SUMMARY OF THE MEETING OF THE
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
Gulfport, Mississippi
March 16 and 17,2016
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PREFACE
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory committee that was
established by charter on September 30,1993, to provide independent advice, consultation, and
recommendations to the Administrator of the U.S. Environmental Protection Agency (EPA) on matters
related to environmental justice.
As a federal advisory committee, 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.
• The advisory committee must provide independent judgment that is not influenced by special interest
groups.
EPA's Office of Environmental Justice (OEJ) maintains summary reports and/or transcripts of all NEJAC
meetings, which are available on the NEJAC Web site at
https://www.epa.aov/environmentaliiistice/national-environmental-iustice-advisory-council. Copies of
materials distributed during NEJAC meetings are also available to the public upon request. Comments or
questions can be directed via e-mail to nejacffiepa.gov.
NEJAC Executive Council Members in Attendance
Margaret J. May, NEJAC Chair, Executive Director,
Ivanhoe Neighborhood Council
Javier Francisco Torres, NEJAC Vice Chair, Border
Environment Cooperation Commission
Teri Blanton, Kentuckians for the Commonwealth
Kerry Doi, Pacific Asian Consortium in Employment
(PACE)
Ellen Drew, Rural Communities Assistance
Corporation
Michael Ellerbrock, Virginia Polytechnic and State
University
Lisa Finley-DeVille, Mandan, Hidatsa & Arikara
(MHA) Nation Tomorrow
Savi Home, Land Loss Prevention Project
Cheryl Johnson, People for Community Recovery
(PCR)
Melissa McGee-Collier, Mississippi Department of
Environmental Quality
Vernice Miller-Travis, Maryland State Commission on
Environmental Justice and Sustainable Communities
Richard Moore, LosJardines Institute
Edith Pestana, Connecticut Department of Energy &
Environmental Protection
Cynthia Rezentes, Mohala I Ka Wai
Dennis Randolph, Public Works, City of Grandview,
Missouri
Deidre Sanders, Pacific Gas and Electric Company
Fatemeh Shafiei, Spelman College
Nicky Sheats, Thomas Edison State University
Paul Shoemaker, Boston Public Health Commission
Horace Strand, Chester Environmental Partnership
Mily Trevino Sauceda, Alianza Nacional de
Campesinas
Sacoby Wilson, Maryland Institute for Applied
Environmental Health
Jill Witkowski Heaps, Choose Clean Water Coalition
(by telephone)
Beverly Wright, Dillard University
Kelly Wright, Shoshone-Bannock Tribes
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NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Gulfport, Mississippi
MARCH 16 and 17, 2016
MEETING SUMMARY
The National Environmental Justice Advisory Council (NEJAC) convened on Wednesday, March 16, 2016
and Thursday, March 17, 2017 in Gulfport, Mississippi. This synopsis presents highlights of the NEJAC
members' deliberations during the 2-day meeting, including action items, requests, and
recommendations; and briefly summarizes the issues raised during the public comment period.
1.0 Welcome and Introductions
The National Environmental Justice Council (NEJAC) convened in Gulfport, Mississippi at 9:15 a.m.
Matthew Tejada, the Designated Federal Officer, noted that there was a quorum of members present
and handed the meeting over to Margaret J. May, Chair. Members introduced themselves and their
affiliations.
1.1 Dialogue with the U.S. EPA Administrator
Heather McTeer Toney introduced U.S. EPA Administrator Gina McCarthy. The EPA's new "Making a
Visible Difference" program looks to strengthen its message through partnerships with the public health
community. By doing so, the EPA hopes to highlight the public health consequences of deteriorating
environmental conditions and to form mutually beneficial partnerships with public health organizations.
The World Health Organization recently corroborated this approach, releasing a report that highlighted
the number of people who die from environmental exposures.
Minority or low-income communities suffer the most from environmental exposures. Administrator
McCarthy said that the EPA still has a lot of work to do to address this issue. The water crisis in Flint,
Michigan epitomizes many of these issues. Even though progress has been made towards alleviating the
problems there, the community needs to be given a political voice going forward. She vowed that the
EPA will do everything in its power to ensure that poverty does not prevent a community from receiving
necessary environmental protections, as it did in Flint. Accordingly, the Environmental Justice 2020 (EJ
2020) plan will be adjusted accordingly as issues like this one come to light.
Beyond writing national rules for environmental impacts, the EPA has been working to increase its
visibility in the realm of interagency interactions as well as in the public's eye. Mustafa Ali, the Senior
Advisor to the EPA Administrator, has worked hard to invigorate the Environmental Justice Interagency
Workgroup under President Obama, ensuring that environmental justice is a common aim across federal
agencies.
Last month the EPA launched the Drinking Water Mapping Application to Protect Source Waters
(DWMAPS).
Administrator McCarthy ended her comments by thanking NEJAC for the work it's done on the Clean
Power Plan. She assured members that, despite the Supreme Court's decision, the Clean Power Plan will
pass rigorous legal testing and that it will survive to be put into action. She emphasized the importance
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of continuing to work hard in the final ten months of the Obama administration to bring current projects
to fruition.
Deidre Sanders, Pacific Gas & Electric Company, voiced concerns over a lack of evaluation by the EPA
around concurrent, conflicting policies, especially surrounding Smart Growth and Sustainable
Communities. Efforts to reduce sprawl and to reduce vehicle miles traveled are not being brought to the
local city planning level and are therefore not as effective as they could be. Administrator McCarthy
agreed, replying that the EPA has been trying to work with HUD and DOT to address these issues. The
inertia against changing longstanding habits is the biggest impediment.
Richard Moore, Los Jardines Institute, asked where, in the administrator's opinion, the EPA is on
inherently safer technologies. The administrator noted that new rules concerning inherently safer
chemicals had been recently published for comment in the Federal Register, in response to incidents in
west Texas among other places. The EPA has been preparing for a conversation about the problems
posed by researching and implementing inherently safer chemicals during the planning process,
especially in Local Emergency Planning Committees (LEPCs).
Dennis Randolph, Public Works City ofGrandview, Missouri, commented that in his opinion state
regulators are at the heart of the problem in the Flint water crisis because they don't have any contact
with those whom they regulate.
Nicky Sheats, Thomas Edison State University, pointed out that participation in communities is a
necessary but insufficient condition for environmental justice to be served. He went on to ask whether
Flint would provide a sufficient basis for formal rulemaking with regards to EJ communities, where they
would be identified and policies that would protect them would be promulgated.
Mily Trevino Sauceda, Alianza Nacional de Campesinas, asked what level of stakeholder input would be
involved in the implementation of the new Worker Protection Standards. Farm worker groups need to
be included in the EJ communities' discussion. She also noted that pesticide labels need to be better
translated into Spanish and that warning labels about how individual chemicals react to heat stress
should be considered.
Vernice Miller-Travis, Maryland State Commission on Environmental Justice and Sustainable
Communities, protested the continued lack of enforcement of civil rights issues by the EPA, noting the
numerous Title VI complaints that had been filed with the agency going back 22 years. She accused the
EPA of promulgating specious legal theory and chastised the agency for not doing enough to recognize
that civil rights issues required specific attention apart from environmental issues.
Melissa McGee-Collier, Mississippi Department of Environmental Quality, pointing out that poor
infrastructure is an issue not just in Flint, Michigan, but all over the U.S., asked if the EPA Water
Infrastructure and Finance Innovation Act established a timeline for funding municipalities to address
such issues.
Teri Blanton, Kentuckians for the Commonwealth, assured the administrator that student and
community groups in Kentucky stood behind the Clean Power Plan.
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Cheryl Johnson, People for Community Recovery, commented that public housing developers are being
allowed to construct housing that uses substandard materials in terms of energy efficiency.
The Administrator responded to each of the participants in a general comment. As far as the Flint water
crisis is concerned, the Lead and Copper Rule needs to be more robust, as well as other acts. She agreed
with Dr. Sheats that the issues in Flint went beyond community participation and that the EPA could be
more transparent in terms of testing protocols and results within communities with EJ concerns. In
response to Ms. Trevino Sauceda, she assured her that there is an interagency task force in place
working on some of the issues she raised. In response to Vernice Miller-Travis, the Administrator
acknowledged deficiencies in the Civil Rights Office and resolved to work on reforms in the future. As for
Ms. Blanton's comment, the Water Infrastructure Finance and Innovation act may leverage up to a
billion dollars in water infrastructure funding in the 2017 budget.
1.2 Community Recovery and Revitalization: The Resiliency of the Gulf of Mexico
Bishop James Black, Center for Environmental and Economic Justice, praised the residents of the Gulf
Coast for their ability to spring back from disasters and trying environmental conditions, like yearly
flooding. But despite their resiliency in these areas, a lack of governmental support has prevented
impoverished communities from making a full recovery. During Hurricane Katrina or during the BP oil
spill, some residents simply did not have sufficient resources to leave the area for a more viable
location. Things are not improving. The $500 million which HUD gave for housing improvements to the
state was instead used to make improvements related to industry. A joint study among several
prominent universities revealed some of the physical and psychological states of the residents after
these disasters. Bishop Black highlighted the prevalence of depression. He sees a deep need in these
affected communities for guidance in strategic pre-and post-disaster planning.
Melanie Baldwin, City of Prichard, noted that her city might be on an alternate side of the area's
recovery, as the city of Prichard was one of the recipients of a Sustainable Communities Technical Grant.
Despite being historically disenfranchised, such grants give city residents some of the economic
opportunities they need to recover. Above and beyond funding, seminars and other educational tools
are necessary to inform the local community about issues such as brownfields or that the presence of
methyl mercaptan is causing illnesses. Ms. Baldwin suggested that more cities on the Gulf Coast need
staff to serve as technical coordinators facilitating the proliferation of funding and educational tools in
these communities.
Councilwoman Ella Holmes-Hines, Gulfport City Council, welcomed the NEJAC to Gulfport on behalf of
the local government. She lamented that a history of racist practices that has negatively impacted her
community. She also emphasized how disconnected federal agencies are from the local communities
they are attempting to support. She affirmed the previous two speakers in commenting how adversely
the volatile weather of the Gulf Coast impacts Gulfport residents.
Thao Vu, Mississippi Coalition for Vietnamese-American Fisher Folks and Families, explained how
Mississippi's status as one of the most impoverished states in the nation means that there is a lot of
work to do there at all levels of government. The fisher folk community tends to have language access
issues among other disadvantages that make recovery difficult despite the economic benefits fishing
provides to the state. Because these Gulf Coast communities rely on equipment like boats and docks,
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they are particularly vulnerable to oceanic disturbances like oil spills and hurricanes. "Resiliency" has
been an overused term that organizations often use as an excuse for their negligence. She criticized the
Federal Register comment process as being inaccessible and opaque to EJ communities, because it relies
on literacy in federal procedures as well as computer access. Even though viable plans for community
assistance have been outlined, they have not been implemented, in part due to the difficulty of
interagency communication.
Patricia Whitney, Bayou History Center Incorporated, stated that, because the poorest live closest to
the water in a river system, a large number of minority and impoverished populations live in the areas
most prone to flooding and other disasters. The Mississippi Delta area of south Louisiana loses about
one football field's worth of land every 45 minutes to rising sea levels. This community is especially
vulnerable because it is the least transient community in the United States and therefore has no history
of migration, let alone the resources needed to settle somewhere else. She emphasized the
disproportionate lack of attention the delta's residents receive versus the economic importance of the
region in terms of energy production and interstate commerce.
Ebonye Allen, Interim Director, U.S. EPA Gulf of Mexico Program, discussed the efforts underway to
alleviate some of the conditions the previous speakers have discussed. EPA's Gulf of Mexico Program
was founded as a non-regulatory way of funding projects and providing technical assistance to
communities in the wake of the many disasters that have occurred there over the last decade. Affiliated
programs like the Building Blocks Program, as well as grants provided by the Office of Sustainability, aim
at reducing burdens in EJ communities, rehabilitating fisheries, and directly engaging residents in their
community's recovery. The Coastal Communities Resilience Index was created in order to identify
relative levels of need in the Gulf Coast. The program's main office recently moved to Gulfport in order
to be more centrally located.
Michael Ellerbock, Virginia Polytechnic and State University, asked Councilwoman Holmes-Hines what it
specifically was in her view that wiped out black communities in Gulfport. Councilwoman Holmes-Hines
responded that she meant biased zoning activities.
Melissa McGee-Collier asked if the panelists thought that recovery funds from the BP oil spill were
being used more for economic development than they were for community development, and if so, how
could communities use such funding. Thao Vu responded that, her community for example, would
benefit from scientific education and training around some of the issues fisheries face in their recovery.
With such training, they could return to their livelihoods ready to work in a more sustainable fashion.
She went on to say that a lot of the proposed projects are for communities that are distant from the
nexus of the disaster. James Black added that some community's reluctance to reach out for help and to
voice their concerns has complicated the task of providing support. Melanie Baldwin responded that it's
not so much that they needed community development funding over economic funding, but that that
economic funding had to be better diversified.
Savi Home, Land Loss Prevention Projects, asked what the panelists' relationship to the Rural
Development branch of the USDA has been, since there's some overlap with EPA programs. Patricia
Whitney responded that there has been no funding from Rural Development programs and that, if there
has been, it has been very little.
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Richard Moore asked if there had been constructive recommendations back from EPA's Region 4 from
their input during the working group sessions and has there been similar feedback from the interagency
working group on environmental justice. Mustafa Ali, Senior Advisor for Environmental Justice, gave a
history of the interagency working group and reported on its current projects. He assured Mr. Moore
that there would be communication between Region IV and the interagency working group.
Paul Shoemaker, Boston Public Health Commission, asked what was done right in terms of meaningful
community engagement post-Katrina and post-BP oil spill. Patricia Whitney responded that those
agencies that took the time to listen to local communities had the most positive impact.
Sacoby Wilson, Maryland Institute for Applied Environmental Health, pointed out the difficulties in
restoring overburdened communities when those communities have been historically disadvantaged.
Patricia Whitney commented that resilience was less about returning to a previous state and more
about being prepared for the future.
Kerry Doi, Pacific Asian Consortium in Employment, commented that Asian communities often get left
out when disadvantaged minority communities are discussed.
Nicky Sheats asked James Black if he could give some concrete idea as to how many people left the Gulf
Coast due to these disasters. Bishop Black responded that between 20,000 and 25,000 people left and
only around 6,000 have returned. Dr. Sheats also asked EPA why it takes so long to receive responses
from the agency.
1.3 Community Recovery and Revitalization: Resources and Technical Assistance for Communities
Richard Gragg, Florida A&M University, presented ways in which he thought colleges and universities
could support EJ communities. Universities have "social capital" and therefore have the ability to do
such things as offer scholarships to students within a community facing environmental justice issues in
order to equip them with the necessary tools to address those problems. Historically Black Colleges and
Universities (HBCUs) are already leveraging their community resources to study diversity and food
security, an issue Dr. Gragg believes to be essential to environmental justice issues. He suggested that
the NEJAC produce a report on the importance of HBCUs to the environmental justice movement.
Richard Mushi, Mississippi Valley State University (MSVU), spoke about activities in the city of Itta Bena,
Mississippi, where MSVU is located, as an example of what can be done in cities that lack resources.
Despite budget constraints, Dr. Mushi and his colleagues at MSVU have come up with low- or no-cost
ways of educating and training the community in Itta Bena, Mississippi on EJ issues. Itta Bena benefits
from a recycling program begun by MSVU as well as a program in sustainable development funded by a
grant from the EPA, among numerous other programs. Itta Bena suffers from declining infrastructure
and brownfields, though the EPA has awarded the city grants to redevelop those spaces. Despite these
grants, citizens of Itta Bena continue to discover polluted areas that will require more assistance from
external parties like the EPA to clean up.
Denis Wiesenburg, University of Southern Mississippi, as director of the Center for Gulf Studies (CGS),
discussed the Center's activities around caring for the Gulf Coast environment as well as utilizing its
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resources in a sustainable fashion. CGS has been primarily focused in recent years on the effects of the
BP oil spill. Dr. Wiesenburg believes that universities are instrumental in educating the public in EJ
issues. Universities house institutions like research or design centers that communities can utilize in
achieving their environmental justice goals. Research studies conducted by universities can also assist
communities by providing in-depth technical information. Dr. Wiesenburg cited two specific programs,
the Mississippi Integrated Health and Disaster Program and the Mississippi Network for Cancer Control
and Prevention that fulfill public health needs brought about by environmental disasters.
Michael Burns, U.S. EPA College Underserved Community Partnership Program (CUPP), discussed how
the CUPP matches community problems with local academics and students with the expertise to solve
them. Not only does this foster a deeper relationship between schools and communities, but students
also better their employment opportunities through practical experience. The program, which began in
2011 with 4 schools, now boasts relationships with 41 schools in 14 states. Students have come up with
many exciting and innovative ways of assisting their communities with issues like food deserts,
addressing racial, gender and cultural biases in rural communities, and future land use plans for
communities with superfund sites.
Robert Bullard, Texas Southern University, said that calls over the last 25 years to develop
environmental justice centers in HBCUs and minority-serving institutions have generally gone unheeded,
though small projects have arisen here and there. When funding has been made available it has not
gone to the institutions that serve minority populations and that are in need of it. Minorities have been
underrepresented on decision-making boards and racist zoning practices have inhibited these
populations from organizing. Dr. Bullard believes that technical assistance needs to be augmented with
studies that map the flow of money. As an example of how disadvantaged minorities are in this process,
Dr. Bullard shared that research has revealed that 60% of the waste from the BP oil spill clean-up was
going into landfills located in majority black communities. He noted that the water crisis in Flint is not an
exception, but rather the rule when it comes to environmental justice, especially in EPA Regions 4 and 6.
Beverly Wright, Dillard University, voiced objections to EPA's approach to CUPP, noting that her
university began similar programs and never received the same level of support or recognition. She
criticized the EPA's failure to work with smaller school that already have similar programs, instead
funding larger, more recognized schools that don't have the same budgetary concerns.
Cynthia Rezentes, Mohala I Ka Wai, echoing Dr. Wright's comments, said that a lot of work similarto
CUPP has been done at the community college level, but has been initiated only through contacts at big
research universities. Even then, however, these projects are often undertaken pro bono. While she
appreciates CUPP, she wonders why the EPA and other organizations aren't more focused on
institutionalizing it to be a source of funding and education, instead of funding one-off ventures.
Ellen Drew, Rural Communities Assistance Corporation, asked the panelists what could be done outside
of educational institutions. Robert Bullard recommended that the EPA sponsor an RFA to create
environmental justice centers at HBCUs. Richard Gragg additionally requested that current
environmental justice educators at HBCUs be invited to comment on the RFA process to ensure that
smaller institutions receive money.
Vernice Miller-Travis reiterated the need for the funding of environmental justice programs at HBCUs.
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Cheryl Johnson asked Mr. Burns if the information about his student's projects was publicly available.
Richard Moore criticized the EPA's educational grant process for giving money neither to minority
community organizations nor to minority-serving institutions. Universities continue to fail to include
minority students in their programs. He also criticized the robustness of the interagency working group
process, saying that other agencies besides EPA should be considering these issues.
Michael Ellerbock asked why it was that it took Virginia Tech to identify what was going on with the
water in Flint, Michigan.
Fatemah Shafiei, Spelman College, supported Robert Bullard's comments.
Sacoby Wilson added his support to the previous comments, noting that, for a recent grant for centers
for environmental health disparities, not a single university in the southern U.S. received money.
Nicky Sheats suggested the possibility of partnerships between individuals within the environmental
justice movement and schools, especially HBCUs, conducting environmental justice research.
1.4 Dialogue with the U.S. EPA Office of Water
Joel Beauvais, Deputy Assistant Administrator, U.S. EPA, introduced himself and gave a summary of his
professional history.
Deputy Assistant Administrator Beauvais said that work is underway to restore drinking water to the
community in Flint. Though the crisis was caused by an extraordinary series of missteps, lead and copper
in drinking water is a problem in anywhere from 6 million to 10 million homes nationwide, with 68,000
homes being subject to the Lead and Copper Rule. Lead and copper has a disparate impact on
impoverished communities. Recently, the Office of Water has undertaken efforts to revise and
strengthen the rule, as informed by the conditions in Flint. While the rule is revised, the EPA has stepped
up its oversight of state and regional primacy authorities. Furthermore, the EPA has contacted primacy
agency heads and governors, asking them to scrutinize water programs in their states.
The Office of Water can claim that, according to the compliance data they receive, 91% of the country's
drinking water systems meet standards. The Office is very worried about that last 9%, however, which is
primarily composed of small, rural systems that serve fewer than 3300 people on average.
EPA's need surveys have identified at least $655 billion in necessary infrastructure improvements; a
number that Deputy Administrator Beauvais believes is likely an underestimate. On the drinking water
side, $384 billion are needed for improvements. State Revolving Funds (SRFs), at around $2 billion per
year, comprise the majority of resources the EPA can provide to under-resourced communities.
The EPA is committed to working with communities to ascertain where dollars are most needed and to
provide assistance through other programs like WaterCARE.
Beverly Wright asked if the Michigan state DEQ is being investigated to see if their authority should be
abdicated over the crisis in Flint.
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Sacoby Wilson said that the nation's problem with lead extends beyond its presence in drinking water
to issues like lead-based paint in homes. He hoped that a more comprehensive program for investigating
the presence of lead could be instituted. He added that, because the Safe Drinking Water Act doesn't
cover private wells, there needs to be more work to understand what kind of pollutants might make
their way into those systems.
Dennis Randolph asked for increased accountability of EPA-funded public works.
Richard Moore commented that, historically, the EPA's Office of Water has neglected EJ concerns,
allowing impoverished or minority communities to drink contaminated water. Additionally, grassroots
community and environmental justice organizations have not been given enough of a voice in the EPA's
official EJ programs.
Kelly Wright, Shoshone-Bannock Tribes, commented that ethylene dibromides (EDB) have been present
in his tribe's water for many years and asked the Office of Water to investigate.
Vernice Miller-Travis noted that there are some serious legacy issues with the Office of Water. She went
on to request that the Office of Civil Rights and the Office of Water conduct an investigation into the
Michigan Department of Environmental Quality on account of its longstanding civil rights abuses. She
expressed outrage that similar abuses appear to be occurring in Newark, New Jersey and other
communities as well.
Lisa Finley-Deville, Mandan, Hidatsa & Arikara Nation, commented that the Bakken oil and gas
extraction has threatened her community's drinking water.
Melissa McGee-Collier asked for an investigation into the lead exposure for children 5 and older. She
also said that, for SRFs, even the reduced interest rate is burdensome for impoverished communities.
Finally, she questioned why, in Jackson, Mississippi, "boil water" notices were handed out more
frequently in minority than in non-minority communities.
Nicky Sheats questioned EPA's hesitancy to index EJ or vulnerable communities, as well as its hesitancy
to challenge state practices.
Kerry Doi asked the EPA to consider working more frequently with non-profits to match grants.
Deidre Sanders asked EPA to be more rigorous in examining communities for discrimination prior to the
allocation of funds.
Ellen Drew said that the reason the 9% are left over without access to safe drinking water is that they
don't have the leadership experience necessary to go after technical assistance. The last census did not
include income information, which has left poor communities scrambling for ways to express that they
qualify for SRFs. The NEJAC should work more closely with Environmental Financial Advisory Boards.
Savi Home echoed Sacoby Wilson's request to investigate further contamination in well water.
Deputy Administrator Beauvais responded that there is an ongoing audit of Michigan's DEQthat should
be completed by the end of the summer. He assured that there are both intra-agency and interagency
efforts to examine lead contamination holistically. He went on to discuss some of the Office of Water's
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activities as regards specific set asides and programs for native populations. The Office of Water is
aware of the burden faced by rural communities in repaying loans from the SRFs and is working on ways
of assisting them with repayments.
1.5 Dialogue with the U.S. EPA Region 4 Administrator
Heather McTeer Toney spoke about the specific challenges Region 4 faces by being the biggest region in
terms of population while at the same time serving many low-income or impoverished communities
with legacy environmental injustice issues. The Region 4 team has been primarily working on water
contamination, economic development, and community-stakeholder collaboration. The administrator
elaborated on some of the particular projects like WaterCARE in Alabama and work in north Gulfport
and water quality monitoring in Turkey Creek. She and her team very much value personal contact and
experiences with the communities in Region 4, taking tours and taking the time to speak with residents
personally.
Regional Administrator McTeer Toney awarded a certificate of achievement to Margaret May for her
work with the Southeast Regional Interagency Working Group on Environmental Justice in North
Birmingham.
She acknowledged the criticism of CUPP but remained firm in her belief that the program is valuable.
Teri Blanton explained some of Kentucky's issues with water and how, even moving from well water to
municipal systems, testing has revealed selenium, arsenic, cadmium, and beryllium, among more
materials.
Horace Strand, Chester Environmental Partnership, echoed previous commenter's complaints that
grassroots organizations were receiving inadequate funding, while academia is comparatively well-
funded. Regional Administrator McTeer Toney responded that there are efforts to fund grassroots
organizations and hold municipalities accountable, at least in Region 4.
Vernice Miller-Travis asked about the flooding in Greenville, Mississippi. Regional Administrator
McTeer Toney reported that there are infrastructure issues that amplify the flooding. She also said that
these problems are caused by a lack of planning and that, in response, municipalities need to have more
robust maps of their districts and stronger plans for contingencies. Part of this planning also needs to be
working with federal agencies in order to ensure that they can take adequate advantage of SRFs.
Richard Moore congratulated the Regional Administrator McTeer Toney on her relatively new position.
He also admonished that slow responses like the ones EJ communities experience only serve to
disenfranchise them.
Sacoby Wilson suggested that data visualization tools could assist the region in identifying EJ
communities' needs by overlapping funding, programmatic activities, and infrastructure.
1.6 EPA Updates
1.6.1 NEJAC Monitoring Work Group
Dennis Randolph spoke about receiving feedback on a document he has been charged with composing.
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1.6.2 EJ 2020 Action Agenda Framework
Charles Lee, Deputy Associate Administrator for Environmental Justice, gave the update on the agency's
five-year strategic plan, EJ 2020. The plan revolves around three primary goals.
• To deepen the Agency's environmental justice practice
• To collaborate with partners to expand the Agency's impact in overburdened communities
• To demonstrate environmental justice progress by focusing on critical national-level challenges
The Agency stresses the need to work with partners and stakeholders in order to implement this
ambitious plan over the next five years. The plan will be issued for public comment in April and will
hopefully be finalized by the end of summer 2016.
1.6.3 NEJAC Youth Perspectives Climate Justice Work Group
Mustafa Santiago Ali, Senior Advisor to the Administrator for Environmental Justice, gave the report.
In order to cultivate the next generation of leaders, the EPA began a youth workgroup focused on
climate justice. The response has been overwhelming with more than 1400 applications submitted. Mr.
Ali hopes that these students, who come from diverse backgrounds and from high academic
achievement, will be a basis for similar programs in other federal advisory committees and other federal
agencies.
Yudith Nieto, a member of the youth work group, spoke on behalf of her fellow members. She
explained how her experience in an overburdened community surrounded by industry drove her to
become involved in environmental justice.
Makara Rumley, the DFO for the youth work group, spoke about its origins and the process through
which it was formed.
Margaret May stated that she hoped this work group would provide the foundation for bringing a youth
member on to serve on the NEJAC.
Michael Ellerbock suggested that, as workaround for entrenched political attitudes against climate
change, the work group should make itself relevant through examples specific to targeted communities.
Sacoby Wilson praised the work group's formation and emphasized the importance of developing
environmental justice leaders overtime.
Nicky Sheats expressed his opinion that the youth work group members should be aware of the distinct
perspectives of the EPA and the NEJAC. He then offered his time to speak to the workgroup members
about some of those differences.
1.7 Public Comment Period
On March 16, 2016, the NEJAC held a public comment period to allow members of the public to discuss
environmental justice concerns in their communities.
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Eric Aldape, Director of Community Health, Diesel Health Project, spoke about taking care of pollutants
that are byproducts of freight in Kansas City. These pollutants disproportionately affect minority
populations and, despite Mr. Aldape's organizational efforts, he urged the NEJAC to petition the EPA to
take the following steps: (1) require use of zero emission technologies, (2) new set of national standards
to reduce emission from freight, (3) initiate an environmental review process whenever freight related
projects are proposed, (4) must assist state and local government in addressing freight-related pollution,
and (5) EPA should hold regular meetings with communities affected by freight-related pollution.
Christine Bennett, Mossville Environmental Action Now (MEAN), protested the buyout program taking
place in Mossville under BP. She urged the NEJAC to examine the future of such programs and urged
community that faced buyouts to band together to prevent them.
Delma Bennett, Mossville Environmental Action Now (MEAN), elaborated on Ms. Bennett's comments,
saying that their protest wasn't just about the buyout, but that it was also about pollution and
Superfund sites in their community. Industry pursued a predatory buyout plan through false incentives
that left residents substantially less well off than what was promised. Vernice Miller-Travis asked how
old the community is. Christine Bennet answered that her family has lived there for the last 90 years.
Beverly Wright asked if there was legal recourse for the residents of Mossville. Mr. Bennett replied that
meetings were ongoing, but that enhancements were not currently feasible. He also requested that the
NEJAC consider a buyout working group.
Jennifer Crosslin, Steps Coalition, spoke about her organization's work in Pascagoula, MS. A local
Chevron refinery as well as two other oil and gas processing plants release 2 million pounds of toxic
chemicals a year, some of which inevitably escape into the community. The local community's
deteriorating health spurred them to organize in protest of the expanding industry around them. As a
part of this effort, they have kept logs and performed tests that have revealed levels of toxins far above
the standards set by the World Health Organization. When they've approached officials, they've been
ignored. Ms. Crosslin petitioned the NEJAC and the EPA to pay attention to their community and to work
with the EPA on faster response times. Nicky Sheats asked if the PM2.5 standard was being violated, to
which Ms. Crosslin replied yes. Edith Pestana, Connecticut Department of Energy & Environmental
Protection, suggested petitioning EPA or the state to partner with their local monitoring activities.
Vernice Miller-Travis pointed out there is an analogous process going on in EPA Region 9 with the Office
of Environmental Justice.
Vernell Cutter, Georgia Research Environmental Economic Network, spoke about how the movement of
goods in the Georgia ports affects ambient air quality in the surrounding communities. Mr. Cutter claims
that the EPA has repeatedly ignored his organization's protests and what few measures they have taken
have been ineffective.
Leslie Fields, Sierra Club, discussed the Sierra Club's ongoing issues with the National S02 Standard. The
Michigan DEQ, after delays, offered an insufficient draft plan for adherence to the standard. Ms. Fields
ask that the NEJAC petition the EPA for sanctions against the Michigan DEQ for its continued failure to
moderate the air quality, as well as other offending DEQs. Vernice Miller-Travis asked if there was a
conflict of interest inherent in the EPA expecting state DEQs to carry out its mission while also levying
sanctions against them. Ms. Fields said it's possible, but that the agency must use all the tools available.
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Sacoby Wilson suggested that issues like this arise because the DEQis separate from public health
bodies.
Gloria Horning, Wedgewood Rolling Hills Homeowners Association, reminded the NEJAC that for all the
success of programs like CUPP, environmental justice advocates must not forget outreach to middle
class and predominately white communities to educate them about EJ issues. Dr. Horning informed the
NEJAC that the Wedgewood Rolling Hills community has been requesting an environmental inspection
of local landfills for years. Landfills in neighboring predominately white communities have been
demonstrated as unhealthy and have been promptly closed, even though the ones in Wedgewood
Rolling Hills have been suffering their ill effects for many years. Beverly Wright, in support of Dr.
Horning, explained that hydrogen sulfide was at the heart of a lot of landfill issues but that the EPA still
needs to make a rule about acceptable levels.
Omar Muhammad, Low Country Alliance for Model Communities, Charleston (LAMC), South Carolina,
was the first grassroots community organization to mitigate environmental impacts from a project
through the NEPA (enacted in 1969) process through the receipt of $4 million. Mr. Muhammad's
community suffers from the cumulative impacts of legacy pollution from encroaching industry as well as
a generational poverty and biased zoning practices. Mr. Muhammad asked the NEJAC to recommend to
the EPA: 1) the establishment of diesel emissions standards for communities surrounded by
transportation industries, 2) the implementation zero emission technology in industry, 3) a
comprehensive EJ analysis of impacted communities, focusing on health impacts, especially in the NEPA
process, 4) deeper partnerships with grassroots organizations in order to influence policy, 5) the
requirement of action as a part of RFPs, 6) increased communication with communities on the progress
of their suggestions. NEJAC members questioned Mr. Muhammad about additional details of his
program and encouraged meeting attendees to contact him as an informational resource.
Juan Parras, Houston, Texas, played a video about the environmental impacts of the Valero Energy
Corporation's refinery outside of Houston, Texas. The video also highlights the deleterious effects of
other industries in the area. Mr. Parras asked that the NEJAC consider holding its next meeting in
Houston, in order to observe more closely some of the environmental issues there. He identified the
community of Manchester, Houston, as being one of the hardest hit and most forgotten, despite the
economic benefits it provides. Deidre Sanders corroborated this, explaining that she had taken a tour of
Manchester and had been sobered by what she saw there.
Leo Woodberry, Kingdom Living Temple, Florence South Carolina, said that the environmental justice
situation in South Carolina was dire. He has recently given testimony at the U.S. Commission on Civil
Rights in support of the EPA. He believes, however, that there are more things that it could do such as
having more meaningful engagement with community stakeholders and taking a proactive, multi-
pronged approach to changing public health outcomes.
James "Catfish" Miller spoke about some of the personal health challenges, including extended hospital
visits, he faced from exposure to pollutants aboard BP clean up vessels on the coast of Mississippi after
the Deepwater Horizon crisis. Mr. Miller testified that he has observed how devastated the ecosystem is
and how, even six years after the fact, the habitat has failed to bounce back. Responses and support
from BP have been insufficient; Mr. Miller has received $13,000 from BP for health costs despite the fact
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that his hospital bills total over $460,000. Mr. Miller believes that the elected officials and state
authorities like the Department of Marine Resources and the DEQ have failed him. Melissa McGee-
Collier responded that organizations like Agency for Toxic Substances and Disease Registry (ATSDR)
needed to be involved, because there is no single organization that handles environmental public health
impacts.
Yolanda Ferguson testified on behalf of her husband, a net-maker in the Gulf Coast, about how ill he
became after handling nets after the oil spill and how devastated his business has been. She believes
that it was exposure to the oil dispersant Corexit that caused his health problems. Ms. Ferguson
petitioned the NEJAC to emphasize the impact of the oil spill to the EPA.
Derrick Evans is a part of many organizations, including Turkey Creek Community Initiatives, Steps
Coalition of Coastal Mississippi, Bridge the Gulf Citizens Journalism Project, and the Gulf Coast Fund.
Mr. Evans was a part of drafting NEJAC's recommendations for including communities in the aftermath
of the BP oil spill. In response, the NEJAC was informed that a Regional Citizen's Advisory Council (RCAC)
would be established and funded. The RCAC was never established and underserved communities were
therefore denied a voice in the direction of clean-up efforts. Without an RCAC, Mr. Evans argued, states
were given the authority to direct the use for funds irrespective of what was best for communities most
affected.
Mary Thigpen, Forest Heights Turnkey 3 Program, pled for the NEJAC's support and acknowledgment of
the issues in Gulfport around flooding from the destruction of a levee that had been misclassified. Water
quality is also an issue in Turkey Creek. She added that trains and trucks burning diesel were negatively
affecting her community.
Michele Roberts asked the NEJAC to consider a working group that would monitor the risk management
plan (RMP) process. She stated that the current risk-based approach to harmful environmental impacts
was not sufficient and that it must be supplemented by a precautionary approach. She criticized lengthy
implementation times for regulation, especially for the Clean Water Act. She also asked the NEJAC to
monitor the above-ground water tank storage rule to ensure that implementation occurs in less than
four years. On behalf of Jeannie Economos, Farmworker Justice, Ms. Roberts compelled the NEJAC l)to
educate state enforcement authorities in racial equity, 2) to incorporate an environmental justice
framework in cultural competency training, 3) encourage cultural and racial diversity amongst state
authorities, and 4) to promote understanding of language barriers, immigration status, and other
cultural distinctions that exist among rural farm workers.
Jan Victor Andasan, Moving Forward Network, shared his experience of the impacts of living near the
Port of Long Beach and Los Angeles as well as the Union Pacific rail yard.
Kim Gaddy, Clean Water Action, Moving Forward Network, spoke about some of environmental justice
issues that arise from Newark's proximity to facilities like the Port of Newark and the Edison Generation
Station. She reiterated the recommendations enumerated earlier by Eric Aldape.
Melissa Lin Perrella, Natural Resources Defense Council, Moving Forward Network, offered the NEJAC a
letter outlining the Moving Forward Network's recommendations to EPA Administrator Gina McCarthy.
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She also shared some of the work that she's done to create a voluntary ports program. She
acknowledged that more needed to be done, however.
Yvette Arellano, Texas Environmental Justice Advocacy Services, asked the NEJAC to release National Air
Toxics Assessment (NATA) more frequently because of its wide applicability. The data hitherto available
is out of date.
Howard Page, community organizer in the Mississippi Gulf Coast region, encouraged the NEJAC to
explore opportunities for the education of state and local officials in environmental justice issues,
pointing out that only environmental justice affiliated public officials were present at the meeting.
Azibuike Akaba, Moving Forward Network, complained that the response the Moving Forward Network
received from a March 19, 2015 letter was inadequate. He thanked his fellow public commenters for
sharing their stories. Vernice Miller-Travis assured Mr. Akaba that the NEJAC is similarly frustrated with
the EPA's response times.
Sandra Weyth, Concerned Citizens Association, voiced dismay over warning signs posted on the beach
in the Gulfport. These signs provide inadequate notice that the water is contaminated. She also asked
the NEJAC to spend more time with community members.
Angelo Logan, Moving Forward Network, played a video about the environmental dangers caused by
the diesel emissions that are a byproduct of freight in Long Beach, California, creating what community
activists call a "diesel death zone." He reiterated calls to take up the recommendations initially made by
Eric Aldape and supported by previous Moving Forward Network members Kim Gaddy and Melissa Lin
Perrella. Cynthia Rezentes asked if there were other viable zero emission technologies that could be
used to address this problem.
Brian Rice, commercial fisherman, related how, after the BP oil spill, Corexit was sprayed from planes
while fishermen were present in the water. He asked why commercial fishing had not yet been
reestablished and spoke about the foundational role oysters play in the Gulf Coast ecosystem.
Thao Vu asked about submitting subsequent written comments and about the use of dispersants to
clean-up the oil. She noted that there is deep distrust between fishermen, scientists, and regulators.
Christine Wice implored the NEJAC to focus more efforts on EJ issues as they relate to children.
1.8 Written Comments
The following individuals submitted written comments for the record. Copies of those documents are
included in Appendix B of this report.
• Eric Aldape - Diesel Health Project - Kansas, KS
• Christine and Delma Bennett - Mossville Environmental Justice Now - Mossville, LA
• Jeannie Economos - Farmworker Association of Florida - Apoka, FL
• Angelo Logan - Moving Forward Network
• Sharon McCormick-West Ambler Environmental Injustice Committee-Ambler, PA
• Diane Morgan - BoRit Asbestos Superfund CAG - Ambler, PA
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• Michelle Roberts
• Joe Womack - Mobile Environmental Justice Action Coalition - Mobile, AL
2.0 Welcome and Opening Remarks
Margaret May convened Day 2 of the NEJAC meeting at 8:18 a.m.
2.1 Community Recovery and Revitalization: Non-Governmental Organizations
Derrick Evans, Turkey Creek Community Initiative, recounted how Turkey Creek's environmental justice
experience gave it the tools necessary to convene EJ organizations, as a part of the Steps Coalition.
Interstate communication among EJ communities helped form the Gulf Coast Fund Advisory Group. Mr.
Evans focused on how sharing knowledge and experience empowered disadvantaged communities by
bringing them together, arguing that they function like one large Gulf Coast EJ community anyway. He
emphasized the importance of relying on local knowledge for regional problem-solving as opposed to
national 501(c)(3)'s.
Yomi Noibi, ECO-Action, spoke about the burden communities that border industrial sources of
pollution face insofar as they have to expend resources proving to the EPA that they've been poisoned.
Therefore, precautionary principles are more effective than repairing damage and should be pursued
whenever there is uncertainty about adverse environmental impacts. These precautionary principles
were: 1) to yield to early warnings signs of environmental disasters and 2) to shift the burden of proof
away from the disadvantaged. He echoed some of Mr. Evans' comments about 501(c)(3)'s, saying that it
was important that NGOs work within communities to help them empower themselves instead of trying
to empower them from the outside. He encouraged the NEJAC to support NGOs by giving them
guidance on interacting with communities but also to urge the EPA to step up enforcement of
environmental standards.
Donele Wilkins, Green Door Initiative, spoke about promoting environmental literacy through a
501(c)(3) and about Green Door Initiative's work in Flint, Michigan. They take a two-pronged approach
to education, utilizing community organizers and experts. The experts train youth and other residents in
techniques for conducting lead tests and the protocols for analyzing those tests. Green Door Initiative
also disperses information about the effects of lead contamination on residents as well as information
about how to interact with the federal and local agencies responsible for the crisis. They also do
workforce development. Dr. Wilkins implored the NEJAC to ask EPA to consider relocation for Flint's
most affected residents.
Jacqueline Patterson, National Association for the Advancement of Colored People, spoke about how
non-governmental organizations need to be voices of revolution. Using Detroit, Michigan, as an example
she explained the myriad ways in which impoverished and minority communities are prevented from
self-governance and are deprived of basic resources. She argued that NGOs must take both a macro-
and a micro-level approach in effecting change. Environmental justice is not just about reversing
pollution, but also about the effects that pollution has on human beings. Grouping them by the ideas of
resistance, resilience, reclamation, and revolution, she enumerated examples of people and
organizations that have fought for disadvantaged and minority groups by fighting for environmental
justice.
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Reminding everyone that the council is for the people, Richard Moore recommended to the participants
that they take back ownership of the NEJAC.
Vernice Miller-Travis asked Donele Wilkins about the historical background of the Flint water crisis.
Beverly Wright, thinking about the misappropriation of money after Katrina, asked what kind of
accountability measures were in place in Flint.
Teri Blanton asked if GM was going to be held responsible for dumping lead into waterways.
Michael Ellerbock suggested that NGOs work to improve industry's understanding of the benefits of
environmentally-friendly business practices.
Sacoby Wilson reflected upon the panelist's comments as they related to political power dynamics.
Nicky Sheats asked Donele Wilkins to expand upon her relocation proposal. Donele Wilkins responded
that 10% of the population of Flint was extremely impacted and that resources needed to be directed
towards relocating them. Jacqueline Patterson added that if the community had had the input they
wanted, then the crisis would have been prevented. One of the community's desires was to have a
community oversight board to ensure the accountability of relief funds.
Yomi Noibi spoke more about ECO-Action's work in assisting communities to empower themselves and
about preventing harm.
Derrick Evans spoke about the necessity of giving voices to disenfranchised citizens.
2.2 Community Recovery and Revitalization: Government and Private Focus
Marsha Minter, Environmental Justice Inter-Agency Working Group (EJIWG), gave details about the
IWG's authority and operations. As a result of the decline in participation by senior leaders, the EPA
reorganized the IWG, prioritizing new areas, including 1) impacts from climate change, 2) goods
movement, 3) the National Environmental Policy Act, 4) an indigenous/Native American peoples
community committee, and 5) a rural communities committee. Around this time, the IWG also crafted a
three-year strategic plan to preserve goals through administration changes. The current plan is the EJ
Framework for Collaboration. She enumerated the activities envisioned under this strategic plan.
Wesley Kerr, U.S. Department of Agriculture, spoke about the USDA StrikeForce Initiative. Around 85%
of the country by land area is rural and 1 in 3 children in rural areas grow up in poverty. The StrikeForce
Initiative aims to address these issues through home building, economic development, farmer assistance
and food assistance. Mr. Kerr played an informational video about the StrikeForce program.
Bevin Hunter, Delta Regional Authority (DRA), spoke about the background and the mission of her
organization. DRA has an economic assistance program that awards funding to various community
needs, through their local development districts. They also partner with various other federal agencies,
noting in particular the Innovative Readiness Training program that, in part, provides free medical care
in the region. The DRA also administers a workforce development program and operates a Delta
Entrepreneurship Network.
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Jessica Shappley, Hope Enterprise Corporation, spoke about her organization's efforts at regional
development, focusing on how financial institutions can sponsor community development in the wake
of natural disasters. The organization is comprised of Hope Credit Union, the Hope Enterprise
Corporation, and the Hope Policy Institute. Hope Credit Union provides low- or no-interest loans to fund
rebuilding. They also perform services such as welfare counseling, offering grants, providing modular
housing, and commercial lending services for small businesses. Ms. Shappley argued that community
development financial institutions are integral to rebuilding after disasters because they know their
regions and they can provide capital to those most in need of it.
Corey Aber and Robert Diehl, Freddie Mac, made a joint presentation on some of the agency's
operations. Freddie Mac works towards support and liquidity of the secondary housing market, working
with a loan servicer rather than offering the loan directly. The agency is divided into two units, multi-
family housing (five units or more) and single family housing. Ninety percent of the multi-family units
that Freddie Mac provides financing for fall at 100% of the AMI or below, supporting around 2 million
people total through this branch. Mr. Aber assured the NEJAC that there is an environmental report on
all properties prior to lending. After Hurricane Katrina, Freddie Mac offered forbearance agreements to
all of its borrowers and suffered no financial losses because of this. Mr. Diehl spoke about the single
family side of Freddie Mac, pointing out that they operate in a symmetrical fashion. He elaborated on
some of the products and programs that the agency offers. This unit of Freddie Mac indirectly loaned
$400 billion to help 1.6 million people buy or refinance their homes.
Deidre Sanders informed Corey Aber and Robert Diehl asked that Freddie Mac look into the allegation
that developers have been taking advantage of regulations to create affordable housing adjacent to
industry. Mr. Diehl noted that this mostly occurs with multi-family housing, but that the single-family
branch has just created a working group to address this issue.
Paul Shoemaker asked about some of the details of Freddie Mac's forbearance and low down payment
loans. Robert Diehl explained further all the measures Freddie Mac takes to ensure that borrowers stay
afloat. He also said that Freddie Mac does not combine low-down payment loans with an adjustable rate
mortgage. Mr. Shoemaker went on to ask Bevin Hunter and Jessica Shappley what can be done to
resource regional facilities to properly care for affected residents.
Cynthia Rezentes asked Marsha Minter what guarantee she had that the discussions in the EJIWG were
leading to practical outcomes. She also asked the Freddie Mac representatives to clarify some of the
issues surrounding what qualifies as AMI and affordable housing. Ms. Minter explained some of the
groups oriented towards practical outcomes that fall under the IWG's purview. Mustafa Ali jumped in to
discuss the importance of regional IWG's, saying that not all EPA regions have one. Corey Aber
acknowledged that there is a dearth of affordable housing in the country and elaborated on some of
Freddie Mac's approaches to that.
Richard Moore spoke about the efforts surrounding interagency working groups in EPA Region 6. He
also cautioned Freddie Mac to pay attention to gentrification issues, especially in neighborhoods that
have been de-industrialized and cleaned up.
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Savi Home noted that the USDA released its 2016-2020 EJ strategic plan that had StrikeForce being the
primary implementation body in EJ communities. She voiced concern about the USDA including
sustainable farming practices while providing assistance to farmers.
Sacoby Wilson criticized the USDA's 2020 strategic plan for neither being comprehensive enough nor
including concrete goals. He also asked the NEJAC to form a financial institutions work group to discuss
the intersection between them and EJ issues. Jessica Shappley said that the Hope Enterprise Corporation
would be interested in being part of financial institutions IWG. Wesley Kerr encouraged Mr. Wilson to
share these criticisms during the Federal Register comment period.
Fatemah Shafiei asked Freddie Mac representatives about its borrower informational centers. Robert
Diehl informed her that the borrower informational centers' location and number were dictated by the
level of foreclosure risk during the 2008 financial crisis.
Vernice Miller-Travis asked Marsha Minter about IWG activities in Region 4, and criticized some of the
purported outcomes. She also asked why each EPA region did not have its own IWG.
Melissa McGee-Collier asked the Freddie Mac representatives about how natural disaster forbearance
affects borrower's credit ratings. Robert Diehl responded that Freddie Mac's official policy to loan
servicers is to not report failures to pay throughout the forbearance period.
2.3 NEJAC Conversation
Matthew Tejada bid farewell to the five NEJAC members who will be leaving the council this term,
Margaret May, Edith Pestana, Vernice Miller-Travis, Savi Home, and Teri Blanton. Savi Home then
commemorated Margaret May and the other members by reading some poetry. Margaret May thanked
the committee for their appreciation and made some remarks about her time serving as chair. She urged
the council members to put away differences to come together in support of environmental justice in
the U.S.
Matthew Tejada gave out awards. He then adjourned the NEJAC meeting at 12:03 pm.
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APPENDIX A
LIST OF ATTENDEES
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National Environmental Justice Advisory council
March 15-16, 2016 Public Meeting
List of In-Person Attendees
First Name Last Name Organization
Corey
Aber
Azibuke
Akaba
MFN
Eric
Aldape
Diesel Health Project
Yvette
Arellano
Taaka
Bailey
Melanie
Baldwin
The City of Prichard
Samantha
Beers
Lillie
Bender
Kent
Benjamin
U.S. EPA
Christine
Bennett
Mossville Environmental Action Now
Delma
Bennett
Mossville Environmental Action Now
Arturo
BLANCO
EPA
Teri
Blanton
KFTC
Joshua
Borden
Neal R. Gross & Co.
Nicholas
Bosa rge
Gulf Coast Fisherman
Robert
Bosa rge
Gulf Coast Fisherman
Pepper
Bo wen
Christian
Braneon
Christene
Brice
Election Commissioner
Jennifer
Buchanan
Evelina
Burnett
MPB
Michael
Burns
L.
Caldwell
Steering Committee Watershed
Pat
Carey
Grace
Carson
Jennifer
Carter
Charles
Chase
University of Colorado
Glenn
Cobb
BCO
Shirely
Cooper
Steps Coalition
Cecil
Corbin-Mark
WE ACT for Environmental Justice
Jennifer
Crosslin
Steps Coalition
Vernell
Cutter
Ron
Davis
Ron Davis and Associates LLC
William
Dean
Walter
DeVille Sr
Fort Berthold POWER
Walter
Deville Sr
Fort Berthold
Robert
Diehl
Jayeesha
Dutta
Katherine
Egland
Mike
Ellerbrock
Virginia Tech & Catholic Church
Natalie
Ellington
EPA Region 4
Lena
Epps-Price
Derrick
Evans
22
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First Name
Last Name
Sonja
Favors
Maris
Fells
Cynthia
Ferguson
Yolanda
Ferguson
Joann
Fields
Leslie
Fields
Lisa
Finley-Deville
Cherri
Foytlin
Chelsea
Frazier
Nkrumah
Frazier
Kim
Gaddy
Sharon
Gauthe
F.
Gines
Becky
Ginn
Mary
Gutierrez
Angela
Hackel
Reginald
Harris
Arthor L
Hawkins
Rosa
Herrin
Javoyne
Hicks
Franklin E.
Hill
Raleigh
Hoke
Dr. Gloria
Horning
Ursula
Ible
Anthony
J
LaTasha
Jefferson
Cassandra
Johnson
J
Johnson
Melanie
Johnson
Richard
Johnson
Sabrina
Johnson
Nataline
Jones
Sandra
Jordan
Ntale
Kajumba
Wesley
Kerr
Dr. Charlotte
L.
Keys
Eric
Kirkendall
Elvin D.
Lang
M.O.
Lawrence
Stevie
Lewis
Melissa
Lin Perrella
National Environmental Justice Advisory council
March 15-16, 2016 Public Meeting
List of In-Person Attendees
Turkey Creek Watershed Steering Committee
EJA/NAACP
Sierra Club
MHA Nation Tomorrow
Frazier Family
Clean Water Action, Coalition for Healthy Ports
BISCO
City of Biloxi
Land Trust for the Mississippi Coastal Plain
Earth Ethics, Inc.
EPA
EEECHO
Environmental Protection Agency
Gulf Restoration Network
CUEJustice
FAMU Graduate/ Citizens For a Sustainable Future and FAMU
Student Community Gard
OHC
Gulf Coast Fisherman
Gulf Coast Fisherman
U.S. EPA
Community Action Team of Palmers Crossing
USDA-NRCS
NRDC
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National Environmental Justice Advisory council
March 15-16, 2016 Public Meeting
List of In-Person Attendees
First Name
Last Name
Organization
Larry
Lincoln
US EPA, Region 4
Angelo
Logan
MFN
Debra
Love
Robert
Love
Jerrie
Mag ruder
Robin
Mann
Sierra Club
Richard
Marsh
North Gulfport Civic Club
Karen L
Martin
U.S. EPA
Tony
McCray
Unity in the Family Ministry
Claude
McDonald
Melissa
McGee-Collier
MDEQ
James
Miller
Gulf Coast Fisherman
Catherine
Minerich
Reilly
Morse
Omar
Muhammad
Low-Country Alliance for Model Communities (LAMC)
Jasmin
Muriel
Yudith
Nieto
TEJAS
Chad
Nitsch
U.S. EPA
Dr. Yomi
Noibi
ECO Action
Jim
Noles
Balch & Bingham LLP
Rev.
Jacqueline
Norris
Marcelo
Norsworthy
Julia
O'Neal
Sierra Club
Howard
Page
Steps Coalition
Ana
Parras
TEJAS
Bryan
Parras
TEJAS
Juan
Parras
TEJAS
Cynthia
Peurifoy
U.S. EPA
Stephanie
Plancich
Gulf Regional Planning Commission
Stephanie
Plancich
Gulf Regional Planning Commission
Alan
Powell
US EPA
Jerry
Pry or
Soria City Civic Organization
City of D'lberville, Gulloh Seafood and St. Michael Fuel
Rusty
Quave
Ice Dock
Dennis
Randolph
City ofGrandview, Missouri
Cynthia
Rezentes
Brian
Rice
Gulf Coast Fisherman
Michele
Roberts
EJHA
Lakeshia
Robertson
U.S. EPA
Laura
Sanchez
EarthCon Consultants
Mustafa
Santiago Ali
U.S. EPA
Ya-Sin
Shabazz
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National Environmental Justice Advisory council
March 15-16, 2016 Public Meeting
List of In-Person Attendees
First Name Last Name Organization
Nicky
Sheats
Thomas Edison State U.
Paul
Shoemaker
Boston Public Health Commission
Mary
Spinks-Thigpen
Forest Heights Community
Ramsey
Sprague
Judy
Steckler
Land Trust for the Mississippi Coastal Plain
Ruth
Story
Horace
Strand
Bruce
Strouble
Shreya
Subramani
Princeton University
Gloria
Tatum
Kerene
Tayloe
Romona
Taylor Williams
Denise
Tennessee
EPA Region 4
Veronique
Thomas
Tami
Thomas-Burton
Anthony
Thompson
Kingdom ICDC
Arthur
Totten
U.S. EPA
Jessica
Tovar
Moving Forward Network, UEPI at Occidental College
Hugh
Tran
U.S. EPA
Jan
Victor
East Yard Communities for Environmental Justice
Thao
Vu
Alice
Walker
Claudette
Walker
Barbara
Weckesser
Cherokee Concerned Citizens
Roderick
Wheat
Shanika
Whitehurst
Denis
Wiesenburg
Adrenace
Williams
Darryl
Williams
Leo
Wood berry
Kingdom Living Temple/Woodberry & Associates
Alice
Wright
Chester Environmental Partnerships
Beverly
Wright
Dillard University
Kelly
Wright
Shoshone-Bannock Tribes
Sandra
Wyche
33rd Alumni
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National Environmental Justice Advisory council
March 15-16, 2016 Public Meeting
List of In-Person Attendees
First Name Last Name Organization
-------
National Environmental Justice Advisory council
March 15-16, 2016 Public Meeting
List of Teleconference Attendees
First Name
Last Name
Organization
Israel
Anderson
USEPA Region 6
Vinson
Ballard
National Association For Fair-Access, Anti-Profiling and
Culture (NAFACA)
Aaron
Bell
US EPA
Arthur
Blakely
NAACP/Okaloosa County Branch
Donald
Bogen
BISCO
Thomas
Dardar
United Houma Nation
Theresa
Dardar
First People's Conservation Council of LA
Donald
Harris
USEPA
Carlton
Eley
U.S. EPA
Lena
Epps-Price
David
Gauthe
BISCO
Daniel
Gogal
USEPA/OEJ
Running
Grass
Region 10 US EPA
Garry
Harris
Center for Sustainable Communities
Maria
Hegstad
Inside EPA
Charise
Johnson
Toshia
King
EPA/OLEM/ORCR
La ra
La sky
US EPA Region 5
Rachel
Leven
Bloomberg BNA
Sheila
Lewis
EPA
Latoya
Miller
US EPA Region 4
Diane
Morgan
Ravi
Rao
USEPA/R4
Kathleen
Stanley
Drew House Communications
Siobhan
Tarver
U.S. EPA Region 4
Tami
Thomas-Burton
EPA - Region 4
Sharon
Wells
EPA Region 1, Boston
Holly
Wilson
USEPA
27
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APPENDIX B
WRITTEN COMMENTS
28
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Name: Eric Aldape
Organization: Diesel Health Project
City, State: Kansas City, Kansas
-------
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¦ijlk'.-c Lr.cni,
32
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33
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Name: Christine and Delma Bennett
Organization: Mossville Environmental Justice Now
City, State: Mossville, LA
34
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Hi my name is Christine Bennett, member of MEAN. I am here to
challenge the Voluntary Property Purchase Program ("VPPP").
Our community is currently involved in the buyout program, "l o
dale, this process has not been fair at all to our community. We are
here today to challenge this process. At the end of the day, the
VPPP is "«o/" voluntary nor is it just.
In the interest of lime, I want to give you this document for the
record that .shows what we have been subjected to so far. It began
with Sasol walking into our community with a plan without our
input. No community should ever be subjected to a "voluntary"
buyout program without having input into the process from the
very beginning. What is very important for us all to know, there
was a moment when EPA was in control of this relocation process.
The VPPP is not fair and we are here to request the NEJAC to
create a workgroup to investigate this process. MEAN is
supported in this request by the Environmental Justice I Icalth
Alliance and the Coming Clean national networks.
35
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Testimony of Christine and DeJma Bennett of Mossville
Environmental Justice Now ("MEAN") to the
National Environmental Justice Advisory Council
March 16, 2016
The Mossville Louisiana residents and their Environmental
Justice organization, Mossville Environmental Action Nov/
(MEAN) when Sasol, the South African Oil company, and one
of the 14 refineries and chemical processing facilities
operating out of the industrial zone near Mossville, presented
a Voluntary Property Purchase Program (VPPP) to them,
MEAN had been organizing for over 30 years on behalf of
the residents of Mossville on multiple fronts: advocating for
environmental justice, educating residents about the health
and environmental impacts of toxic pollution; compelling
federal and state environmental agencies to enforce human
rights laws, and advocating for health services, relocation
and pollution reduction to improve the lives and health of
residents.
My name is Christine Bennett, member of MEAN, Mossville
Environmental Action Nov/. Our community has been
disproportionately affected by the more than 1000 tons of
toxins collectively emitted into the air by the industrial plants
surrounding the community. MEAN lobbied for many years
for a just and fair relocation of our community to a safe,
healthy and toxin-free location. The offer made by Sasol in
the summer of 2013 "appeared" to provide the relief the
community desired. Sasol had been approved to commence
construction of the first shale gas to liquid processing facility
in the country. The company retained the services of an
outside consultant that specializes in facilitating community
36
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property purchases for the energy and chemical industries to
work a community process with Mossville residents and
MEAN.
More than 2 years later, MEAN members recognize that
Sasol has not fulfilled the promises it made to them, and the
VPPP is anything but just and fair.
What Sasol Promised
The VPPP contained several promises:
* Appraisal of properties would be based on size and nature
of improvements (structures) on the property, not the
condition of either;
¦ Appraisals would take subjective issues into consideration;
* The program is voluntary. No one would be forced out.
Because of these promises, and the regular meetings the
company initiated with the community of Mossville, through
GIG, many of MEAN'S allies, including ICCR, Trillium
Investment, and others, have lauded Sasol for their
willingness to meet with the community and "listen to
community concerns" about the VPPP. And even MEAN
believed that Sasol might behave differently than the majority
of companies polluting their community. In the end, these
meetings have been a sham that occupied residents'
attention without providing meaningful acknowledgement or
solutions to key demands.
These voluntary purchase programs are not uncommon in
communities under threat from the spills, emissions and
expansion plans of the petrochemical industry. The fairness
of these programs is not well documented. Mossville's
37
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analysis of their experience can serve as a model for other
communities,
Mossville Residents Treated Unfairly
MEAN members have carefully tracked the experience of
Mossville residents in their negotiations will Sasol. MEAN
can show:
• Mossville residents were told that the guaranteed offer of
no less than $100,000 for property owners, based on
buyouts of Bel Air and the Diamond community of Norco,
was the highest buyout in the country... for a minority
community.
• Real estate appraisals were not conducted in the way
Sasol promised. Rather than judging sHctly on lot size
End the nature of the improvements, for example, a house
with 3 bedrooms and 1 bath, regardless of their
condition, MEAN members report residents being told by
representatives of the consulting firm, "Your appraisals
could have been a lot better if you had done your fob."
There is no evidence that Sasol did their due diligence in
Guaranteeing this vital condition for establishing
settlement amounts was met.
¦ Subjective issues were not taken into account, such as the
predatory real estate market created by Sasol's buyout
and the immediate relocation needs of residents, both
cwners and renters, Renters have been especially
vulnerable to rent increases since the VPPP began.
• Mossville will forego residential zoning protection: In May
2014 the Calcasieu Parish Police Jury granted Sasol's
request to rezone the whole area as heavy industrial,
despite the company's previous assertions that those
who wanted to stay would have regular residential
38
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protections. It appears from the situation of Stacey Ryan,
a Mossville homeowner
(ht t pj//\yww. 5 ierraclub.org/plan ct/2015/07/[ouisi an .a-m a n-
tak.^MaQ.d^aa6jnst-p.etroche m i ca i-gi ~ nt} who has
refused the Sasol buyout that health and safety
guarantees afforded residential residents, such as access
to all roads and public right of ways, access to sewer
services, and electricity, are no longer available under the
heavy industrial zoning designation.
¦ Many younger people, working in the Lake Charles
industrial area built homes and acquired mortgages.
They are reluctant to leave, and are receiving inadequate
buyout offers with no offer of mortgage assistance, as
has been the case in other petrochemical industry
voluntary purchase programs, such as in Midland
Michigan.
Most significant is the way buyout negotiations have allowed
th£Mte.Lce!i.Dsries and chemical processing facilities off the
hook for the damage to Mossville residents' health, water
and land. Delma Bennett, Treasurer of MEAN, stated, "The
issue we were fighting was our health problems caused by
the refineries in our area. It has become just about Sasol,
and that's not fair. There are too many people who died, too
many people got sick, and that's not fair. We don't even talk
about the pollution anymore," The burden of industrials
toxins on the human body does not just disappear when
someone relocates. The effects are long lasting. There are
no provisions for tracking the health and well-being of
Mossville residents post-relocation. Equally unsettling,
Calcasieu Parish and state have enabled the expansion of
the industrial zone deeper into Mossville, allowing Matheson
Tri Gas to relocate over the fence line into Mossville. In
39
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addition, the state of Louisiana has facilitated state the
construction of an additional ethane cracker plant by Axiall
and a new monoethylene glycol plant (MEG) by their partner,
Lotte Chemical. This will increase the burden of industrial
toxins on the surrounding communities.
MEAN and Mossville residents have gone the extra mile to
engage Sasol's process. That engagement ends now,
MEAN wants the public to understand that SasoL
incorporated in South Africa, having established segregated
villages for its workers there, should be held accountable for
a fair, justice and equitable buyout of Mossville residents,
MEAN has the following four demands:
1. Enhance the VPPP program in 3 ways:
• Give every homeowner replacement cost for their home
that is comparable to the present market and that
meets all the needs of the resident,
• Increase minimum buyout price of property to be
comparable to middle class areas.
Give every homeowner $100,000.00 across the board. This
additional payment will be provided to every Mossville
homeowner regardless of his or her participation in or
acceptance of an offer as part of the VPPP.
2. Request IRS to forgive the taxes on all property sold to
Sasol.
3. Provide for pain and suffering caused by Sasol's unfair
and unjust process:
• Develop a scholarship fund for Mossville youth,
including the children and grandchildren of Mossville
residents.
40
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• Pay heritage value for disruption of family and
community life and the destroying of an African
American community founded by a freed slave.
• Establish a historical monument marking the site of
Mossville and guarantee its preservation and the ability
of the public to access it.
• Provide a health clinic for the Mossville residents.
4. Guarantee preservation, maintenance and the ability to
continue to bury and access to cemetery sites that will
remain in Mossville.
41
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Name: Jeannie Economos
Organization: Farmworker Association of Florida
City, State: Apopka, FL
The rami worker Association of Florida
1 a As or lad 611 Canipesina
Asosiyasyon Travavr I .ate
1264 Apopka Boulevard • Apopka, FL 32703
(407)886-5151 phnrta • (407)884-6644 fax
www .fl oi idafarmworkers.org
March 7,2016
National Environmental Justice
Advisory Council
do Kaveti L, Martin, EPA
Rc: Public Comment to NEJAC for Public Meeting March 16-17,2016
Dear NEJAC members:
The Farmworker Association of Florida is submitting these public comments regarding the impacts of
climate change on the health and living and working conditions of the nation's agricultural workers.
Farmworkers are often overlooked as an environmental justice community. Yet, there is no sector of
the community that is more vulnerable than the families that work and live in rural agricultural areas
and that perform some of the most important work in the country — feeding America.
"Agricultural workers" encompasses a large community of individuals and families that work in a
variety of crops and settings and in various states across the nation. From apple orchards and citrus
groves; to vegetable farms and ornamental plant nurseries; to strawberry fields, tobacco farms,
mushroom plants, and Christmas tree plantations, farmworkers across the U.S. have many things in
common, including low, often below-poveity wages mid dangerous working conditions. In addition,
most live in rural areas, work outdoors or in enclosed greenhouses, and are exposed to agricultural
chemicals, including synthetic fertilizers and pesticides. The majority of farmworkers today are
Hispanic, including indigenous members of communities in Mexico, El Salvador, Honduras and
Guatemala, who may speak a language other than Spanish as their first language. A large percentage
includes undocumented immigrants, whose immigration status often subjects them to greater
workplace intimidation and harassment. Farmworkers are often found living in substandard housing in
potentially unsanitary surroundings. These things alone put farmworkers at risk for health and safety
problems in the course of their daily lives.
The effects of climate change arc already being felt by farmworkers and serve only to exacerbate the
already dangerous work and home environments common to most farmworkers. Most notably,
increased daily temperatures and exposure to high indoor and outdoor heat and direct sunlight put
farmworkers at greater risk for heat stress, heat and sun stroke, and even death, as in several tragic
incidents in California in recent years. The pressures of working "piece rate" or by production can
mean that farmworkers are either not given frequent breaks or do not take enough breaks to drink
water and stay hydraled, which can lead to acute health symptoms and result in long-term kidney
damage. Temperature shifts and climate change can lead to increased pest problems and increased
pesticide use, thus, exposing farmworkers to more dangerous chemicals. Pesticide residues persist
longer in higher temperatures and in dry climates, putting farmworkers at greater risk of contact with
42
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pesticide residues and lltdr metabolites, Personal protective equipment is more cumbersome and
uncomfortable in hot environments, increases body temperatures when worn in high temperatures, all
of which makes il more problematic for farmworkers to wear the necessary protective gear in work
conditions when they, in fact, may need it the most.
Drought, climate zones shifts, adverse weather events, such as unseasonable freezes, unusually heavy
rainfall, and natural disasters, can all have an impact on the agricultural industry, which in turn affects
the lives and livelihoods of our nation's farmworkers. Families with no economic safety net arc not
easily adaptable to drastic circumstances influencing their incomes and their jobs. Most farmworkers
do not qualify for disaster unemployment insurance after natural disasters, and those tlrat do qualify
often need to travel to the next location - having not earned enough or any income - to harvest the next
seasonal crop. This could create a tremendous hardship for migrant farmworker families, in addition
to seasonal farmworkers dependent on peak season work.
Vulnerable farmworkers living in remote, rural areas, many times with no personal transportation, may
live in housing that is unsuitable to even normal weather conditions, much less more severe events,
such as extreme heat, unusual rainfall patterns, high winds and/or natural disasters. They are often
overlooked by relief agencies, such as 1-IiM A. and the Red Cross, in the aftermath of natural disasters.
FWAF has first-hand experience of doing disaster response to farmworker communities in the wake of
tornadoes, hurricanes, and flooding in various areas around our state, from Hurricane Andrew in South
Florida, to Hurricanes Jeanne and Charlie in 2004, The potential for an increase in these events with
the advent of climate change puts farmworker families in danger. Less immediately severe, but
potentially equally as dangerous is the issue of access to safe, clean drinking, handwashing and bathing
water in drought-prone areas or in flooded areas where the water supply may have become
contaminated. Unsanitary conditions could, thus, result in increased risk for disease, especially for
those with no disposal income with which to purchase such things as bottled water in case of
emergency.
These are among the issues that farmworkers face from climate change impacts in the United States.
We are calling on the MB,TAG to factor these considerations into the overall recommendations by the
NFJAC to the KI'A, Farmworkers are a distinct, but ultimately extremely vulnerable, population that
needs consideration by the agency in the many ways in which this community will be and is being
affected. One action that the EPA can take to help address at least one aspect of these threats is to
phase out organophosphate and other highly toxic pesticides with long lived residues to protect
farmworkers from prolonged exposure in adverse and extreme heat environments. Promotion of safer
alternatives to these pesticides is among the many avenues the HPA must be factoring into the health
and safety of this environmental justice community.
The Farmworker Association of Florida is a 33-year ok), statewide, grassroots, non-profit, farmworker
membership-based organization with over 10,000 farmworker members who work in the vegetable,
citrus, mushroom, sod, fern and foliage industries in 15 counties in Florida.
Thank you for your time and attention.
Sincerely, t
V 'i' * ' " ' ¦ r
Jeannie Economos, Coordinator
Pesticide Safety and
Environmental Health Project
43
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Name: Angelo Logan - Organization: Moving Forward Network
Moy[ng Forward
WefwoTT
Chair Margaret J. May March 7, 2016
Alt: Karen L. Martin
1200 Pennsylvania Avenue.
NW (MC 2201A). Washington, DC 20460
martin.karenl@epa. gov
Re: Urge EPA to Take Action on Freight Recommendations
Dear Chair May,
On behalf of the Moving Forward Network (the Network), we are requesting that
NEJAC ask EPA to take action on the recommendations outlined in the Networks letter to
EPA in December 2015 (attached). The Network is a national coalition of over 45 member
organizations including community-based groups, national environmental organizations, and
academic institutions in over 20 major U.S. cities that are committed to reducing the public
health harms created by our country's height transportation system. Network members include
individuals who live in and work directly with environmental justice communities.
At NEJAC's last gathering in San Diego, California, our members articulated how deadly
diesel emissions from the goods movement system harms their health, and we encouraged
NEJAC to support a zero-emissions freight transportation system. We also requested that
NEJAC partner with the Network to (1) request that EPA direct each of its ten regions to identify
and prioritize communities maximally exposed to goods movement air pollution, and make plans
for taking action: and (2) support the development and release of the Environmental Justice
Strategic Enforcement Screening Tool (EJSCREEN).
We now write to ask for your continued support, hi December 2015, the Network
submitted a letter to Administrator McCarthy asking that the agency prioritize reducing diesel
emissions from the freights system, and outlined recommendations for reducing such pollution.
Specifically, in our letter, a copy of which is enclosed, we asked that EPA:
• Adopt a new set of national standards to reduce emissions from the freight sector;
• Commit to robust engagement in the environmental review process for freight projects;
• Assist and direct state and local governments to reduce freight-generated pollution as part
of the state implementation plan process: and
• Direct each of its ten regional offices to identify and prioritize actions in communities
maximally exposed to or affected by goods movement facilities and activities
These recommendations are discussed hi detail in the enclosed letter to the Administrator. We
request that NEJAC urge EPA to take action on each of our recommendations outlined iu
44
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Moving Forward Network
2 I
our December 2015 letter. If adopted, these recommendations will meaningfully improve air
quality and public health in numerous communities across the country
Tens of millions of Americans who live near ports, railyards. distribution centers and
busy track corridors are exposed to toxic diesel pollution. Over the course of this past year, the
Network lias met with congressional leaders who are also encouraging EPA to curb deadly diesel
emissions, and articulated the need to curb this pollution in comment letters related to EPA's EJ
2020 Plan, EPA's proposed Phase 2 greenhouse gas emissions standards for heavy-duty tracks,
the Federal Interagency Working Group on Environmental Justice's Draft Action Agenda
Framework (.2016-201S). and EPA's voluntary ports initiative (led by a subcommittee to EPA's
mobile source toxic review subcommittee i, Our members have also met with EPA Regional
Administrators to educate them on the localized harms from the freight sector and to encourage
ongoing dialogue with frontline communities. We need your continued support to encourage
EPA to protect these communities and to advance environmental justice. Thank you in advance
for your efforts.
If you have any questions about the Moving Forward Network or this letter, please
contact Angelo Logan at alogaiwroxy.edu or 213-258-5157.
Sincerely.
Angelo Logan
ce: Matthew Tejacla
Mustafa All
Enclosure: Moving Forward Network Letter to Administrator McCarthy (December 7. 2015»
45
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December 7, 2015
G-iii.i McCarthy
Administrator
U.S. Environmental Protection Agency
12(h) Pennsylvania Avenue, N.W.
Wasnington. DC 20460
Email: Mcc.uthy.gma'fj epa gov
Fax: 1-202-501-1450
Deai Admiiiistiatoi McCarthy;
The Moving Forwaid Netwoik (die Netwoiki writes to request a meeting with yon and youi
staff in fannaiv 201 o to discuss actions that EPA can take to address the devastating health and
enviionmental consequence? that fieight activities impose on communities across the country, W e
also invite von to address die Nenvoik at oni annual gathering 111 Febinaiv 2016 before the New
Paitneis >mait Growth Conference m Poitlancl, Oregon. In anticipation of these meetings, we have
attached information on how freight-related emissions adversely affect the health of enviionmental
justice communities, and detail actions that EPA should take to reduce these effects.
As yon may recall, m July 20 15, we mtioducecl the Network to you via letter and campaign
video here. The Network is a national coalition of over 44 member organizations including
community-based groups, national environmental organizations, and academic institutions, in over
20 major 12.S. cities, representing over 2 million member?, committed to redwing the public health
haims created lav oiu countiv's fieight transportation svstem. Importantly, Network members
include individuals who live in and work directlv with environmental justice communities.
Over tins past veai, we have communicated om advocacy platform to EPA Regional
Administrators, before the National Environmental Justice Advisory Committee, and in comments
on EPA's E|20 20 Plan. EPA's proposed Phase 2 greenhouse gas emissions standards for heavy-duty
trucks, the Federal Interagency Working Group on Environmental Justice's Draft Action Agenda
Framework i20l6-2018\ and EPA's voluntary ports initiative (developed by a subcommittee to the
Mobile Source Toxic Review Subcommitteei. We mention these efforts to underscore that we are
eager to wort with the Agency to prioritize reducing air pollution from the national freight
transportation system.
Thank you for your consideration. We look forward to hearing from you.
Angelo Logan
Campaign Director
Moving Forward Network
Azibnike Akaba
Pokey Analyst
West Oakland Environmental Indicators Project
46
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1
lesse Mjiquez
Executive Director
Coalition feu a Safe Environment
Deborah Kim Gaddv
Environmental juNtice Organizer
Clean Water Action XI
Juan Tanas
Executive Director
Texas Environmental Justice Advocacy Services
Enc Kiikendall
Director
Diesel Health Pioi ect. Inc
Melissa Lin Peirella
Senior Attorney
Director of Western Air Quality and Environmental justice
Natural Resources Defense Cemtio!
Bruce Strouble
Director of Operations
Citizens fcr a Sustainable Future, Inc.
Andrea Hucko, MPH
Pr ofes--oi «;>f Clinical Preventive Medicine,
' Uiiiveisity of Southern C ulifoiiiia
Kect School of Medicine
^Organization f a 'dentine ition purposes only
Enclosure
cc: Matthew Teiada
Mustafa All
47
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Page | 2
RECOMMENDATIONS FOR PROTECTING
COMMUNITIES FROM FREIGHT OPERATIONS
AND MOVING TO ZERO-EMISSIONS
BACKGROUND
I. Freight Emissions Jeopardize the Health of Environmental Justice Communities
A. Freight Operations Emit Deadly Diesel Exhaust and Contribute to Global
Climate Change
Nearly a decade ago, EPA recognized that more than 13 million people (3.5 million of
whom are children) live near major marine ports or rail yards, and that these individuals are
disproportionately low-income communities of color and susceptible to increased health risks from
air pollution.1 These figures do not include the approximately 45 million individuals who live within
300 feet of a highway 2 or close to large distribution centers where diesel emission sources
congregate.
Conventional cargo
movement relies on diesel
powered ships, trucks, and
trains that emit dangerous
particulate matter (PM) and
nitrogen oxides (NOx). These
operations are happening in
regions that already violate
federal clean air standards.'5 The
American Association of Port
Authorities has identified nearly
40 U.S. ports that reside in
counties that are designated
non-attainment for die federal
ozone and PM 2.5 standards.4
In Southern California, for
example, diesel pollution at the
ports of Los Angeles and Long
Beach represents 20% of the region's air pollution.
1 Office of Transportation and Air Quality (OTAQ), U.S. Environmental Protection Agency (EPA), Regulatory Impact
Analysis: Control of Emissions of Air Pollution from locomotive Engines and Marine Compression Ignition Engines Less than 30 Uters
Per Cylinder, EPA420, pp. 2-57 (March 2008). Available at: http://www.regulations.^ov/#idocumentDetail;D=EPA-
HO-QAR-2003-0190-0938
1 See Office of Transportation and Air Quality (OTAQ), EPA, Near Roadway Air Pollution andHealth (May 22, 2015).
Avail'.-.:)];'- at: http: / /www.epa.gov/otaq /nearroadway.htm.
3 International Agency for Research on Cancer (IARC), World Health Organization (WHO), IARC: Diesel Engine Exhaust
Carcinogenic, p. 1 (June 12, 2012). Available at: http: / /www.iarc.fr/en/media-centre/pr /2012/pdfs /pr213 E .pdf.
4 American Association of Port Authorities (AAPA),
Port Communities in Non-Attainment Areas for National Ambient Air Quality Standards (2013). Available at: http://www.aapa-
ports.oiWIssues/content.c:m?IteinNumber= 1278.
Moving Forward.
NefwoTlr
Major freight corridors, roil yards, ports and
logisric centers
48
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Page | 3
Epidemiologic studies have consistently demonstrated tiiat children and adults living in close
proximity to sources of air pollution, such as busy roadways, have poorer health outcomes, including
but not limited to:
Asthma, poor lung development, and other respiratory diseases;
Cardiovascular disease;
Lung cancer;
Pre-term births and infants with low birth weight; and
Premature death.
How deports measure up?
NCX EMISSIONS
Torts ofLos es/Lono Beech versus paver plant attb refinery with
highest /VOx emissions in Set/fit Coast At/Ml) jurisdiction
These health outcomes increase illness and deafii, emergency room visits, doctor visits, hospital
admissions, and missed school days, hi June 2012, the International Agency for Research oil
Cancer, a part of the
World Health
Organization,
classified diesel
engine exhaust as
carcinogenic to
humans after
I determining that there
was "sufficient
evidence that
exposure is associated
with an increased risk
for lung cancer."
EPA itself has listed
diesel particulate
matter as a mobile
source air toxic.
Ports of Los
Angeles/Long
Beach (2013)
Greenleat
Desert View
Power Plant,
Mecca CA
(2011)
DWP Haynes
Generatirg
Station, Long
Beach (201 i)
ah
Exxon
Mobile Oil
Corporation,
Torrance CA
(2011)
Note: This figure compares combined Port of Los Angeles and Port of Long Beach NOx emissions with the highest
NOx refinery and power plant in South Coast Air Quality Management District (SCAQMD) jurisdiction, which includes
the South Coast and Saltan air basins. Since the power plant with the highest NOx emissions in SCAQMD jurisdiction
is in the Salton air basin rather than the South Coast air basin, a high-emitting power plant close to the ports (DWP
Haynes Generating station) is also included.6
5 International Agency for Research on Cancer (TARC), World Health Organization (WHO),) LAKC:
Diesel Engine Exhaust Carcinogenic ([tine 12, 2012). Available at: http://www.iarc.fr/en/media-
centre/pr/2012/pdfs/pr213_E.pdf.
6 By way of example, if die combined Ports of Los Angeles and Long Beach were a power plant, it would be die 21st
most polluting power plant in die United States in terms of NOx.
49
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- : I 4
Freight operation- also produce greenhouse gases lite carbon dioxide ' C02 , which nap
he.tt in the Earth's atmosphere and contribute to global climate change. Freight transport in 2'd 3
vms the third largest category of CO- emissions, and contributed l'i.2°n of all CO, emissions from
fossil fuel combustion. Only electricity generation from coal and on-ioad mobile source
combustion ¦ excluding freight trucks i contribute more, at 3U.5'' « and 33° c respectively."' Emissions
from frerght in the U.S. are on par with "c*" '2UlU CO, emissions from countries like Fiance 1 o 13
AIMT C 0: Eqt and Australia ¦ ?6U MMT C02 Eq .
Global climate change is a serious threat to the health and well-being of the planet.
Greenhouse gase^ released by freight movement, bv contributing to climate change, may increase
heat-related illness u.e.. illnesses such as heat stroke that result when a body's temperature control
system is overloaded and death, health effects related to extreme weather events, health effects
related to an pollution, water-borne and food-borne disrates and vector-borne and rodent-home
disease.
B. Low-Income Communities and Communities of Color are Disproportionately
Exposed to Freight-Generated Emissions
In 2U0~, ICF International conducted a study foi EPA looking at the demographics of
populatioris living near U.S. pons and rail raids.10 The study analyzed who is exposed to significant
levels of diesel particulate matter DPM>. as defined as levels that exceed 2.H ug mi 11 ICF round
that of households and populations living near U.S. ports and rail yards in 2(X'U, rheie was a greater
pioportion of people earning lowei incomes -- SlU.OdU and SlU.U00-S21 at T ,S. harbor1-.lj Based on data
from 43 ports and Census 2(m >0 figures, results suggest that over 4 million people in the U S are
expo-.eel to port-related DPM concentrations that exceed a iuu-pei-milliori carcinogenic health risk
if the exposure concentration were maintained tor U veai~.14 With respect to income and race the
study repealed the following:
I • • >>f population exposed t< > concentrations exceeding a 100-per-niilliori carcinogenic health
u-,k .
US Eimn -mncnt tl PmreLtmii Agency. L t>~n ^ US G S t ^ '>0 Jf 1 EPA -L^-R-15-
t<04, p ES-Oo Aj>iJ i~\ Julfi A" ailablr- a* http aw cknncechaii^c Downloads ^hj;c mission US-GHG-
Liventoiy-iu 15-Main-Text.pdf.
Id.
CAIT Climate Data E\ploiei, Cl t ~n CHGE1 oj oild Res^nu e- Instimte O'lOt Aiailihleat
http: / / cait.wn.orev .
r ICF Ii^cinatioiiol, ICF I * > u : JXt - t >'' > °0 0~4J Bs D P ~t~ -1 d/~~ ~t> £ A" j i.'t ' Hj> i > ^ r Rj.1 \ ,'i.i * '> Scptmihci 2S. 20O~i
11 J Ut ni5 is tlir 1' »\vci end ot rhe i\rccupat»Anal e^pn ,uic^ " bet- mcira^rd cam ei n ^ - taimd aid a Irx tl
tint EP \ use's t- ¦> thie=hokt ten idenMi'm/ iicis vith pooi ui cjuilitv 1 \ T mted Ntat-=- Eiiviiomiiciitil PioteCioa
Amelia, J"I4 DRR.A Pc <>¦ RFPL.J' < 'r P >> > C ' ^ i Sr ?teinnn 10. _014 A\ ail i ilc at
littp tr]M & f., otto, p uts d<>» miicxit-- n 1^ i>nits counts ilea li^t pdt
-ny-
[' Rnnec^vim A et tl, • 'r D P ;r* Hi i +> JFL^- D ^ it - - Si t/f/ US " v Deccmhci
_Mlii Avuhhlc at http ncbi iiliii mh go'" pmc "»xticlc"» FM( #hihl
14 Id
50
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Page | 5
• Almost tvvo times more low-income households (i.e., 1999 incomes less than $10,000) are
exposed to dangerous levels of DPM than the proportion of low-income households in the
U.S. population as a whole.
• In Oakland, CA and Nashville, TN, the proportion of low-income households facing this
high risk is more than 5 times the proportion of low-income residents in die metropolitan
area.
• In Cincinnati, OH, the proportion of low-income households facing tiiis high risk is more
than 4 times the proportion in the metropolitan area.
• In Cleveland, OH and Paulsboro, NJ, the proportion of low-income households facing this
high risk is more than 3 times the proportion in the metropolitan area.
Race (of population exposed to concentrations exceeding a 100-per-million carcinogenic health risk):
• Blacks made up a proportion of the high-risk population that was 3 times their proportion of
the U.S. population
• Hispanics made up a proportion of die high-risk population tiiat was twice tlieir proportion
of the U.S. population
• In Oakland, CA, the proportion of Blacks exposed to diese concentrations was more dian 7
times die proportion in die metropolitan area.
• In Gar}', IN, die proportion of Blacks exposed to diese concentrations was more than 5
times the proportion in the metropolitan area.
• In Chicago, IL and Nashville, TN, the proportion of Blacks exposed to these concentrations
was more than 4 times the proportion in the metropolitan areas.
• In Paulsboro, NJ, the
proportion of
Hispanics was more
than 6 times the
proportion in die
metropolitan area.
• In Cleveland, OH, the
proportion of
Hispanics was more
than 5 times die
proportion in die
metropolitan area.
Further, an analysis of
demographics of people living
near busy terminals at the Port
of New York/New Jersey
shows that tiiere is a higher
share of minority and low-
income households living near
that port dian in die state of
New Jersey and the NY/NJ
metropolitan area. Specifically,
87.9% of the individuals living
Hew deports measure up?
NiX EMISSIONS
"Pott of New York/New Jewy compared to
nearby power plants ano refinery
7000
6000
5Q0Q
4000
3000
2000
•tioo
Q-
Con Edison Easi Northport Power Phillips 66
River Generating Station, Northport, Bayway
Station, New York NY Refinery
NY (2011) (2011) (2011)
Notes:
Con Edison East Flivar Generating Siaiion is the doses: po*er plant to oon.
Northport Por>& Stalioi a foe highest pofurlng power plant within a 50 mile radiiaol port
Phi Bub 66 Bayway Retire ry is the closest refinery to port
51
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6
within oOU meters oi tlie Port oi Elizabeth, Port oi Newark and Howland Hook. N\ container
terminals are considered "mmouty," in comparison ro 40._t> n in die state of New Jersey and 51.10 o
in die NY ' Nj metropolitan area.1"
C. Freight Operations are Increasing—Further Threatening Public Health
All signs indicate that freight operations will intensify over the coming decade, potentially
affecting even more in din duals and contributing to violations of clean ak standards, as veil as
creating toxic hot spots. Br 202U. the total volume of cargo sliipped by water is expected to be
double that of 2001 volumes.1" By war of example, m 2<~»20, the Ports of Los Angeles and Long
Beach are expected to handle the equivalent of 36 million 20-foot container = annually - more than
twice the container volume flowing through these rvo ports in 20U~." Further, rhe Panama Canal
expansion will be completed in April 201o."" Ports in the eastern U.S. and elsewhere have been
expanding to accommodate more container volume, and some of the biggest ships m the world are
able to carry up to 14.000 containers. These expansion projects could shift where international cargo
is moved—exacerbating existing pollution in some areas and creating new impacts in others.
Further, with the tightening of the federal ozone standard, we can expect that diesel-
powered ships, trucks, trams and equipment used to sustain freight operations will pose attainment
problems for manv regions.
K E C O M ME X P A1IQ X S
II. EPA Must Take Action to Address Freight Pollution
The devastating impacts of freight operations require elevation within EPA, In 2009. EPA's
National Environmental Justice Advisory Council ,XEJACi provided 41 recommendations foi EPA
action."' To date, however, EPA has failed to adopt any targeted strategy for reducm? emissions
from the freight sector to the degree necessary to protect public health. As a result, the health crises
m these communities persist and uneaten to get worse witi» incieasai? fieiait activity,
EPA must identify reducing freighr-ielated ail pollution as a top priority for the Agency.
Tackling such pollution will further the Agency's air quality, climate and environmental justice goals
EPA must adopt new national standards for freight-related sources and provide more guidance to
states with freight-related activities in areas that violate national ail quality standards and oi produce
localized health lisks. EPA should direct each of its regional offices to identify and prioritize actions
in communities maximally exposed to or affected by goods movement-related facilities and
I:> Bi cd on 3310 Cen^u> 'population, race, erlmicity > and 2U0t>-20iU Ameiican Coiiimuiury Survey income, poveity*.
lo Ameiican Association of Poit Authontiec lAAPA:, I ,S. Por*L ..ni. w s P< tjy Gr% -c G *>i\»1 TV.v.'r Available
at: littp: ¦upa-poits.oie Industry content,cfm;IteniXombei= 102.2
1 Testimony of Di. Geialdnie Knatz, Executive Duectoi, The Poit of Lo< Anodes on 5 14^9. 77<- Mirr> I av
sj-.'rn s Rf'i before die Senate Committee on Environment and Public Works, t August ^ 200" ,
13 Hie M.uitime Executive. Pj' C-> ^ Pin i>-r Ccr' \* iNovembei 1°. 2015 , Available at,
littp:' maiiTim.e-exrcutive.com article panama-canal-expansLon-^-peicent-complete.
in X
ational Eiiviionmental juctice Advisory Council "XEJAC:, R-:a\ • t _rt_4 ) £>y ss .-1* *r_-Lvrt- j/a? h p Goo ».«1 t
ir orl To*<.:rdsEf < fX". < <> 1v J •s? • - i September 20f"lQ i Available at
http" liyclia.usc,edu sceh.sc veb Resouice^ Reports'-1 2<\uidu n2<'Publications XETACC 'O^Good^' n20AIovemeiit°-o202
009c o20Fiiialc/o20Repoit.pdf.
52
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17
activities, EPA"? EfSCREEN. a review of lecent scientific liteiature on diesel exhaust. ,uid
collaboration with community partner; will be kevs to tins process. As part of these efforts, EPA
should foster regular meetings 111 each legion witli environmental justice communities adversely
affected by freight-ielated an pollution, and ldenLfv short-term and long-term goals that address the
unique needs of each community while aiming to clean-up the freight system as a whole.
Additional details on the actions needed from EPA are outlined below.
A, EPA Should Adopt Regulations to Reduce Emissions from the Freight Sector
EPA must prioritize promulgation of the next generation of national emission standards for
freight-related sources. As discussed below, while the Network believes there are significant
activities that states can and should puisne to address freight-related impacts at the local level, these
efforts will be unsuccessful m most areas without additional national rulemaking. The following
national rules should be prioritized within EPA'
• National Standards for Heavr-Duty Trucks. The Xetwoik has submitted comments oil
EPA's proposed Phase 2 greenhouse gas emissions standards for heavy-duty trucks
encouraging the adoption of incentives for advanced zero-emissions technologies and
addressing particulate emissions from auxiliary power units. Ill addition, EPA should
promptly adopt new nitrogen oxide 'NGxi emission standards foi heavy-duty trucks.
Engine manufacturers have demonstntecl compliance with California's voluntary XOx
standard of 0,02 grams per biake horsepower hour, and the next generation of national
standards should codifr this standard as feasible.
• New Standards for Ocean Going Vessels. EPA should pursue a next generation of NOx
and particulate matter standards. Foreseeable technologies such as liquefied natural gas
iLNG; engines, selective catalytic reduction <5CR;. and more general engine efficiency
improvements hold the potential to reduce NOx emissions by another 90 percent below
current standards,
• National Standards fur Locomotive Engines. EPA should also adopt Tier ? standards for
new locomotive engines. Technologies such as LNG engines and after-treatment such as
SCR can achieve significantly lowei NOx and PM limits. Moreover, technologies now
exist to enable zero-emission track miles. The next generation of standards should reflect
the feasibility of these technologies and mcentivize development and deployment of
advanced zero-emission technologies.
Either as part of a Tiei 3 rulemaking or an earlier rulemaking, EPA should also revise its
definition of "new" locomotive engines to enable states to adopt more stringent
standnds for existing sources wheie needed to address air quality problems associated
with local ireight activities
• National Indirect Source Review Rule. An indirect source is defined in the Clean Air Act
as a facility that attracts mobile sources of pollution. 42 U.S.C. f ~410>a! 5 >• C >. Fieight
hubs such as ports, railvaicls and distribution warehouses are indirect source*. The Clean
Air Act allows EPA to adopt and enforce indirect source review rules for highways.
53
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Page (8
airports and other major federally assisted indirect sources. Li " 41U a; r^B1. A4;
discussed further below, state and local rules can target other indiiect sources and would
benefit from a fedeial model, EPA should use its autlioiitv to set standards to improve
operational efficiencies at federally assisted fierght inibs and mcentivize the development
and deployment of zeio-emission technologies,
B. EPA Should Engage in the Environmental Review Process to Encourage
Cleaner, Health-Protective Infrastructure Projects
In Time 2012, the U.S. Aniiv Corps of Engineer?' Institute for Water Resomces issued a
report stating that expected incretses in population and income will drive increased trade, with
imports expected to grow more than fourfold and exports expected to grow more than sevenfold
over 30 years." In response to this increase in trade, the freight industry has been expanding its
operations. "The uilioad industry has been investing 50-8 billion a yeai ovei the last decade to
modernize railways and equipment, and U.S. poits plan public and pnvate-sourced landside
investments of the same magnitude over each of the next five years. Annual spending on waterside
infrastructure lias been averaging about >1.5 billion,"-*
EPA is frequentlv asked to participate in state and fedeial environmental review processes
i e.g.. NEPA process for major infrastructure projects, iiicludiiisr proposed federal liigliwav projects,
channel deepening projects, budge raising projects, and terminal expansion prefects, EPA must
advocate for environmental justice, mitigation, and transpaiencv m these processes, especially wheie
such projects will adversely affect communities already disproportionatelv impacted lay freight and
other industrial sources. Bv so doing, EPA can ensure that air pollution and cumulative impacts are
accuiatelv identified, and encourage the use of cleaner vehicles and equipment during the
construction and operational phases of the project.
C. EPA Must Assist and Direct State and Local Governments to \iltlress
Freight-Related Pollution
EPA should also prioritize supporting state and local actions to address freight pollution in
areas thai violate the national ambient air qualitv standards and or create toxic "hot spots,"" This
support should include new requirements to assess air pollution contributions from freight activities,
and guidance on legal authorities and regulatorv tools to control freight-related activities, and
incentive funding strategies.
• Require Better Planning Inventories of Freight Activities As the 200Q NET AC
recommendations highlighted, there is a basic need to ideiitifv facilities of concern and
engage the communities around those facilities in formulating solutions. Unfortuiiatelv,
the current approach to state implementation planning does not facilitate that sort of
facilitydiased assessment. For example, emissions inventories tvpicaly quantity the
emissions from various categories of sources including heavy-dutv trucks and
31 U.S. Ami5" Coips of Eugineeis, U.S. Per~ •>, h, ih.,,' IHrtr AfuS/'' ~rrr: Prj'P:* ;• J T ~\isi j, p. iii
ijtuie 20. 20121, Available at:
Imp . wvnr.iwi us.ice..umy.mil, Portals/ '0, docs. portvwatervaTy ipt Jnue 20 U.S. Port and Inland atcrvjy; Pie
Pjiiijj foi Post Panamas Vessels.pdf.
21 Id. at p, vi,
54
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¦ -|9
locomotive? without providing information oil how those emission? axe aggregated at
freight hubs. The result is that state implementation plans tvpically fail to adequately
reform the public about hot-spots of concern and. as a lesult, also typically fail to
explore the unique opportunities for addressing those locations where these sources are
densely active.
EPA should require that :tare; and local agencies identitV .incl quantity emissions fiom
the freight sector including freight mobile sources i ships. trucks, trains, cargo handling
equipment i. freight facilities poits. railyarcU . and freight support facilities destinations
¦ chassis storage vards, container storage yards, inspection facilities, fumigation facilities,
maintenance facilities, fueling locations c Without such information, it is impossible to
determine how much an pollution is created bv freight operations, the extent to which
freight operations create localized health risks, and whether freight operations
significantly contnbute to a region's fedeial iioirattamment status. Without such data, it is
also difficult to advocate foi and devise contiol measnies, including reasonably available
contiol measures required under the Clean An Act, EPA has authority to revise how
inventories aie prepared in oider "to assure the [noiiattainment plan] requirements . .
are met." 42 U.S.C. ~502'C''5i. EPA can also recjuiie these facilities to prepare then
own emissions inventories for use m state planning as a condition of receiving federal
incentive funds for freight-related projects,
• Provide Guidance on Contiol Options Available to State and Local Authorities to
AddierS Pollution from Freight Activities. States with aieas that fad to meet the national
ambient air quality standards iNAAQb > must prepare state implementation plans that
include control measures necessaiv to bring- the aiea into compliance with the national
standards. At a minimum, these plans must "provide for the implementation of all
reasonably available contiol measure*" iRAOL. 42 U.S.C. ~~5u2>c> 1 . EPA has
explained that, m fulfilling the RAOf requirement. states must consider controls not
only on stationary sources, but aiea and mobile souices as well. S->, (•,«. Memorandum
from Roger Strelow. Asst. Admin Air and Waste Mgmt., EPA to EPA Regional
Admimstiatoi -Dec. lc' 6, : ss, /.'so SU Fed. Reg. io34U, 153~1 ISInr. 23, 201a<
• proposed PM2.5 implementation rule . The failure to consider mobile source measures
m the RACM analysis has been found to be a violation of the Clean An Act. Jo' Xv""?
'/•JEJid. 2°4 F,5d 155, 102-Ci3 .D.C, Cir. 2002i vacating EPA approval of plan for
D.C. area based on failure to consider measures such as retrofitting trucks uid buses and
controlling airport ground suppoit equipment i. EPA. liowevei. has piovidecl little
guidance on current options for mobile source measures that states should consider m
fulfilling the RACM recjuiiement.
The keys to cleaning up height pollution will be 111 the advancement of zero-emission
technologies in trucks, trams, marine vessels and a wide variety of cargo handling and
ground suppoit equipment. i21 the advancement of ship and locomotive mission
capture and treatment technologies, and < 3 the turnover or retrofit of duty legacy
vthicle and equipment fleets. Too often, state and lucal an districts assume that because
the sources of emissions at height facilities are mobile sources, state or local agencies
have no authority to regulate because the Clean An Act preempts ceitam non-federal
-- Available at: http:/ , ww
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10
standards on mobile sources. So 42 U.S.C. J and :e The reality is that state and
local agencies hare a number of tools available to them to contioi pollution fiom freight
sources. To address the growing problems associated with freight activities, EPA should
issue guidance to assist states 111 then evaluation of control options
The Clean An Act preempts onlv standard^ on new engines and vehicles. 42 U.S.C.
:43iai and iei. States and local agencies are not precluded from regulating existing
engines and vehicles, for example bv controlling the use of such engines or vehicles.
States can also adopt measures that regulate the facilities that attract mobile sources. 42
U.S.C. J ~410'ai 51. Nor does the preemption extend to controls on the purchasing
decisions of public entities. J,« E nv'.'i Mvy, .4ss': t. Si-.'.ri- Lo^s*.4.rQ t.?f.r< .Uwj> <;< rr
P200" i. Finally, while states are generally precluded from
adopting standards for new engines and vehicles that are more stringent than federal
standards. California is not, and states with nonattainment problems aie free to adopt
standards that aie identical to more stringent California standards. 42 U.S.C J" aO- and
543ief 2 !B i. Examples of each of these options are described below:
T "WY.'.v U,.v Rt\e>::rfX",'s. EPA should encourage states to explore regulatory
requirements and transportation control measures that would incentivize the use of
advanced zero-emissions technologies and preclude the use of outdated, highly
polluting vehicles and equipment.""'' Zero-emission technologies are commercially
available for certain types of port cargo handling equipment and airport ground
support equipment. State and local agencies can adopt restrictions cm times when
dirtier equipment can be used to encourage the use of these cleaner technologies."4
Regulators could also require the use of advanced technologies on high-traffic goods
movement corridors. In California, local commuiiitr groups have suggested that the
proposed expansion of Interstate "10 offers an opportunity to create a zero-emission
conicloi lav building exclusive truck lanes connected to wavside power that would lie
accessible to trucks equipped with catenary systems.Similar projects should be
considered tor other high-traffic corridors, particularlv m the regions most impacted
by fieight emissions. Several cities hi Europe have adopted incentives such as
providing easier loutes to citr centers, subsidies, and differentiation of citr access
charges to promote use of cleaner vehicles."6 These strategies could be extended, for
example, to ban conventional diesel and gasoline combustion trucks from citv
centers to encourage the use of zero-emitting urban vocational trucks."
Lor,'/Sofi've Unlike the other measures described here, EPA cannot
require state and focal agencies to adopt indirect source review 'ISRi rules to satisfy
California has adopted iii-use regulations foi heavy-duty tracks and buses, See
http'/ 'twt-sv arb c.i gi^v/msproo onrdiesel/ oiiixfiesei htm
2,4 Another example of swell use lestiicrion? includes California'* idling restrictions. See
http:/ 'v-wv-.arb.ca.gov/msprGg,'truck-idling/' tmck-klliiig.htni.
-; Coalition for Environmental Health and Justice, I-"!0 E Con.wrx, p. 12 Sept. 2S, 2012 Available ar
http-, docs.mdc.<¦>!>;. ;maitGtowth files -:ma 12100301a pdf.
Ju Eeko den Boei, r,CE Delft, Zirc Efrjsions Tnn'ks:Oien ifu or TV. >'> j - - t\r j. 2 T!t, < at p.
103 (July 2013k Available at:
http:,','www.thelcct.orgsites >¦ default,' files, publications '''CE_Delft_4S41_Zero_eoiissioiis_aaicks_Def.pdf,
2 Id tnoting that highly polluting tracks are already banned in many EU cities).
56
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' 111
RACM. 42 U S.C. ~4 1<").a '5'iAi'ii. Nonetheless. pmvidmg guidance and model
federal mles applicable to federally agisted sources would facilitate the broader use
of tins powerful regnhtoiv tool. Indirect source review rules can be used to ensure
that facilities aie built to operate efficiently. aie equipped with the mfia-tructure
necess.uy to support advanced zero-emissions technologies. and will lestiict the use
and attraction of dirty equipment. Areas can set overall emission targets fo_ these
facilities to meet. 01 include detailed specifications for hc>w these facilities should be
built 01 modified to ensme emissions aie lednced S-i 1 -.""He .y L , ,'h» v .
S •: J'h\r ; T U*'i F. "'-J.-1,"'P"'<'"//' L>, *•>' D sr., o2 F 3d ~3" »Otli Cn. 2i*lii'. ,• r~
Ji , i.1132 S.Ct. 3t>') 2U111 upholding San Toaqum Yallev an district's mdiiect source
leview ialei. Foi example, to encourage the development and deployment :>f Zeio-
emission urban delivery truck*. a state's JSR u.le could lequiie that new distribution
warehouses be equipped with electric charging stations, ISR rule* for marine ports
could set emission standaids fen new oi modified termm tls that would lequii-
efftaency improvements, the deployment of zeio-emis?ion technologies fen cargo
handling equipment, or the installation of shoiende power infrastructure.
Kb r K/ /-if. EPA should also encourage state and local governments to adopt "fleet
inles." As the Agency is aware, fleet inles ieqnue governments to purchase oi lease
cleaner, less polluting vehicles for use in government fleets—e.g., city owned and
operated bus fleets and passenger vehicles. Such inles yield emissions benefits,
advance the n«e of cleaner technologies,"1 and create a maiket foi such technologies.
State and local governments have legal authority* to adopt such rules as proprietary
agencies. E v M'h. _-lss' •Sc? r3 C5.\fr_-1 '¦ 0\vr:r< 311 • ,.?»t vvPy/,, 4^8 F.3d 1031,
ll)45_4n , 200" i 'upholding fleet rules against preemption challenge nuclei the Clean
Air Act; rules constituted proprietary action versus regulatory action and fell within
the market participant doctrine
A number of local lunsdictions ha^e adopted fleet inles that lequiie. for example, all
or a percentage of state and local agency fleets to be hybrid, electric or fuel-efficient
vehicles, oi that newlv acquired vehicles be capable of using alternative fuels oi have
a minimum miles-pei-gallon lating. Jc littp: www afdc eneigv.gov laws state 'U.S.
Department of Energy. Alternative Fuels Data Center website i i chronicling state
laws and incentives lelated to alternative fuels and advanced vehicles, includine fleet
rules!. Accordingly. theie are model? m place that can be replicated.
Cf!~br.. r S\>\\l~rJs. Under the Clean Air Act. states with noiiattammeiit aieas can
require that mobile sources meet the same standard? applicable m CaliforiLa. 42
U.S.C. "" ~rrr and "543 e-,2i'B -. California will need to moie aggiessivelv address
freight sources in order to meet the national standards for ozone. Sa Cal. Air Res.
Board, "Sustainable Freight: Pathways to Zero and Near-Zero Emissions" at p. 1
April 20151 i "To achieve its healthv an cjualitv, climate, uicl sustainabilitv goals,
Cahfoima must take effective, well-coordinated actions to transition to a zero
Advances in technologies m the non-iieight c.ectoi ' e.g., public buses and light duty truck: 5 can promote technological
advance* in the tieight industry. AccoicUngly, wc strongly 'upport tlcct rules th.ii mar indirectly advance clcrtric and
hybrid vehicles in the fieiglit and non-freight sector.
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12
emission transportation system for both passengers and freight" " Widespread
adoption of these California standards will advance these technologies and lowei
co;ts bv improving economies of scale. As pait of EPA's RACM guidance. EPA
should encourage states where fieight sc>uices aie mipoitaiit contributors to
violations of the national standards to adopt mobile source measures that California,
and EPA * through its preemption waiver approval i. have deemed feasible,
• Develop Incentive Funding Strategies to Target Freight Sources. While EPA has
granted subsidies under the Diesel Emissions Reduction Act to reduce freight
emissions,"'"' EPA must develop a more targeted strategy for awarding these funds.
Funds for demonstration prefects should target zero-emission technologies,
including hvbnd technologies capable of achieving zero-emissions miles.
Technologies that rely on combustion of fossil fuels should not benefit from these
funds because they are already capable of achieving much lower standards and will
not achieve the transformational change that is required at our freight facilities.
Furthermore, funding should be targeted to applicants that meet strict criteria,
including, for example, ports with facility-specific emissions inventories that meet
meaningful health risk and emission reduction goals.
To the extent funding is meant to accelerate the deployment of technologies that
have already been demonstrated, these funding programs should be coupled with
regulation" requirements to incentivize early compliance. This combination of
legulatory requirements with incentives for eaily compliance will help the
commercialization of technology by providing cleai market signals to manufacturers.
Without the regulatory component, funding will be inadequate to spin the
investment required to take technologies beyond the demonstration phase.
This list is not intended to be a menu of options for EPA action, EPA must pursue all of
these actions to finally address the growing problem of freight pollution. This list is also intended to
focus on actions that will result in measurable improvements in air quality and health risk. While we
support additional studies, partnerships and processes, these efforts must not be taken m lien of
swift action that will yield direct, measurable benefits.
Available .it: iittp: www arb.ci.gov gmp, stti ,5U5t.miable_Freiglit_Draft_4-3-2lU:i pJt.
jVt- hrtp:1 \w\v2.epa.gov. poits-mltutrre.
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Page ] 13
Moving Forwaid Netwi >ik Members
1. Aii Alliance Houston
2. Bar Aiea Healthr SSU Communities-SL
3. California Cleanei Fieight Coalition
4. Charleston Commiimtv Reseaich to Action Boairl CCRAB)
5. Centei foi Commmiirr Action and Environmental justice
6. Central Califomia Environmental Justice Network
7. Central Vallev Ail Qualitv C oaktion
8. Cititzens foi a Sustainable Future. Inc.
Clean An Council
10. Clean Watei Action, Clean NX atei Fund
il Coalition foi Healthv Poits ;NYNT
12. Coalition foi a Safe Enviionmeiit
13 Co.tlltiOU foi Clean Ail
14. Comite Civico Del Yalle, Inc.
1?. Diesel Health Pioiect, Inc.
It. Eaithpistice
1 . East Yaicl Communities foi Environmental Justice
18. End Oil, Inc.
1° Environmental Health Coalition
2U Environmental Integutv Pioiect
21 Global Coiiimunitr Mc mtc>i
22. Georgia Research Environmental Ecoiioniic Nerwoik (GREEN) Inc.
2J. Harambee House. Inc.
24 Iionbound Community* Corporation
25. Long Beach Alliance foi Ckilclien with Asthma
20. M.uviand Institute foi Applied Eiiviionmental Health, School of Public Health
2~\ National Nmses 12lilted
2S. Natural Resonices Defense Council iNRDC <
20, New Terser Environmental Justice Alliance
3b Png-et Sc>uncl Sage
31. Regional Asthma Management and Prevention RAMP i
32. Respiiatoiv Health Association
33 Rutijeib Robeit Wood Johnson Medical School
34. Rutgeis UmveiMtv School of Management & Laboi
3o. Southwest Detroit Commnnity Benefits Cc>alitic,ii Southwest Detroit Environmental Vision
3o Steps Coalition
3 . Sniiflowei Alliant e
35. Teras Eiiviionmental Tustice Aclvocacv Seivices TEJASj
3'"1. The Center foi the Urban Enrhonment, Thoma< Edison College
4U. THE NEW SCHOOL
41, Union of Concerned Scientists
42. lAiiveisity of Southern California
43. Tfnivei'itv of Texas Medical Bianch Sealv Centei for Environmental Health and Medicine
44, West Oakland Eiiviionmental Indicators Project
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Name: Sharon McCormick
Organization: West Ambler Environmental Injustice Committee
City, State: Ambler, PA
My name is Sharon McCormick. I am a councilwoman In Ambler Pennsylvania. Ambler is home to the
largest asbestos waste disposal sites in the United States, We have over 3 million cubic yards of
industrial waste that is documented and known and it spans over 78 acres. The dumps sites are situated
within the flood plain of the Wissahickon creek and the banks of the creek in this location are the dumps
sites. We suspect that there is much more contamination here that has not been investigated by either
our state or federal environmental agencies.
Ambler, Upper Dublin and Whitpain townships share the burden of 2 Superfund sites within their
borders. Whitpain and Upper Dublin townships are predominantly wealthy townships within
Montgomery county PA. Whitpain Township is among one of the wealthiest townships within
Pennsylvania as a whole. Ambler is a more median income neighborhood: a culturally diverse, small
borough with a population of 6400 residents. Most of the pollution here is associated with Ambler and
not the neighboring wealthier neighborhoods.
Within the borders of the more affluent Whitpain township, lies a small community named West
Ambler. And within this small community, an enormous asbestos factory and a large asbestos dump
operated for more than 100 years. The people here live between the factory and the dump which was
once set up for the workers at the factory. In 1963, 2 blocks of the worker's home were demolished due
to dysentery and unsafe living conditions. The asbestos pile behind these homes was leveled out to
become the Wissahickon/Whitpain Park and the remaining residents were allowed to enjoy this park
until 1984.
In 1984 the USEPA had begun a removal action on the nearby Ambler Asbestos piles. These piles are also
from the same manufacturer, thus a high level of concern within both the Amber and West Ambler
communities was strong. A resident complained of exposed asbestos on the park and the park was
closed due to recommendations by the CDC for potential health hazards. The piles in the West Ambler
community then sat unremediated until 2009 when a group of citizens lobbied numerous complaints of
visible uncovered asbestos waste on the piles and in the adjacent creek. These complaints eventually
lead the BoRit superfund site today. Thankfully.
The BoRit asbestos site has been undergoing an EPA removal action since 2009. A 2 foot dirt cap has
been placed, the surface impoundment was drained and dirt capped and now called a waterfowl
preserve, and the asbestos waste making up the bank of the Wissahickon creek has been secured with
geo-cells, rocks and dirt. This remedy has failed already with the actions of Hurricane Irene and the rains
of this past winter, and the agency has not even issued the ROD yet.
The West Ambler community and the BoRit asbestos superfund site is a flood prone area and has
experienced at least 4 major flooding events in the last 10 years. Potentially contaminated floodwaters
have been documented in nearby residents causing damage to foundations, furnaces and outside
structures. Yet the USEPA has not once tested these residences for contaminants from these known
dump sites after these flooding events. These industrial dump sites are documented by the PADEP and
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the EPA to contain heavy levels of arsenic, lead, TCE, PCE, PCB, Mercury, Cadmium, Vanadium, PAH's,
Phthalates, Dioxin and numerous organic and inorganic, volatile and semi volatile substances all
potentially releasing in the flood waters and trapping inside the basements of these folks homes. Yet the
USEPA is well aware of the situation and refuses to test the homes. South Ambler, also has experienced
a similar situation over the last decade and the agency has yet to test these homes either.
A few years ago, a citizens group established a community vegetable garden on an empty lot in West
Ambler, within a few feet of the BoRit Superfund .The garden had to be demolished because of the
discovery of dioxin on the ESoRit and the potential for contamination. Yet the people's homes and yards
have not been tested.
The old asbestos factory facilities are situated among the residences in this small community. The
factory building are still standing and currently being reused for other commercial businesses, yet none
of them have ever been tested for contamination or remediated. These were known asbestos
manufacturing facilities and the USEPA is well aware of it.
Currently there is a manufacturing facility called Gessner that makes plastics. This facility has a direct
water communication with the BoRit site. The USEPA found that when the factory is operating, the
water level at the monitoring well on the BoRit site significantly lowers. Thus potentially contaminated
water from the BoRit site is used at the Gessner factory and then discharged directly into the Rose
Valley creek which empties a few yards downstream into the Wissahickon. The discharge water is only
tested periodically for PH and temperature. The USEPA is well aware of this situation since they
discovered it and no further testing has occurred. Recreation around and in the Wissahickon creek at
the BoRit location is unbelievably not restricted.
The ground water and surface water at both the BoRit and the Ambler Asbestos Piles Superfund sites
has been very well documented by the USEPA to contain significant contamination, not only asbestos,
and at high levels. The EPA documents describe the ground water pathway to be not fully known, nor
has the agency fully investigated to fill these data gaps to understand the full nature of ground water
and surface water contamination, especially how it relates to potential drinking water contamination.
The drinking water system is owned by the borough of Ambler and consists of a series of wells. The
water is pumped from the wells to a nearby holding tank, where the water sits for 24 hours to enable
sedimentation. Then chlorine is added and the water is allowed do flow to residences by gravity. The
potable water in this community is not filtrated. The nearest operating tank is less than a quarter mile
from the BoRit site. Also, there is historical documentation in old newspapers that suggest that that the
West Ambler water pipes are connected to the old asbestos factory in Ambler. I personal shared this
information with the USEPA, only to have it fall on deaf ears. Nothing was done.
Recently, I learned that the USEPA will allow the children of West Ambler to use the asbestos dump site
as a park once again. The fences and warning signs will be removed despite the contamination on the
park receiving only a 2 foot dirt cap remedy. The last air tests for asbestos conducted in 2011 at this
location yielded high results for asbestos when the agency conducted activity based sampling, and no
future air sampling events are planned for by the agency. So the West Ambler children will be
encouraged to play on an asbestos waste disposal site without warning signs and knowledge of potential
risks and no doubt without future testing events. This will be the first time in US history that a known
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and very large asbestos waste disposal site becomes a recreational facility without removal of the
asbestos contamination. And this is all happening in a lower income community nestled within one of
the wealthiest townships in Pennsylvania. This is not only a gross environmental injustice, this is an
environmental crime.
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Name: Diane Morgan
Organization: BoRit AsbestosSuperfund CAG
City, State: Ambler PA
Brief Description of Concern: BoRit Superfund and proposed construction Bast (5 acres) & Frumin (5
acres) parcels. The former Keasby-Mattison Asbestos factory dumpsite sits at the end of the railroad
tread in the center of Ambler and extends into Upper Dublin and Whitpain townships with more than
100 acres. Twenty four acres constitute the Ambler Piles, a former Superfund site. Thirty four acres
constitute the BoRit Asbestos Superfund site.
BoRit Superfund Site
Remediation failure before completion of the ROD - partial embankment & berm failure, reservoir
overflow. Asbestos, PCB's, PCE's, lead, arsenic, and other chemicals may be leaching into the
Wissahickon Creek and polluting the Philadelphia drinking water. Water has never been tested.
Proposed removal of outer fencing around property before the ROD is completed allowing public access
with acknowledged remediation failures. CAG not notified of remediation failures, CAG member issued
report to the EPA. Last air monitoring more than two years ago.
Gessner Industries, a private industry, has a permit to draw water from the creek for manufacturing of
melamac products. The water is only tested for PH.
Boundary for the BoRit site has been determined by EPA to be at the pavement on Railroad Ave even
though the site extends across the street to Main St. Buildings remain from the old Keasby-Mattison
asbestos factory dumpsite as does more than ten acres of private property across the street where the
owner has a back hoe in the middle of the property. None of those properties have been tested for
asbestos and other harmful chemicals. The EPA has known of and been active on this site since the
1970's.
Bast Property -The Ambler Piles immediately adjacent to the Bast property and part of K&A have
serious depressions/sink holes measuring 6' by 60'. The Bast property was approved for construction of
120 apartment units and an in-ground pool. The site was part of K&A and has the remains of the factory
buildings. The air is not and has not been tested or monitored. The Ambler Piles are failing. The risk of
placing large equipment on the Bast property poses a risk to the integrity of the Ambler Piles and the
risk of exposure to the community.
What do you want NEJAC to advise EPA to do?
Insist the Army Corp of Engineers be summoned to determine why the remedy they suggested is failing
on BoRit. Do not remove any fencing and allow the public access on the property until remediation and
safety concerns are addressed and the ROD issued and approved with environmental controls in place.
Demand signs are posted to inform the public that this is a remediated asbestos waste disposal
superfund site. Test the water in the reservoir and the creek for dangerous levels of chemicals and
reassess the permit given to Gessner Industries as necessary. Access the Philadelphia drinking water
and the Ambler drinking water. Bring the Army Corp of Engineers back to the Ambler Piles where the
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EPA has acknowledged that asbestos is exposed and sink holes have developed. Expand the scope of the
EPA investigation to all of the properties that made up the Keasby-Mattison Asbestos factory which was
more than 70 acres. Test the soil for toxic chemicals and address the risk. Test and monitor the air on a
regular basis to ascertain risk to the public. Do not allow any commercial construction until all concerns
are addressed and then reassess the situation. Test and monitor the air on a regular basis to ascertain
risk to the public. Do not allow any commercial construction until all concerns are addressed and then
reassess the situation.
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Name: Michelle Roberts
Organization: EJHA
City and State: Wilmington, Delaware
March 14,2016
Nnlian.il Hnvironmtnt.it Justice Advisory Cminril
c/ti Karen I. Martin. EPA
Re: PublicComment to N'R[A€ fur Public Mwiirsj; March 16-17,2016
Hear KEJAC; members:
Thss letter is on behalf of irony organizations working within farmworker
communities .ittil ,iims tu address a need for a higher degree of cultural competency
among state enforcement officials that work directly with farmworkers and with the
KI'A in implementing the Agricultural Worker Protection Standard. Addressing this
need wiSI facilitate the Environmental Protection Agency's ability to ensure that the
revised Worker Protection Standards (WPSjare implemented in j meaningful and
ettective manner that will belter protect the health and safety of farmworkers and of
their cum muni lies.
Wf commend the Ap.ency on taking the initiative to mi dress environmental justice
issues within frontline communities across the nation through the establishment of,
and communication with, the National Environmental Justice Advisory Council
(NKJAC). flit' EPA rK'tids to lake what it is tuMnnj; from the conintumlu'S tluit are
must ini)).<(.ted by 11 ivies, to tnet ease inclusive ty when developing the Agency's
future policy. It is imperative ih.it the Agency continues to invite people that are
living and/or working in places that are disproportionately affected by toxics to use
the experience ol the reality in the H| cramm in ties to propose concrete
recam in end at i ons to KI'A, so that the Agent)' may hear fir.uh.md haw the policies
they develop are affectinj; people on the ground,
However, while we understand, encourage. ;nd appreciate the Agency's efforts to
increase cultural competency through Ira tilings wish slate enforcement olficials, it
has been brought to inanyot the tarnworker organizations* attention ih.it many
state cnl'orrment ollicial.s do not have an adequate understanding of the specific
culture within farmworker communities and the power dynamics between
farmworkers and enforcement ulliciak. Thnugb nwetinjis with these officials. It
has become dear that titarsy are nr>t aware of, or sensitive to, the cultural biases that
they hrinj; to a sil nation when interacting with farmworkers. This lack ut awareness
amongst enforcement officials can cause farmworkers lo feel threatened and can
lead lo a decreased ability to investigate potential workplace violations. For
example, when meeting, with the North Cnro ina Department of Agriculture,
Pesticide Division, inspectors were astonished that workers wciutd nut be willing to
meet with them nflrr inspectors addressed t'leni with "Hob, huerias dins". This
shows a disconnect in how .in inspector is perceived by the farmworker community
and how the inspector thinks they are perceived, unaware of their own bias that
they bnnj> to llie situation. Our organizations would like to make the fiiHmvirij;
recommendations on how the Agency can address these issues and give the state
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enforcement official* j'reaier awareness oFhow best to handle investigation
Mtnatmni,
We ask the NJiJAC tu lurinj.; these recommendations before KPA on behalf of our
organizations and on behalf of the farmworker communities we work with and
re present.
• Incorporate rnci.il cqui ly work into cultural competency trainings \vi th
state enforcement oflicials that addresses issm-s such as,
institutionalized racism, privilege, socioeconomic class, and power
dynamics
• Incorporate nil environ men tit justice framework into cultural
competency trainings among state enforcement officials to frame ;i
i tmversiilion around disproportionately impacted cormminilirs
• Encourage cultural awl racial diversity amon;; state enforcement
agencies in hiring their staff and promoting leadership
» Incorporate into cultural competency trainings an understanding of the
role immigration status, language barriers, and cultural norms of
indigenous communities play in communicating with farmworkers
incorporate racial c^Uy^irhMiivcuUurai coiupctenc)' irainivjih stalii
viifiiixcnwrit officials th(i^^[d£t^st]jijssues such as, institutiannlizt'd racism,
jjrivilcfie, socioeconomic class, and power dynamics.
Understanding how race, class, aiul privilege Editor mto power dynamics is
imperative to state enforcement officials interacting with farmworker communllies
in an effective and meaningful way. Furthermore, our organizations Nave observed
souueumomic class playing a big ro!e in Investigations ns Hispanic inspectors act
condescending aiul negatively t«» farmworkers of the snme race an d/or ethnicity, All
people bring certain biases to siluationsth.lt can cause there to be a disconnection
in con imu meat I tin between two interacting parties that can thwart the investigation
process. The Ki'A has invented more fhiin a tlcrade of work into developing the
newly revised WPS. For that effort to he most effectivr-ly realized, understanding
these dynamics is a critical component. Incorporating this sort of infurmalion into
cultural competency trainings e;in increase enforcement opportunities as state
etiffti reinent officials and the farmworker community work to build a relationship
of greater trust and collaboration.
Incorporate an twork iirlo cultural conipitcncy
trainings among,state enforcement officials in frame n cmiwrsaiion around
di-iiiroiHiflioiuitfiv imixictcd communities.
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The process of environmental justice involves Hiduding the groups lh,»t ;irv fimst
affected by environmental degradation and pollution ill the conversation about how
to create policy that positively .iJfecK their community without shifting: the burden
m another community. Framing cultural competency training:; around
environmental justice issues can help to inform enforcement nlflcinls thai there are
certain groups thai have bmi, unti wt31 continue to be, disproportionately affected
by mxics, which In the c.ise of fnrmwo rkers. is usually peslicick's. Power dynamics
within the work environment, in which workers as ethnic minorities are afforded
It'vs health and, s.ifeiy infnrmatitm ami protection, is an environmental justice issue
within the workplace. Including this ciwareness in training can Increase
enforcement officials' awareness of systemic problems ftuiilR farmw«,r kers and
other unvironmcill.il justice communities,
Fncotirafjp ailtnrul and racint diversity among state enforcement nwncirs in
ttw irstaj}' un d ha (Irish ip,
We have noticed th.it a disproportionate number of slate enforcement official'; are
non-Spanish speaking White, males, For example. the state of North Carolina's
Stnictkir.il Pes! Control unit Pcsticide.v Division within the Department of Agriculture
.ind Consumer Services is made up of over 80% While mnfes ,md have only nne
bilingual person un staff for .in estimated 100,000 farmworkers. This is .in
r.vtmnely disproportionate representation of not only the farmworker community,
but also the state as a whole. With only one bilingual employee, tl is ihliicuH tu
investigate potential violations in a Lni£ii.ip,e thai is accessible and comfortable to
fa mi workers. While we acknowledge that the Agency cannot make certain
stipulations on who stale enforcement agencies can hire, we think th.it there k an
opportunity for the Agency to eucoor.ij'.e slate ollicials to make an intentional effort
lo increase diversity amunj; their stale.
fr,corporate i>ita cullural conwctvncv tmininos 'in umlerstamShiti of tin- rule
immhratkm status, lowitunic harriers, and cultural norms oj indubious
cwmmmftles ufav fn communicating wish farm workers
Immigration stiitus uf farmworkers pi ays a significant role in farmworkers'
openness and ability to communicate with compliance and enforcement ottklals of
State agencies enforcing worker protection regulation. Sensitivity to the concerns,
apprehensions, fears, and reluctance uf farmworkers to cooperate with government
officials, who farmworkers may associate with immigration enforcement agents, is
important information to impart to inspectors im-Tstigattiij; workplace compliance
issues. In addition, special inclusion wf the specific considerations for tkvtlinj1, with
cn'ii more matyitialized and le.ss acclimated farmworkers from indigenous
communities in their countries is equally important, as there is an ever increasing
number of farmworkers entering the workforce from these cum mun Hies 111 Central
America.
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We submit tliese recommendations and encourage their incorporation into the
cullur.il competency trainings from the Agency and that we r,in commute to work
together toward a mure inclusive policy development process, Thank you for the
opportunity lo present lltrae recommendations to the NFifAC, and vvv look forward
lo working with the Agency to n meaningful nnd effective implemeriUitiim of the
WPS iind other sUndards set forth by the Agency.
1're.stcin Feck, Policy Advrx'.ue
Tuxtc Free NC
Raleigh, NC
Anne KjUcii. Pesticide and Work Safety Project Director
C.i 11 fornix Rural Leg.il Assistance Foundation
Sacramento, CA
Jeantne Economus
Pesticide Safety and Environmental Health Project Coordinator
Farmworker Association o! Florida
Apopka, Fl,
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Name: Joe Womack
Organization: Mobile Environmental Justice Action Coalition
City, State: Mobile, AL
Please follow the link below to read Africatown's plan for the future as expressed by the residents of
Africatown during a six month planning period sponsored by the city of Mobile, AL.
http://www.cityofmobile.org/
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