NCD980602163_19980601_Warren County PCB Landfill_SERB C_USEPA - Warren County PCB Landfill_SERB C_US-EPA EJ Quarterly - Spring 1998-OCR

IN THIS ISSUE:
Upcoming NEJAC in
Oakland ... 1
NEJAC meeting
in North Carolina ... 2
Roundtable Discussion
in NC ..... 3
Pesticide Misuse .. 3
Community Partnering
for environmental
results ........ 4
FEATURED
ARTICLE
EPA TRIBAL
PROGRAM
UPDATES ..... 5
Future
NEJAC Agenda ..... 7
For
Agenda
and Free
Registration
information
see pages 7 & 8.
Welcome to the inaugural issue of the EJ Quarterly bulletin. The EJ Quarterly is a free
publication av~ilable b~ mailing list. !his bulleti~ wi!l serve as a means of com mun~ ,.?, ~ pp.d :
as a source of informatwn for all environmental 1ustzce stakeholders. · • · ·
From the Acting Director, Office of Environmental Justice, EPA
Robert Knox JUN O 5 1998
What is Environmental Justice?
Environmental Justice (EJ) is defined as the
fair treatment of people of all races, incomes, and
cultures with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and policies.
Fair treatment implies that no person or group
should shoulder a disproportionate share of
negative environmental impacts resulting from
the execution of environmental programs.
Why is this a problem?
Comm uni ties sometimes lack political clout,
economic means, or awareness of rights and
opportunities to participate in environmental
decision making. The EJ movement began in
community activism before the program was
recognized by the federal government.
SU P~--r-:i:: In 1982, in Warren County, N.C., the EJ
movement grew out of a grassroots protest
against the siting of a PCB landfill in a
predominantly African-American community.
This protest led to an investigation by the General
Accounting Office, concluding that there was a
correlation between the siting of hazardous waste
landfills and race in the host communities. Several
other studies followed.
These eventually lead to the formation of the
Office of Environmental Equity at EPA
headquarters in 1992. On February 11, 1994,
President Clinton signed an "Executive Order
#12898 on Federal Actions to Address
Environmental Justice in Minority and Low
Income Populations". In September 1993, the
National Environmental Justice Advisory
Council, an interagency working group, was
formed. (see below)
UPCOMING NEJAC MEETING IN OAKLAND, CA
The next meeting of the full National Environmental
Justice Advisory Council (NEJAC) will be held May
31 -June 3, 1998 at the Oakland Marriott City Center,
1001 Broadway, Oakland, CA 94607. The NEJAC was
established to ensure that the U.S. Environmental
Protection Agency (EPA) receives the viewpoints of
affected stakeholders on issues related to
environmental justice. The NEJAC consists of 25
members representing environmental justice groups;
industry; and state, local and tribal governments and
both government and non-government organizations.
It has six subcommittees that focus on issues related to
enforcement, health and research, indigenous peoples,
international issues, public participation and
accountability, and waste and facility siting. In
addition to the25 NEJAC members, each of whom sits
on a subcommittee, 39 individuals serve as members
of various subcommittees.
NEJAC members have been invited by the local
community for a Sunday afternoon site tour in the
Oakland area on May 31. The NEJAC will convene
later on Sunday evening from 6:00 p.m. to 9:00 p.m.
for a local community Public Comment period. The
Executive Council of NEJAC will convene on
Monday, June 1 from 9:00 a.m. to 5:30 p.m with a
Public Comment period from 6:00 p.m. to 9:00 p.m.
and again on Wednesday, June 3 from 9:00 a.m. to
6:00 p.m. The Subcommittees of NEJ AC will meet on
Tuesday, June 2 from 9:00 a.m. to 6:30 p.m. You must
pre-register to attend the meeting.
Page2
EJ Quarterly/Spring 1998
NEJAC AND ENFORCEMENT ROUNDTABLE
MEETINGS HELD IN NORTH CAROLINA
NEJAC Meeting
The bi-annual meeting of the National
EnvironmentalJusticeAdvisoryCouncil (NEJAC)
was held in Durham, North Carolina, December
8 through 10, 1997. One of the highlights of the
NEJAC meetings is a site tour, which may show
the disproportionate burden of pollution to
environmental justice communities. This site
tour was to the Eufaula Street County Landfill in
Fayetteville, which is less than 500 feet from
residences. EPA Deputy Administrator Fred
Hansen, at the closing plenary session, stated
that this site continues to be an Agency concern.
In that session, Mr Hansen, Sylvia Lowrance
(OECA) and the NEJAC addressed several issues
facing EPA in implementing the President's
Executive Order. Mr Hansen promised more
resources for environmental justice programs
and projects, workforce diversity, Title VI
guidance and management accountability. He
also announced that the President's White House
Summit meeting on Environmental Justice was
scheduled to coincide with the anniversary of the
signing of the Executive Order on Environmental
Justice.
The NEJAC Enforcement Subcommittee
Meeting was held on Tuesday, December 9. The
Subcommittee received briefings on: Performance
Partnership Agreements (PPA/PPG)
presentation by Torn Nessmith, Region IV;
Animal Feeding Operations in EJ Communities,
by Rick Colbert, OECA/OC; Title VI updates by
Bill Earley, ORC-Region III; EJ in Criminal
Investigations by James Thompson, Region III;
Imminent & Substantial Endangerment, Ann
Bailey, OECA/ORE; RCRA Public Participation,
OSRE & OSW; Air Emissions Trading, Robert
Brenner, OAR. OSRE and OSW staff will follow
up with members of the Enforcement
Subcommittee to receive input regarding public
participation in RCRA Corrective Action
guidance. The Enforcement Subcommittee
drafted three resolutions to the full NEJAC
addressing areas of concern regarding EPA
programs. The first resolution, EPA's
Enforcement of Title VI was approved by the full
NEJAC and will be submitted to Administrator
Browner. The two remaining resolutions, Air
Pollution Trading-EJ Impacts of Particulate Matter
Spatial Averaging and Air Pollution Trading-
Disproportionate Impacts of Pollution Trading
are awaiting approval from full NEJAC.
Enforcement Roundtable
In conjunction with the NEJAC meeting, the
second Annual Environmental Justice
Enforcement Roundtable, jointly sponsored by
the NEJACEnforcementSubcommittee and EPA,
was held at North Carolina Central University,
December 11 through 13, 1997 in Durham, NC.
The roundtable was hosted by the North
CarolinaDepartmentofEnvironmentandNatural
Resources in partnership with several cornrnuni ty
based grassroots organizations and the
University.
The Agency is using round tables sessions as
an effective conduit through which stakeholders
have an opportunity to interact with EPA and
state and municipal environmental regulatory
and enforcement agencies. Through these efforts,
governmental officials have an opportunity to 1
hear first hand from those who live on or in close
proximity to environmental justice sites. The
Enforcement Roundtable began with an
Enforcement Awareness Forum moderated by
Arthur Ray, Chair of the NEJAC Enforcement
Subcommittee and a panel discussion offering
state, federal and community perspectives on
what is environmental enforcement. Specific
issues addressed were the relationship between
federal, state and tribal enforcement agencies,
definition and explanation of enforcement
authority and areas where the public can provide
input into environmental protection. Facilitated
breakout sessions provided an opportunity for
open dialogue with community leaders on various
topics ranging from community notification by
state and federal agencies to inspection and
screening of facilities and noncompliance issues.
EJ Quarterly/Spring 1998
PESTICIDE MISUSE: A THREAT TO COMMUNITIES
Few like cockroaches, but cockroaches like people.
Or, rather, they like to live where people are, because
we often unwittingly provide their basic requirements
while fulfilling our own needs for food, shelter, and
water. Their hatred of cockroaches and other pests
has driven some people to use dangerous pesticides in
an illegal manner.
In 1994, the Environmental Protection Agency
learned that some homes had been sprayed with
methyl parathion to control cockroaches. Methyl
parathion is a highly toxic, outdoor agricultural
pesticide permitted for use on cotton and other crops.
After cleaning up homes that had a high level of the
chemical and arresting the person who had done the
spraying, it appeared that there was no further
problem-that this had been an isolated incident.
However, two years later, more incidents of illegal use
of methyl parathion were discovered . In addition,
EPA learned of the illegal use of other pesticides, such
as aldicarb to kill rats, and realized that misuse of
pesticides in and around homes may be a growing
problem that could significantly endanger the health
of children and others who might be exposed.
It is clear that there are unscrupulous or ill-
informed individuals at work in many communities,
often taking advantage of residents who want to
control pests and want something inexpensive and
effective to do the job. The customers of these often
unlicensed pest control services may not understand
that they are risking their health and others' by using
agricultural chemicals indoors. For example, methyl
parathion breaks down quickly outdoors, in the rain
and sun. Indoors, it can remain toxic for months or
years. Illegal users generally don't warn the customer
of the hazards of the product.
You Can Help Your Community
EPA needs your help to inform communities of the
dangers posed by misuse of pesticides. There are safe,
effective, often inexpensive methods of controlling
pests. However, the message may not be getting to the
people who have serious problems. In addition, people
need to know that they can be harmed by improper
use of pesticides. Pesticide poisoning is often mistaken
for other illnesses, such as flu, when an individual
consults a doctor. The doctor may not ask about
chemical exposures, and patients generally do not
volunteer that they just had their house sprayed.
Preventing the Pest Problem
How can people safely solve their pest control
problems? You must ask questions. Learning about
the options available to control specific pests is the
first step. In most cases, there are several things
people should do before even thinking about chemical
pest control. Most pests need food, water,and shelter.
Often, the problem may be solved just by removing
these key items. Some of the recommended ways of
reducing or preventing pest invasions:
-Fix leaky plumbing and look for other sources of
water, such as trays under house plants.
-Make sure food and food scraps are tightly sealed
and garbage is regularly removed from the home;
don't leave pet food and water out overnight.
-Close off entryways and hiding places (caulking
cracks and crevices around cabinets or baseboards,
for example).
Once these and other steps are completed (see the
listed publications for more ideas), traps or bait
stations can be used against some pests. These are
often effective with low risk, as long as they are kept
out of the reach of children and pets. Other relatively
low risk products are available for some pests, such
as those containing boric acid for cockroaches.
Pesticide Safety Tips
All pesticides must be registered by EPA and have
specific directions and precautions for safe use on the
label.
-Read the label and follow the directions exactly.
-Don't use more than the amount recommended,
and if mixing is required, never use spoons or
containers that are used in the kitchen.
-Only mix the amount that will be used immediately;
don't mix extra to use another time.
-It is particularly important to keep pesticides in
their original container; many poisonings result from
pesticides being stored in food or beverage containers.
-Always store pesticide containers so children and
pets cannot reach them.
Hiring a Pest Control Operator
Before hiring someone to treat a home, it is important
to ensure that the applicator is licensed and that the
company is reputable. The company should be
willing and able to discuss the proposed treatment
(e.g., the active ingredients in the pesticide, pests to
be controlled, non-chemical alternatives, health risks,
ways to reduce exposure, etc.). Other things to
consider include whether the company carries
insurance and is affiliated with a professional pest
control association.
Sources of Information
Independent sources of advice and information
are available. The Cooperative Extension Service
( in local telephone book government pages) often
will list pest control experts. The National Pesticide
1,1;11~!111111
l!ill !lt!II!
::;1nt!P s2n!F§:!I
l[fil llll
! : ee U1~ iBR:¥[1 <
Page3
HELP! Us get the
word out. The EPA
Office of Pesticide
Programs is making
additional education
materials available
as part of the effort
to reduce pesticide
misuse and promote
safety. If you would
like information on
this issue or to
receive copies of
these publications or
other materials as
they are developed,
contact us at EPA,
Office of Pesticide
Programs, 401 M St.,
S. W .,(7506C),
Washington, DC
20460 or call 703-305-
5017. Information
also is available on
the World-Wide
Web at http://
www.epa.gov I
pesticides/.
Page4
EJ Quarterly/Spring 1998
Pesticide Misuse: A Threat to Communities
~~~~§~i;¥~~£jE.[~~11 :1::~~!~!~t~iidi~ii:l!!!
center and local health department can be resources
for pesticide toxicity inform~tion. E~ A regional
offices are another source of information:
Region 1 (BostonH17-565-3225
Region 2 (New York)-908-321-6765
Region 3 (Philadelphia)-215-566-2099
Region 4 (Atlanta)-414-562-8956
Region 5 (Chicago)-312-886-7435
Region 6 (Dallas)-214-665-7240
Region 7 (Kansas City)-913-551-7033
Region 8 (Denver)-303-312-6582
Region 9 (San Francisco)-415-744-1114
Region 10 (Seattle)-206-553-1173
EPA has several publications that provide more
detail on the areas discussed briefly above. You can
order copies of these to use_ in educating y~ur
comm unity about pest prevention and safe pesticide
practices, as well as alternatives to chemical pest
control and ways to recognize and manage pesticide
poisoning.
-Citizen's Guide to Pest Control and Pesticide
Safety, EPA 730-K-95--001, September 1995
-Healthy Lawn, Healthy Environmen~, Caring for
Your Lawn in an Environmentally Friendly Way,
700-K-92--005, June 1992
-Pest Control in the School Environment: Adopting
Integrated Pest Management, EPA 735-F-93--012,
August 1993 . .
-Recognition and Management of Pesticide
Poisonings, EPA 540/9-88-001, March 1989
(being revised)
EJ Quarterly/Spring 1998
TRIBAL PROGRAM ACTIVITIES UPDATE
For more information on these and other tribal
enforcement and compliance issues, contact Ruth
Miller, OECA' s Acting Tribal Coordinator at 202-
564-4299 (phone) or
[e-mail]
AGENCY OUTREACH
Indigenous Peoples Subcommittee of NEJAC -
The NEJAC Indigenous Peoples Subcommittee is
supported by OEJ in coordination with the
American Indian Environmental Office. This
Subcommittee, in cooperation with the other six
subcommittees including the Enforcement
Subcommittee, provides a forum for
representatives of indigenous communities to
bring their environmental justice concerns to the
attention of the NEJAC and ultimately, the EPA.
The Subcommittee focuses on EPA-backed
legislation, guidance, protocol, enforcement, etc.
to ensure EJ issues are addressed in a manner that
fulfills the government's trust responsibility,
respect for tribal sovereignty and the government-
to-government relationship, upholds treaties, and
promotes self-determination. The Subcommittee
has addressed concerns such as the siting of
nuclear waste facilities, expansion of highways in
sacred sites, use ofleach mining, clean-up targets
at Superfund sites, as well as limited technical
and financial support for tribal environmental
programs, to name a few. Contact: Danny Gogal
202-564-2576.
Working Group on Interagency American Indian
Telecommunications (IAIT) -OEJ established
the IAIT Working Group in January of 1997 in
response to the growing need for tribal access to
the government's electronic data and information.
The mission of the Working Group is to discuss,
plan, and coordinate the programs and activities
of federal agencies that involve tribal
governments, communities, and organizations in
efforts to enhance telecommunications in Indian
Country. The objectives are to 1) provide a
forum for federal agencies to share information
regarding their telecommunications plans,
projects and activities in Indian Country, 2)
support and facilitate coordination among federal
agencies and encourage more effective and
efficient use of federal resources in strengthening
telecommunications in Indian Country, 3) seek
input and guidance from tribal government
officials, communities, and organizations
regarding the nature and extent of the programs
and activities of federal agencies on
telecommunications in Indian Country, and 4)
communicate information about federally-
sponsored telecommunications activities and
projects in Indian Country to all interested
parties, particularly tribal governments and all
interested federal agencies. The IAIT meets on a
quarterly basis and has representation from
eleven federal agencies. Con tact: Danny Gogal,
202-564-257
RESOURCES
Regional Funding -The Office of Compliance
(OC) provides each Region with Federally-
recognized tribes a share of the $1.2 million
available for activities related to municipal solid
waste landfills (RCRA Subtitle D). Using
guidance prepared by the Office of Compliance,
the Regional Solid Waste Indian Coordinators
may provide the funds directly to tribal
governments or use the money to support EPA
programs that support tribal municipal solid
waste activities. In the past, the Regions have
used the money to assist the Indian Health
Services close open dumps (landfills that are not
in compliance with 40 CFR, Subparts 257 and
258), develop tribal educational programs on
waste reduction and recycling, and sponsor
solid waste "Circuit Riders" that provide hands-
on technical assistance and training to tribes on
solid waste management issues. Contact:
Carolyn Young 202-564-7062.
Tribal Grants -OECA provides FIFRA and
TSCA cooperative agreement enforcement
funding to States/Tribes to carry out
enforcement of the requirements of the Federal
Insecticide, Fungicide, and Rodenticide Act
(FIFRA). The amount of funds that OECA
allocated for tribal pesticide grants in FY 1997
was $939,800. For toxics grants the
figure was $100,000. Both grants are for
compliance assistance, monitoring, and
enforcement activities. The FY 1998/ 1999 OECA
MOA Consolidated Technical Guidance
contains national priorities along with specific
guidance for development of cooperative
agreement work plans for pesticides and toxics
compliance/enforcementactivitiesforFY1998/
1999. This document will assist Regions
and applicants in negotiating cooperative
Pages
Page6
EJ Quarterly/Spring 1998
(Continued from Page 5)
agreements that address national priorities
for each applicant, as well as specific Regional
and State/Tribal priorities. Tribes interested in
cooperative agreement with EPA under FIFRA
or TSCA, which would include a grant in aid,
should either obtain a copy of the
Catalog of Federal Domestic Assistance from the
General Services Administration, or
contact the EPA Regional pesticides and toxics
office. Contact: Jack Neylan, 202-564-5033.
The Office of Environmental Justice (OEJ) has a
grants programs which is available to tribes, the
Environmental Justice (EJ) Small Grants
Program. It also is considering a new grants
program for FY 98, the State and Tribal
Environmental Justice (STEJ) Grants Program.
OEJ created the Small Grants Program in 1994 to
assist the community-based/ grassroots
organizations and tribal governments working
on local solutions to local environmental
problems. The Small Grants Program averages
an annual budget of$2.5 million, with awards up
to $20,000. Of the number of grants awarded
under this program, approximately 20% of the
recipients have been tribal governments or tribal
organizations. The new State and Tribal
Environmental Justice (STEJ} Grants Program is
planning to be offered in FY 98 to provide
financial assistance to state and tribal
environmental departments that are working to
address environmental justice issues. With the
increased interest in Title VI of the Civil Rights
Act of 1964 EPA is seeking through this grants
program, to support State and Tribal efforts to
effectively implement Title VI and/ or establish
environmental justice programs. The Agency
plans to budget $500,000 for this new program
with the intention of awarding a total of (5)
$100,000 grants. Contact: Danny Gogal, 202-
564-2576.
POLICIES
Tribal Enforcement Guidance-Adraftguidance
has been developed by the Indian Legal
Workgroup, the American Indian Environmental
Office and the TCC to clarify enforcement
princi pies outlined in EPA' s 1984 Indian Policy.
Comments on the latest draft have been received
and will be incorporated into the final version
which should be completed during FY98.
Contacts:Cris McCullough, 202-564-4008 and Ruth
Miller, 202-564-4299.
TRIBAL DATA MANAGEMENT AND
ANALYSIS
American Indian Lands Environmental Support
Project-The AILESPisa project designed to integrate
and assess current multi-media point-source
releases and potential impacts of contaminants,
and recent compliance and enforcement histories
for facilities located on and near (within 5 km)
Indian lands. Nine regions and five tribes Regis
Mohawk, Red Lake, San Carlos Apache, Omaha,
and Penobscot) are currently participating in the
project. The draft AILESP database, GIS project,
and user's guide are now being distributed via the
internet (http://es.inel.gov/ oeca/ ailesp) to pilot
EPA regions and tribes for review and comment.
Contact: Ruth Miller 202-564-4299.
Annual Compliance Report on Native American
Public Water Systems -The Office of Compliance
is responsible for preparing and distributing to the
public an annual compliance report on Native
American Public Water Systems. (Section
1414(c)(3)(B) of the Safe Drinking Water Act). The
report describes compliance, enforcement, and
financial assistance pertaining to public water
systems located on Indian Reservations. The Office
of Compliance formed an interagency workgroup
to examine data from the SDWIS/FED database
and other databases, other reports generated,
information from workgroup participants and
issues raised concerning compliance of public water
systems on Indian Lands. The workgroup will
provide recommendations and a report that will
link with an overall national compliance report. In
addition, a series of stakeholder meetings and
telephone calls will be set up to address concerns of
other interested parties. To date, two workgroup
meetings have been convened and two stakeholder
meetings with Native American environmental
professionals and public water system
operators have been held. These meetings have
been useful in developing a basic approach to
gathering data on violations, illuminating important
issues, and developing areas of environmental
management that need attention, both within EPA
and for Indian Tribes. Contact: Melanie Laforce
202-564-7068. '
--------------;,r;;,.:.:. ____________ _
EJ Quarterly/Spring 1998
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL MEETING AGENDA
OAKLAND MARRIOTT CITY CENTER
May 31 through June 3, 1998
SUNDAY, MAY 31, 1998
12:00 p.m. Site Tour Begins (Instructions forboarding
site tour bus will be posted in Hotel)
4:30 p.m. NEJAC Site Tour Concludes with a Poster
Session Exhibit
5:45 p.m. NEJAC Meeting Convenes for Public Comment
Period
6:00 p.m. 1st Public Comment Period Begins
9:00 p.m. NEJAC Adjourns for the Evening
MONDAY,JUNE 1, 1998
8:30 a.m. NEJAC Meeting Convenes
Welcome -Haywood Turrentine, Chair of NEJAC
9:00 a.m. Opening Remarks
-Sylvia K. Lowrance, Principal Deputy
Administrator, EPA, OECA
-Felicia Marcus, Regional Administrator
10:45 a.m. Opening Remarks (cont.)
-Lois J. Schiffer, Department Of Justice,
Assistant Attorney General, Environmental and Natural
Resources Division ,· .•-··:tr:;.~r~~,_;-~>~~
Vpdate on EJ t'nftiatives 1:··"~ •
j .~... -ijra,p.lf,Y..Campbell, CEQ
' i ·~ "4
l:30 p. . ~"net:~~~ . ,Comment period begins (non local
area partic1 nHi uraged)
4:30 p.m. 2nd Public Comment period ends
5:45 p.m. NEJAC General Session Reconvenes
6:00 p.m. 3rd Public Comment Period Begins (local area
participants encouraged
9:00 p.m. NEJAC Adjourns for the Evening
-:-1 a. -... ,,.......;
TUESDAY,JUNE 2, 1998
9:00 a.m. NEJAC Subcommittee Meetings Convene
6:30 p.m. NEJAC Subcommittees Adjourn
WEDNESDAY,JUNE3, 1998
9:00 a.m. NEJAC General Session Reconvenes
EPA Speakers
-Steven Herman, AA, OECA
-Robert Brennner, OAR
-Dana Minerva, OW
-Ann Goode, OCR
-Lynn Goldman, OPPTS
10:45 a.m. Old Business
12:00 Lunch Break
I :30 p.m. Business Requiring Executive Council Action
-Subcommittees' reports, findings and
recommendations
-Council resolutions
3:15p.m. BusinessRequiringExecutiveCouncilAction
continued
4:30 p.m. New Business
6:00 p.m. NEJAC Meeting Adjourns
THURSDAY, JUNE 4, 1998
8:30 -5:00 EJ COORDINATORS MEETING
FRIDAY,JUNE 5, 1998
8:30-12:00 EJ COORDINATORS MEETING
Page?
PageB
&EPA
U.S. Environmental Protection
Agency -2201 A
Washington, DC 20460
Official Business
Penalty for Private Use -
$300
EJ Quarterly/Spring 1998
William Meyer
NCDEHNR-DWM
po Box27687
Ral~igh, NC 27611-7687
oEJnonEPA041698
FIRST CLASS MAIL
Postage and Fees Paid
EPA
G-35