NCD980602163_19980601_Warren County PCB Landfill_SERB C_Environmental Justice Monitor-OCR

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&EPA United States
Environmental Protection
Agency
Office of Environmental Justice
Office of Enforcement/Compliance
Assu~ce (2201A)
June 1998
ENVIRONMENTAL JUSTICE MONITOR<-
JUNE 1998
Highlights of the National Environmental Justice Advisory Council
Meeting -Oakland, California
The twelfth meeting of the National Environmental
Justice Advisory Council (NEJAC) took place on
May 31 through June 3, 1998 at the Marriott City
Center Hotel in Oakland, California. The Executive
Council of the NEJAC met on May 31 , June 1, and
June 3, 1998. Each of the six subcommittees met
for a full day on June 2, 1998. In addition, on May
31, 1998, members of the NEJAC and
approximately 140 other individuals participated in
a driving tour of three communities in the Oakland
and Richmond areas of California to learn about
environmental issues and concerns related to those
communities. The NEJAC also hosted a public
comment period on May 31 , 1998, as well as two
public comment periods on June 1, 1998.
Approximately 350 persons attended the meetings
and the public comment sessions.
The 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. Mr. Haywood
Turrentine, Laborers' District Council of the
Education and Training Trust Fund (an affiliate of
the Laborers International Union of North America),
continues to serve as the chair of the Executive
Council. Mr. Robert Knox, acting Director, EPA
Office of Environmental Justice (OEJ), serves as
the acting Designated Federal Official (DFO) for the
Executive Council of the NEJAC.
EPA OEJ maintains public transcripts and summary
reports of the proceedings of each meeting. Those
documents are available to the public upon request.
The public also can access the executive
summaries of reports of previous meetings, as well
as other NEJAC publications, on the Internet at
http://www.ttemi.com/nejacl These summaries are
available in both English and Spanish versions.
MEETING OVERVIEW
Mr. Turrentine opened the meeting of the Executive
Council by explaining the significance of EPA's
interim guidance under Title VI of the Civil Rights
Act of 1964 for investigating complaints challenging
permits. Title VI of the Civil Rights Act of 1964
states that: "no person in the United States shall, on
the ground of race, color, or national origin, be
excluded from participation in , be denied the
benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial
assistance." Mr. Turrentine expressed his hope
that EPA will continue its strong commitment to
resolving complaints filed under Title VI and that the
agency will seriously consider the comments it has
received from communities about the interim
guidance.
In addition, Mr. Turrentine discussed the
establishment of the NEJAC Assessment Work
Group, explaining that the mission of the work
group is to review the past, present, and future
activities of the NEJAC. He also requested that
ENVIRONMENTAL JUSTICE MONITOR
June 1998 MEETING OF THE NEJAC
OAKLAND, CALIFORNIA
PAGE2
EP~ provide to the members of the NEJAC an
ann,ual report• Qn the activities the agency has
conqucted r~Jglted to resolutions and action items
forwarc;ledJo:the EPA Administrator by the NEJAC.
Mr. Steven Herman, Assistant Administrator (AA),
EPA Office of Enforcement and Compliance
Assurance (OECA), provided the members of the
Executive Council with an overview of EPA's
activities related to enforcement and compliance
assurance and explained that there continues to be
philosophical disagreements between EPA and the
states about how enforcement activities should be
cori'ducted. He also expressed his belief that the
cost-of enforcing compliance with environmental
laws should not be borne by members of the public:
who he said often are the victims of pollution. Mr.
Herman also explained that enforcement activities
should be conducted as pollution prevention
initiatives to ensure that the contamination of
communities does not reoccur.
Ms. Sylvia Lowrance, Principal Deputy Assistant
Administrator, EPA OECA, provided the NEJAC
with an update on the agency's environmental
justice activities since the December 1997 meeting
of the NEJAC in Durham, North Carolina. She
explained that the reinvigorated EPA Environmental
Justice Executive Steering Committee had held its
first meeting to discuss the role of the committee,
which included:
• Identifying major activities related to environ-
mental justice undertaken by EPA
• Ensuring that the agency has a cogent
eQvironmental justice strategy~.
• Incorporating environmental justice into EPA's
activities related to ther, Government
Performance and Results i\_9.!\(GPRA) of 1993
... ~~ ,-,
Ms. Lowrance added that in ac;ldition to the 10
deputy I assistant administrators;~. represent?tives
from three regional offic~s • ~i;ticipate on the
steering committee to offer a "field perspective."
Announcing that EPA hc:1s est~Q-lished.Jt,e Air-and
Water Subcommittee of the NE,Jf.',C, Ms. Lowrance
reported that the agency, wi~h tr~ a~sistance of the
Executive Council of the-: Nq~AC, curr~ntly is
selecting members for the subcommittee. EPA also
has established a federal advisory committee on
Title VI of the Civil Rights of 1964 to provide
recommendations on the agency's interim
guidance, she added. Ms. Lowrance concluded her
remarks by stating that EPA continues to work with
the states to address concerns related to the interim
guidance on Title VI.
Ms. Felicia Marcus, Regional Administrator, EPA
Region 9, stated that one of the goals of EPA
Region 9 is to train EPA employees to integrate
environmental justice into their daily activities and to
better interact with communities. She also spoke
about the region's goal to establish better
relationships with tribes and states.
The Executive Council also heard presentations by
representatives of the Environmental and Natural
Resources Division, U.S. Department of Justice
(DOJ); the White House Council on Environmental
Quality (CEQ); EPA's Office of Air and Radiation
(OAR); and EPA's Office of Civil Rights.
COMMON THEMES
During the meetings of the NEJAC Executive
Council and its subcommittees, the members of the
NEJAC discussed a wide range of issues related to
environmental justice. Specific concerns of and
commitments made by the NEJAC include:
• Ensuring the implementation of, and the ability
of EPA to enforce, EPA's interim guidance
under Title VI of the Civil Rights Act of 1964 for
investigating administrative complaints that
challenge permits, as well as addressing
complaints received related to potential
violations under Title VI. In addition, members
of the NEJAC requested that EPA participate in
meaningful consultation with tribes on issues
related to the interim guidance.
• Improving the integration of environmental
justice into the policies and activities of each
EPA program office, specifically EPA OAR.
• Ensuring the effectiveness of the NEJAC in
carrying out its mission and activities.
• Allowing members of the subcommittees of the
NEJAC to offer testimony during public
comment periods of the NEJAC
Members of the NEJAC discussed EPA's ability to
implement and enforce the agency's interim
guidance under Title VI for investigating
ENVIRONMENTAL JUSTICE MONITOR
June 1998 MEETING OF THE NEJAC
OAKLAND, CALIFORNIA
PAGE3
administrative complaints that challenge permits.
Members of the NEJAC also recommended that
EPA extend the application of the guidance to other
activities of EPA, such as the cleanup of
contaminated sites and enforcement of
environmental regulations. In addition, the
members also urged that EPA invite all affected
stakeholders, particularly representatives from
community organizations, state and local
governments, and industry, to participate in
dialogues about the guidance. In addition,
members expressed concern that EPA has not
participated in meaningful consultation with tribal
governments related to the interim guidance on
Title VI and recommended that EPA's federal
advisory committee on Title VI hold a meeting in
Indian country.
Members of the NEJAC continued to express
concern about EPA's commitment to better
integrate environmental justice into its programs
and activities, particularly within EPA OAR.
Members of the Executive Council reported that
OAR continues to ignore issues related to
environmental justice when developing and
implementing air programs within the agency. In
addition, the members emphasized that public
participation activities must begin at the beginning
of any decision-making process.
Members of the NEJAC continued to discuss at
length ways to better improve the effectiveness of
the NEJAC in addressing testimony received during
public comment periods, tracking action items and
resolutions developed by the Executive Council and
the subcommittees, and managing the work of the
NEJAC. The members noted that a work group,
which includes current and former members of the
NEJAC, had been established to evaluate the
effectiveness of the council. In addition, the
members strongly recommended that EPA provide
an annual report to the NEJAC that provides
information on activities EPA has taken related to
resolutions that have been forwarded to the EPA
Administrator. Mr. Herman agreed that EPA's
Environmental Justice Steering Committee will
review the resolutions forwarded to the EPA
Administrator and ensure that resolutions are
forwarded to the appropriate EPA program office.
He also committed to forward to all EPA program
offices resolutions related to public participation.
Members of the NEJAC continue to request that
members of the NEJAC subcommittees be allowed
to offer testimony during public comment periods of
the NEJAC. The members stated· that'".verbal, ,;
explanations by staff of EPA, in the past; have nor ·
been satisfactory and requested that EPA;develop :,,
a written opinion on the issue. Mr. Herman
committed to obtaining a decision for the members
of the NEJAC.
SUMMARIES OF THE
SUBCOMMITTEE MEETINGS
Summarized below are the highlights of the·
meetings of the subcommittees:
Air and Water Subcommittee
• Although the subcommittee did not meet, it will
assume responsibility for many of the action
items of the Enforcement Subcommittee related
to the air and water programs of EPA.
Members of the subcommittee will hold a
teleconference meeting prior to the next
meeting of the NEJAC to be held early
November 1998 in the Baton Rouge -New
Orleans area of Louisiana.
Enforcement Subcommittee
•
•
Members of the subcommittee discussed with
Mr. Herman several issues related to
enforcement, such as lessons learned by EPA
as a result of previous roundtable meetings and
ensuring accountability between EPA and the
states related · to performance partnership
agreements.
Members of'.''1-the subcommittee heard
presentations ·al5otJt EPA's open-market trading
of air emissions credits program, the use of
demographic .·· analysis in communities of
concern, and EPA's small business compliance
assistance ceriteiii project.
Members ofthe '.sUbcommittees agreed to form
two new work groups to address issues related
to citizen su •ts and '.the Emergency Plann ing
Community-Righf.~t o-i<now Act.
ENVIRONMENTAL JUSTICE MONITOR
June 1998 MEETING OF THE NEJAC
OAKLAND, CALIFORNIA
PAGE.4
Health and Research Subcommittee
• Members of the subcommittee discussed
requirements for the Risk Assessment
Roundtable to held in the Spring 1999.
• Members of the subcommittee agreed to review
and submit comments on EPA's Office of
Children Health Protection's document on
children's environmental health initiatives at
EPA
• The subcommittee heard a presentation on the
history of lead-based paint contamination and
the basis for the findings of EPA's Lead-Based
Paint Abatement and Repair and Maintenance
Study for Baltimore, Maryland.
Indigenous Peoples Subcommittee
• Members of the subcommittee agreed to
develop a model plan outlining how EPA and
states can participate in meaningful
consultation with representatives of Indian
country on issues related to environmental
justice.
• Members of the subcommittee discussed at
length the relationship between sacred sites
and environmental justice as well as issues
related to EPA's interim guidance on
addressing complaints related to Title VI and
Indian country. The subcommittee forwarded a
letter to the Executive Council in which NEJAC
requests that EPA schedule a meeting of the
federal advisory committee on Title VI in Indian
country to discuss the implications of either
tribal governments or members of tribes filing
administrative complaints under Title VI to
challenge permits.
International Subcommittee
• Members of the subcommittee discussed the
proposed International Roundtable meeting and
agreed to form a work group to plan and
organize the meeting.
• Members of the subcommittee received
updates on EPA's activities related to the joint
U.S.-Mexico border and environmental justice
issues related to South Africa.
Public Participation and Accountability
Subcommittee
• Members of the subcommittee identified
recommendations to improve public comment
periods at meetings of the NEJAC. Several of
the recommendations include revising
guidelines for public comment periods to permit
testimony by employees of EPA attending the
meeting and scheduling a public comment
period during the meeting of the Executive
Council to follow the reports of the chairs of the
subcommittee.
• The subcommittee discussed efforts to revise
the Model Plan for Public Participation to
specify that the document is intended for the
conduct of public meetings, not for the process
of ensuring public participation in decision-
making processes of EPA
• Members of the subcommittee proposed
recommendations to revise the planning
guidelines for site tours sponsored by the
NEJAC. One of the recommendations include
providing copies of sample press releases and
other guidance to assist members of
communities to prepare for the site tours.
Waste and Facility Siting Subcommittee
• Members of the subcommittee discussed
issues related to environmental justice and the
administration of the Superfund program by
EPA, including recommending that as EPA
delegates authority to tribes and states under
Superfund, the agency must ensure that
communities are protected.
• Members of the subcommittee discussed
issues related to waste transfer stations and
environmental justice and stated that local
regulatory agencies often do not effectively
monitor and regulate such stations.
• Members of the subcommittee urged EPA to
integrate considerations related to
environmental justice into the planning and
implementation of community-based
environmental protection activities.
...
SUMMARY OF RESOLUTIONS
APPROVED
This section summarizes resolutions that were
discussed by the subcommittees and approved by
the Executive Council of the NEJAC during the
meeting.
Resolution from the Health and Research
Subcommittee
NEJAC requests that EPA recommend that the
state of California's failure to prevent the ongoing
dioxin pollution of the San Francisco Bay under
section 303(d) of the Clean Water Act.
Resolution from the Indigenous Peoples
Subcommittee
NEJAC requests that EPA should work closely
with the Ohlone people to more fully understand
the cultural issues implicated by the Terrabay
Project, located near the San Bruno Mountain
Ohlone Shell Mound in California, and to ensure
that the Ohlone people are involved in all phases
of decision making regarding the Project. In order
to accomplish this, NEJAC requests that EPA
should work with the lnteragency Working Group
on Environmental Justice, and other appropriate
federal agencies, review the environmental justice
concerns raised by the proposed Terrabay
Project.
NEXT NEJAC MEETING
The next meeting of the NEJAC will be held in
early 1998 in the Baton Rouge -New Orleans
area of Louisiana. By August 1998, please visit
NEJAC's home page on the World Wide Web at:
http://www.ttemi.com/nejac or call the
environmental justice toll-free hotline at 1-800-
962-6215 for further information on this pending
meeting.
&EPA United States Environmental Protection Agency (MC 2201A) Washington, DC 20460 Official Business Penalty for Private Use $300 11 • 1• \ RECF''IED JUL 13 1998 SUPERFUND SECT\ON Jac:k Butler PCFNONEPA62998 NCDEHNR-DWM Superfund Section Chief P.O. Box 27687 Raleigh, NC 27611-7687 • ·-1.i, ....,._,_ .. 1 I I 1st CLASS MAIL POSTAGE AND FEES PAID E.P.A. PERMIT NO. G-35 ·11 Si i-1 So..~~\\. --r 1, I,, 1\, 1,, I ;n,,,m,,,\,t\,,\t,f,r,,n·,l,\,fi·, ;;', ,}~·i·;; ,i;,·;,i-;t
Factsheet
Redevelopment Pilots during 1995 and 1996,
working with Empowerment Zones and Enter-
prise Communities (EZ/EC), and building
partnerships with key stakeholders to gain their
available to potential disadvantaged and
minority contractors. Several subcontracts
were awarded as a result of the seminar.
input and advice. @ EPA conducted an environmental grants
writing workshop for 200 Chicago Public
School faculty members so that community
organizations conducting environmental justice
related activities can learn how to compete for
funds.
Under EP A's Superfund removal program, a
U.S. Army Corps of Engineers subcontractor
hired 19 local workers out of a total of 26 that
live in the community near the Bunker Hill
Superfund site in Idaho.
EPA worked with NIEHS to solicit grant
applications for partnerships in establishing a
new minority worker training program. The
program will focus on supporting the inclusion
of young people of color in environmental
restoration activities. Applications are cur-
rently being reviewed.
. EPA funded and organized the EPA-Morgan
State University Summer Environmental
Teacher's Institute to recruit and inform teach-
ers about environmental issues and concerns.
At the second Teacher's Institute in Baltimore,
Maryland, EPA's special recruitment efforts
resulted in over half of the participating teach-
ers being people of color. Furthermore, EPA
has established partnerships with community
colleges in Cleveland, Ohio; Bridgeport,
Connecticut; and Richmond, Virginia.
CONTRACTS and GRANTS
EPA has awarded more than 12 million dollars
in contracts to minority business enterprises in
one Region alone.
EPA piloted a seminar in New Orleans which
brought together several Federal agencies,
EPA prime contractors, and training vendors/
providers in one room and made them directly
EPA awarded a grant of$100,000 to the
National Association of Minority Contractors
to train and certify minority contractors in the
removal, installation, monitoring and leak
detection of underground storage tanks.
PARTNERSHIPS
Building cooperative partnerships is integral to
addressing environmental issues. EPA has
entered into inter-governmental, business,
nonprofit, and academic partnerships.
EPA has initiated a large interagency effort
called the Federal Field Workgroup (FFW) to
identify and solve severe sanitation issues of
minorities in rural Alaska .. The interagency
group is composed of representatives from
many Federal and State agencies
FOR INFORMATION
Copies of the Accomplishments Report
(EP A540/R-95/057) and its Executive Sum-
mary (EPA540/R-95/058) will be available,
when printed, through the National Technical
Information Service (NTIS) at [phone].
Please, use the appropriate document number
when ordering. If you have questions, please
contact the RCRA/Superfund Hotline at 1-800-
424-9346 or 703-412-9810.
United States
Environmental Protection
Agency
Office of Solid Waste and
Emergency Response
OSWER 9200.3-19FS
PB95-963298
EPA540/F-95/024
&EPA Waste Programs
Environmental Justice
Accomplishments Report
BACKGROUND
The Office of Solid Waste and Emergency
Response (OSWER) "Waste Programs Environmental
Justice Accomplishments Report" describes the
progress made by the waste programs in implementing
environmental justice initiatives. The report describes
over 250 accomplishments submitted by Headquarters
and Regional offices.
ACCOMPLISHMENT HIGHLIGHTS
Highlights of the Accomplishments Report are
presented in the companion document "Waste Pro-
grams Environmental Justice Accomplishments
Report Executive Summary". A brief summary of
accomplishments in five major areas are listed below.
HEAL TH INITIATIVE
EPA, in partnership with the Public Health
Service (PHS), has begun pilot projects in four
( 4) communities with potential exposure to
hazardous substances. This initiative, known
as the Medical Assistance Plan, is designed to
improve delivery of existing medical services
and to build environmental health care exper-
tise through physician training and placement.
Factsheet
PUBLIC INVOLVEMENT
Superfund has begun Community Advisory
Groups (CAGs) pilots at fourteen (14) sites.
These pilots enhance public participation by
increasing the numbers of community open-
houses, public meetings, multi-lingual publi-
cations and other outreach methods.
EPA and the Department of Defense (DOD)
are working jointly to establish Restoration
Advisory Boards (RABs) to ensure that envi-
ronmental justice issues are addressed. DOE is
establishing Site Specific Advisory Boards
(SSABs) at all major DOE facilities that, like
RABs, place an emphasis on environmental
justice and stakeholder involvement in the
cleanup decision-making process.
ECONOMIC REDEVELOPMENT, JOBS, and
WORKER TRAINING
OSWER expanded its emphasis on community
involvement in environmental justice commu-
nities through the Brownfields Economic
Redevelopment Initiative. Specific items in
the Brownfields Initiative's Action Agenda
includes awarding fifty Brownfields Economic