In Lac-Megantic, several blocks- about half the downtown area of this town of 6,000 people- was
destroyed by the derailment's huge explosion and fire. Nearly all the remaining down buildings were demolished
due to contamination, and 60,000 cubic meters of soil had to be decontaminated before rebuilding could begin. Now
the serious long-term environmental damage to the Chaudiere River (a tributary of the St. Lawrence) from crude
oil that spilled into the river and fallout from the firestorm is becoming evident. A week after the derailment, a
Quebec environmental group called Le Societe pour Vaincre la Pollution (SVP) tested the water and found a rate of
carcinogenic polycyclic aromatic hydrocarbons (PAHs) of nearly 400,000 times the acceptable amount. Arsenic,
another carcinogen and toxin, was found in amounts 28 times the acceptable limit.
Canadian government scientists recently released results of their own 2014 study. It found that an unprecedented
47% of fish have external deformities, fin damage and lesions. A 5% rate is considered evidence of toxic
habitant contamination. Almost all species were affected. There were 66% fewer fish. Total weight of the fish
stock (fish bio mass) is down by 52%. The study concluded that the July 6, 2013 oil train derailment is the only
possible cause. An estimated 100,000 liters of oil still lies in contaminated sediment at the bottom of the
Chaudiere River... where it is stirred up again each year with the spring thaw and floods, necessitating repeat
riverbank clean-ups and shut-downs of downstream water systems. If there is any good news, it is that in February
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2016 the company proposing the largest oil-by- rail expansion in Canada withdrew its application, after Greenpeace,
Ecojustice and Safe Rail Communities intervened as part of the environmental assessment process.
On the U.S. side, though, in 2015 the Department of Transportation predicted that trains haulins crude oil or
ethanol will derail an averase of 10 times per year over the next 2 decades; and that just one severe incident
occurring in a
highly populated area could kill more than 200 people and cause $6 billion in damage. And derailments are still
causing oil spills and fires, despite pre-treatment of the oil and the use of the new CPC-1232 tanker cars. As
Railway Age noted (March 9, 2015), "The lading is exploding, not the cars." Pipelines are not the answer, either:
The Enbridge Pipeline break and spill discovered in July 2010 near Marshall, MI, released 800,000 gallons of
Alberta tar sands crude, damaging Talmadge Creek, 35 miles of the Kalamazoo River and Morrow Lake. During the
cleanup's dredging phase, 200 trucks a day carried contaminated sediment to a landfill. Pipeline spills can be larger
than rail spills and can go undetected while wreaking huge infrastructure damage.
== W ATER IN THE B L AST ZON E ==
Examples of Horremlo and Near Misses Since Lac-Meganlic
November 8.2013 - Aliceville. Alabama - (rural/wetlands/Tombigbee River)
Train carrying 2.9 million gallons of Bakken crude oil derailed and exploded. 749,000 gallons of oil spilled from 26
tanker cars into fragile wetlands. Traces of oil were detected downstream in a tributary that flows into a creek and
the Tombigbee River.
January 20.2014 - Philadelphia. Pennsylvania - (urban/Schuylkill River) (near miss)
100-car CSX train from Chicago derailed on bridge over Schuylkill River. 7 cars dangled above river and a freeway.
No spill detected.
April 30.2014 - Lynchburg. Virginia -
(urban/James River) (CPC-1232 tankers)
15 cars of a CSX Bakken crude oil train derailed in Lynchburg, near a trackside eatery and pedestrian waterfront. A
fire erupted. 3 cars plunged into the James River, and 30,000 gallons of oil spilled into the Lynchburg River.
February 4.2015 - Dubuque. Iowa - (rural/Mississippi River) (ethanol)
CP Rail train derailed 10 mi. north of Dubuque. 11 ethanol tankers left track and 3 caught fire. 55,000 gallons of
ethanol spilled into the Mississippi River.
February 16.2015 - Mount Carbon. WV - (Appalachian Mountains/Kanawha River) (CPC-1232 tankers)
Derailment of CSX train carrying Bakken crude oil to Yorktown, Virginia shipping depot. 26 cars left the tracks,
causing a fire, and 18 cars leaked oil; one car fell almost into the Kanawha River. A sheen of oil that reached the
river burned, as did the river bank. Oil was found trapped on the ice covering Armstrong Creek, the tributary to the
Kanawha River at the derailment site. 2 downstream water treatment plants were closed.
March 7.2015 - Go go ma. Northern Ontario - (rural boreal forest/Mattagami River) (CPC-1232 tankers)
Alberta tar sands crude oil train derailed; 10 cars jumped the tracks. Some cars caught fire. 5 cars fell and spilled
into the Mattagami River, whose waters finally flow into Lake Huron.
March 4.2015 - Galena. Illinois - (rural/near Mississippi River) (CPC-1232 tankers) (near miss)
BNSF Bakken crude oil train derailed 3 mi. south of Galena, near the confluence of the Galena and Mississippi
Rivers. 2 tankers split open and burst into flame. The 21 derailed cars contained 630,000 gallons of Bakken crude.
The BNSF main-line runs south from Galena, parallel to the Mississippi River.
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May 6.2015 - Heimdal. North Dakota - (Great Plains/wetlands/James River tributary)
107-car BNSF Bakken oil train derailed 1.5 mi. outside town. Although oil had been pretreated to reduce volatility,
10 cars burst into flames. 34,000 gallons burned, and another 60,000 gallons spilled, some of which was removed
from sloughs (wetlands) near track.
November 7.2015 - Alma. Wisconsin - (town/Mississippi River) (ethanol)
BNSF derailment in the Mississippi River town of North Alma (90 mi. southeast of Minneapolis). 32 tankers left the
track as the train traveled southbound along the river. More than 20,000 gallons of ethanol spilled from 5 tankers
onto the banks of the Mississippi and into the water. This was the 9th North American derailment in 2015 involving
011 or ethanol.
== MOST RECENT CRUDE BY I H
' ' " MB '
June 3.2016 - Mosier. Oregon - (Rocky Mountains town/Columbia River) (CPC-1232 tankers)
Since 2015 Union Pacific has sent one-mile-long train of Bakken oil each week on a route along the Columbia
through the town Mosier (70 mi. east of Portland) to a refinery in Tacoma, WA, from where it will be exported.
• On June 3, 2016, a 16-car derailment of a 96-car Union Pacific oil train spilled 42,000 gallons of Bakken crude
into Mosier and the Columbia River and sparked a massive fire. Cleanup crews initially removed 10,000 gallons of
crude oil from the town's sewage system, just 20' from the site of the derailment; later, more oil was found to have
escaped into the river from the sewage system due to a pipe damaged in the derailment.
• The town's water aquifers were completely exhausted as fire crews attempted to cool the burning oil cars before
foam could be used. A dry summer is predicted; rain is not expected to start substantially replenishing the aquifers
before fall or winter. The derailment and fire necessitated mandatory evacuation of the town and shutdown of its
sewage and water treatment systems. Returning residents were instructed to boil water for drinking and cooking, and
not to use bathrooms or let water or anything else go into drains. Water is being trucked into town, and a continuing
sewer emergency severely restricts use of sewers.
• As soon as it had repaired the faulty track - and even before removing the derailed oil tankers that lay just a few
feet from the track ~ Union Pacific resumed sending oil trains through Mosier, despite local protests.
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Darlene T. Huss
Logan Park Neighborhood
NE Minneapolis, MN
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL (NEJAC)
Public Comment Submission
Name: Darlene T. Huss
Name of Organization or Community: NE Minneapolis, Logan Park Neighborhood—for myself only
City and State: Minneapolis, Minnesota
Brief description of concern: Thank you for the opportunity. I am writing about the air pollution
problem of wood burning in my city and metro area. Maybe 12+ years ago, the city of Minneapolis put a
"recreational" fire ordinance in place without public comment. When shocked residents asked about
this, the city said it was happening here and they wanted to be proactive and place restrictions on when
and where. The problem was that they were not prepared to enforce their ordinance (to the point of
admitting on the front page of our paper that fines are not given out—even though they are listed in the
ordinance and many enforcing employees were not on board, and even gave warnings but did not put
illegal fires out. For years, many of us have fought this terrible scourge. Before the ordinance, no one
had a firepit in their backyard on my street. Now most do. The city ordinance states burning must end
at 10pm (now many start at this time), cannot be closer to a structure than 25 feet (as fire personnel
and city council members say that excludes most city lots).
To get an idea of the problem: This was posted on eDemocracy by someone I did not know at
the time, Posted at4:46am, Mar 25, 2012 from the Longfellow neighborhood: "I biked through
many banks of wood smoke and decided to count the fires thatl could see on my way back from
Lake down to 42nd S treet, on 41st Avenue. All but one of the twelve blocks had at least one fire.
Four blocks had two backyard fires, three had four fires. Our own block had two, one right next
door and the next one south of that. At least. I didn't go farther south than our house.
That's 25 fires for 12 blocks plus the two I could see on my block, That's only on one avenue. If
that's any indication, in Longfellow tonight, there were probably a couple hundred fires. Multiply
that city wide, and you've got a LOT of fires and a LOT of wood smoke."
After years of pushing with letters to the Mayor, City coordinator, city council, past and present fire and
police chiefs, MPCA, MDH and calling 911 on my neighbors for multiple illegal fires, this is how we must
deal with it to get a warning letter, and then fine to them: Call 911 to create a record, follow up with
311, to get a notice sent to regulatory services so they can send a warning letter for first time, and fine
for second time (for homeowner and if renter to both homeowner and renter). Good idea to let your
neighborhood crime prevention specialist know as well as the Asst Fire Chief. So now, I must find the
fire (otherwise the city firetrucks have come to my house at midnight on weekday, put lights on my
77 |
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house and pumped air brakes acting like they are trying to find the fire when I called without a location).
So, I smell smoke in my house, or sometimes I drive up to my garage and put the car away, walk across
my lawn and smell like I've been at a campground all day, just walking across my lawn. So, I walk, bike
or drive around neighborhood looking for the source(s) and call 911 (which feels very unsafe—I am
afraid when looking for the fire). Then I go back to check to make sure the fire dept had them put out
the fire.
Just in December, I called on an illegal one and they just put snow on it, causing lots of smoke and
incomplete combustion putting out more pollution. Also, the ordinance states the wood is supposed to
be clean (not painted, etc) and dry. But just go down any alley you will see people have wood stacked
next to burner out in the rain and snow. And many have built in pits now and I ask regulatory services to
give warning letters to those that aren't in compliance with the ordinance and they won't. (Yet, when I
had a housesitter recently for the summer, the city gave three letters: one for weeds in the alley,
storing my brother's trailer in my yard and a fence stored between garages—none of which harmed
anyone's health.)
In 2012, a group of us went before the city council citizen advisory committees, public health and
environmental, to state the case for a backyard fire ban. A representative of the city, when asked if
everyone was affected the same by wood smoke, said only the old, young and those with compromised
health are affected suggesting it was a small (and expendable) group. The result: the committees
suggested adding no burning when AQI warning is put out by the MPCA (which occurs rarely because
the MPCA often does not know ahead of time that AQI will reach 100+ and until I pushed them recently
they had no mechanism in place to do PSAs announcing no burning when the AQI goes over 100 for
whatever reason). The Committees also recommended that an educational program about the health
and climate change harms be started to the city.
In 2015, I contacted the head of the City of Minneapolis Health Dept, Gretchen Musicant, asking her
where her dept was with the education program and she said the fire dept had done it. The fire dept
had put out a video saying how to have a nice bonfire while not annoying your neighbor. Not only that, I
went to the city Health Dept facebook page recently and found under "people also like" Musicant's
son's business, "Musicant Group" listed and you click on that link and it takes you to his FB page where
he receives grants and works to bring people in the community together—a laudable activity. But too
often it happens with wood smoke—looking at his pictures you see copious amounts of smoke around
his downtown St Paul gathering by a lightrail station, as well as a walking event in St Louis Park. He also
recently had put out a kickstarter program for his mobile wood burning sauna business and raised over
30K for it. This mobile sauna he was able to place in downtown Mpls where he had a wood burning
firepit out front besides, and at other city landmarks for weeks among places where people live in close
proximity. Last year, the wood burning sauna was in NE, next to Dangerous Man brewery and the firepit
was five feet from the back of the building and just across an open parking lot from my fire station and
they did nothing to put out the fire even though it was illegal (according to the city ordinance—not 25
feet from a structure).
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I drove back from the coop 2 days ago, the day I was too intimidated by your setup to stay and present
in person, in my neighborhood as I approached a wood burning pizza oven restaurant, the smoke was
strong and got stronger and looking in the window, it looked like the flames were up to 2 feet high and I
noticed this smoke on a walk earlier in the week, also near this business. The proliferation of wood
burning restaurants, and meat smokers is shocking. There are 4 within a mile of me or soon to come in.
One three blocks away reads like this in their ad for the future:
http://twincities. eater. com /2017/2/27/14732 352/popol-vuh-centra l-address-minneapolis-lvn65
Fire will be atthe heart of Popol Vuh, where Alarcon will utilize an Argentinian wood burning grill
as well as a wood fired plancha. "Fire is the ancestral way of cooking," Rients said. "There is
nothing more calming and satisfying than working with a big beautiful fire."
http ://Www. citypages.com /restaurants /5-rea sons-to-get-exc ited-about-popo l-vuh-the-ne w-
m ex ican-restaurant-coming-to-northe a st/41440605 3
5 reasons to get excited about Popol Vuh, the new Mexican restaurant coming to Northeast
And there will be a big wood fire and a big plancha (grill), and Alarcon and his team are going to
be cooking with a whole lot of smoke.
"There's going to be so much wood and smoke in that room," says Rients. "It's going to be a fully
immersive experience."
S o, to recap: Popol will offer a fully immersive experience with tacos, free-flowing margaritas, lots
of smoke, more aguachile, and possibly some cutting-edge Mexican cooking the likes of which
we haven't quite seen around here.
In recent years, the healthy eating local food COOP had a flyer about what to buy for your bonfire. When
I objected and why, the manager said, we aren't suggesting anything that is not legal. They also had in
their official newsletter how to build a wood burning, long burning pizza oven for your backyard and
Seward neighborhood pushed building a wood burning community bread oven.
S o, wood burning is pushed like crazy here in Minneapolis. All the while we push exercising hard and that
we are a sustainable city. I am afraid to try to educate the public by opinion pieces because I am calling
911 on my neighbors who have not confronted me so far. The city of Minneapolis just seems to be
getting the idea it may be an issue but does not have the will to do anything about it. I smell smoke often,
during the day and at night, in public and in my house. During the winter and during the summer. Winter
has increased with more gentrification in my area and more stove pipes rising out of roofs.
You could say, what's the problem? If the MPCA shows the area doing quite well for pollution-???
Here's the problem:
Burning causes pollution victims—people who are near the burners and their ACTUAL AQ is not showing
up on community monitors sometimes miles away. P M 2.5 and P M 1.0, fine and ultrafine particulates are
not kept out by doors and windows.
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The EPA takes AQI readings and averages them over a 24 hour period—successfully averaging out great
spikes at the community monitors. I saw a 157 at a AQI monitor a mile+ away from a building fire get
averaged to 53 the next day. This past April 1st weekend, the first nice weekend this year I knew would
be bad and the smoke was bad in the city. At the MPCA website I watched the AQI climb from 13 at 9pm
to 109 at midnight and spike at 151 overnight. You can see the buildup both Friday and S aturday night in
the AQI looking at the World AQI site which shows this.
A new study by researchers at Harvard T.H. Chan School of Public Health found that
death rates among people over 65 are higher in zip codes with more fine particulate air
pollution (P M2.5) than in those with lower levels of P M2.5. It is the first study to examine
the effect of soot particles in the air in the entire population of a region, including rural
areas. The harmful effects from the particles were observed even in areas where
concentrations were***** less than a third************ of the current standard set by the
E nvironmental Protection Agency (E PA).
"Particulate air pollution is like lead pollution, there is no evidence of a safe threshold
even at levels far below current standards, including in the rural areas we investigated,"
said Schwartz. "We need to focus on strategies that lower exposure everywhere and all
the time, and not just in locations or on days with high particulate levels."
The MPCA says that industry or point sources are a smaller part of our pollution in this area with
smaller, area sources, a larger part including vehicles, small motors like lawn mowers and leaf
blowers and wood burning. At midnight and later April 1st weekend, no one was using small
motors and traffic was not high, so that leaves wood burning as a big source of the AQI climbing
to 151 overnight—and you could smell wood smoke. The MPCA report to the legislature this year,
2017, states that in Minnesota: 40% of PM2.5 (fine particulates) comes from wood burning, 25% of
PAHs(polycyclic aromatic hydrocarbons) and 10% of VOCs (volatile organic compounds) come from
burning wood. Wood smoke is extremely toxic, with over 200 dangerous chemicals and heavy metals
attached, including dioxins.
The Minnesota Dept of Health put out an asthma by zip code map of the 7 county metro and it
shows some zip codes here have 7 times the asthma rate of outstate Minnesota. The city of
Minneapolis spends money on changing out mattresses and pillows for asthmatics but when I
looked last—a couple weeks ago—the Minneapolis health dept website still had NO MENTION
of wood burning as an issue on their website for mitigating health problems. Even though, they
put together an AQ multiyear testfor VOCs and found again elevated levels of 3 of 5 VOCS
Benzene, formaldehyde and naphthalene which are all constituents of wood burning—that was
still not mentioned as something to curb.
To make it more personal, I had been working on this before the following event but this makes
it even more disappointing the city won't do anything about this issue: My mother was having
some issues from dehydration after having a problem with C diff. and the doctor wanted to
hospitalize her. She went to Abbot Northwestern in S outh Minneapolis. S he was admitted on a
Friday evening and my brother and I were talking with her in her hospital room when she said, I
smell smoke. (She really wasn't that tuned in to our fight against wood smoke in a densely-
populated area, at 90 years old). My brother, who had also fought this proliferation of wood
80 | Page
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burning here, said he noticed it earlier and we all definitely smelted smoke in my Mom's hospital
room. We tried mentioning to personnel and they just dismissed it.
Within 24 hours she had a major stroke. I stayed with her overnights and another brother came
during the day. S he moved to 3 different wings for different issues and each weekend, I could
smell smoke in her different rooms. S moke poured in through the roof intake and through the
emergency room doors. I mentioned it at the time to 2 nurses, individually, and both said, no I
don't smell it—but my allergies are acting up. I spoke with another nurse a year later, who was
not working at the time, but I know from my church and she said, yes it's a problem—ask
security—they'll tell you about it. "You hate to run to your car some days the smoke is so bad."
After that, our mom then went to a suburban nursing home—just across the street from Mpls where I
smelled smoke in the dining room of the second floor AND coming in a large vent in the hall outside her
room.
To recap: this wood burning, especially this backyard burning is a property rights issue, a global
climate change issue, environmental justice issue, health issue and could become a
nonattainment issue.
Property rights issue: If people have the rightto burn on their property, they need to keep the
smoke on their property because their rig ht to burn does not supersede my right to breathe
clean air on my property or in public spaces. This is a huge Public Health Nuisance.
G lobal climate change issue: black carbon soot is implicated 2nd behind carbon for causing
climate change and we are over 400 ppm for carbon. It's irresponsible.
Last fall, Bill McKibben of 350.org, wrote this when discussing using biomass for energy:
The theory is, if you cut down a tree and burn it, another will grow in its place, and it will soak up
the carbon you just burned. Voila, no impact. When I first heard it, it sounded great to me
(especially since I've spent much of my life getting up during the night to stoke the woodstove).
The trouble with the theory is, it turns out to be wrong, at least relative to the crisis we face. If you
burn a tree, you put a lot of carbon into the atmosphere right away, trapping heat at precisely the
moment that we desperately need to be cooling the earth. A slowly growing new tree won't suck it
all back up until after we've broken the back of the climate. And it turns out that wood is
remarkably inefficient, even compared to coal: It's a serious pulse of carbon you're pushing into
the air.
These fires also force people to close their windows and put on the A/C using more energy and leading to
more climate change instead of letting us open our windows at night to air the houses out.
Have you seen AI G ore's trailer for his sequel to An Inconvenient T ruth—P lease watch:
https ://Www. youtube.com /Watch Pre fcode=g-1 nconve nient0401.d-2017040 l.m-9051.s -
30452&v=huX lbmfdkvA
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It is so very powerful.
Wood burning is an environmental justice issue: people in my nearby neighborhoods and northside
across the river are dealing with the fallout from industry around the Lowry bridge—Northern Metals
Recycling and GAF asphalt shingle co have placed a heavy pollution burden on these neighborhoods to
the point of showing the highest asthma and cancer rates in the metro in a currently ongoing study. We
are placing an undue burden on people who can ill afford it and the city of Minneapolis calls it a
"Recreational" fire ordinance—recreational!
Lots of healthcare issues from woodburning: is not only a problem for respiratory issues like asthma and
C O P D but also Heart attack, stroke, autism, pre-eclampsia and suicide. C O P D is the 5th highest killer in
Minnesota. From: http://burn ingissues.org /car-www/science/outdoor- fire pit-page, htm I What we know
aboutthe dangers of tobacco smoke well applies to wood smoke. Wood smoke is chemically active in the
body 40 times longer than tobacco smoke (P ryor). It is 12 times more carcinogenic than tobacco smoke
(Lewtas) and lowers the body's defense mechanisms for fighting off infections. J ust one hour of exposure
can lower immune defense 25 to 40 percent (Zelikoff). (S ee burningissues.org for Fact S heets, Wood
Smoke/Tobacco Comparison charts and other backup material.)
Burning in a densely populated area costs too much, for the city and in the form of healthcare. For every
$1 spent reducing particulates, we save $30 in healthcare costs. That's from the independent Office of
Management and Budget, the OMB. A researcher from the U tweeted this a couple years ago: [Health
damages of P M2.5 [particulates]n Minnesota cost~$34billion/y. C leaner air = big benefits. S ee MPC A's
2015 Legislative Report.]
What you want the NEJAC to advise EPA to do: To do something about the proliferation of wood
burning in our densely-populated area. If they must burn, which I don't believe they do, but if they
must, they should switch to gas or electric. This wood burning is a Public Health Nuisance! Please
recommend that the EPA advising banning backyard wood burning in the 7 county Metro—or at least
my City of Minneapolis. With health care costs and climate change—surely, we can find better forms of
recreation!
Have the city of Minneapolis start educating the public about the harm of burning wood. Have them
start giving warning letters for illegal firepits (not 25 feet from a structure) and wood left out in
precipitation. We are at the mercy of many who are the young invincibles. There was just close to 100
responses regarding the ordinance in the Social Media platform for the City of Minneapolis called
NEXTDOOR, this month. You have a woman on there who says she has COPD, can hardly breathe but
she doesn't want to impact the fun of a young woman with asthma (who had a picture of a psychedelic
skull to id her) who says I have asthma but still enjoy a fire—I just don't stand right in front of it. These
people and the many who are too sick or ignorant need to be protected—at least protect our collective
pocketbook because these people won't.
Please do something about the proliferation of wood burning restaurants. We are inundated with
them—why has this become the big "in" thing? The backyard smokers the pizza and bread ovens and
even wood burning saunas are becoming an issue—besides these new mobile saunas from Max
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Musicant. Many of the people who have moved into my neighborhood walk by smoking cigarettes—
these people should not be able to decide the health/fate of the rest of the metro.
Thanks very much for your time!
Darlene T. Huss
Here are some links (see short video at the first 2 below):
https://Woods mokepollution.org/
Doctors and Scientists Against Wood Smoke Pollution ©2017
http://uphe.org/prioritv-issuesAA/ood-burning/
Utah Physicians for a Healthy Environment
http://burningissues.org/car-www/pdfsAA/oodS mBroharris.pdf
Burningissues.org
http://www.startribune.com/backyard-fires-become-a-burning-issue/131671178/
83 |
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City of Mpls Health Dept Commissioner is Gretchen Musicant—see what else people like on this fb page: the Musicant Group, her son Maxes company.
Winter Solstice at Central Station [downtown St Paul]: Fire Food Fun!
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X StarTribune
St. Paul's Central Station area kicks
off a year of pop-up events
Pop-up events aim to bring vitality to Green Line Central
Station.
The best
bra is
one you
never
think
about.
Trftany Kong who worts nearby browned a smore says 'a garden would be
beautiful More greenery downtown would be nice ']0vw the next several rr
the area near (he Green Line's Central Station in St Paul wiH host a series oi
The smell of wood smoke wafted skyward Wednesday as downtown
passersbv sipped hot chocolate, roasted marshm allows and played Kubb.
Swedish lawn game, on the snow.
Il was [an of a winter solstice celebration that had an ulterior motive: Bi
some life and vitality to a vacant lot near the Green Line Central Station i
St. Paul
$ THIRDLOVE
"This is the kickoff event for a yearlong effort to add vitality and safety to
the Central Station area, outside and in the skyway." said Max Musicant.
whose Musicant Group was among a consortium to win a $75,000 (rant
from the Knight Foundation. "Now. the ground cover is wood chips and dirt,
but later their will potentially be a wood deck, gravel, places for food trucks
to pull up and park, seating. At some point, the property will be developed
See article above re: Knight Foundation Grant—Musicant Group was among a consortium to win $75K grant.
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Also from Musicant FB photos
S LOWS PARK I
PRESENTS^
THlSW[jRDAY
' 3p.m.
86 j Page
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facebook
Walk and talk event
While it's nice Musicant wants to bring people together, it often involves wood burning—including his mobile wood burning sauna co with
firepits outside of the sauna, http://612saunasocietv.coin/ Below: Next day, Musicant not visible—will it be reposted? How long was it there?
87 j Page
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RwytltKn
So who put the "People also like" on FB? Rethink your drink is back.
legislation will
City of Minneapolis
Health
Department O
See more of City of Minneapolis Health Department by logging Into Facebook
88 | Page
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Trends by site and pollutant
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Michelle Thelen
Guardians of Future Generations
Dear Karen I, Martin, EPA
Please submit the following to the Public Comments for the Minneapolis NEJAC meeting:
My name is Michelle Thelen, of Minneapolis MN. michelle.thelen@rocketmail.com
I am here today as a concerned citizen and member of Guardians of Future Generations. We are
here to ensure that the EPA performs their public duty to ensure ecologically healthy land, water,
and air for the benefit of future generations. We protect what we deem most important: a livable
environment for our children, your children and all of our grandchildren.
A fundamental piece of environmental justice is the approach that every individual and community
speaks for themselves and has a right to a healthy planet This right extends to future generations.
For those who cannot speak for themselves, such as the waters, the land, and future generations, we
need Guardians to represent them.
The basis of democracy is the consent of the governed. The alternative to governing with the
consent of the governed is either anarchy or dictatorship. And we don't want to go there.
It is a false premise promoted by the corporate sector that government's primary responsibility is
to promote a growth economy even if it means destroying the water, the air, and wildlife. The real
responsibility of government is to protect the commonwealth and health of its members. The
commonwealth is all the things we share—air, water, wildlife, National Forests, roads, the Internet,
public health & so on.
*I'd like to share a concept developed by Carolyn Raffensperger of the Science &
Environmental Health Network called the PRECAUTIONARY PRINCIPLE.
**"When an activity raises threats of harm to human health or the environment,
precautionary measures should be taken even if some cause and effect relationships are not
fully established scientifically." That is, in the face of harm and scientific uncertainty, take
action to prevent harm.
The precautionary principle tells us to act ethically and protect future generations, not wait
until all the evidence is complete. The question is "do we know enough to act?" Because the
precautionary principle is a way to make ethical decisions, it doesn't leave all decisions to
scientists. Communities and people affected by a decision should be at the table to document
the early warnings, set goals and look for the best alternatives. Communities have the right
to give or withhold their free, prior and informed consent to activities that affect their future
and the future of their children.
*Applying the precautionary principle in the community: In most cases proposals for
confined animal feeding lots, pipelines, mines, fracking and other noxious activities are
evaluated on the old environmental model of allowing acceptable harm. The public has to
pay for the gambles of greedy corporations when corporations pollute. With the
Precautionary Principle, Local governments can set up Early Warning Committees that
evaluate clusters of unusual diseases, trends in problems such as polluted drinking water,
and changes in wildlife that provide clues about trouble in the environment.
92 | 1
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*An Early Warning Committee could be empowered to propose legislation or recommend
research with the intention of taking precautionary action based on the research findings.
*Communities can set goals for what they'd like their community to become. Reducing
diseases and pollution, protecting drinking water, increasing green spaces—whatever the
community thinks should be improved. Government can be measured against those goals
and budgets should be tailored to those goals.
*We urge you to expand your way of thinking from an EITHER/OR approach and seek
solutions that ensure the rights of the people and create clean energy jobs! Can't we all agree
we need both employment and serious environmental protections?
We The PEOPLE of America AND the planet need you to be a "Guardian".... Public TRUSTEES
....a moral force! and hold sacred our public health & well-being so we can breathe clean air
and drink clean water!. This signals that you care less about promoting corporate greed and
more about the health and wellbeing of all living things. That our quality of life is more
critical than anything else.
In a world-first, a New Zealand river has been granted the same legal rights as a human
being. Quote: "We have fought to find an approximation in law so that all others can understand
that from our perspective, treating the river as a living entity is the correct way to approach it, as in
indivisible whole, instead of the traditional model for the last 100 years of treating it from a
perspective of ownership and management"
The new status of the river means if someone abused or harmed it, the law now sees no
differentiation between harming the tribe or harming the river because they are one and the same.
We are the river and the river is us. And therefore rather than us being masters of the natural
world, we are part of it. We want to live like that as our starting point And that is not an anti-
development, or anti-economic use of the river but to begin with the view that it is a living being,
and then consider its future from that central belief." End Quote.
So, as you consider recommendations for the EPA today, please consider the RIGHTS we ALL have
to clean air, water and land no matter what our ethnicity, race or socio-economic status.
And, always, please take into account how your recommendations will affect future generations
quality of life!
Guardians of Future Generations Thank you.
Michelle Thelen
michelle.thelen@rocketmail.com
Minneapolis MN 55406
93 |
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APPENDIX D
PRESENTATIONS
94 |
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Community Voices Panel Presentations
Wednesday, April 27, 2017
10:00 am
- Minneapolis Parents for Lead Safe Kids
MINNEAPOLIS PARENTS FOR LEAD
SAFE KIDS
CONNECT & PROTECT
CONNECT TO RESOURCES & GRANTS IN MINNEAPOLIS CALL 311 '
G
t
CHILDREN POISONED!
EACH YEAR 700 OR MORE CHILDREN ARE
POISONED BY LEAD IN THE STATE OF
MINNESOTA.
95 j Page
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WHAT THE STATE IS ACCOUNTABLE FOR
WHEN A CHILD HAS BECOME DISABLED BECAUSE OF LEAD POISON
MEDICAL COST
AND SPECIAL SERVICES
• MflEtfCATtOMS
* SPEECH AND LANGUAGE
* FHY5&CAL AND OR OCCUPATIONAL
THESAFY
• PERSONAL CARE ASSISTANCE
¦ EVALUATIONS ETC
SPECIAL EDUCATION
THE COST IS DIFFERS FOE EACH CHILD
SOCIAL SECURITY
DISABILITY BENEFITS
$731.00 -2017 payment
F*OM The Twt Trf CHILD «S 0e*A&ED
PAYMENTS DIFFK F1QM STATE TO STATE
ANO NOT BMOUGH FOt A FAMILY TO SURVIVE
i
96 j Page
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w
WHAT LANDLORDS ARE ACCOUNTABLE FOR
WHEN A CHILD HAS BECOME DISABLED BECAUSE OF
LEAD POISON?
Nothing to the Family
^ ^ J
PLAN OF ACTION
MAKING CHANGES
RENTAL
DISCLOSURE
- - - 131
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Housing bujjr^efore 1978 may certain leod-lxsed peril. Lead from paint, pa&rrt chips, and dust can pose
; If not magged properly. Lead exposure is especially hannfal 1o yocng children and pregnant
women. Before ^eming pre-1970, bousan^ lessor must i A5?enl has stormed *ie teaser ot the Iwwr's oWtgtfloni ificJe*' 4'i U.S C «i852d ond
is e-^rw or tii/her rvipamtitty » amura coniptkiriCA
CertHfcatton ¦>! ^cojrocy
rr«a 1olov>ir>9 pertta travvs re-iev^sd tha kifc^maticn above endcorltty, »^nhe beu or their kr^wfed^Sie?
tie irdonne&on tt«y ta«^s prov<6«i is true arid accurate.
8
^ ^ -V __
98 j Page
-------
w
LEAD POISON
PREVENTABLE
IRREVERSIBLE
IT IS IMPORTANT TO DETERMINE THE CONSTRUCTION YEAR
OF THE HOUSE OR THE DWELLING WHERE YOUR CHILD
SPENDS A LARGE AMOUNT OF TIME (E.G., GRANDPARENTS
OR DAYCARE). IN HOUSING BUILT BEFORE 1978, ASSUME
THAT THE PAINT HAS LEAD UNLESS TESTS SHOW
OTHERWISE.
THERE IS NO WAY OF REVERSING DAMAGE DONE BY LEAD
POISONING, WHICH IS WHY PEDIATRICIANS EMPHASIZE
PREVENTION. BUT A DIET HIGH IN CALCIUM, IRON AND
VITAMIN C CAN HELP THE BOD* ABSORB LESS LEAD. AND
PEOPLE WITH EXTREME LEAD POISONING CAN UNDERGO
CHELATION THERAPY, WHICH INVOLVES INJECTING
CHEMICALS INTO THE BODY THAT BIND WITH LEAD SO
THAT IT IS EXCRETED IN URINE. BUT RESEARCH HAS POUND
THAT CHELATION THERAPY CANNOT REVERSE DA»AAGE
ALREADY DONE TO THE BRAIN OR NERVOUS SYSTEM.
U
J
99 j Page
-------
Representative Karen Clark - Minnesota House of Representatives
01/18/17 RE VISOR SGS/NB 17-1834
This Document can be made jr, arable r • ,
m alternative formats lipou lernw.r !St0tC Ol iN llllllCSOtfl
H( X *SE OF REPRESENTATIVES
H. F. No.
MNEHEIH SESSION 491
01 26/2017 Authored by Clark Schultz. Moraa. Malioney. Bly and othes's
The bill was read for the Hist tune md referred to the Committee on Health and Human Services Reform
1.1 A bill for an act
1.2 Matins: to health, auiendma the Leid Poisomna Pie\ eiition A.ct, amending landloid
u 1 entitlements tin 1 enting lesideiitialpiopeity. cieatmg theDtistmLule Shields
1.4 Act. amending ladon and lead disclosme iei[Miemems. piovidniL" a piopeity tax
l.s benelit toi lead liazaid leductioiis. p.
1.7 sections 144 "501 subdivision 2. 5i4B 001, sutxtrusion 14. 5o4B lol -libJr.ision
18 i. 513.5". 51.-*,01. pioposing coding foi lie'A law 111 Minnesota Statutes, Jupteis
1.9 144:2?U
1.10 BE IT ENAC TED BY THE LEGISLATURE. OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2016. section 144.9501. subdivision 2. is amended to read:
1.12 Subd, 2. Applicability, The definitions in this section apply to sections 144.9501 to
1.13 4444)543144.9514.
1.14 Sec. 2. 1144,95141 LEAD HOME HEALTH; DISCLOSURE. AND REDUCTION.
1.15 Subdivision 1. Lead disclosure; real estate. Before si.gi.iing an agreement to sett or
1.16 transfer residential leal piopeity built pnoi to 1^"S. the seller shall test the home for the
1.17 presence of lead liazaid- by conductim: a lead iisk assessment. The test shall be conducted
i.ts by eithei a lead mspectoi 01 a lead iisk a -sessoi « ho lias been licensed by the commissioner
1.19 pursuant to section 144.9505. The seller shall disclose to a purchaser the results of all lead
1.20 tests 011 the dwelling, the residential water, and soil that are known to the seller and shall
1.21 provide a description to a purchaser of any lead hazard reductions performed to address the
1.22 presence of lead.
1.23 Subd. 2. Lead disclosures; residential tenancy, (a) The landlord of a residential dwelling
1.24 built before 1978 must test all residential units for the presence of lead hazards by conducting
Sec. 2.
100 | Page
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2.1
01/18/17 RE VISOR SGS/NB 17-1834
a risk assessment as defined by Code of Federal Regulations, title -M"i. section T45.223, Tlie
2.2 test shall be conducted by a lead risk assessor who has been licensed by the commissioner
2.3 pursuant to section 144.9505 The landlord shall complete testing even* five years and
2.4 disclose die results of the most recent lead tests on the dwelling, the residential water, and
2.5 soil to current tenants and to any prospective tenants and shall provide a description of any
2.6 lead hazard reductions performed on the residence to address the presence of lead to the
2.7 residential tenant or any prospective tenant. Full risk assessment reports created by the risk
2.8 assessor should be available for public viewing. For the purposes of this section, the terms
2.9 "landlord," "residential tenant." and "residential building" have the meanings given them
2.10 in section 504B.001.
2.11 ib'i if a lead hazard i^ found in a residential building, a landlord must complete interim
2.12 controls or lead abatement measures tliroudi a swab team service, other licensed lead worker.
u
2.13 or EPA-certified renovator to reduce the risk of lead exposure. Upon completion of interim
2.14 controls or lead abatement measures the firm, individual, or supervisor of the work shall
2.15 provide the owner of the residence with a document certifying the work was performed in
2.16 compliance with all applicable federal and state laws related to lead hazard reduction and
2.17 provide the amount paid by the owner for the work completed.
2.18 Subd 3. Lead hazard reduction, u i A landlord must complete the form in paragraph
2.19 (b> and provide it to each prospective tenant. A landlord must provide an updated iomi to
2.20 a emient tenant withm 60 day> of the completed testing or completed interim controls or
2.21 lead abatement measures.
101 | Page
-------
2.22
lb') The following is the statutory short form that must be used for compliance with this
2.23 section. The Department of Health shall provide an electronic copy of this statutory short
2.24 form on its Web site for use by residential landlords m Minnesota.
2.25 MINNESOTA RESIDENTIAL LEAD-BASED PAINT DISCLOSURE FORM
2.26 This notice is to inform prospective and current tenants of residential dwellings built
2.2? prior to 19"S that such property may present exposure to lead from lead-based paint that
2.28 may place young children at risk of developing lead poisoning. Lead, poisoning in young
2.29 children may produce permanent neurological damage, including learning disabilities.
2.30 reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning
2 ?i also poses a particular risk to pregnant women. Lead from paint, paint chips, and dust can
2 32 pose health hazards if not managed properly.
2.33 Lessor's Disclosure
2.34 The lessor must initial each applicable line:
Sec. 2. 2
102 | Page
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01 IS 17
KE\7SOR
SGSNB
17-1834
3.1 This residence has had a paint inspection risk assessment on
3.2 (date') in compliance with Minnesota
3.3 Statutes, section 144 9514.
3.4 There are known lead-based paint and or lead-based paint hazards are present
3.5 in the housing t explain l
3 J
3.7
3.8
3.9 ............. The following interim controls or lead abatement measures were done to reduce
3.10 the risk of lead exposure (explain K
3.11
3.12
3.13
3.14 There are NO known lead-based paint and or lead-based paint hazards in the
3.15 housing,
3.16 Lessee's Acknowledgment
3.17 The lessee must initial each applicable line:
3.18 The lessee is aware that they have the right to request copies of all paint
3.19 inspection risk assessments and documentation of completed interim controls
3.20 or lead abatement measures that were done to reduce the risk of lead exposure.
3.21 Certification of Accuracy
3.22 The following parties have reviewed the information above and certify, to the best of their
3.23 knowledge, that the information they have provided is true and accurate.
3.24
3.25 Lessor Signature and Date
3.26
3.27 Lessee Signature and Date
3.28 (c) if a current or prospective tenant requests documentation, then a landlord must provide
3.25 copies of the lead testing as required by subdivision 1. and if lead-based paint or a lead
3.3® hazard has been found, then documentation of the completed interim controls or lead
3,31 abatement measures completed by a swab team service, other licensed lead worker, or
3.32. EPA-certified renovator that were done to reduce the risk of lead exposure must be provided,
3.33 Siibd. 4. Short title. This section shall be known as the "Diistin Luke Shields Act."
3.34 EFFECTIVE DATE, This section is effective January 1. 2018.
-------
01/18/17 RE VISOR SGS/NB 17-1834
4.1 Sec. 3. {290,0682] LEAD ABATEMENT CREDIT.
4.2 Subdivision 1. Credit allowed. An individual is allowed a credit against the fax imposed
4.3 try this chapter equal to 7 5 percent of qualifying interim controls or lead abatement costs
4.4 paid or incurred dming the taxable year. An individual is allowed to claim only one credit
4.s for each qualifying housing unit The maximum allowed for each credit is S5.000.
4.6 Subd, 2. Definitions, (a) For purpose? of this section, the following terms have the
4.7 meanings .given.
4 8 i b; "Qualilying housing unit" means a residence subject to section 144.9514. subdivision
4J 2. paiaaraph ibi.
4.10 i c) "Qualifying interim control or lead abatement costs" means the costs of lead hazard
4.11 reductions in compliance with section 114.9514, subdivision 2. paragraph (b), It does not
4.12 include:
4.13 (1) any costs paid for by federal, state, or local government grants: or
4.14 121 any costs reductions obtained through federal, state, or local subsidized financing.
4.15 Subd. 3. Credit refundable. If* the amount of credit that the claimant is eligible to receive
4.16 under this section exceeds the claimant's tax liability under this chapter, the commissioner
4.1? shall refund the excess to the claimant.
4.18 Subd. 4. Appropriation, The amount necessary to pay the refunds required by this
A 1A f'snhAti ofrsairf aif-'K -fic-/•»t 1 I'aii' tw ft-va c-f-»Auav fi'mn tl-na rtananl
104 | Page
-------
4.19
section is appropriated each fiscal year to the commissioner from the general fluid
4:20 EFFECTIVE DATE. This section is effective for taxable years beginning after December
4.21 31.2016.
4.22 Sec. 4. Minnesota Statutes 2016. section 5G4B.00L subdivision 14. is amended to read:
4.23 Stilxl. 14. Violation, "Violation" means:
4.24 11! a violation of any state, county or city health, safety, housing, building, fire prevention,
4.25 or housing maintenance code applicable to the building:
4.26 12 la violation of any of the covenants set forth in section 504B. 161. subdivision 1,
4.27 clause il)«M2h on5). or in section 504B.171. subdivision 1: or
4.28 f 31 a violation of an oral or written agreement, lease, or contract for the rental of a
4.29 dwelling in a building,
4.30 EFFECTIVE BATE, This section is effective August 1. 2017.
Sec. 4. 4
105 | Page
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01/18/17
REYISOR
SGS/NB
17-1834
5.1 Sec. 5. Minnesota Statutes 2016. section 504B.I6L subdivision 1. is amended to read:
5.2 Subdivision 1. Requirements, i ;i ¦¦ In every lease or license of residential premises, the
5.3 Lmdloicl or licensor covenants:
5.4 (11 that the premises and all common areas are fit for the use intended by the parties;
5.5 ! 21 to keep the premises in reasonable repau dining the term of the lease or license.
5.6 except when the disrepair has been caused by the willful, malicious, or irresponsible conduct
5.7 of the tenant ox licensee ox a person under the direction or control of the tenant or licensee;
5.8 (3) to make the premises reasonably energy efficient by installing weatherstripping.
5.9 caulking, stomi windows, and steam doors when any such measure will result in energy
5.10 procurement cost savings, based on current and projected average residential energy costs
5„ii in Minnesota, that will exceed the cost of implementing that measure, including interest.
5.12 amortized ovei the ten-year period following the mauling of the cost; -and
5.13 (4) to maintain the premises in compliance with the applicable health and safety laws
5.14 of the state, and of the local units of government where the premises are located dining the
5.15 tenn of the lease or license, except when violation of the health and safety laws has been
5.16 caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
5.17 person under the direction or control of the tenant or licensee-; and
5.18 i 51 to complete lead testing, disclosure, and remediation in compliance with section
5,» 144.9514.
106 | Page
-------
5.20 (b) The parties to a lease or license of residential premise* may not waive or modify the
5.21 covenants imposed by this section.
5.22 EFFEC TIVE DATE, This section is effective August 1. 201".
5.23 Sec. 6, Minnesota Statutes 2016. section 513,5". is amended to read:
5.24 5 1 3.57 LIABILITY FOR ERROR. IN AC CURACY. OR OMISSION,
5.25 Subdivision 1. No liability. Unless the prospective buyer and sella agree to die contrary
5.26 ill writing, a seller is not liable for any error, inaccuracy, or omission of any information
5,2? delivered under sections 513,52 to 513.60 513.61 if the error, inaccuracy, or omission was
5.28 not within die personal knowledge of the seller, or was based entirely on mtbrmatioii provided
5.29 by other persons as specified in section 513.56. subdivision 3. and ordinary care was
5„» exercised in transmitting the information, It is not a violation of sections 513.52 to 513.60
5.31 513.61 if the seller fiils to disclose information that could be obtained only through inspection
Sec.. 6.
107 | Page
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01 IS 17
KE\7SOR
SGSNB
17-1834
6.1 oi' observation of inaccessible portions of the real estate or could be discovered only by a
6.2 person with expertise in a science or trade beyond the knowledge of the seller,
6.3 Sulxl, 2, Liability. A seller who fails to make a disclosure as required by sections 513.52
6.4 to •513.60 513.61 and was aware of material facts pertaining to the real property is liable to
6.5 tire prospective buyer. A person injured by a violation of this section may biina a civil action
6.6 and recover damages and receive other equitable relief as determined by the court. An action
6.7 under this subdivision must be commenced within two years after the date on which the
6.8 prospective buyer closed the purchase or transfer of the real property.
6.9 SubdL 3. Other actions. Nothing in sections 513.52 to 513.60 513.61 precludes liability
6. io for an action based on fraud, negligent misrepresentation, or other actions allowed by law.
&li EFFECTIVE DATE, This section is effective August 1. 201~.
6.12 Sec. 7. Minnesota Statute* 2016. section 51.3.61, is amended to lead:
6.13 51.3.61 RADON AND LEAD DISCLOSURE REQUIREMENTS,
614 A seller of residential real property must comply with the radon disclosure requirements
6.15 under section 144.496 and the lead disclosure requiiemeiits under section 144.9514.
6,16
EFFECTIVE DATE, This section is effective Auaust 1. 201".
6,17
Sec. 8 HEALTHY HOUSING GRANTS.
6.18
S in fiscal year 201S and S in fiscal year 2019 are appropriated fiom the aeneral
6.1?
fund to the commissioner of health for lead and healthv housina fundina under Minnesota
6.20
Statutes, sections 144.9501 to 144.9513. Of that amount. $25,000 ill each year shall be for
6.21
grants to nonprofit organizations to purchase and maintain vacuums with high-efficiency
6.22
particulate ail filters for use in low- and moderate-income households where lead is present.
6,23
at low or no cost to tenants.
-------
Hennepin County
Phillips Neighborhood
.fetinc at* pra.*J»3 by*» IJ 5 InmiTntU PuetonAymcy
109 | Page
-------
110 | P a g e
-------
Arsenic Cleanup Action Taken
fri Arsenic Source Point
Asthma Hospitalizations
Average Annual Rate Per 10,000
I I Rate Not Calculated *
I I 0.1 -7.3
I 17.4-11.6
11.7-19.3
1 9.4 - 46.7
Hennepin County
by Arsenic & Asthma Hospitilization
Rate per 10,000 People *
Phillips Neighborhood
:hanl assen
111 | P a g e
-------
Hennepin County
by Childhood Elevated Blood Lead, Arsenic &
Asthma Hospitilizatiori Rate per 10,000 People *
Phillips Neighborhood
° EBL (2000 - 2005)
Asthma Hospitalizations
Average Annual Rate Per 10,000
I I Rate Not Calculated '
I I D.I -7.3
I 17.4-11.6
11.7-19.3
¦¦ 10.4 - 46.7
112 | P a g e
-------
113 | P a g e
-------
114 | P a g e
-------
Hennepin County
by Childhood Elevated Blood Lead,
Arsenic & Per Capita Income
Phillips Neighborhood
Shorem
waconia UfctflAw
Orooo "iu ' ¦
rsvV - i n j .¦ 1 s
1 .J./\J* )| L ftal k ¦ T
Mrvnehpgka^
.vT'_
a Ecen %
Prairie
Chanhassen " 2,21
° Arsenic Cleanup Action Taken
a EBL (2000 - 2005)
Arsenic Source Point
Per Capita Income
¦[0-S19.207
H S19.208 - $27,794
H 327,795 - $37,674
$37,675 - $54,065
$54,060- $108,953
115 | P a g e
-------
116 | P a g e
Median Housing Values
SO -$134,000
5134,001 - 5202,200
H 5202.201 -5283.200
5283,201 -5414.700
5414.701 -5829.000
Phillips Neighborhood
Hennepin County
by Median Housing Values
-------
117 | P a g e
-------
118 | P a g e
-------
119 | P a g e
-------
Hennepin County
by Arsenic & Population Below Poverty
Phillips Neighborhood
0 Arsenic Cleanup Action Taken
Arsenic Source Point
Population Below Poverty
I I 0% - 7.6%
1 I 7.61% - 18.4%
I I 16.41% -26%
¦I 29.01% -44.7%
¦¦ 44.71% -74.5%
120 | P a g e
-------
Hennepin County
by Childhood Elevated Blood Lead,
Arsenic & Population Below Poverty
Phillips Neighborhood
121 | P a g e
-------
122 | P a g e
-------
Hennepin County
by Arsenic & Percent Minority
Phillips Neighborhood
• Arsenic Cleanup Action Taken
Arsenic Source Point
Percent Minority
Q% - 12%
13% -25%
M 26% - 45%
¦¦ 46% - 68%
¦ 69% - 100%
123 | Page
-------
Hennepin County
by Childhood Elevated Blood Lead,
Arsenic & Percent Minority
Phillips Neighborhood
124 | P a g e
-------
Lea Foushee - Minnesota's Indigenous Peoples
ENBRIDGE PROPOSED LINE 3
EXPANSION AND RELOCATION
PIPELINE ROUTE
FOH ALTERNATE ROUTE SA-04
TO BYPASS WILD RICE WATERS
FOH
PROPOSED
ROUTE
~ Lakes with Wild Rice
Prepared by
FRIENDS of Ok HEADWATERS
fncfxtiofthch^idwitcn org
'SUPUUOR
LOOK
WHERE THE
WILD RICE LAKES
125 | P a g e
-------
,,, , i-(\.
LOOK
WHERE THE
WILD RICE LAKES
ARE
~ Lakes with Wild Rice
Prepared by
FRIENDS of the HEADWATERS
fhendsoftheheidw2ten.0rg
126 | P a g e
-------
This Map is to Help You Find Safe Ogaa (Walleye) in the Minnesota 1837 Ceded Territory
1 CROW WING
SOUTH LONG L
CROW WING
rn?
SMITH L ,
HOLT L
CflMPL^f
ROUND L PLATTE L WHiTEFISH L*f
SULLIVAN L
AITKTN
* STANTON L
' LONG L
CEDARL
c NORTH BIG PINE L
SOUTH BIG PINE L^T UPPER PINE L
^BASS L
PIER2 FISH L
LITTLE ROCK L
SHAKOPEE L
MILLE LACS
ELEVENL
POMROY L
KNIFE L
GRINDSTONE L
RAZ0RL. ROCK L J
ANN L
MUD (QUAMBA) L
RSH L .
f
DEVILS L
L
POKEGAMAL
LEWES L-
KANABEC
MAYHEWL
LORYLfi
NORTH STANCHFIELD L
For Ogaa Smaller than 20 Inches:
| ¦ Eat up to 8 meals or 64 ounces per month.
| || Eat up to 4 meals or 32 ou nces per month.
| | Eat up to 2 meals or 18 ounces per month.
| Eat up to 1 meal or 8 ounces per month _
Do not eat ogaa from these lakes.
I | Not enough information available.
Number of meals is based on an S ounce meal size. If yomr
meal size is larger, you should reduce the number of meals
you eat per monfih.
Rl I RUSH L
(WE3T)j5h {EAST)
^ LITTLE
ff STANCHFIELD , n
SOUTH STANCHFIELD L ^ > MANDALL L
SPECTACLE L RABOURL
GREEN L0* FANNIE lY ^RSH L
FLORENCE L © ^ \
ISANTI wogmaIii CHISAbO
P 0 FRANCIS L oKOL?MAN L
LITTLE ELK
MAP FOR USE BY PREGNANT WOMEN,
WOMEN OF CHILDBEARING AGE, AND
CHILDREN UNDER 15 YEARS OF AGE.
DO NOT EAT OGAA LARGER THAN 20
INCHES.
EAT OGAA LESS THAN 20 INCHES AND
CHOOSE EVEN SMALLER OGAA TO
FURTHER REDUCE MERCURY
EXPOSURE.
SHERBURNE
NORTH LINDSTROM L ,
SOUTH LINDSTROM L I
NORTH CENTER L
[ « UTTLEL
ISLANDlSs, GREEN L L
KROON L,
BIG COMFORT\ ^ jpiOER L
LITTLE COMFORT L' A ^"CHISAGO L
Y°> \ li
^MARTtNL
-------
Recommended Maximum Number of Ogaa Meals per Month for Walleye Lakes in the Minnesota 1837
Ceded Territory
SORTING AND LABELING OGAA
PRIOR TO FREEZING
When Cleaning Ogaa:
• Put ogaa under 20 inches in bags
labeled "under 20 inches."
• Put ogaa over 20 inches in bags labeled
"over 20 inches/'
• Label bags with the lake name.
• Follow the advice below for maximum
number of meals per month.
USING Tins CHART TO FIND SAFER GIIGOONH
MAXIMUM NUMBER OF MEALS PER MONTH
Advice is for all lakes combined. For example, if you eat four meals in a month
from green lakes you should not eat any other meals of ogaa in that month.
MEAL SIZE
Meal size is based on 8 ounces. An average 19 inch ogaa will have 8 ounces of
meat. If your meal size is larger you should eat fewer meals of ogaa. If it is
smaller you can eat more meals of ogaa.
OTHER GIIGOONH
Giigoonh such as muskellunge. largemouth bass, smallmouth bassr and northern
pike will have more mercury than giigoonh such as lake white fish, herring.
bluegilL sunfish. crappie or perch. Try to choose safer giigoonh.
Women of
child bearing
age and
children less
than 15
Women
beyond
childbearing
years and
men 15 and
older
Maximum
Maximum
number of
number of
LAKE
COUNTY
meals per
month
meals per
month
ANN L
KANABEC
*
BASS L
PINE
Not Enouqh Information
BIG COMFORT L
CHISAGO
Not Enouqh Information
BLUE L
ISANTI
Not Enough Information
BONEL
WASHINGTON
m
11
BORDEN L
CROW WING
2
CAMP L
CROW WING
Not Enough Information
CEDAR L
AITKIN
No
tEn
ouqh Information
CHISAGO L
CHISAGO
2
II
CROSS L
PINE
1
4
CROW WING L
CROW WING
2
II
DEVILS L
KANABEC
Not Enouqh Information
ELEVEN L
KANABEC
D
o
FANNIE L
ISANTI
Not Enouqh Information
FISH L
CHISAGO
Not Enough Information
FISH L
KANABEC
Not Enough Information
FLORENCE L
ISANTI
Not Enouqh Information
FRANCIS L
ISANTI
Not Enough Information
GOOSE L
CHISAGO
1
4
GREEN L
CHISAGO
2
n
GREEN L
ISANTI
2
4
GRINDSTONE L
PINE
Not Enough Information
HOLT L
CROW WING
Not Enough Information
ISLAND L
ANOKA
Not Enouqh Information
KNIFE L
KANABEC
2
u
KROONL
CHISAGO
Not Enouqh Information
LEWIS L
KANABEC
Not Enouqh Information
LITTLE COMFORT L
CHISAGO
Not Enouqh Information
LITTLE ELK L
SHERBURNE
4
u
LITTLE L
CHISAGO
Not Enouqh Information
LITTLE ROCK L
BENTON
4
EI
LITTLE STANCHFIELD L
ISANTI
Not Enouqh Information
LONG L
ISANTI
Not Enouqh Information
LONG L
MORRISON
Not Enouqh Information
LONG L
PINE
Not Enouqh Information
LORYL
ISANTI
Not Enouqh Information
MAN DALL L
CHISAGO
Not Enouqh Information
Women of
childbearing
age and
children less
than 15
Women
beyond
childbearing
years and
men 15 and
older
Maximum
Maximum
number of
number of
LAKE
COUNTY
meals per
month
meals per
month
MARTIN L
ANOKA
4
o
MAYHEW L
BENTON
Not Enough Information |
MILLE LACS
MILLE LACS
2
¦a
MUD (QUAMBA) L
KANABEC
Not Enough Information |
NORTH BIG PINE L
PINE
I o I
1
Urn
NORTH CENTER L
CHISAGO
R1
~
NORTH LINDSTROM L
CHISAGO
Not Enough Information
NORTH STANCHFIELD L
ISANTI
Not Enough Information
OGECHIE L
MILLE LACS
Not Enouqh Information
PEAVYL
MORRISON
Not Enough Information
PELKEY L
MORRISON
Not Enough Information
PIERZ FISH L
MORRISON
[ 4 I
¦3
PLATTE L
CROW WING
Not Enough Information
POKEGAMA L
PINE
Not Enough Information
POMROY L
KANABEC
Not Enough Information
RABOUR L
CHISAGO
Not Enough Information
RAZORL
PINE
Not Enough Information
ROCK L
PINE
Not Enough Information
ROUND L
CROW WING
Not Enough Information
ROUND L
MORRISON
No
1 En
ough Information |
RUSH L (EAST)
CHISAGO
I
PP
~
RUSH L (WEST)
CHISAGO
rtl
ra
SHAKOPEE L
MILLE LACS
Not Enough Information
SKOGMAN L
ISANTI
Not Enough Information
SMITH L
CROW WING
Not Enough Information
SOUTH BIG PINE L
AITKIN
JL
LH
SOUTH CENTER L
CHISAGO
2
8
SOUTH LINDSTROM L
CHISAGO
2
8
SOUTH LONG L
CROW WING
2
8
SOUTH STANCHFIELD L
ISANTI
Not Enough Information
SPECTACLE L
ISANTI
Not Enouqh Information
SPIDER L
CHISAGO
Not Enough Information
STANTON L
PINE
Not Enough information
SULLIVAN L
MORRISON
|2|
HZ
TYPO L
ISANTI
r~i
UPPER PINE L
PINE
Not Enough Information
WHITEFISH L
CROW WING
Not Enough Information |
For many native people, giigoonh are part of a traditional and healthy diet. If you rely on
giigoonh. choose safer giigoonh with lower levels of mercury by following the advice on this
map.
RISKS AND BENEFITS
Risk: Mercury can damage the nervous system, especially the brain. Fetuses and babies are
the most at risk because their nervous systems are rapidly developing. Children exposed to
unsafe levels while in the womb have been found to experience delayed development in
walking and talking, even though the mother was not affected. Mercury cannot be removed by
trimming or cooking.
Benefit: Eating even as few as two to three meals of giigoonh a month may reduce your risk
of death due to heart disease.
If you have questions about finding safer ogaa,. call GLEFWC at 1-715-682-6619.
To learn more about mercury in ogaa, visit GLIFWC's website at www.gHfwc.org/Mercury/nierciiry.html
-------
Friends of the Headwaters
Enbridge proposed Line 3
Expansion and Relocation pipeline route
To fcswn monr. visit w\*v» Ktcebaok cam jjuntisfiiiDphrjcfw jrrrs
Jo kerp our wjter b/ur. donate M Ineixfcflithropjt/n Jten.orv
Or «30o» SSi, ftvi MS SA470
Percent Assessed Lakes with
Good Water Quality
¦ o% - 20%
21%-40%
41%- 60%
61% • 80%
>80%
Watersheds With No Lakes Assessed
frtnOt ot the HejtfMtiteM MtttMn To uifarm tnd ftjuuw pertora to the t*mrcnmer*») rt%ki to Mtrmewrti ml*n
from * (vopoifd crude oil ptpekne whath w>B /wontrAfe the H»«n»tpp# R**r Hfjrfuwn, iw»ny other bJun uretvm
ind wiId nee wttitndt m northern Muvietoa fOH won t tmtwnom Mtnnetoa AfipeAtte Court nJvng, t^theM By the
MWvietou Si^reme Court, ordering the tute o/ Hnr**oo to conduct the
-------
5acre_d Water
Water for jjfe
130 | P a g e
-------
Sacred Water
Sacred Water W.itrr lor Life is a call to action.
It is an instruction manual.
Sacred Water provides direction to regain an Indigenous state of health that incorporates spiritual,
emotional, mental and physical aspects of human reality.
Sacred Water provides an Indigenous science solution strategy.
Sacred Water documents from a Western science perspective, contamination of Mother Earth caused
by industrialization that for generations has been adversely affecting the Indigenous state of health.
Mercury, dioxin, polychlorinated bi-phenols, perfluorochemicals, pesticides, and other pollutants all
contribute to the body burden, and damage health.
Tins contamination now causes peril for all living beings on Mother Earth. This time was prophesied
by Anishinaabeg spiritual leaders and is called the Seventh Fire.
Spiritual leaders of the Three Fires Midewiwin Medicine Society and other spiritual leaders have
contributed their wisdom and teachings in Sacred Water. They speak of the Sacred Creation Story
and the foundational values and principles given to the Anishinaabeg people by the Creator. To
respect all things plants, trees, stones, animals and each other. We are all relatives, We all have the
same Mother.
Sacred Water is stunningly beautiful in original art, photography and Indigenous design, and 19th
Century Anishinaabeg beadwork. Many chapters are in Anishinaabemowin and English. An
accompanying Teachers" guide CD provides questions for further thought, student projects, further
reading, and websites for further research.
Sacred Water is currently being used as a textbook at: Bemidji State University, White Earth Tribal
and Community College, Leech Lake Tribal College, Humber Institute of Higher Learning, Shingwaiik
University, University of Michigan at Ann Arbor, and University of Wisconsin at Eau Claire, and
University of Minnesota at Morris.
131 | P a g e
-------
¦2%€
•*4 *
Sacred Cr eabon
Yi'lumr t. *nr
[ntKvkk (ion
i »\jik>n f>Lm tj
Ldtk 'VnL itvFVm.n"
An skna.-shr tivhi£;,«)\vtn
MM r\ \K\ 'M
>knv,-sp i£. i
Sr- ctn I 'nrv r.es
."in^n i- i n*
Work. View
F ,iri h «, wnnr.-Hn
Lincko ipv*i ,, ii rn'iiki
Anr*h .i.i.iiv- Intf" prH.rt'i»rt
EDDir Fsrvo-, <*>r •:v
f .1 \ ourle i »rr Ik*
i. rr.-dion, ->.jrr<-i-| \\.it,-r
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\\ h (1 We tr, FA >
\n"4rn, iiirr In! r" piH.iFon
r- -K1 im'u -r.r>
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Wal ri jn.-t >1 - ^ i-nnr- -• i'n to
1 h -1! -^pEc*
Anki n,nnhr* Inic- pirl il i i
v. rr.shon sK irq
,-wrrrvr 1 Moi l.sc*
Table of k on ten fa
Disruption
Volume Two
Ertviriviik (*-,.! v. i it ir r\ihi i-
Mr! hlji Mri a in) 'n Tlsh
1 Vrvi "i | I oisf in'Ht;
UN FVpt ! !c-ilih - ^-slcii^l-
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r»io\in
5 It* il'.h FJ;rrl-
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! ij-.il; h F I ki ll 11 k Ml shutrqr^
' r.-l r ick.^
> llloH 'i ll.iL Til
P ,^'ion
" V. ilrh F (irrN
• %r
F r,\ •"onTrni.-'i' ir.il'h o
F -plicnol \
Ctwitij Kr.ii',-s i >n t ,Regies
1 bmt-r is.il
Volume Iwo
lnlor\;o\vs
IF r F KF\
\\'i F.vlh
"-.nkn.naak- s itri-p'\-*i.iti, in
Ka A I
I rc*rh 1 ,ikr Wh'fi^ Fm'^M
Ani^hin.i.-il^r? 'nln p'vi.ilu in
v r>FKl \ \i j HT K1
Kcr! I ,ik- W'rl- C,ir«K
An whin, iaKr 'nl rip; cF-tum
^.v KXK Pv. >CRh'
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FH. rorte
-niHnni.« 4>c "'ilci pretation
132 | Page
-------
Volume Two
Interviews continued
TRUDY KING
Bo is Forte
Anishinaabe Interpretation
CHARLES NAHGAHNUB
Fond du Lac
Anishinaabe Interpretation
LAWRENCE L. MOOSE
Mille Lacs
Anishinaabe Interpretation
MARY MOOSE
St. James Bay, CANADA
Anishinaabe Interpretation
DAVID NIIB AUBID
East Lake Band Mille Lacs
Anishinaabe Interpretation
BILLY BLACKWELL
Grand Portage
Anishinaabe Interpretation
VALERIE LARSEN
Leech Lalce
Anishinaabe Interpretation
V
y
N
y
Table of Contents
Solution Strategies
Volume Three
COMMUNITY BASED
ENERGY DEVELOPMENT
By George Crocker
NUTRITIONAL VALUE OF
FISH. Plant sources of
Omegp 5 oils
SACRED PLANTS
By Lea Foushee
Food & Medicine Security
white Earth Wild Rice Camp
Wild Blueb errtj
Wild Strawbernj
Wild Black Raspberry
Red Raspberry
Wild Plum
Northern white Cedar
Sugar Maple
Wild Rice
Corn
Scjuash/Pumpkin
Hog Peanut/wild beans
Sunflower
white Pond Lily
Wild Plant Medicines
White Earth Tribal &
Community College
Extension Service
Planting and Care guides
Wild Strawberry
Wild Black Raspberry
Northern White Cedar
Bibliography
Glossary
Project Partners
©NAWO20I0
North American
Water office
PO BOX I/+
Lalce clmo, MN 550+2
O5I-770-W61
www.nawo.org;
Email: lfousheeQnawo.org;
$91.25 (US)
6-57 (MN Sales tax7-12?%)
$10.00 (S/H to US address)
Contact us for Canadian pricing
10% Discount for ^ or more.
Teacher's gjjide available.
Heavily illustrated with
photos, Indigenous art,
graphics, &
19th Century beadwork.
133 | P a g e
-------
Lea Foushee and Renee Gurneau
Anishinaabemowin: Mary and Lawrence L. Moose, Eddie ftenton-ftenai, and David Niib Auk id
Health for Indigenous People includes the physical, mental, emotional and spintual aspects
of an individual. Our intent is to provide a spiritual and cultural context to educate about
the threats of mercury , and other toxicants that contaminate our water, and provide
solution strategies to regain health.
"BUT, ytT TH6(^6 1$ HOPE.
AS IT 1$ SAID THXT IN TH£ TIME OF THE SEVENTH FtfkE
A NEW PEOPLE SHXLL \W!E.
WHXT you XW DOINC, WHXT YOU XKE TPvyiNC TO DO
If PXBJ OF WHXT THEy WEfkE TXLKINq XBOUT."
BXWDWXyWIDUN BENXI5E
EDDIE BENT0N-8ENXI
KIOPsIH AMERICAN WATEK OFFICE
PO BOX 174 LAKE 6LMO, MN 55042 PHONE 651-770-3861
134 | P a g e
-------
Roxxanne O'Brien - North Minneapolis Resident
PRESS RELEASE
March 6th 2017
Released by committed residents living near Northern Metals
Coordinator of Press Release: Roxxanne O'Brien, 612-217-3651
Move of Northern Metals shows Power of Residents and Environmental Justice
"Significant social change comes from the bottom up, from an aroused opinion that forces our
ruling institutions to do the right thing." - Senator Paul Wellstone (1944-2002)
The announcement Friday that Northern Metals (a metal scrap yard) in North Minneapolis, will
finally be moving out, shows the impact of collective resident action. It has been a long fight, but
the residents of N.E and North Minneapolis have been working together with other environmental
justice activists and organizations, demanding that the environmental racism and classism come to
an end.
Those of us living near and around the industrial site have been working hard for many years, to
focus regulator and policy maker attention to what we have known for a long time: that Northern
Metals and other industries in the neighborhood are emitting toxic pollution. This pollution is
overburdening our community and having a cumulative impact on the health of our families. Some
of what we did to highlight the urgency and dangers of Northern Metals:
• Organized, testified, and provided transportation to MPCA hearings that took place in St. Paul.
• Developed media stories and spoke on weekly radio programs about the pollution
• Held numerous meetings, phone calls and emails to hold accountable MPCA
• Participated in public panels to inform about these issues and presented solutions
• Joined City commissions and boards to push the city to be accountable
• Used social media to get information out
• Helped pass the city's Green Zone resolution to begin elevating environmental injustices
• Group door knocked and passed out fliers, petitions and yard signs
Much of this work was unpaid - done by mothers, fathers, children, teenagers, grandparents - not
affiliated with any organization; but by those that are committed to protecting the neighborhoods
we live in from such harms. While our work fades in the background many times, today, we stand
up to celebrate this victory, that we were so central in making happen.
For far too long the Indigenous community, communities of African Descent and communities that
have had their wealth stolen have been fighting with literally every breath we have, against greed
and corporate abuse on our human right to clean air, land and water. Although we have a long and
seemingly endless road ahead of us, today we celebrate a major victory in our community.
Polluting Industries that steal our natural capital have been a historic problem in black, brown and
poor communities. But once again we witness the power of our people coming together, standing
up, and demanding the environment that we deserve to support our healing and sustainability.
135 |
-------
As residents, today, we are a day closer to our dreams of a healthier community. Congratulations to
the people of Minneapolis and much appreciation to all who stood up in this fight. Let us keep
envisioning what we desire in our environments and how we can transform these toxic spaces into
a healing spaces.
136 |
-------
State Environmental Justice Panel Presentations
Wednesday, April 26, 2017
1:30 pm
Ed Ehlinger - Commissioner - Minnesota Department of Health
Assuring Optimal Health for All:
By Advancing Health Equity and Environmental Justice
Edward P, Ehlinger, MD, MSPH
Commissioner, Minnesota Department of Health
April 26, 2017
MDH
Minnesota
Department of Health
Welcome to Minnesota
Where the women are strong,
The men are good looking,
And all our health statistics
are above average -
Unless you are
a person of color or
an American Indian.
137 | P a g e
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Health equity and environmental justice are not about averages
They're about everyone having the opportunity to be healthy
Equality
Equity
The opportunity to be healthy is not equally
available everywhere or for everyone.
Role of public health
"The landmarks of political, economic and
social history are the moments when some
condition passed from the category of the
given into the category of the intolerable.
I believe that the history of public health
might well be written as a record of
successive re-definings of the
unacceptable
¦ Sir Geoffrey Vickers
138 | P a g e
-------
Disparities in Life Expectancy in Twin Cities- intolerable!
The opportunity to be healthy is not equally available everywhere or for everyone.
Disparities in Pollution and Deaths
Intolerable!
PM anrithxabte uum itaKh r«tu folow itmt &otpact*n u. w6ti c*.ie tfetth nt*i
Percent of residents of color byZIPcode
The opportunity to be healthy is not equally available everywhere or for everyone.
llflir* 9 PM„, attrbuiaftl# and omfertylng (rt|ht) aM cm«v dwrth |agr T\ ana oMvr) In th* Tartn Cltt»%
¦Mtvo »U by Z0 to6m
139 | P a g e
-------
To advance health equity and environmental justice,
we need to change how we do our work.
"Public health is what we, as a society, do
collectively to assure the conditions in
which (all) people can be healthy
The Future of Public Health
Institute of Medicine, 1988
Changing the Conditions that Affect Health
Requires the Capacity to Act
Capacity to Act Requires Organizing:
• Narrative: Align the narrative to build
public understanding and public will.
• Resources: Identify/shift the way
resources, systems and processes are
structured.
• People: Directly impact decision makers,
develop relationships, align interests.
140 | P a g e
-------
Advancing Health Equity
Triple Aim
of Health
Equity
Implement
Health in All Polic
Optimal Health for All
Implement a Health in All
Policies Approach With
Health Equity as the Goal
¦ Expand Our
Understanding of
What Creates Health
¦ Strengthen the Capacity
of Communities to Create
Their Own Healthy Future
Strengthen
Expand
Community
Understanding
Capacity
of Health
Expand the Understanding of What Creates Health
Determinants of Health
Necessary conditions for health (WHO}
Peace
Shelter
Education
Food
Income
Stable eco-system
Sustainable resources
IT connectivity
Mobility
Health Care
Social responsibility
Social justice and equity
Clinical
Care 1Q%
Health
Behaviors
Genes and Bioiogy^^
Physical 10%
Environment
Social and Economic
141 | P a g e
-------
Communities of
Opportunity
¦Social/economic Inclusion
¦Thriving small businesses
and entrepreneurs
¦Financial institutions
¦Good transportation options
and Infrastructure
•Home ownership
¦Better performing schools
¦Sufficient healthy housing
•Grocery stores
•IT connectivity
•Strong local governance
•Parks & trails
Good
Health
Status
Poor
Health
Status
Contributes
to health
disparities:
•DUbetes
•Cancer
• Asth ma
•Obesity
•Injury
Low-Opportunity
Communities
-Social/economic exclusion
•Few small businesses
-Payday lenders
•Few transportation options
•Rental housing/foreclosure
•Poor performing schools
•Poor and limited housing stock
•Increased pollution and
contaminated drinking water
•Fast food restaurants
•limited IT connections
-Weak local governance
-Unsafe/limited parks
Expand the Understanding of
What Creates Health
Ehlinger's beliefs about the contributionsto health determinants
Genes and Biology
Physical
Environment
Clinical
Care
Social and Economic
Factors
Health
Behaviors
Determinants are created &
enhanced mostly by policies and
systems that impact the physical and
social environment.
Disparities are mostly the result of
policy decisions that systematically
disadvantage some populations
over others.
142 | P a g e
-------
Implement a Health in All Policies Approach
with Health Equity as the Goal
¦ Minimum Wag#
¦ Paid Leave
¦ Criminal justice
» Ban the Box
¦ Transportation Policy
¦ Broadband connectivity
> E-Health Policies
• Housmg/Homelessness
MtK$M
FAMILY SUPPORT
|ADULT 4 CHILD CMK|
PWMJC TRAK514
ACnVT TRAK^RfATCIN
QUALITY ENVIPOHMEhfT
SMC SMCtS
_ COMMUNITY
W ORFKTCO MEMA
¦J in.'ilKAU I A <3WAl l"Y 9
UiVtliJWtS I houSinc*
Air/Water quality
Ag Buffer strips
Food Charter
Marriage Equity
Payday Lending
Freedom to Breathe
Health Care Reform
Implement Health in All Policies Approach with
Health Equity as a Goal
Commission on Social Deie^nv^anti of HMftti, {2010) A conceptual f/Qmewoitjof
oction ort the sotiat defermtaonrs of health Geneva World Health Organization,
143 | P a g e
-------
Strengthen the Capacity of Communities to
Create Their Own Healthy Future
Wealthy Pubfeo Policy & Pubis Work
i Puwc HMtm MHqp
f? ritTfV"*t
frrv 1| M-4U
- hum riku^fiM
- Phinuctiicili
- LliaUIUi'VKrl
- PrqakJi an iuuiM ii
Social Cohesion
"A proper community...is o commonwealth: o
ploce, a resource, an economy. It answers the
needs, practical as well as social and spiritual
of its members - among them the need to
need one another. The answer to the present
alignment of political power with wealth is
the restoration of the identity of community
and economy.
• Wendell Berry, The Art of the Commonplace:
The Agrarian Essays
144 | P a g e
-------
Asking the Right Questions Can Advance Health Equity
Expand Understanding
' What values underlie decision-making process?
¦ What is assumed to he true about the world and the role of the
institution in the world?
Health in All Policies
'What are the health and equity implications of the policy/program?
-Who is benefiting and who is left out?
Support Community Capacity
•Who is at the decision-making table, and who is not?
•Who is being held accountable and to whom?
Asking the Right Questions Is a Path to Action for Change
¦ What would it look like if equity was the
starting point for decision-making?
¦ Our work would be different.
145 | P a g e
-------
Our work would be to advance social justice
"The philosophy behind science is to discover truth.
The philosophy behind medicine is to use that truth
for the benefit of your patient.
The philosophy behind public health is social
justice."
William Foege - CDC director, 1977-1983
"There never was a higher call to greater service
than in this protracted fight for social justice."
Senator Robert M. (Fighting Bob) La Follette, Sr.
Our work would be to Advance Health Equity
and Social and Environmental Justice by:
Triple Aim
of Health
Equity
Implement
Health in All Policies
Implement a Health in All
Policies Approach With
Health Equity as the Goal
Expand Our
Understanding of
What Creates Health
Strengthen the Capacity
of Communities to Create
Their Own Healthy Future
Strengthen
Expand
Community
Understanding
Capacity
of Health
146 | P a g e
-------
Alexandra Dunn - Executive Director & General Counsel - Environmental Council of the
States
E C O S
THE
EN\TRONMENTAL
COUNCIL OF
THE STATES
50 F Street, N.W.
Suite 350
Washington, D.C. 20001
Tel: (202) 266-4920
Email: ecos@ecos.org
Web: www.ecos.org
Environmental Council of the States (EC'OS)
The Environmental Council of the States (ECOS) is the national nonprofit, nonpartisan
association of state and territorial environmental commissioners. The purpose of ECOS is to
improve the capability of state environmental agencies and their leaders to protect and improve
human health and the environment.
ECOS provides leadership on environmental issues of national importance and plays a critical
role in facilitating a quality relationship among and between federal and state agencies.
Environmental Equity at ECOS
• ECOS recently published a Green Report on State Approaches to Community
Engagement and Equity Considerations in Permitting, February 3, 2017.
o www.ecos.org/documents/ecos-green-report-on-state-approaches-to-
community-engagement-and-equity-consideration&/.
• 50 State EJ Survey Update
o ECOS is working with American University Washington College of Law,
Howard University School of Law, and the EPA to update a 50-state survey
originally completed by UC Hastings C ollege of the Law in 2010.
o The original survey is titled Environmental Justice for All: A Fifty-State
Survey of Legislation, Policies and Cases (4th Edition, 2010).
¦ http://gov.uchastmgs.edu'public-law'/docs/ejreport-foiiitheditionl.pdf
• At the ECOS 2017 Spring Meeting, ECOS partnered with the Business Network for
Environmental Justice (BNEJ) at the National Association of Manufacturers (NAM) to
host a roundtable discussion between state and corporate representatives on the many
ways companies can engage with communities.
• ECOS has held plenary sessions on environmental equity at all recent major
conferences.
• ECOS has entered into a Memorandum of Agreement on Public Health &
Environmental Collaboration with ASTHO & EPA.
o The MOA states that because the public health and well-being of U.S. citizens
relies on the condition of their physical environment, "the Parties intend to
collaborate in developing tools.. that will leverage resources and advance the
Parties' mutually shared mission of protecting the public's health from
environmental threats and hazards and advancing health and environmental
equity for all citizens."
o https.7/wTYw.eeo5.oi,g/documents./ecos-astho-and-epa-signed-memorandum-of-
agreement/
• EC'OS collaborated with the EPA Office of Research and Development (ORD) to
provide state input on EPA' s Community-Focused Exposure and Risk Screening Tool
(C-FERST).
o This tool provides information to help users identify environmental issues in
their communities, learn about these issues, and explore exposure and risk
reduction options.
o https://www-epa.gov/liealthresearch/introdnction-coinmiinitv-focused-
exposure-and-risk-screenins-tool-c-ferst
• Environmental Justice (EJ) Community of Practice
o A listserv state agency staff may join to stay informed of EJ work that involves
ECOS.
• ECOS' Environmental Justice Engagement Group Directory: State Agency Points of
Contact
o Directory of state EJ leadership.
147 | P a g e
-------
John Line Stine - Commissioner - Minnesota Pollution Control Agency
MINNESOTA POLLUTION
CONTROL AGENCY
National Environmental Justice Advisory Council
John Line Stine, MPCA
April 26, 2017
Environmental Justice:
Minnesota's Approach
Environmental Justice at MPCA
~ Began after EO 12898 signed (1994)
~ Renewed commitment in 2012
¦ Increased national, local attention/concern
¦ Governor Mark Dayton: reduce disparities
- MPCA strategic plan goal
~ MPCA Environmental Justice Steering Team
« Commissioner's Office, Division Directors
~ Community meetings: input
Mffe MINNESOTA POLLUTION
III CONTROL AGENCY
148 | P a g e
-------
Environmental Justice at MPCA
~ All Minnesotans can participate in decisions
that affect their environment and health
¦ People can influence the decision
• Everyone's concerns are considered
Environmental Justice at MPCA
~ All people benefit from equal levels of
environmental protection, quality & services
¦ Pollution does not harm one group of people
more than another
¦ Protect Minnesotans
most at risk
MINNESOTA POLLUTION
CONTROL AGENCY
149 | P a g e
-------
MPCA's EJ Framework
~ Our comprehensive strategy for
integrating environmental justice
principles into our work
~ Modeled after EPA's EJ2014 Plan
~ Completed Dec. '15
www.pca-state.mn.us/ei
~ Program-specific strategies and
tools
¦ Includes regulatory roles such as
permitting, and non-regulatory
assistance, education, grants, etc,
¦ Procedures for identifying areas of
concern and increased civic
engagement
m MINNESOTA POLLUTION
CONTROL AGENCY
Main framework approaches
~ Identify areas where lower income
Minnesotans, people of color and others may
be experiencing more harm
~ Change our approach and increase our work in
these areas:
¦ Better understand sources of pollution and risks
¦ Reduce pollution, improve livability
¦ Communicate more, better
m MINNESOTA POLLUTION
CONTROL AGENCY
150 | P a g e
-------
Environmental Justice Advisory Group
~ Advise MPCA Commissioner on MPCA's EJ
work, provide community perspective
~ 16 members from around the state
~ Mostly community members, advocates and
tribal members
~ Formed in 2016 with
community input
Meets every 2
months
m MINNESOTA POLLUTION
CONTROL AGENCY
Improve civic engagement and
outreach
~ Earlier, more frequent community engagement
¦ Build relationships and collaborate with community members,
leaders
¦ Inform early and often (example: when application received)
¦ Informal meetings in advance of public meetings
• Plain, understandable languages
¦ Transparency and follow-up
¦ Encourage facility-community discussions
~ Provide resources for community to
understand the our processes
¦ Information on where, when, and how citizen
input can have the most impact
MINNESOTA POLLUTION
CONTROL AGENCY
151 I P a g e
-------
Consideration of EJ issues in
permitting
U Understand the community
characteristics and concerns
¦ Is the facility in or near an area of concern for
environmental justice (based on race, income,
tribal areas)
• Concerns related to facility, both related to
regulated activity and other concerns.
J Evaluate impacts of proposed permit
• Effect on ambient pollution concentrations
¦ Other pollution sources in the area
¦ Other air pollution health related info
• Scale our efforts commensurate with risk
Improving regulatory outcomes
~ Reduce releases beyond regulatory limits
¦ More rigorous compliance demonstrations or practices
• Pollution prevention opportunities
¦ Negotiating a lower limit when warranted
~ Address community concerns outside of permit
¦ Re-routing/restricting vehicle traffic
« Addressing noise/odor concerns
• Facility aesthetics
~ Connect to other resources
¦ Help citizens connect with services
» Help regulated parties prevent more pollution
m MINNESOTA POLLUTION
CONTROL AGENCY
152 | P a g e
-------
Notable Examples
~ Phillips Community Cumulative Impacts
Legislation
~ Smith Foundry
~ Northern Metal Recycling
~ University of Minnesota Steam Plant
~ Hennepin Energy Resource Center
~ Afton Wastewater Treatment Plant-Snake
Mound
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ECOS- Advancing Equity
~ ECOS - Environmental Council of States
~ Association of state environmental
commissioners and directors
~ Current president
~ One key initiative for this year:
ADVANCING EQUITY AT ALL LEVELS -
ECOS will strive to advance results that best protect all
Citizens through better environmental conditions
MINNESOTA POLLUTION
CONTROL AGENCY
Thank you
Email: iohn.stine@state.mn.us
Twitter: @JLincStine
www.pca.state.mn.us
154 | P a g e
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Myra Reece - Director of Environmental Affairs - South Carolina Department of Health and
Environment
South Carolina Department of Health and Environmental Control
SC Environmental Justice:
Where We Have Been...
Where We Are...
Where We Are Going.
Myra C. Reece, Director of Environmental Affairs
South Carolina Department of Health and Environmental Control
SC: A Long History of EJ Work
and Commitment
• Pivotal moment in 2Q03...,"a better way"
• Public Participation/EJ Taskforce
• Expanded Office of CE and EJ
• Began Public Participation raining for all
staf (EPA Grant, Office of Civil Rights)
¦ 2004 Public Participation/EJ added to our
Agency's strategic plan (Top Leadership
Support was critical)
• "Leadership changes"
155 | P a g e
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Vt
&
M dhec
South Carolina Department of Health and Environmental Control
History - Continues
(2008-09) World Cafe Public Participation
and Environmental Justice "listening
sessions"
• Resulted in 12 priorities and workgroups
Community and General Assembly
Leadership: SC Representative Harold
Mitchell Jr,
• Introduced a bill - established a SC EJ
Advisory Committee
• ReGenesis - model for collaborative problem
solving
T^dhec
South Carolina Department of Health and Environmental Control
More History
(2008-09) World Cafe Public Participation
and Environmental Justice "listening
sessions"
• EARLY & OFTEN COMMUNICATION
(MEANINGFUL INVOLVEMENT)
• Resulted in 12 priorities and workgroups
Community and General Assembly
Leadership: SC Representative Harold
Mitchell Jr.
• ReGenesis - model for collaborative problem
solving
• Introduced a bill - established a SC EJ
Advisory Committee {Words matter!)
156 | P a g e
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T dhec
South Carolina Department of Health and Environmental Control
More History
2009-12 Cooperative Agreement from EPA
• LEAP: Leaders in Environmental Action Pilots
2013-14 SC Environmental Justice
Leadership Forum/School
^dhec
South Carolina Department of Health and Environmental Control
History informs how we roll
today
I EXAMPLE ONLY: Clean Power Plan
• Set up an energy coalition BEFORE proposed
rule was drafted (EJ reps at the table)
• Established Regional EJ Hubs - assisted with
public meetings & and engaged in EPA's rule
making process
• Although CPP rule has been stayed, communities
and utilities still working together to bring RE to EJ
communities
157 | P a g e
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Vt
&
M dhec
South Carolina Department of Health and Environmental Control
"No Two States are Alike" in EJ
Strategies/Plans
SC'S APPROACH (inside and out):
• "BUILDING A CULTURE" - NOT A "PROGRAM"
• REQUIRED "SKILL" - LEADERSHIP POSITIONS
• FOCUS ON BUILDING TRUST, RELATIONSHIPS,
RESILIENCY within COMMUNITIES
• FACILITATE COLLABORATIVE PARTNERSHIPS &
LEAVERAGING RESOURCES
• "THE VALUE OF CONVENING and
COLLABORATIVE PROBLEM SOLVING"
^Pdhec South Carolina Department of Health and Environmental Control
Future Efforts...Built on a Solid
Foundation.
158 | P a g e
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T^dhec
South Carolina Department of Health and Environmental Control
SC EJ Action Agenda
Drinking Water
Air Quality
Hazardous Waste
Coastal Resilience
cm"**"4
^dhec
South Carolina Department of Health and Environmental Control
Bridging the Cap
Health and the Environment
• Kicking it up a notch
* Health and Environmental Equity Lens
• Minority Health Month
* Rep Mitchell - guest speaker (health &
environmental staff)
• New and expanded partnerships
* Academia, Legislative Black Caucus, SC
Commission for Minority Affairs
159 | P a g e
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Vt
&
M dhec
South Carolina Department of Health and Environmental Control
Closing Thoughts...
EJ and community issues are real and
very important to SC DHEC.
Being proactive, convening stakeholders
and continuing the ReGenesis
collaborative problem solving model has
benefitted our communities.
Our partnership with EPA has been and is
very valuable.
Much more work to be done....... (Stay
Tuned!)
T^dhec
South Carolina Department of Health and Environmental Control
"1 know of no safe depository of the
ultimate powers of the society but the
people themselves; and if we think them not
enlightened enough to exercise their control
with a wholesome discretion, the remedy is
not to take it from them but to inform their
discretion."
-Thomas Jefferson
160 | P a g e
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"1 know vif
ultin >>>**' powers ofthesou^v kui liic
people themselves; » ih5 n wk Unit!, n^--! hc>
enllrjiH^i d -i^iugfi .;holes
-------
Arsenio Mataka - Assistant Secretary for Environmental Justice & Tribal Affairs - California
Environmental Protection Agency
ENVIRONMENTAL
JUSTICE
Arse-nto Mataka
California Environmental Protection Agency
LEGISLATIVE
FOUNDATION
9
CALENVIROSCREEN
f
INITIATIVES
162 | Page
-------
LEGISLATIVE
FOUNDATION
HILDA SOUS
SENATE BILL 115
1999
• Environmental Justice
definition
• Required ColEPA to
conduct programs in
line with EJ definition
LEGISLATIVE
FOUNDATION
MARTHA ESCUTIA' Interagency Working
SENATE BILL 89 Z°zon En ronmental
2000
• Required CalEPA to
develop on intra-
agency environmental
justice strategy
• Established ColEPA
Advisory Group to assist
the Working Group In
developing strategy
-------
LEGISLATIVE
FOUNDATION
KEVIN DE LEON
SENATE BILL 535
2012
• Minimum of 25
percent of the total
investments from cap
and trade funds are
required to benefit
disadvantaged
communities
• Requires CalEPA to
identity
"disadvantaged
communities".
LEGISLATIVE
FOUNDATION
RIGARDO LARA
SENATE BILL 673
2015
• Hazardous waste
permit criteria must
consider vulnerai lity
of and health risks to
nearby populations
• Regulations will
include criteria for
number and types of
past violations that
will result in a denial
164 | P a g e
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MY STORY
165 | P a g e
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SOLID WASTE
TOXIC RELEASES
IMPAIRED WATER
BODIES
BBBgfeT -***&&?> „
%
V N
- VULNERABILITY
SlT T? u>
U.I 5 '" AVG4y*on'Criar%^«aoi5 *
~ ^
mt
1 r - \ f >*V
EDUCATION ASTHMA POVERTY
166 | P a g e
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CALENVIROSCREEN
SCIENCE BASED
ENVIRONMENTAL HEALTH SCREENING TOOL
CALENVIROSCREEN
• Spatial analysis of relative burdens in California
communities from Hutu and population
vulnerability
• 20 indicators
• Combined into a single ranked score
-------
POLLUTION
BURDEN
CalEnviroScreen vulnerability
POLLUTION
-------
VULNERABILITY
169 | P a g e
-------
• Tracr 60990071OG
PbpiA*t**i
C*£ nvtroScnHMi 1 0
fatluflon Hu'darv AvOffUl*
f\>pulaTXX< CU'ILUIIIKS
Oo-'CO*
AIRPORT
PM2.5:
PriK idov
Tonic IMmiii
IMfc
Dnnlung Ww*
Ooanupt
C.routdwWe- ThretO!
Hia-dojs Wittc
l"ip«MKl A«l«r
Solid WMa
Low Birth W«iyhi
I jlj- Htui
ftmrty
Uwnployrwt
Hojur-S I5u'd«r
74
01
ft
at
«
4?
*4
72
tS
«s
®5
98
*5
99th
52%
70%
Cumulative pollution
burden worse than 99
pe'cenl of the State
Percent of the
population over age 25
will less than a high
school education
Percent of the
population living
below two times the
federal poverty level
170 | P a g e
-------
'MTU
NORTHERN ¦
Ik«N
CAUFORNIAi\
u#
TOP 1%
v»y*»
STATEWIDE
IIWIW
1 pttik »wwi
¦MM, tlrfM*
Gv . . 1
iMn*
Ut to*
In ««•• .
a?
WfMMH ,
SOUTHERN
CALIFORNIA
TOP 1%
STATEWIDE
171 | P a g e
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THE "R" WORD
i
Racial/ethnic Makeup of Each Decile of CalEnviroScreen Score
¦ Whir# • HtefMflfc a AU4n/P«eitW fctad* African Aw**« ¦ Oth»»/Mol!ipl#
I »«P ¦¦ OG3
SQ ~ ~ il ra
M ^ M M
r%
ux ¦'»I >sy ¦ r>>. IIAI in ¦ in ¦ ~* ¦ r%
70%
fiO*
so*
40%
10%
20%
10%
0%
I 2 I 4 I « 7 I 9 10 All of Caldorm*
21
Lowest score » Most impacted
Fraction of Each Group's Population in Each Category of
CalEnviroScreen Score
1 White ¦H lipame ¦ Allan/Pacific lilande* African American ¦ OtKer/Muftipie ¦ NaT toe American
3 4 5 f 7 «
Decile of CalEnviroScreen Score
10
10%
10%
Eavil
distrHKrtKin
Least impacted
-*¦ Most impacted
172 | P a g e
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Casa
familiar
San Dargo Stat*
University
University of
Washington
fry
California
Environmental
Protection
Agency
Community
Olfrce of
Environmental
Health Hazard
Assessment
173 | P a g e
-------
EJ TASK FORGE
174 | P a g e
-------
THANK
YOU!
Arsenio Mataka
arsenio.mataka@calepa.ca.gov
175 | P a g e
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Melissa McGee Collier - Director Office of Community Engagement - Mississippi Department
of Environmental Quality
Mississippi's Approach to
Addressing Environmental
Justice
SOLVING ENVIRONMENTAL JUSTICE ISSUES THROUGH
ENGAGEMENT
National Environmental Justice Advisory Panel 2017
23"° annual Meeting
Community Engagement
The Office of Community Engagement was created to address:
The need for timely and accurate information, in formats that everyday people understand
The need for everyday people to have access to environmental educational opportunities,
The need for equitable & authentic participation indecision making processes
The need for effective relationships and partnerships with external stakeholders
2010 - Office of Community Engagement (OCE) was created as a direct report to the MDEQ
Executive Director, to address existing and new Environmental Justice concerns in
Mississippi.
2014 - OCE was given oversight of the Small Business Environmental Assistance Program
T5SEAP).
176 | P a g e
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MS DEO. Objective
Through the Office of Community Engagement, the
agency seeks to achieve significant meaningful public
participation in partnership with communities, local
government and industries; and to build the joint
capacity of the state, communities, industries and
EPA to address community environmental concerns.
VARIOUS ENVIRONMENTAL ISSUES
177 | P a g e
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WATER
ISSUES
v-/ERA ^
f nti-rnnfr*nej|i Study in
E*U*cti Hetglili, Granidi. Miui*lc>pi
•rf-onww-ioH AnojT Yooa Tap Watcr
©
Total Maximum Dally Load
For Aluminum
In Rlverdale Creek.
Yllobuftiia. Grenada Counrtiw. MiMift&tpfri
VlIW Rivtrf
!Mir
LAND, GROUNDWATER and HAZARDOUS
WASTE ISSUES
1
Environmental Concerns With
Chromated Copper Arsenate (CCA)
Treated Wood
Ihwmr iU»h hpiM«» «mJ wtinni ¦
_ tiirtki ilaimlmniii* iiMiidim
I % Kiwi ki M«>«* Mini
Naval Air Station Meridian, Meridian, Utiiaippi
ComM' ',r > "'-r-r^r'l
/ C tiso;
tawM! *"v S* Ipt; ><«•••::
Drt^MrfcrttyriM *s?
(0 ARCADIS
mencuiMS
»l I « MHIMB* ».r» » . Mt
gffx^pjyaewar
r
Si— -^* " •"** *
••*».¦= srr^s^sssw
178 | P a g e
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AIR ISSUES
ENGAGING THE ENTIRE STATE- ALL PEOPLE
H||l| _
J' ¦
r?£! ^h5FF a a H^^^Kwni
^HKv < 4 <¦ 1^^ wSEJM^
^f^l|kwL.i ¦ ,,.m» ii, i
BBHHHBBp 'wK H i mi - ¥
Ifc
V M fcil M&rJIiJ*? ky
; * l./ aTm: lW5T
Amfr ' s i Tl/l -
• ^Fle hwt? 1 1 ««* >^B"r ^w .15^
v3MI H j *1 f ^ T®k jL.
pi ^
i/*' p
82 COUNTIES-2.994 MILLION PEOPLE
179 | P a g e
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'hOihhmw
Hen
Thursday, Odofetr 17,2U13
6MPM-B.MPH
Danny Hincon Ccmmurvty
Center
22S TaCum Ret
Hsttiasbunj, MS, 33401
MM Anteare Ar brnpftrg
Srmt^ic C«ll4bAriifion of
lrtdyiViP* Surrayndingi lajrou
C-asotte. tasc*guult. MS
CO
PROVIDING
ENVIRONMENTAL
EDUCATION
jC\
06
H||ss|\sCN"1 DEPHilMEMOf EWHWMEM\l QT \l in
COMMUNITY NOTICE
M ZkMttfPVll lav:
fJifciSII
tttkrr. Vi JWfl
FK*OTilM MCi > 5it-St*S
ilAJtcH im
!¦>! C HEMK \L ( vUvfUII* CjU kwin ( ffliiMH
p«c kotmx Mt
i KLc k> »irt *i MM hhml Kj«Lm fotcmxk. Jdfe, k» n ri* kbiwiqspi
I>,.. .*¦ II,., „.f,, <>1.1? ». .• .1 i fife V (iyvijii*:
hml (krf. UWWiil =rjr»il ti dm Inn famwwi femal llcf N* thhw^Mi i*i mrrtl
'!•-» Kit HUiaknl^lrllwimK *r«nl «fcf MKIMiUU-UI|
WHA1 CO rotT K>t
fCWIMIHM
MTOTMMH
rmu nmniK
fMOHT
Expanding Community Capacity For
Problem Solving Through Partnership
Steps
Coalition
610 Water Street, Biloxi, MS 39530
(228) 435-3113
Building Partnerships
for a Healthier Gulf
Wlftt ^
Center For Environmental A Economic Justice, Inc.
SAVE THE DATE
180 | P a g e
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COLLABORATION
r
Strategic Collaboration of
Industries Surrounding Bayou
Casotte, Pascagoula, MS
tMMM-f II, MI4
i u pm- i n
S I C. N \ 1
I-M3 l»U
I S T f it S \ V I O S A I
Signal International - West Yard
tot (load ^atragcuU MS
Pascagoula
bp"
Chevron
Chemours'
Strategic Collaboration Effort: The Bayou
Casotte Industrial Park Dust and Odor
Assessment
epww
14 'pi
Site Dust Control Plan
Locai F.wfluwv Pt^svrvt. O.jooirrrtx
fiflLEPC II
safen m friwfktlgc' ^ B
KINDER MORGAN
Ingalls
Shipbuilding
Melissa McGee-Collier
mcollier@mdeg.ms.Qov
601-961-5025
MISSISSIPPI DEPARTMENTOF ENVIRONMENTAL QUALITY
OFFICE OF COMMUNITY ENGAGEMENT
181 | P a g e
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Youth Perspectives on Climate Change Workgroup Charge Update
4:15 pm
Youth Perspectives on
Climate Justice Workgroup
National Environmental Justice Advisory Council (NEJAC) Presentation
April 26, 2017
Minneapolis, Minnesota
Presented bv Workgroup Members:
SamanthaShattuck, Kayla DeVault. KathyTran
It
Since October
Introduction
Charge 1
Charge 2
Editing Section
Anthony Torres (L)
Devin Crowther
Stefan Petrovie
Yudith Nieto
Nikita Robinson (L)
Kayla DeVault
Melake Getabecha
Amanda Neshewat
Eriqah Vincent (L)
Samantha Parker
Pee Agyei- Boakye
Zoe Ackerman
Kathy Tran (L)
Amber Vignieri
Maya Carrasqwilio
Samantha Shathwk
OurNBJAC workgroup members provided input ai different stages, including timeline
and work division planning, management, and report design.
182 | P a g e
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Charges
The NEJAC tasked the Working Group with address«ng two charges related to empowering youth on cimate action
and promoting collaborations between youth and the pubbc, pr ivate and non-governmental sectors. The charges
include:
Charge 1: How can £PA effectively engage wW yuutfi ott cfasrte change and adaptation planning using new
resources ond rooJi designed to he4c> ronwronrtre's (lecoine more resilient and better protect themselves from the
inpocK of climate change ? What activities and metAontems (e.g. polky. guidance, or protocol) shoukl CPA consider
to authentically engage and wor* oaJAarlMfoWveiy witti youtfi, oncf orJrer interested stakeholders, to Identify and
address cHmtte cftonpe tepoflS on overburdened and vulnerable communities?
Charge 2: What best practices, including efforts to address the compounding health vulnerabilities brotight on by
cftnote change, con be provided using youth-drhvn projects from octoss tfte United States from which results-
oriented recommendations can be drawn?
Charges and Overlap
CBata£2
Meaning of Authentic Engagement
Being transparent and honest about motivations, roles, and capacity
Building long-term relationships based on mutual
respect and co-learning
Asking many questions and being willing to change your mind
Allowing community members to maintain ownership
Being open to changing perspectives, approaches,
or methodologies
Approaching communities early on in the process
183 | Page
-------
1 Lessons Learned 1
Best Practices
Challenqes
Meeting communities where
Cultural gaps between
they are
government and communities
Active listening
Gaining community trust and
buy-in
Providing an environment that
builds relationships
Limited resources
Developing youth leadership
Process Feedback
Next Steps
Gathering Input from Youth and NEJAC members at the Convening
- Discussions about feasibility, division of labor, action Hems
Report drafting:
- Restructuring flaw, organization, and division of labor
- Refining the report format
- Expanding the best practices
- Designing the layout of final draft, adding visuals
- Editing through multiple rounds
184 | P a g e
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Questions from Youth Working group ... : Feedback from NEJAC Council
185 |
-------
Tribal Panel Presentation
Thursday, April 27, 2017
Levi Brown - Environmental Director - Environmental Lands Department Leech Lake band
of Ojibwe
I .eeeli I ..ike l'.nvironmental I and Department
Community Focused Decision Making
Leech Lake Band of Ojibwe
Location North Central Vfirmriota
5kt*: BAbMbitaes
Citireru
Reirrvarion Population 7.7^0 (6*VTribal I
Oovrinuieot He-Jr.1 qu-u trrt Like
Govrntmenf has over 1600 employees
N'cl^ibufi: Itaiu, Cats. Kuhhud and BeLixAiru
186 | P a g e
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Community Outreach
/
"II our communities and individual community members do
not understand why we have environmental regulations then
it does not matter how great our written environmental law
are, because true environmental protection will come from
individual community members being good stewards of the
land."
NEED AND PURPOSE
Any law or ordinance success relies on individual compliance
Education of tribal and non tribal community only strengths
sovereignty
Being active and visible in community helps bring awareness
Help to change the social norms
187 | P a g e
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PARTNERS
ENVIRONMENTAL SUMMER'YOUTH
STEWARDSHIP GUIDE
Publics guide to understanding I.I E1D Priorities
* LOCAL PARTNERS
Cass I-tkr City Council meetings
Need Support tot Sufpcitfmxl site Clean up
Local Indian Council meetings
Ttltal Community dihw policy
Township Meeting*
Nou tribal members bas e a vested interest
County Board Mretirajs
Suppon for funding tito*infield
Grass Roots Organizations
Organising "Hoao* die EardT
• M us( always be open and« t*><*» € trust Amongst any partners before moving forward on any issue
Environmental and 1 lealt h Issues
Direct Threat to Lifeways
Water Surface and Ground
Clean up of the St. Regis
Superfund NPL Site
Enforcement ofTribal HSCA
Deforestation
CNF Most Commercialized
Forest in country
Waste Water Infrastructure
BIA development lacked long
term planning
Lmli Ltlf I nnmnincnul
Summer Youth lAperirmtf!
188 | P a g e
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What can EPA do?
Support tribes decisions and defend their inherit authority
to make those decisions
Strive to understand their decision making modules could be
different
"It is long past time that the Indian policies of the Federal
government began to recognize and build upon the
capacities and insights of t he Indian people. Both as a
matter of Justice and as a matter of enlightened social policy,
we must begin to act on the basis of what the Indians
themselves nave long been telling us. The time has come to
break decisively with the past and to create the conditions
for a new era in which the Indian future is determined by
Indian acts and Indian decisions." President Nixon IQJO Address to U.S.
Congress
En\ iron mental and I iealth Successes
Direct Threat to Lifeways
Pipelines Prefer to avoid
reservations
Clean up of the St. Regis
Superfund NPLSite
EPA Region 5 and LL.BO
using Tribal HCSAasaARRA
Deforestation
Joint Decision Making Model
Waste Water Infrastructure
Using EPA 106 funds to
identify needs and threats to
water resources
Lcm li IjLc I rmmnini'iiul
Summer Yuutlt t xprricmr.'
WrtKi*.
Qmni|0)niA fen
Hit#I {*4nnn W*r* *
-------
W11 ATS II IE MY TAKE AWAY?
Build Human Partnerships
Community Involvement helps drive solutions
Trying new things gets new results
Leech 1-ake Environmental-Land Department Contact
Levi Brown, Environmental-
Land Director 218-308-0806
Onty alter the Last net ha* been rut down:
Only when the Us» twrku be«i poi»o«ne(i
Only \*hea the be* fuh hat been caught;
Only then will you realize that money cawux be eaten.
f • Wi
A
fZ
1
190 | P a g e
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