NCD980602163_19950401_Warren County PCB Landfill_SERB C_USEPA - Warren County PCB Landfill_SERB C_Environmental Justice Strategy - Executive Order 12898-OCR

Introduction
THE ENVIRONMENTAL PROTECTION AGENCY'S
ENVIRONMENT AL JUSTICE STRATEGY
INTRODUCTION
EPA was established in 1970 in response to growing concerns about the problems and the
difficulties in protecting public health and improving environmental conditions in our country.
These concerns included unhealthy air, polluted rivers, unsafe drinking water, and waste disposal.
EPA, and the Clinton Administration, believe that all Americans are important to the future of our
nation and deserve to be protected from pollution, regardless of race, color, national origin, or
economic circumstance. Early in her tenure, EPA Administrator Browner accepted the challenge
to make environmental justice one of EP A's highest priorities. As part of the National
Performance Review (NPR) efforts to reinvent government, the Administrator formed a team of
EPA employees to focus on the Agency's mission, including environmental justice, and find
solutions to problems that impede fulfillment of its mission.
On February 11, 1994, President Clinton issued Executive Order 12898, "Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income Populations," and an
accompanying Presidential memorandum, to focus Federal attention on the environmental and
human health conditions in minority communities and low-income communities. The Executive
Order, as amended, directs Federal agencies to develop, by March 24, 1995 an Environmental
Justice Strategy that identifies and addresses disproportionately high and adverse human health or
environmental effects of their programs, policies, and activities on minority populations and low-
income populations.
DEVELOPMENT OF THE ENVIRONMENTAL JUSTICE STRATEGY
Our Goals:
♦ No segment of the population, regardless of race, color, national origin, or income,
as a result of EP A's policies, programs, and activities, suffers disproportionately
from adverse human health or environmental effects, and all people live in clean,
healthy, and sustainable communities.
♦ Those who live with environmental decisions --community residents, State, Tribal,
and local governments, environmental groups, businesses --must have every
opportunity for public participation in the making of those decisions. An informed
Introduction
and involved community is a necessary and integral part of the process to protect
the environment.
The Principles: The purpose of the Strategy is to ensure the integration of environmental
justice into the Agency's programs, policies, and activities consistent with the Executive Order.
As the Administrator said when the President issued the Executive Order:
"We will develop strategies to bring justice to Americans who are suffering
disproportionately.. We will develop strategies to ensure that low-income and minority
communities have access to information about their environment--and that they have an
opportunity to participate in shaping the government policies that affect their health and
environment."
Our strategy and further efforts on environmental justice will be based on the following
guidirig principles:
1) Environmental justice begins and ends in our communities. EPA will work with
communities through communication, partnership, research, and the public
participation processes.
2) EPA will help affected communities have access to information which will
enable them to meaningfully participate in activities.
3) EPA will take a leadership and coordination role with other Federal agencies as an
advocate of environmental justice.
The Process: Since the NPR report and the issuance of the Executive Order, a number
of steps were undertaken by the Agency:
♦ EPA established the Environmental Justice Steering Committee and Policy
Workgroup to develop, help implement, and monitor EPA's environmental justice
activities. The Steering Committee acts as a senior management "board of
directors" to guide environmental justice at EPA The Policy Workgroup, made
up of senior-level staff, develops, implements, and reviews environmental justice
policy. In addition, each Office and Region has established Environmental Justice
Coordinators. These three groups are assisted by the Office of Environmental
Justice.
♦ On April 11, 1994, EPA formed the National Environmental Justice Advisory
Council (NEJAC), which is comprised of 23 representatives from academia,
business and industry, State, Tribal, and local governments, environmental
organizations, community groups, and non-governmental organizations. The
NEJAC provides advice to the Agency on matters related to environmental justice.
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Introduction
Communities and leaders of the environmental justice movement have taken
leadership roles in this process.
♦ The EPA National Goals Project has held a series of public meetings around the
country to identify major environmental priorities, including environmental justice
issues. Environmental justice concerns are integrated into EP A's process of
identifying national environmental goals.
The Steering Committee and Policy Workgroup have been developing an environmental
-j··-us~t·1-c_e_s~tr-a~te_gy_ for the last year. The first step was the Environmental Justice Action Plan
developed in response to the recommendations of the NPR. The Action Plan was incorporated
into the Agency's draft outline of the Environmental Justice Strategy produced pursuant to the
Executive Order. Expanding on the draft outline, Offices and Regions contributed substantially to
this Strategy. The Strategy incorporates the Agency's work with the Federal Interagency
Working Group on Environmental Justice, its task forces, and with other Federal agencies. It was
produced with the hard work and expertise not only of those within the government, but, more
importantly, with the support of a broad range of individuals outside the government who care
about these issues.
The early documents leading up to the development of this final Strategy were developed
with involvement of diverse people and groups working together. EPA recognizes that no
process would be appropriate without up-front involvement of our communities and stakeholders.
For example, the NEJAC and its four subcommittees have been actively involved in the strategy
development process by reviewing and commenting on EP A's Environmental Justice Action Plan,
EPA's draft outline, and draft strategy. At the January 1995 NEJAC meeting in Atlanta, NEJAC
committees and subcommittees contributed substantial comments to the Draft Environmental
Justice Strategy. EPA and other agencies held an interactive public forum to solicit comments on
the draft Strategy from communities and stakeholders throughout the nation.
The strategy uses the term "minority" rather than "people of color" in order to be
consistent with the Executive Order, but EPA is mindful and supportive of many communities'
desire to use "people of color." The Strategy's uses of the term .indigenous refers to all people
within the boundaries and territories of the United States regardless of their affiliation with a
federally-recognized Tribe. However, the Agency recognizes various terminology preferences
among native people and will strive to respect and utilize appropriate language on a case-by-case
basis in its interactions with native constituents.
This Strategy is a broad, framework intended to be a "Living Document" and an initial
step in an ongoing effort to integrate environmental justice objectives into the Agency's activities.
3
Introduction
INTEGRATION WITH OTHER EPA PRINCIPLES AND APPROACHES
The Environmental Justice Strategy is well-integrated into the fabric of many of the
Agency's principles and initiatives which the Agency considers fundamental to its operation and
mission. In fact, environmental justice is one of the seven guiding principles established in the
Agency's strategic plan, "The New Generation of Environmental Protection." For example, in
EP A's community based environmental protection, the Agency works with the affected
communities in fashioning strategies to promote a healthy environment and a sustainable
economy. Additionally, partnering with communities with minority low-income populations
which may be suffering from disproportionately high and adverse human health or environmental
effects should be a cornerstone of EP A's pollution prevention efforts. Another important
partnership is with the States and Tribal governments in the operation of regulatory and
enforcement programs. EPA recognizes the crucial implementation role of these State and Tribal
partners, and will work with them to incorporate environmental justice into our efforts.
Furthermore, NPR activities underway provide a foundation for addressing institutional
environmental justice issues in a more coordinated fashion . One example is the reorganization of
the Agency's enforcement functions into the Office of Enforcement and Compliance Assurance
(OECA). The reorganization allows the Agency to make better use of innovative compliance
methods in cross-cutting areas such as multi-media enforcement, geographic initiatives, and
industrial sectors, all of which should work to the benefit of affected ..communities.
The Agency has developed an overarching approach focused on establishing common
sense principles and procedures for conducting the Agency's business. The Common Sense
Initiative is a sweeping effort to work with industry on a sector-by-sector basis to address public
health and environmental issues. It brings together communities, environmentalists, industry,
States, Tribes, and others to develop cleaner, cheaper, and smarter solutions.
The Strategy has the follo~ing five environmental justice mission topics: 1) Public
Participation, Accountability, Partnersh'ips, Outreach, and Communication with Stakeholders;
2) Health and Environmental Research; 3) Data Collection, Analysis, and Stakeholder Access to
Public Information; 4) American Indian and Indigenous Environmental Protection; and
5) Enforcement, Compliance Assurance, and Regulatory Reviews. The Strategy also contains a
final section describing a number of model projects.
4
Introduction
IMPLEMENTATION
Accompanying this Strategy will be EPA' s Environmental Justice Annual Report which
enumerates program and regional projects that are planned or underway consistent with this
strategy. EPA Offices and Regions will be expected to update their existing environmental
justice strategy or implementation plan to ensure adherence to the Agency guidance outlined in
this Strategy. In addition, each Office and Region will be expected to develop mechanisms
for stakeholder and community input, interagency/intergovernmental coordination, pilot
projects, and real measures of progress. An evaluation of our progress on all these activities
will be undertaken and completed by September 30, 1995.
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.,/II
Public Participation, Accountability, Partnerships,
Outreach, and Communication with Stakeholder.'i
PUBLIC PARTICIPATION, ACCOUNT ABILITY,
PARTNERSHIPS, OUTREACH, AND
COMMUNICATION WITH STAKEHOLDERS
EPA will promote partnerships, outreach, and communication with affected
communities, Federal, Tribal, State, and local governments, environmental
organizations, academic in.'ititutions, non-profit organizations, and busines.'i and
indu.'itry .
IMPORTANCE OF PUBLIC PARTICIPATION, ACCOUNTABILITY,
PARTNERSHIPS, OUTREACH, AND COMMUNICATION
A comprehensive approach to identifying and addressing environmental justice
concerns requires the early involvement of affected communities and other stakeholders.
Additionally, approaches to effectively address environmental justice issues require
partnership, the leveraging of resources, and coordination. Most significantly, in efforts to
pool all available knowledge, EPA will access and incorporate expertise of local, affected
community members throughout this process.
OBJECTIVES FOR PUBLIC PARTICIPATION, ACCOUNTABILITY,
PARTNERSHIPS, OUTREACH, AND COMMUNICATION
1) Outreach and Partnerships: To ensure their active public participation and to provide
input early in environmental decision-making, EPA will enhance partnerships and
coordination with stakeholders, including: affected communities, Federal, Tribal, State,
and local governments, environmental organizations, non-profit organizations, academic
institutions (including Historically Black Colleges and Universities (HBCUs), Hispanic
Serving Institutions (HSis), and Tribal Colleges), and business and industry.
♦ EPA will use the National Environmental Justice Advisory Council (NEJAC),
along with input from other stakeholders, particularly those from affected
communities, early in the decision-making process.
♦ EPA will utilize public participation models, such as the one created by
NEJAC, in its partnerships, and outreach and communication activities.
♦ EPA will work to improve environmental education, training opportunities and
partnerships with academic institutions, including HBCUs, HSis, and Tribal
6
Public Participation, Accountability, Partnen.hips,
Outreach and Communication with Stakeholder.-.
Colleges. EPA will improve communication, education, and outreach on
environmental justice issues among all stakeholders.
♦ EPA will ensure that public documents and notices related to human health or
the environment are concise, understandable to the community involved, and are
made readily accessible to the public.
♦ Whenever possible and appropriate, EPA will publish public notices for EPA
public meetings in languages other than English, in local and minority-oriented
newspapers, and through electronic media, including radio and television. EPA
will identify a network of translators to assist in conducting public meetings.
♦ EPA will ensure mailing lists include Tribal governments and organizations,
environmental justice organizations, and other interested stakeholders including
schools, civic associations, local business and industry associations, and
religious institutions as appropriate.
♦ EPA will exchange information and expertise with affected stakeholders.
♦ EPA will work to ensure that future legislation will incorporate techniques to
improve public participation.
2) Technical Assistance: EPA will examine its current technical assistance programs for
minority communities and low-income communities.
♦ EPA will administer appropriate grant programs for and promote technical
assistance to partners particularly small business, community-based
organizations, and Tribal governments.
3) Training: EPA will encourage State, Tribal, and local governments to work with the
Federal government to achieve environmental justice goals through training and other
coordinated activities.
♦ EPA will incorporate an ongoing orientation and training program for its
personnel on environmental justice issues, including those related to public
participation, tribal relations, health research, and data gathering. The
development of training programs will include input from stakeholders,
including grassroots organizations. The training will be tailored to the needs of
the Office or Region. Training kits may include: generic information on
environmental justice, examples of model initiatives and projects, and public
participation guidelines.
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Public Participation, Accountability, Partnerships,
Outreach and Communication with Stakeholders
♦ EPA will offer training assistance to other Federal agencies and Tribal, State,
and local officials on environmental justice issues.
♦ EPA will sponsor environmental justice seminars or workshops to focus on media-
specific environmental justice activities and case examples.
4) Management Accountability: EPA will strengthen management accountability for
environmental justice activities.
♦ EPA will reorganize to strengthen leadership and management of environmental
justice activities in the Agency.
♦ EPA will develop a system for monitoring and evaluating program
improvements resulting from the integration of environmental justice.
♦ Each Office or Region will develop a feedback mechanism for tracking
environmental justice activities across the Office or Region, focusing on both
major environmental justice projects and routine implementation of the policy
by staff.
5) Public Participation in Facility Siting and Pennitting: A. major priority for the Office
of Solid Waste and Emergency Response (OSWER) is to address the siting and permitting
of hazardous waste facilities that might have a disproportionately high and adverse human
health or environmental effect on minority or low-income communities.
♦ OSWER will improve public participation in siting and permitting decisions.
♦ Resolution of these issues is expected to focus on at least two major avenues:
I) early and ongoing public participation in permitting and siting decisions, and
2) active participation in the Agency-wide effort to develop methodologies for
defining cumulative risk from multiple sources.
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Health and Environmental Research
HEALTH AND ENVIRONMENT AL RESEARCH
In coordination with other Federal agencies, EPA will design and conduct
environmental and human health research needed to support its environmental
justice programs.
IMPORTANCE OF HEALTH AND ENVIRONMENTAL RESEARCH
Human health and environmental research is a cornerstone of informed decision-making
to ensure a healthy environment. The main environmental justice objective for EPA's health
and environmental research is to improve the scientific basis for decisions by conducting
research and related activities to identify and prioritize environmental health risks, as well as
pollution prevention opportunities for risk reduction. EPA recognizes that environmental
justice issues are multi-disciplinary and that addressing them properly requires coordination
with other research organizations and stakeholders.
OBJECTIVES FOR HEAL TH AND ENVIRONMENTAL RESEARCH
1) Research Partnerships: Working with affected stakeholders:
♦ An early EPA priority will be to explore the dimensions of community-led
research and to better integrate this model into EPA' s research strategy.
♦ EPA will explore through pilot projects the resources and strategies necessary to
help train community people to be effective collaborators in the research
process. This training will include such things as decision-making processes,
research design, questionnaire construction, data collection, and data analysis.
♦ EPA will work with minority communities and low-income communities under
study to incorporate, to the extent practicable, their concerns and comments in
EPA research design, data analysis, implementation, and information
dissemination.
♦ EPA will work with the scientific community to improve health assessments and
risk assessments and incorporate environmental justice including socioeconomic
issues into its policies and guidance.
9
Health and Environmental Research
♦ EPA will support environmental justice research through (1) competitive grants
to researchers examining environmental justice questions and, (2) exchange
programs between EPA and non-governmental groups with a shared research
agenda.
♦ EPA will expand interagency and other intergovernmental partnerships to ensure
a coordinated research strategy and the ability to target cross-disciplinary
projects in affected communities.
2) Sound Science: Working with affected stakeholders, EPA will conduct research i~
areas where it can make the greatest contribution to environmental justice and in a
manner to ensure that the Agency's environmental justice policies are based on sound
science.
♦ EPA, in coordination with other Federal agencies, will: collect, analyze, and
maintain information on fish and/or wildlife subsistence consumption patterns,
conduct research, develop methodologies, collect data, and publish guidance on
the human health risks and effects associated with the consumption of pollutant-
bearing fish, and wildlife. EPA will communicate the risks of those consumption
patterns and work to integrate differential consumption patterns of natural
resources and exposure patterns into the Agency's regulations, guidance, policies.-
and other activities. •
♦ EPA will continue to develop human exposure data and will address exposure in
at least three main areas: methods development, model development, and
monitoring data.
♦ EPA will assess major pollution sources of high environmental risks in
communities and support pollution prevention with research, as needed, to
reduce risk from those sources.
♦ EPA will evaluate the current state of knowledge in exposure and cumulative
risk fields, and then identify data gaps and research needs. In particular,
research needs to include diverse exposed populations in epidemiological and
clinical studies, especially those population segments at high exposure.
♦ EPA's risk characterization guidance will help communicate risks by characterizing
the most important findings and conclusions. Risk characterization includes the
strengths, weaknesses, and assumptions of the risk data and analysis and a
· comparison to other risks.
♦ EPA will work to ensure that future legislation will be responsive to environmental
justice health research and data needs.
Data Collection, Analysis, and Stakeholder Access to Public Information
DATA COLLECTION, ANALYSIS, AND
STAKEHOLDER ACCESS TO PUBLIC INFORMATION
EPA 's mission of protecting public health and the environment depends on
individuals within and outside of the Federal government having access to good data
for inf onned decision-making.
IMPORTANCE OF DATA COLLECTION, ANALYSIS, AND ACCESS
A sound information resource management foundation is vital to the Agency in its
ability to provide objective, reliable, and understandable information for our programs and
stakeholders. By strategically managing and integrating information, the Agency will better
understand environmental justice issues and make better decisions. EPA will work with
affected communities, State, Tribal, and local governments, and others to have the best
possible information available to identify and address disproportionately high and adverse
human health or environmental effects on minority populations and low-income populations.
OBJECTIVES FOR DATA COLLECTION, ANALYSIS, AND ACCESS
1) Addressing Data Gaps: EPA will conduct an inventory of the Agency's major data
systems to identify uses, limitations, and gaps.
♦ EPA will work to fill data gaps including those related to pollution prevention in
affected communities and those identified by affected communities through
interactive needs assessments.
♦ EPA will examine, and expand, as appropriate, its databases to identify major
facilities or sites, including Federal and non-Federal facilities or sites (covered
by the Executive Order), that could pose a substantial environmental, human
health, or economic effect on the surrounding populations.
♦ EPA will coordinate with public health departments and other Federal agencies
to improve environmental health and exposure databases.
♦ EPA, in partnership with affected stakeholders, will:
♦ identify methods of combining data and performing analysis for geographical
and exposure information, and will publish guidance on how to use these
methods to address environmental justice.
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Data Collection, Analysis, and Stakeholder Access to Public Information
♦ increase the accuracy of its locational data for major facilities or sites of
potential toxic releases and environmental quality monitoring points in affected
communities.
2) Improving Quality and Reducing Burdens of Data Reporting: In partnership with
affected stakeholders:
♦ , EPA, in coordination with other Federal agencies and State, Tribal, and local
governments, will work to create effective reporting mechanisms, including
electronic reporting, to minimize cumbersome or duplicative reporting
requirements and to improve accuracy.
♦ EPA will develop key identifiers, assist citizen reporting of key data elements,
and facilitate analysis of human health and environmental data.
3) Data Integration and Analysis: In partnership with affected communities and
stakeholders:
♦ EPA will promote the use of Geographical Information Systems (GIS) to
enhance identification of disproportionately affected communities.
♦ EPA will integrate the Agency's information resource management process
linking environmental priorities, data needs, and resource investments.
♦ EPA will collect, analyze, and disseminate data that will compare environmental
and human health risks to populations identified by race, national origin, or
income.
4) Improving Public Access: In partnership with affected stakeholders:
♦ EPA will work to provide, as appropriate and practicable, direct stakeholder
and user involvement in the design, implementation, and evaluation of its
information systems.
♦ EPA information systems, as appropriate and practicable, will allow two-way
communication between the Agency and community information users.
♦ EPA will produce educational materials to assist the public in their effective use
of EPA data.
♦ EPA will make available to the public, information it collects on populations
surrounding major facilities or sites.
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I •
American Indian, Alaska Native, and Indigenous Environmental Protection
AMERICAN INDIAN, ALASKA NATIVE, AND
INDIGENOUS ENVIRONMENTAL PROTECTION
EPA will work with Federally-recognized Tribal governments, Tribal and indigenous
organizations, affected native populations, the Tribal Operations Committee, and the
National Environmental Justice Advisory Council to integrate the provisions of the
Executive Order into EPA 's environmental policies, programs, and activities.
IMPORTANCE OF AMERICAN INDIAN, ALASKA NATIVE, AND INDIGENOUS
ENVIRONMENTAL PROTECTION
While other sections of this Strategy specifically include, where appropriate, Federally-
recognized Tribal governments and/or indigenous people, this section addresses environmental
justice issues that are unique to Federally-recognized Tribal governments, their members, and
other indigenous communities. Many initiatives aimed at achieving environmental justice are
steps towards achieving more broad public participation and equity in environmental protection
for American Indians and indigenous communities. Environmental protection for American
Indians, Alaska Native, and indigenous communities is a critical part of the Agency's mission.
This is illustrated by the Agency's Indian Policy, the establishment of the Tribal Operations
Committee, the creation of the American Indian Advisory Council and the American Indian
Environmental Office, and the incorporation of indigenous issues 1:hrough the National
Environmental Justice Advisory Committee and the Office of Environmental Justice.
OBJECTIVES FOR AMERICAN INDIAN, ALASKA NATIVE, AND INDIGENOUS
ENVIRONMENTAL PROGRAMS
♦ EPA will continue to work with other Federal agencies and Federally-recognized Tribes
to effectively protect and improve Tribal health and environmental conditions. These
activities will include: providing outreach, education, training, and technical, financial and
legal assistance to develop, implement, and maintain comprehensive Tribal environmental
programs, which will undertake the remediation of environmental hazards and the
development and implementation of Tribal environmental codes and Tribal-EPA
Agreements to address Tribal needs, program delegations, and direct Federal
implementation.
♦ EPA will implement its programs both for American Indians and indigenous communities,
recognizing the government-to-government relationship, the Federal Trust responsibility,
Tribal sovereignty, treaty-protected rights, other tenets of Federal Indian law, and
particular historical and cultural needs of Tribes and indigenous populations. To ensure
consistency, the Office of Environmental Justice, the Environmental Justice Coordinators,
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American Indian, Alaska Native, and Indigenous Environmental Protection
the American Indian Environmental Office, the Office of Enforcement and Compliance
Assurance, and the Indian Coordinators will work closely to coordinate activities.
♦ Human health and environmental research and other activities involving Tribal and
indigenous environments and communities will take into account the cultural use of
natural resources. These activities will seek contributions from Tribal governments and
indigenous people in order to incorporate their traditional understandings of, and
relationships to, the environment.
♦ EPA will work with other Federal agencies, Federally-recognized Tribal governments, and
environmental justice advocates to develop appropriate guidance for addressing
indigenous grassroots environmental justice issues and encourage public participation
processes for environmental protection activities.
♦ EPA will work with Tribal governments and indigenous populations to protect and sustain
Tribal and indigenous health, environments, and resources.
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Enforcement, Compliance Assurance, and Regulatory Review
ENFORCEMENT, COMPLIANCE ASSURANCE, AND
REGULATORY REVIEW
EPA will include a focus on environmental justice issues in its enforcement initiatives
and through compliance analysis, data analysis, and regulatory review relating to
populations covered by the Executive Order. EPA will implement Title VI of the Civil
Rights Act and will consider environmental justice issues through the review of and
comments on other Federal agencies' proposals and actions under the National
Environmental Policy Act and Section 309 of the Clean Air Act.
IMPORTANCE OF ENFORCEMENT, COMPLIANCE ASSURANCE, AND
REGULATORY REVIEW
Strong and effective enforcement of environmental and civil rights laws is fundamental
to virtually every mission of EPA. The Agency recognizes that conditions affecting covered
populations (populations covered in the Executive Order), whether in rural or urban areas, can
result from multiple exposures, high-level exposures from a single source, and chronic non-
compliance. The pollution comes from diverse sources, including both private and Federal
facilities. The Presidential memorandum issued with the Executive Order emphasizes that
existing laws, including the National Environmental Policy Act (NEPA) and Title VI of the
Civil Rights Act of 1964, provide opportunities for Federal ~encies to address environmental
hazards in minority communities and low-income communities. The Agency further
recognizes that it must, along with its Federal, Tribal, and State partners, work to identify and
respond to any regulatory gaps in the protection of covered populations.
OBJECTIVES FOR ENFORCEMENT, COMPLIANCE, AND REGULATION
1) Strategic Enforcement of Environmental Statutes: EPA will incorporate
environmental justice concerns into its program for ensuring compliance with Federal
environmental requirements at both private and Federal facilities. The Agency will
review and revise as needed significant policy and guidance documents to address
environmental justice issues . A major feature of this approach will be to ensure that
EPA' s enforcement and compliance assurance activities include a focus on minority
communities and low-income communities which suffer from disproportionately high
and adverse human health or environmental effects. EPA will use, as appropriate, the
full range of tools available to it to correct noncompliance in such communities.
EPA will ensure that Memoranda of Agreement between Headquarters and Regional
offices reflect environmental justice activities and will include environmental justice
as a specific component of program reviews.
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En/ orcement, Compliance Assurance, and Regulatory Review
♦ EPA will include in its enforcement efforts identification of communities and
populations, such as low-income urban and rural populations which suffer from
disproportionately high and adverse human health or environmental effects.
EPA will work to ensure that inspection and enforcement actions are sufficient
to address those effects.
♦ EPA 's focused efforts will use the most current demographic information (using
Geographic Information System mapping techniques), Toxics Release Inventory
data, media specific and multi-media data, community reports, and relevant
health statistics.
♦ EPA will customize its enforcement and compliance assurance program for
affected communities to reflect the needs of the community and the particular
compliance problems in that community. EPA will also use technical support
and assistance as a supplement to traditional enforcement as appropriate.
♦ EPA will actively encourage the use of creative approaches to settlement of
enforcement actions, particularly where violations have been identified in
communities disproportionately impacted by environmental problems
(traditionally, many enforcement actions have been resolved by assessing cash
penalties and imposing "end of pipe" solutions). Specifically, Regions and
States will be encouraged to obtain Supplemental E1'vironmental Projects
(SEPS) which promote pollution prevention, remedy environmental damage,
and collect adequate monetary fines. The goal of the projects will be to reduce
long-term exposures within the affected community.
♦ EPA will work with academic institutions, including HBCUs, HSis, and Tribal
Colleges, and other local environmental justice groups to develop an educational
program that provides affected communities with information on environmental
protection, such as statutory and regulatory matters; citizen rights under Federal
and. State environmental statutes; whistle-blower protection for employees; the
interpretation of data on performance available to the public; and the regulator's
role in ensuring compliance.
2) National Environmental Policy Act (NEPA) and Clean Air Act (CAA) Section 309
Responsibilities: Under the authority of NEPA and Sec. 309 of the CAA, EPA will,
consistent with regulations and guidelines issued by the President's Council on
Environmental Quality, routinely review the environmental effects of major Federal
actions significantly affecting the quality of the human environment. For such actions,
EPA reviewers will focus on the spatial distribution of human health, social, and
economic effects to ensure that agency decisionmakers are aware of the extent to which
those impacts fall disproportionately on covered communities.
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En/ orcement, Compliance Assurance, and Regulatory Review
♦ EPA will aid Federal officials in their review of Federal actions as it relates to
carrying out its responsibilities under NEPA and CAA Sec. 309.
♦ EPA will consider holding workshops and seminars with Sec. 309 reviewers and
NEPA coordinators to further explore environmental justice impact analysis
methods.
3) Non-discrimination: EPA will work to ensure non-discrimination in the development
and implementation of environmental protection programs.
•
•
•
•
EPA will improve its implementation of requirements of Title VI of the Civil
Rights Act of 1964 (Title VI) by issuing guidance, and conducting oversight for
State and local recipients of EPA funding.
EPA will develop guidance on the requirements of Title VI for carrying out
Federally-authorized State permitting programs under the Clean Air Act, Clean
Water Act, and the Resource Conservation and Recovery Act.
EPA will work to develop case referral guidance, training materials on
environmental justice and Title VI, and materials on Title VI compliance
reviews.
• EPA will develop guidance on non-discrimination responsibilities of the Agency
under the Executive Order.
4) Regulatory Review: EPA will work to ensure that environmental justice is incorporated
into the Agency's regulatory process.
♦ EPA will complete its Regulatory Impact Analysis Guidance. This will provide the
Agency guidance on ways to incorporate environmental justice into its regulatory
development process. · ·
♦ A cross-Agency work group on grants and environmental justice will examine
options for incorporating environmental justice into EP A's grant programs to
adequately reach minority populations and low-income populations and make
recommendations to the Steering Committee on implementation.
♦ EPA will work with other Federal agencies and State, Tribal, and local
governments to address environmental problems involving jurisdictional disputes
or gaps in environmental laws.
♦ EPA will work to address cross-border pollution.
17
Environmental .Justice Model Projects
ENVIRONMENT AL JUSTICE MODEL PROJECTS
INTRODUCTION
In its recommendations to EPA, the NEJAC strongly supported the use of model or
pilot projects to generate opportunities and examples for grassroots communities, government
agencies, and business to address environmental justice concerns. Many EPA Offices and
Regions have distinguished themselves in this area by creating model projects that reflect a
"re-invented" way of doing business. The following are samples of these projects. For a
complete list of projects, please contact the Office of Environmental Justice.
BROWNFIELDS ECONOMIC REDEVELOPMENT PILOTS
EPA, in partnership with the Departments of Housing and Urban Development, Labor,
Energy and Commerce's Energy Development Agency, are working to leverage and coordinate
federal resources promoting job training, economic development and community empowerment at
local Brownfields sites. EPA has launched a major initiative to encourage cleanup and &
revitalization of idled, abandoned or underused industrial or commercial facilities where
opportunities for expansion or redevelopment are complicated by existing or potential
environmental contamination. OSWER will establish approximately 50 demonstration projects
that will lead to the assessment and cleanup of these "Brownfields," and is also making several
administrative changes which can be made to facilitate cleanup and redevelopment without
lowering cleanup standards (e.g., endorsing State voluntary cleanup programs, deleting 25,000
sites from the Superfund Inventory that are of no current Federal interest, clarifying liability
concerns, and developing soil screening levels).
The Brownfields Pilots will encourage community groups, investors, lenders, developers,
and other affected parties to address how these lands can be redeveloped and bring jobs and
vitality back to our nation's older industrial and commercial communities. The Brownfields
Projects will exp.lore ways in which cleanup for redevelopment might work, providing a series of
models for States and localities struggling with such efforts. Findings and experience from these
pilots will serve as a foundation for a national EPA strategy to stimulate economic redevelopment
through environmental cleanup. The strategy will provide guidance on successful processes for
cleaning up and returning contaminated, abandoned industrial Brownfields to productive use.
In all of these economic redevelopment activities, OSWER is seeking ways to improve
communications, develop trust and involve the affected communities. For example, the NEJAC
Waste and Facility Siting Subcommittee is co-sponsoring a series of public forums to ensure that
18
Environmental Ju .~tice Model Projects
environmental justice concerns are fully incorporated into economic redevelopment and
revitalization projects. OSWER and the Regions are also exploring the creation of business and
industry, stakeholder and other types of public/private partnerships to address environmental
justice concerns.
PUBLIC HEALTH PIWT ACTIVITIES
OSWER has initiated pilots in partnership with the Health and Human Service
Departments to respond to health concerns of communities living near hazardous waste sites.
The Superfund Medical Assistance Work Group (SMA WG) was established and developed the
Medical Assistance Plan (MAP). MAP, consisting of six elements which will vary according
to a community's need for assistance and the availability of resources, will be implemented in
phases. The first phase will assess the health care needs and concerns of the community and
evaluate the primary care capacities in that community. The second phase consists of five
components, including technical assistance to local agencies and health care providers;
environmental health education for health care providers; medical testing for residents
assessing any health effects possibly related to hazardous substance exposure; referral to
specialty clinics or specialists; and medical follow-up of persons with documented exposures to
hazardous substances or with adverse health conditions related to possible exposures.
SOUTHEAST CHICAGO ENVIRONMENTAL INITIATIVE
Southeast Chicago is a mosaic of predominately poor or working class, African-
American, Hispanic, and white neighborhoods. It is an area of high structural unemployment
and multiple environmental problems, including a concentration of disposal sites, countless
urban Brownfields, and heavy industries. Located within Southeast Chicago is Altgeld
Gardens, a public housing community for thousands of low-income African-Americans and is
surrounded by a number of polluting facilities--landfills, incinerators, oil refineries, a paint
factory, a steel mill, a sewage treatment plant, a chemical plant, a scrap metal yard, a lagoon,
a sludge drying bed, and a freeway. This community has a high concentration of severe
environmental problems and concerns.
EPA Region 5 developed the Southeast Chicago Urban Environmental Initiative Action
Plan, a framework to improve the environmental conditions of the community. This unique
partnership hopes to bring together representatives of the government, industry, community,
and environmental groups. Agencies and actions targeted include:
♦ The Agency for Toxic Substances and Disease Registry (ATSDR) is conducting
health assessments of the Southeast Chicago community;
19
Environmental Justice Model Project.,;;
♦ The Department of Housing and Urban Development is developing residential
lead-based paint removal projects and other environmental improvements; and,
♦ EPA, Chicago's Department of Environment, and the Illinois Environmental
Protection Agency are working together to ensure tougher enforcement and
compliance of existing environmental regulations.
MISSISSIPPI DELTA PROJECT
The Mississippi Delta area has a high concentration of transportation routes, heavy and
petrochemical industries, waste sites, and other facilities. Environmental justice organizations
have complained that many of these facilities are sited close to minority communities and that
these communities are disproportionately exposed to environmental pollution. An interagency
steering committee comprised of A TSDR, the Center of Disease Control (CDC), Occupational
Safety and Health Administration (OSHA), EPA, and the State Health and Environmental
departments is working to address these issues.
The goal of this interagency project is to reduce environmental hazards and to prevent
them from adversely affecting minority populations and low-income populations residing in the
highly industrialized areas along the Mississippi River. This proje<;t covers 219 counties in
seven States (Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee),
affecting more than 8.3 million people. The project is designed to: (1) identify the key
environmental hazards that might affect high risk communities; (2) evaluate the public health
impact on high exposure populations; (3) increase health care delivery services in the region,
including capacity of State and local health departments to address public health associated
with environmental exposures; and (4) engage HBCUs and other academic institutions to help
increase environmental awareness in these communities. This project represents the largest,
geographic-specific public health initiative ever attempted to study the association between
hazardous environmental exposure and health effects in minority communitiesand low-income
communities.
NEW MEXICO AND TEXAS COWNIAS BORDER PROJECTS
Colonias are Hispanic rural neighborhoods and unincorporated subdivisions in or near
cities in Texas, New Mexico, Arizona, and California along the U.S. -Mexico border.
Between Texas and New Mexico there are about 1,200 colonias with an estimated population
of 300,000 people. Colonias are characterized by substandard housing, inadequate plumbing
and sewage disposal systems, and inadequate access to clean water. The common thread is the
20
Environmental Justice Model Projects
potential and immediate health threat due to inadequate or lack of safe potable water and
sewage disposal.
Under recent grants from New Mexico, nine facility plans and four construction design
plans are nearing completion for the thirteen new wastewater collection and treatment systems
to serve colonias in New Mexico. This grant program, administered by the New Mexico
Environment Department, is made possible through a grant by EPA Region 6.
The Texas Natural Resources Conservation Commission has awarded fifteen grants to
provide waste water collection and treatment systems in Texas Colonias. These projects will
affect 64,000 colonias residents. Additional facility plans are being prepared for six colonias
which have received grants for innovative/alternative methods of wastewater collection and
treatment. These six projects are designed to identify low cost methods of wastewater
treatment for colonia application.
PENNSYLVANIA RISK AND ENFORCEMENT PROJECTS
The City of Chester has among the highest concentration of industrial facilities in
Pennsylvania. Chester hosts a number of waste processing plants and two oil refineries. All
solid waste from Delaware County is incinerated in Chester and at least 85 % of raw sewage
and associated sludge is treated there. A large infectious medical waste facility was also
recently sited in Chester. Many of the plants are located in dose proximity to low-income,
minority residential neighborhoods. In fact , a clustering of waste treatment facilities have
been permitted within 100 feet of over 200 Chester homes.
Chester residents are concerned about the health effects of living and working amid
toxic substances and complain of frequent illness. Of cities in the State, Chester has the
highest infant mortality rate, the lowest birth rate, and among the highest death rate due to
certain malignant tumors.
In response to the Chester community concerns, EPA Region 3 has committed to a
major initiative involving two studies addressing environmental regulatory and pollutant
impact/risk exposure issues. The first was a 30-day study of EPA ' s legal authority for existing
and proposed facilities in the Chester area. As a result of the 30-Day Study, the Region has
focused enforcement actions and just recently issued field citations to a number of underground
storage tanks located in Chester and the nearby area of Marcus Hook. Other focused
enforcement-related activities are proceeding in air toxics reduction and compliance,
innovative settlements for toxic emissions violators, and multi-media compliance reviews.
In addition, an 180-day study, conducted by a team of toxicologists working with State
and local officials is assessing all available environmental media and human exposure
21
Environmental .lu.<ttice Model Projects
pathways. Work products will be displayed through a Regional Geographic Information
System overlaying industrial facilities data, NPL sites and small quantity waste generators, and
air emissions data.
BALTIMORE URBAN ENVIRONMENTAL INITIATIVE
The Baltimore Urban Environmental Initiative (URI) is an interagency activity being
conducted by Region 3 in cooperation with the City of Baltimore and the Maryland
Department of the Environment. The URI is designed to identify and rank areas of
disproportionate risk in Baltimore City for purposes of implementing risk reduction, pollution
prevention, public awareness, and other appropriate environmental activities to minimize risks.
The Baltimore URI has both short-and long-term tracks. The short-term efforts address issues
of immediate concern as well as initial data collection, data analyses, and project planning.
The long-term effects will be expanded in areas that warrant continued action.
A project development and problem identification report for the URI will describe the
data gathering and risk identification and characterization efforts in support of the overall
Initiative. Data has been gathered from a number of existing environmental and
demographics-based databases in order to identify and evaluate human health and ecological
threats for purposes of targeting risk reduction/prevention activities. Quantitative and
qualitative risk assessment methods have been applied and displaye61 through the use of a
Geographic Information System.
The short-term efforts, based upon preliminary risk analyses, applied t.he knowledge
and experience of an interagency team to jointly target areas of environmental concern that
could benefit from immediate action. The six areas of concern identified were: 1) lead;
2) hazardous materials incident; 3) fish consumption/toxics in the Harbor; 4) air toxics;
5) ground-level ozone; and 6) indoor air and radon. Individual action teams were formed to
address each issue. These teams were responsible for developing action agendas to address the
overall goals of risk reduction, pollution prevention, and outreach and education, for each risk
area.
22
Environmental Justice Model Projects
LEAD ABATEMENT TRAINING AND EMPLOYMENT OPPORTUNITIES FOR THE
INNER CITY COMMUNITY
EPA, the Commonwealth of Massachusetts, the city of Boston, and Roxbury
Community College, joined by local community groups, have undertaken a pilot project to
train unemployed workers in a minority community to remove harmful lead paint from homes
and bridges, and provide specialized training so that minority contractors can gain access to
State and city lead paint abatement contracts. Eighty-five percent of Boston's 230,000 public
housing units contain lead-based paint and less than 2 % have been abated to date. The current
workforce of 21 minority contracting firms is limited; this project closes the gap between
trained workers and contract workers.
Boston's Office of Public Facilities received a $3.5 million grant from the U.S.
Department of Housing and Urban Development (HUD) to do lead abatement of 400,000
housing units. Massachusetts Housing Finance Agency will invest $2.5 million to de-lead
2,000 housing units in Boston. In addition, this pilot project will also build the management
capacity of struggling minority firms to support bonding, insurance, and equipment
expenditures necessary to compete on large lead abatement contracts.
COMMUNITY CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION
OUTREACH AND TRAINING
Kellog, Idaho, is one of the communities within the Bunker Hill Superfund site
boundaries. Once a mining/smelting industry town, the area now faces a multi-million dollar
cleanup effort. This primarily blue collar community must also confront a 25 %
unemployment rate. Citizens were concerned that despite an increase in local employment
opportunities, jobs are not being filled locally. Contractors were encouraged by EPA to hire
locally, but most local individuals had not completed the 40-hour health and safety training
required for employment at cleanup sites.
The Region 10 Superfund Site Response Section is piloting a program which conducts
hazardous waste health and safety training for communities with nearby cleanup sites. In 1993
and 1994, Region 10' s training targeted communities with high unemployment rates, with the
goal of aiding the local workers' eligibility for employment by cleanup contractors at nearby
Superfund sites. For example, 90 people in Kellog, Idaho, were trained and certified, making
them eligible for employment at the nearby Bunker Hill Superfund Site. The project's success
was in addressing the unemployment rate and in providing local education and awareness
training.
23
Environmental Justice Model Project.~
Training was also conducted for the Makah tribe at Neah Bay, the Coeur d'Alene tribe,
and for Galena, Alaska (an Alaska Native Village). Operational level emergency response
training was conducted in Fairbanks, Alaska for the Tanana Chiefs Council. Future training
efforts will include Tok, Alaska and other communities that request training as a method for
becoming integrated into nearby clean-up efforts.
WATER PROJECTS FOR RURAL COMMUNITIES
EPA's Office of Water, in partnership with the Office of Environmental Justice, is
sponsoring a series of 14 projects around the country to address the pressing water and
wastewater needs of underserved rural minority communities. EPA is working with the Rural
Community Assistance Program (RCAP), which is responsible for the actual implementation
of the projects. The overall goal of the effort is to demonstrate effective approaches for
providing essential water and wastewater services to selected African American, Hispanic, and
Tribal communities.
Each project will last approximately one year. During this period, RCAP field offices
will take various steps to address the specific needs of these communities. Some of the
services provided by RCAP include training and education on properly operating and
maintaining alternative wastewater and water treatment systems, identifying affordable
treatment options for these communities, and helping communities a~cess affordable sources of
funding. This initiative targets underserved, rural, and Tribal communities.
WUISIANA ENVIRONMENTAL JUSTICE PROGRAM
Louisiana is one of the first States to set up a formal environmental justice program to
address its wide-ranging environmental issues. The Louisiana Department of Environmental
Quality (LDEQ) implemented an Environmental Justice Program under a grant from EPA
Region 6. Fact-finding public hearings are being used to serve as a forum for discussion and
resolution of local environmental justice issues. The Department hired a full-time coordinator
to establish Environmental Justice Advisory Panels comprised of community and indu~try
representatives.
In the first year of the program, the State hosted public meetings and built the
foundation of an environmental justice program within the Louisiana Department of
Environmental Quality. A follow-up grant was given to LDEQ to continue the environmental
justice work with formation of community advisory boards (environmental justice panels) in
key pilot parishes around the State.
24
Environmental Justice Model Project.fii
OPEN AIRWAYS FOR SCHOOLS
According to recent statistics from the American Lung Association (ALA), asthma
deaths in urban minority children have increased 30 % over a ten-year period. While the
reasons for this increase are many, indoor air pollutants are among the leading factors. To
address this problem, the Office of Air and Radiation in partnership with the American Lung
Association and Zeta Phi Beta (a national women of coldr sorority) have launched a model
school-based asthma health education program for children with asthma, their parents, and
their teachers.
The program, called Open Airways for Schools, focuses on developing asthma
management skills for students, helping parents and teachers create more supportive
environments for asthmatic children and developing activities to reduce indoor pollutants.
This partnership between EPA, ALA, and Zeta Phi Beta sorority will impact millions of
urban, poor households with asthmatic children.
MASTER HOME ENVIRONMENTALIST PROGRAM
Region 10, in conjunction with the City of Seattle and the YMCA, has established a
Master Home Environmental Program which is designed to reduce exposures from toxic
materials and pollutants in the home. The focus is on indoor pollutants including lead,
contaminated soil, toxics, in-house dust, hazardous household chemicals and pollutants from
smoke and tobacco products. A group of Seattle Health Department nurses is working with
low-income families in the Women, Infants, and Children (WIC) program to provide them
with information on home toxics and lead. The program targets communities with higher
populations of minority and low-income residents and relies on volunteers, many from the
targeted communities. Volunteers who successfully complete the training present this
information to community groups and organizations, and assist people in implementing a
survey of pollution problems in their homes.
25
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Environmental .Justice Contacts
ENVIRONMENTAL JUSTICE CONTACT LISTING
USEPA -HEADQUARTERS CONTACTi:,.-
401 M Street S.W., Washington, D.C. 20460
Use Mail Code (MC) for Each Office.
OFFICE OF ENVIRONMENTAL JUSTICE
Dr Clarice E. Gaylord -MC-3103
800/962-6215, 202/260-6357
AMERICAN INDIAN ENVIRONMENT AL
OFFICE -MC-3103
Elizabeth Bell; 202/260-8106
OFFICE OF AIR AND RADIATION
MC-6101
Will Wilson; 202/260-5574
OFFICE OF CIVIL RIGHTS -MC-1201
Rodney Cash ; 202/260-4582
OFFICE OF COMMUNICATION,
EDUCATION AND PUBLIC AFFAIRS
MC-1702
Doretta Reaves; 202/260-3534
OFFICE OF ENFORCEMENT AND
COMPLIANCE ASSURANCE -MC-2225
Sherry Milan; 202/260-9807
OFFICE OF GENERAL COUNSEL
MC-2378R
Mary O'Lone; 202/260-5313
OFFICE OF POLICY, PLANNING AND
EVALUATION -MC-2125
Janice Bryant; 202/260-2730
OFFICE OF PREVENTION, PESTICIDES &
TOXIC SUBSTANCES-MC-7101
Shantrel Brown: 202/260-6906
OFFICE OF REGIONAL OPERATIONS &
STATE/LOCAL RELATIONS -MC-1502
Janice Berry-Chen; 202/26 0-3870
OFFICE OF RESEARCH AND
DEVELOPMENT -MC-8105
La\\Tc nce Martin; 20 2/260-7 66 7
OFFICE OF SOLID WASTE AND
EMERGENCY RESPONSE -MC-5101
Greg Mertz: 202/260-5 7 14
OFFICE OF WATER-MC-4102
Sandra Gem1ann ; 202/260--4 I 0
USEPA -REGION CONTACTS:
USEPA, REGION I
James Younger; 617 /565-3403
One Co ngress Street, I 0th Floor
Boston, MA 02 I 14
USEPA, REGION 2
Melva Hayden ; 212/637-5027
290 Broadway, 26th Floor
New York, NY I 0007
USEPA, REGION 3
Reginald Harris ; 215 /59 7-6529
841 Chestnut Building
Philadelphia, PA 19107
USEPA, REGION 4
Vivian Malone-Jones; 404/3 47-3555 , Exl.6764
345 Courtland Street, NE
Atl anta. GA 30365
USEPA, REGION 5
Gina Rosario : 312/353-4 71 6
Waste Management Division (HM7J)
77 West Jackson Blvd
Chicago, IL 60604 -3507
USEPA, REGION 6
L)1nda Carroll ; 214/665 -7200
First Interstate Bank, at Front Pl
144 5 Ross Ave., 12th Floor, Suite 1200
Dallas , TX 75202-2733
USEPA, REGION 7
Rupert Thomas; 9 I 3/55 1-72 82
726 Minnesota Avenue
Kan sas City, KS 66 10 1
USEPA, REGIO N 8
Mel \1cCottrY. 303 /293-164:-,
9()9 18th Street. Suite 500
Do.:n\er. CO 80202-2405
USEPA , REGIO N 9
Lon Lewis: 415 /7 44 -l.~6 I
7~ Hawthorne Street
San Fra ncisco. C:A 94 l (b
US EPA, REGION 10
Jo,ce Crosson-Kel l\. 20(i6S3-4029
Pl an rnng and E,·al uat,on Branch
120() Six th A\'cnue (t\1D-l..f2)
Seatt le. WA 981 0 I