NCD980602163_19980603_Warren County PCB Landfill_SERB C_Summary of the Meeting of the National Environmental Justice Advisory Counsil-OCR

RECEIVE CJ
. OCT2 3 1998
• SUPERFUNO~ECT'i2_N , Sutntnary of the Meeting 01 tne
National Environmental Justice
Advisory Council
Federal Advisory Committee
.Marriott City Center
Oakland, California
May 31 -June 3, 1998
I .
PREFACE
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory committee that was
established by charter on September 30, 1993, to provide independent advice, consultation, and
recommendations to the Administrator of the U.S. Environmental Protection Agency (EPA) on matters related
to environmental justice. The NEJAC is made up of 25 members, and one DFO, who serve on a parent council
that has six subcommittees. Along with the NEJAC members who fill subcommittee posts, an additional 39
individuals serve on the various subcommittees. To date, NEJAC has held twelve meetings in the following
locations:
Washington, D.C., May 20, 1994
Albuquerque, New Mexico, August 3 through 5, 1994
Herndon, Virginia, October 25 through 27, 1994
• Atlanta, Georgia, January 17 and 18, 1995
Arlington, Virginia, July 25 and 26, 1995
Washington, D.C., December 12 through 14, 1995
Detroit, Michigan, May 29 through 31 , 1996
• Baltimore, Maryland, December 10 through 12, 1996
• Wabeno, Wisconsin, May 13 through 15, 1997
• Durham, North Carolina, December 8 through 10, 1997
• Arlington, Virginia, February 23 through 24, 1998 (Special Business Meeting)
• Oakland, California, May 31 through June 2, 1998
The NEJAC also has held other meetings which include:
• Environmental Justice Enforcement and Compliance Assurance Roundtable, San Antonio, Texas,
October 17 through 19, 1996
• EPA Region 4 Environmental Justice Enforcement Roundtable, Durham, North Carqlina, December
11 through 13, 1997
As a federal advisory committee, the NEJAC is bound by all requirements of the Federal Advisory Committee
Act (FACA) of October 6, 1972. Those requirements include:
Members must be selected and appointed by EPA
Members must attend and participate fully in meetings of NEJAC
Meetings must be open to the public, except as specified.by the Administrator
All meetings must be announced in the Federal Register
Public participation must be allowed at all public meetings
The public must be provided access to materials distributed during the meeting
Meeting minutes must be kept and made available to the public
A designated federal official (DFO) must be present at all meetings of the NEJAC (and its
subcommittees)
NEJAC must provide independent judgment that is not influenced by special interest groups
Each subcommittee, formed to deal with a specific topic and to facilitate the conduct of the business of NEJAC,
has a DFO and is bound by the requirements of FACA. Subcommittees of the NEJAC meet independently of
the full NEJAC and present their findings to the NEJAC for review. Subcommittees cannot make
recommendations independently to EPA .. In addition to the six subcommittees, NEJAC has established a
Protocol Committee, the members of which are the chair of NEJAC and the chairs of each subcommittee.
Members of the NEJAC are presented in the table on the following page. A list of the members of each of the
six subcommittees are presented in the appropriate chapters of the report.
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
MEMBERS OF THE EXECUTIVE COUNCIL
(1997 -1998)
Designated Federal Official:
Mr. Robert Knox
Acting Director, EPA Office of Environmental Justice
General Members
Mr. Don Aragon
Ms. Leslie Ann Beckhoff
Ms. Christine Benally
Ms. Sue Briggum
Ms. Dollie Burwell
Mr. Luke Cole
Ms. Mary English
Ms. Rosa Franklin
Mr. Arnoldo Garcia
Mr. Grover Hankins
Mr. James Hill
Mr. Lawrence Hurst
Chair:
Mr. Haywood Turrentine
Ms. Annabelle Jaramillo
Ms. Lillian Kawasaki
Mr. Charles Lee
Ms. Vernice Miller
Mr. Gerald Prout
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Ms. Jane Stahl
Mr. Gerald Torres
Mr. Baldemar Velasquez
Mr. Damon Whitehead
Ms. Margaret Williams
. EPA's Office of Environmental Justice (OEJ) maintains transcripts, summary reports, and other material
distributed during the meetings. Those documents are available to the public upon request.
Comments or questions can be directed to OEJ through the Internet. OEJ's Internet E-mail address is:
[e-mail].
Executive Summaries of the reports of the NEJAC meetings are available in English and Spanish on the
Internet at the NEJAC's World Wide Web home page:
http:lwww.ttemi.com/nejac.
ii
TABLE OF CONTENTS
Section Page
PREFACE ........ · .................................................................. i
EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ES-1
CHAPTER ONE: MEETING OF THE EXECUTIVE COUNCIL
1.0 INTRODUCTION ............................................................ 1-1
2.0 REMARKS ................................... .' .............................. 1-2
2.1 Remarks of the Chair of the Executive Council of the NEJAC ............... ·. . . . 1-3
2.2 · Remarks of the Principal Deputy Assistant Administrator, EPA
Office of Enforcement and Compliance Assurance . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4
2.3 Remarks of the Regional Administrator of EPA Region 9 ...................... 1-5
2.4 Remarks of the Assistant Administrator of EPA's Office of
Enforcement Compliance Assurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6
3.0 PRESENTATIONS ...................................................... : .... 1-7
3.1 Report on Activities of the Environment and Natural Resources
Division of the U.S. Department of Justice .................................. 1-7
3.2 Report on Activities of the White House Council on Environmental Quality ........ 1-9
3.3 Report on the Activities of EPA's Office of Air and Radiation ................... 1-11
3.4 Report on the Activities of EPA's Office of Civil Rights ........................ 1-13
4.0 REPORTS OF THE SUBCOMMITTEES ......................................... 1-16
4.1 Enforcement Subcommittee ............................................ 1-16
4.2 Health and Research Subcommittee ... · ................................... 1-16
4.3 Indigenous Peoples Subcommittee ....................................... 1-17
4.4 International Subcommittee ............................................. 1-18
4.5 Public Participation and Accountability Subcommittee ...... _ .................. 1-18
4.6 Waste and Facility Siting Subcommittee ................................... 1-19
5.0 ADMINISTRATIVE ISSUES ................................................... 1-20
5.1 Review of Action Items and Resolutions ................ · ................... 1-20
5.2 Closing Remarks of the Chair of the NEJAC ............................... 1-21
5.3 Next Meeting of the NEJAC ............................................. 1-21
6.0 RESOLUTIONS ............................................................ 1-21
6.1 Resolution Forwarded by the Health and Research Subcommittee .............. 1-21
6.2 Resolution Forwarded by the Indigenous Peoples Subcommittee ............... 1-22
iii
Section
CHAPTER TWO: SUMMARY OF PUBLIC COMMENT PERIODS
1.0 INTRODUCTION ............................................................ 2-1
2.0 PUBLIC COMMENTS PRESENTED ON MAY 31 ,.1998 ............................... 2-1
2.1 Michael Green, Director, Center for Environmental Health,
San Francisco, California ............................................... 2-1
2.2 Manuel Leal, Farm Worker, Sanger, California ............................... 2-2
2.3 Ward Young, Bay Area Nuclear Waste Coalition, Solinas, California ............. 2-2
2.4 LaDonna Williams, Director, Midway for Child Health and
Environmental Justice, Vallejo, California ................................... 2-2
2.5 Kathy Landry, Calcasieu Ladies for Environmental Action Now (CLEAN)
and Mossville Environmental Action Now (MEAN), Mossville, Louisiana .......... 2-3
2.6 Ephraim Camacho, Center on Race, Poverty & the Environment,
California Rural Legal Assistance Foundation, Fresno, California ................ 2-3
2.7 Erasto Bautista, Resident, Tall Pines Trailer Court, Malaga, California ............ 2-4
2.8 Manuel Escondido, Resident, Tall Pines Trailer Court, Malaga .................. 2-5
2.9 Diane Prince, CLEAN and MEAN, Mossville, Louisiana ........................ 2-5
2.1 0 Grace L. Hewell, West Alton Park Neighborhood Association,
Chattanooga, Tennessee ............................................... 2-5
2.11 Debra Ramirez, MEAN, Mothers of Mossville (MOM), Lake Charles, Louisiana ... , .. 2-6
2.12 . Greg Karras Communities for a Better Environment, San Francisco, California ..... 2-6
2.13 Henry Clark, West County Toxics Coalition, Richmond, California ............... 2-6
2.1 4 Dana Lanza, Literacy for Environmental Justice Project,
San Francisco, California ............................................... 2-7
2.15 La Venne Stone, Fort Ord Environmental Network, Marina, California ... · ......... 2-8
2.16 Alex Lantsberg, Southeast Alliance for Environmental Justice,
Bayview-Hunters Point (BVHP), San Francisco, California ..................... 2-8
2.17 Maricela Mares, People for Clean Air and Water, Kettleman City, California ....... 2-9
2.18 Maricela Alatorre, El Pueblo Para El Aire y Agua Limpio,
Kettleman City, California ............................................... 2-9
2.19 Harold Logwood, Oakland/East Bay Minority Business Opportunity
Committee, Oakland, California .......................................... 2-9
3.0 PUBLIC COMMENTS PRESENTED ON THE AFTERNOON OF JUNE 1, 1998 .......... 2-10
3.1 Mr. Robert Kuehn, Tulane University Law School, New Orleans, Louisiana ....... 2-10
3.2 Beverly Wright, Deep South Center for Justice, Xavier University,
New Orleans, Louisiana ................................................ 2-11
3.3 Robert D. Bulla(d, Environmental Justice Resource Center,
Clark Atlanta University, Atlanta, Georgia .................................. 2-12
3.4 Danny Kennedy, Project Underground, Berkeley, California ................... 2-13
3.5 Chris Peters, Seventh Generation Fund, Arcata, California .................... 2-13
3.6 Monique Harden, Earthjustice Legal Defense Fund, New Orleans, Louisiana ..... 2-1_3
3.7 Melanie Mitsne Okamoto, Political Ecology Group (PEG),
San Francisco, California .............................................. 2-14
3.8 Renee Morrison, Chester Block Club Association, Oakland, California ........... 2-:14
3.9 Bradley Angel, GreenAction, San Francisco, California ............. · .......... 2-15
3.10 Donald R. Brown, Communities for a Better Environment,
San Francisco, California ............... ' .. _, ............................ 2-15
3.1 1 Deborah Robinson, Executive Director, International Possibilities Unlimited,
Washington, D.C ...................................................... 2-16
iv
Section Page
3.12 Peggy Saika, Asian Pacific Environmental Network, Oakland, California ......... 2-16
3.13 Vincent Feliz, Seventh Generation Fund, Arcata, California ................... 2-17
3.14 Mike Gardner, People of Lake Davis, Restore Lake Davis Committee,
Graeagle, California ................................................... 2-17
3.15 Floyd Buckskin, Pit River Tribe, Native Coalition for Medicine
Lake Highlands Defense, California ...................................... 2-17
3.16 Michelle Berditschevsky, Native Coalition for_ Mount Shasta, California .......... 2-18
3.17 Sonia Chavez, Colorado River Indian Tribes (C.R.I.T.)
Tribal Council, Parker, Arizona .......................................... 2-18
3.18 David Harper, C.R.I.T. Mohave Elders, Parker, Arizona ....................... 2-18
3.19 Wally Antone, Spiritual Leader for Ward Valley, Colorado River
Native Nations Alliance ................................................ 2-19
3.20 Seth Lubega, Oakwood College, Huntsville, Alabama ..................... : .. 2-19
4.0 PUBLIC COMMENT PRESENTED THE EVENING OF JUNE 1, 1998 ................. 2-19
4.1 Yin Ling Leung, Asians and Pacific Islanders for Reproductive Health,
Oakland/Long Beach, California ......................................... 2-19
4.2 Robin Cannon, Concerned Citizens of South Central Los Angeles,
Los Angeles, California ................................................ 2-20
4.3 Laura Caballero-Conte, Farm Workers Women's Leadership Network,
San Jose, California ................................................... 2-21
4.4 Nikki Bas, Sweatshop Watch, Oakland, California ........................... 2-21
4.5 Richard Burton, St. James Citizens for Jobs and the Environment,
Convent, Louisiana ................................................... 2-22
4.6 Geri Almanza, People Organizing to Demand Environmental
Rights (PODER), San Francisco, California and Southwest Network
for Environmental and Economic Justice, Albuquerque, New Mexico ............ 2-23
4. 7 Maria Alegria, Hazardous Materials Commission, Contra
Costa County, California ....... · ........................................ 2-23
4.8 Laura A. Weahkee, Petroglyph Monument Protection Coalition,
Albuquerque, New Mexico .............................................. 2-24
4.9 David Baltz, Commonweal, Bolinas, California .............................. 2-24
4.10 Lehua Lopez, Caring and Taking Care of the Good That Is Puna,
Native Lands Institute, Hilo, Hawaii ....................................... 2-24
4.11 Patrick Lynch, Clearwater Revival Company, Alameda, California .............. 2-25
4.12 Charles Miller, Law Offices of Charles Miller ................................ 2-25
4.13 David Johnson, Committee for Environmental Justice Action,
San Antonio, Texas ................................................... 2-26
4.14 Pamela Chaing, Fuerza Unida, San Antonio, Texas ......................... 2-26
4.15 Olin Webb, Bay View-Hunters Point Community Advocates,
San Francisco, California · .. · ............................................ 2.:.27
4.16 Jane Williams, Executive Director, California Communities
Against Toxics, Rosamond, California .................................... 2-27
4.17 Nancy Nadel, City Council Member, Oakland, California ...................... 2-27
4.18 Willie Keyes, West Oakland Neighbors, Oakland, California ................... 2-28
4.19 Steve Lopez, Colorado River Native Nations Alliance, Needles, California ........ 2-28
4.20 Damu lmara Smith, GreenPeace, Washington, D.C. . ........................ 2-29
4.21 Dennis English, Director of Environmental Affairs, San Jose
State University, San Jose, California ..................................... 2-30
4.22 Patrick Orozco, Pajaro Valley Ohlone Indian Council, Watsonville, California ..... 2-30
V
Section
CHAPTER THREE: MEETING OF THE ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION .......................... · .............. · .................... 3-1
2.0 REMARKS ................................................................. 3-1
2.1 'Remarks by the Chair of Enforcement Subcommittee ................... , ...... 3-1
2.2 Remarks by the Assistant Administrator, EPA Office of Enforcement and
Compliance Assurance ................................................. 3-1
3.0 UPDATE ON WORK GROUPS OF THE SUBCOMMITTEE ............................ 3-3
3.1 Work Group on the Open-Market Trading of Air Emissions Credits .............. , 3-4
3.2 Worker Protection Work Group ........................................... 3-5
3.3 Work Group on Title VI of the Civil Rights Act of 1964 .......................... 3-6
4.0 PRESENTATIONS AND REPORTS ............................................. 3-6
\
4.1 Report on Use of Alternative Dispute Resolution 'Related
to Environmental Justice ................................................ 3-6
4.2 Report on Demographic Studies in Environmental Justice Matters ... : ........... 3-7
4.3 Report on Demographic and Statistical Applications Related to
St. James Parish, Louisiana ............................................. 3-7
4.4 Report on the Sector Facility Indexing Project ............................... 3-8
4.5 Report on EPA's Compliance and Enforcement Program
Related to Lead-Based Paint ............................................. 3-8
4.6 Report on EPA's Small Business Compliance Assistance Centers ............... 3-9
5.0 SIGNIFICANT ACTION ITEMS ................................................. 3-9
CHAPTER FOUR: MEETING OF THE HEALTH AND RESEARCH SUBCOMMITTEE
1.0 INTRODUCTION ............................................................ · 4-1
/
2.0 REMARKS ........ · .......................................................... 4-1
3.0 ACTIVITIES OF THE SUBCOMMITTEE .......................................... 4-1
3.1 Risk Assessment Roundtable Meeting ..................................... 4-2
3.2 Joint Meeting with Members of the Children's Health Protection
Advisory Committee .................................................... 4-2
4.0 PRESENTATIONS AND REPORTS ............................................. 4-3
4.1 Office of Pollution Prevention and Toxics ................................... 4-3
4.1.1 .. Chemical Right-To-Know Strategy .................................. 4-3
4.1.2 Environmental Justice Spatial Analysis Tool .......................... 4-4
4.1.3 Environmental Indicator Tool ...................................... 4-4
4.2 Lead-Based Paint Study ................................................. 4-4
vi
Section Page
5.0 SUMMARY OF PUBLIC DIALOGUE ............................................. 4-6
5.1 San Francisco Bay, California ............................................ 4-6
5.2 Lake Davis, California .................................................. 4-6
5.3 Midway Village, Vallejo, California ........................................ 4-7
5.4 Community-Based Environmental Protection ................................ 4-8
6.0 RESOLUTION AND SIGNIFICANT ACTION ITEM .................................. 4-8
CHAPTER FIVE: MEETING OF THE INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION ............................................................ 5-1
2.0 REMARKS ................................................................. 5-1
3.0 ACTIVITIES OF THE SUBCOMMITTEE ....................... , ................... 5-1
3.1 Development of a_Guidance on Tribal Consultation ........................... 5-1
3.2 Establishing Work Groups of the Subcommittee ............................. 5-3
3.2.1 Subcommittee Work Group on Title VI ............................... 5-3
3.2.2 Work Group on Sacred Sites ...................................... 5-3
4.0 PRESENTATIONS AND REPORTS ............................................. 5-4
4.1 Proposed King William Reservoir, King William County, Virginia ................ 5-4
4.2 National Petroglyphs Monument, Albuquerque; New Mexico .................... 5-5
4.3 Arctic Native Village, Fort Yukon, Alaska ................................... 5-5
4.4. Mount Shasta, California ..................... : .......................... 5-6
4.5 Medicine Lake Highlands, California ....................................... 5-6
4.6 Puna, Native Lands Institute, Hilo, Hawaii .................................. 5-7
4.7 San Bruno Mountain Ohlone Shell Mound, San Francisco, California ............. 5-8
5.0 RESOLUTION AND SIGNIFICANT ACTION ITEMS ................................. 5-8
•f.HAPfER SIX: MEETING OF THE INTERNATIONAL SUBCOMMITTEE
1.0 INTRODUCTION ........ : ................... · ................................ 6-1
2.0 REMARKS ............... · ................................................... 6-1
2.1 Remarks of the Chair of the International Subcommittee ....................... 6-1
2.2 Remarks of the Deputy Assistant Administrator of EPA's Office
of International Activities ................................................ 6-1
3.0 REVIEW OF ACTIVITIES OF THE SUBCOMMITTEE ............................... 6-2
3.1 Update on the Proposed International Roundtable on Environmental Justice ....... 6-2
3.2 Update on the South Africa Working Group of the International Subcommittee ..... 6-3
vii
Section Page
4.0 PRESENTATIONS AND REPORT ............................................... 6-4
4.1 The New River, Imperial Valley, California .................................. 6-4
4.2 Update on the Worker Protection Work Group of the .
Enforcement Subcommittee ............................................. 6-5
4.3 Presentation by Grupo Gaviotas, Rosarito, California . . .................. · ...... 6-6
5.0 SIGNIFICANT ACTION ITEMS ........................... · ....................... 6-6
CHAPTER SEVEN: MEETING OF THE PUBLIC PARTICIPATION
AND ACCOUNTABILITY SUBCOMMITTEE
1.0 INTRODUCTION .................... : ..... : ................................. 7-1
2.0 REMARKS ........................................................... :· ..... 7-1
3.0 ACTIVITIES OF THE SUBCOMMITTEE ........................................... 7-1
3.1 Review of Selected Action Items .......................................... 7-2
3.2 Revisions of the Model Plan for Public Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 -3
3.3 Recommendation of the Establishment of a Puerto Rico-Caribbean
Public Participation and Accountability Work Group ....................... · ..... 7-4
3.4 Participation by Members in Activities of the Subcommittee ..................... 7-4
4.0 ISSUES RELATED TO PUBLIC PARTICIPATION AND ACCOUNTABILIT'( .............. 7-4
4.1 Planning Site Tours for the NEJAC ............. · ........................... 7-4
4.2 Public Comment Periods of the NEJAC ..................................... 7-7
4.3 NEJAC's Responses to Members of the Public ............................... 7-8
5.0 PRESENTATIONS ........................................................... 7-9
5.1 Use of Neutral Professionals in Issues Related to Environmental Justice ........... 7-9
5.2 A Community-Based Environmental Protection Framework for EPA .............. 7-11
5.3 Review of the Community Advisory Group Toolkit ............................ 7-15
6.0 RESOLUTIONS AND SIGNIFICANT ACTION ITEMS ............................... 7-16
CHAPTER EIGHT: MEETING OF THE WASTE AND FACILITY SITING SUBCOMMITTEE
1.0 INTRODUCTION ............................................................ 8-1
2.0 REMARKS ........ · ......................................................... 8-1
3.0 PRESENTATIONS AND REPORTS ............................................. 8~2
3.1 Issues Related to the Superfund Program .................. _. ............... 8-2
3. 1. 1 Status of the Superfund Reauthorization Process .................. .-... 8-2
3.1.2 Status Report on the Policy on Relocation under Superfund ............. 8-4
viii
Section Page
3.1.3 EPA Plan to Enhance the Role of States and Tribes
in the Superfund Program ........................................ 8-7
3.1 .4 EPA's Response to the NEJAC's Resolution on
Superfund Sites in Puerto Rico .................................... 8-8
3.2 Status Report of the Waste Transfer Station Work Group ...................... 8-9
3.3 Update on EPA's Community-Based Environmental Protection Program ......... 8-11
3.4 Update on the Risk Assessment Roundtable .................... .' .......... 8-12
3.5 Brownfields Issues .................................................... 8-13
3.5.1 Status Report on EPA's Brownfields Program ........................ 8-13
3.5.2 Minority Worker Training Program ................................. 8-15
3.5.3 Status Report on the ASTM Standard Guide to
Brownfields Redevelopment ...................................... 8-15
4.0 SUMMARY OF PUBLIC DIALOGUE ............................................ 8-16
4.1 Urban Habitat Brownfields in the San Francisco Bay Area .................... 8-16
4.2 Environmental Contamination in Calcasieu Parish, Louisiana .. --: ............... 8-17
5.0 SIGNIFICANT ACTION ITEMS ................................................ 8-18
APPENDICES
A List of NEJAC Members
B List of Participants
C Written Public Comments
ix
EXECUTIVE SUMMARY
INTRODUCTION
This executive summary provides highlights of the
twelfth meeting of the National Environmental
Justice Advisory Council (NEJAC), held 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 , members of the NEJAC participated in a
driving tour of several communities in the Oakland,
North Richmond, and Richmond areas to learn
about environmental issues and concerns of
importance 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. 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
Education and Training Trust Fund (an affiliate of
the Laborers' International Union of North
America), serves 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. Exhibit ES-1 lists the chair
and DFO of the executive council, as well as the
persons who chair the six subcommittees of the
NEJAC anQthe EPA staff appointed to serve as
the DFOs for the subcommittees.
OEJ maintains public transcripts and summary
reports of the proceedings of the meetings. Those
documents are available to the public upon
request. The public also has access to the
executive summaries of reports of previous
meetings, as well as other publications of the
NEJAC through the World Wide Web at
http://www.ttemi.com/nejac. The summaries are
available in both English and Spanish.
Oakland, California, June 2, 1998
Exhibit ES-1
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
CHAIRS AND DESIGNATED FEDERAL
OFFICIALS (DFO)
Executive Counci~:
Mr. Haywood Turrentine, Chair
Mr. Robert Knox, Acting DFO
Enforcement Subcommittee: ·
Mr. Arthur Ray, Chair
Ms. Sherry Milan, DFO
Health and Research Subcommittee:
Ms. MJ!IY English, Chair
Ms. Carol Christensen, co-DFO
Mr. Lawrence Martin, co-DFO
Indigenous Peoples Subcommittee:
Mr. James Hill, Chair
Mr. Daniel Gogal, Acting DFO
International Subcommittee:
Mr. Baldemar Velasquez, Chair
Ms. Wendy Graham, DFO
Public Participation and
Accountability Subcommittee:
Ms. Rosa Hilda Ramos, Chair
Ms. Renee Goins, DFO
Waste and Facility Siting Subcommittee:
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
Mr. Turrentine opened the meeting of the
Executive Council by explaining the significance
EPA's interim guidance under Title VI of the Civil
Rights Act of 1964 for investigating administrative
complaints which challenge permitting decisions.
He explained that Title VI 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.
ES-1
Executive Summary
Turrentine expressed his hope that EPA will
continue its strong commitment to resolving
complaints filed under Title VI and that the agency
will consider seriously comments it has received
from communities about the interim guidance.
In addition, Mr. Turrentine discussed the
establishment by the NEJAC of the Assessment
Work Group, explaining that the mission of the
work group is to review past, present, and future
activities of the NEJAC. He also requested that
EPA provide to the members of the NEJAC an
annual report on the activities of the agency
related to resolutions and action items forwarded
to the EPA Administrator by the NEJAC.
Mr. Steven Herman, Assistant Administrator (AA),
EPA Office of Enforcement and Compliance
Assurance (OECA), noted that the meeting had
been "very constructive and useful" for EPA and
that staff of EPA would "take home" what they had
heard during the meeting. He added that staff of
EPA would "be responsive" and that they would
attempt to incorporate into their daily activities
what they learned during the NEJAC meeting. Mr.
Herman emphasized the importance of state and
federal agency enforcement efforts and noted that
"goodwill and intentions are nbt enough."
Environmental and health burdens should not be
borne by communities, he continued, and
government agencies and industry must be held
accountable for their actions. Mr. Herman
mentioned that industry groups have resisted
EPA's insistence on accountability, demanding
instead minimal levels of accountability. Mr.
Herman also said that enforcement efforts also
should be vehicles for promoting pollution
prevention.
Ms. Sylvia Lowrance, Principal Deputy Assistant
Administrator, EPA OECA, ,provided the members
of the NEJAC with an update on steps EPA had
taken to strengthen its relationship with the NEJAC
since the December 1997 meeting of the NEJAC.
Those steps, she said, included:
• "Reinvigoration of the EPA Environmental
Justice Executive Steering Committee t9
ensure that EPA's efforts to respond to
concerns raised by the NEJAC are
coordinated among EPA offices."
ES-2
National Environmental Justice Advisory Council
• Creation of the Air and Water Subcommittee
· of the NEJAC to improve communications
between the NEJAC and EPA's air and water
programs. The subcommittee· is to hold its
first meeting during the November 1998
meeting of the NEJAC.
• Establishment of the Title VI Work Group
under EPA's National Advisory Council for
Environmental Policy and Technology to
advise the EPA Administrator on the
enforcement and implementation of Title VI as
it is related to permitting decisions.
Addressing the members of the NEJAC, Ms.
Felicia Marcus, Regional Administrator, EPA
Region 9, provided an overview of the acti'vities
related to environmental justice that Region 9 ,
conducts. She then pointed out a number of
"challenges" that regional offices of EPA face,
such as:
• Providing assistance in communities in which
EPA has not yet begun to work
• Responding more promptly to letters and
making progress on cases related to Title VI
• Integrating environmental justice into all the
region's activities and programs
• Developing additional tools to better address
issues related to public health
Ms. Marcus emphasized the importance of
educating the general public on the principles of
environmental justice and urged people to "bring
their whole selves" to such issues and not to think
narrowly within the confines of their respective
positions.
On May 31,1998, members of the NEJAC toured
several communities near Oakland, North
Richmond, and Richmond, California. The driving
tour in the Oakland area focused on the diversity
of the. area, partnerships and collaborations,
successful community campaigns, and the
continuing struggles of the communities.
The NEJAC hosted a public comment period on
May 31, 1998, as well as two public comment
periods on June 1, 1998. More than 60 people
participated in the three puqlic comment periods.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Counc#
Issues discussed during the three public comment
periods included concerns about the siting of a
polyvinyl chloride (PVC) facility in Louisiana; the
identification of sacred sites; implementation of
EPA's interim guidance under Title VI of the Civil
Rights Act of 1964 for investigating complaints
which challenge permitting decisions; EPA health
standards related to subsistence fishing; and the
protection of farm workers.
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 (OCR).
COMMON THEMES
During the meetings of the 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
which challenge permitting decisions, as well
as addressing complaints EPA receives that
are related to potential violations under Title
VI.
• Ensuring that EPA particip~te in meaningful
consultation With tribes about issues related to
the interim guidance on Title VI.
• lmprovlng 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.
The members of the NEJAC discussed EPA's
ability to implement and enforce the agency's
interim guidance under Title VI for investigating
administrative complaints which challenge
Oakland, California, June 2, 1998
Executive Summary
permitting decisions. The 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 of community organizations, state
and local governments, and industry, to participate
in dialogues about the guidance.
The members also expressed concern that EPA
had not participated in meaningful consultation
with tribal governments related to the interim
guidance on Title VI and recommended that EPA's
Title VI Work Group conduct one of its meetings in
Indian country.
The 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.
Several members of the Executive Council
reported that, when developing and implementing
air programs, OAR continues to ignore issues
related to environmental justice. In addition, the
members emphasized that public participation
activities must be conducted from the beginning of
any decislon-making process.
The members of the NEJAC discussed at length
ways to 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
presents information about activities EPA has
undertaken in response to resolutions that the
NEJAC had forwarded to the EPA Administrator.
Mr. Herman agreed that EPA's Environmental
Justice Steering Committee would review the
resolutions forwarded to the EPA Administrator
and ensure that resolutions are forwarded to the
appropriate EPA program office. He also agreed
to forward to all EPA program offices resolutions
related to public participation.
ES-3
Executive Summary
Several members of the NEJAC continue to
request that members of the council's
subcommittees be allowed to offer testimony
during the public comment periods held at each
NEJAC meeting. The members stated that, in the
past, verbal explanations by staff of EPA have not
been satisfactory. They therefore requested that
EPA develop a written opinion on the issue. Mr.
Herman agreed to obtain a decision on the matter
for the members of the NEJAC.
SUMMARIES OF THE SUBCOMMITTEE
.MEETINGS
Summarized below are the deliberations of the
members of the six subcommittees of the NEJAC
during their meetings.
Enforcement Subcommittee
The Enforcement Subcommittee listened to
remarks from Mr. Herman, during which he
explained that EPA is accountable to many
stakeholders and that federal and state agencies
often differ in their definitions of the word
"accountability." The members of the
subcommittee also discussed the activities of its
work groups.
The status of each work group was reported as
follows:
• The Work Group on the Open-Market Trading
of Air Emissions Credits had heard a
presentation from representatives of OAR that
outlined EPA's position on spatial averaging,
a process under which state . air quality
agencies average particulate matter readings
~r several air quality monitors in a particular
region. The subcommittee had reminded the
representatives of OAR of the NEJAC's
request in which th.e council urged EPA to
revise the agency's air quality standards for
particulate matter to ensure that the use of
spatial averaging causes no discriminatory
effects on low-income communities and
communities of color.
• The Work Group on Title VI of the Civil Rights
Act of 1964 had prepared comments on EPA's
interim guidance under Title VI of the Civil
Rights Act of 1964 for investigating complaints
which challenge permitting decisions. The
ES-4
National Environmental Justice Advisory Council
comments had been approved by the
Executive Council of NEJAC and forwarded to
EPA's OCR for that office's consideration.
• Members of the subcommittee agreed that the
Worker Protection Work Group had lost focus
since the resignation of one of its members.
The subcommittee appointed Mr. Lamont
Byrd, International Brotherhood of Teamsters,
to serve as the chair of the work group.
The members of the subcommittee also heard
reports on the following issues: the use of
alternative dispute resolution related to
environmental justice; demographic studies in
environmental justice matters related to criminal
investigations; EPA's demographic and statistical
analysis of the PVC facility, which the Shintech
Corporation proposes to construct in St. James
Parish, Louisiana; EPA's sector facility indexing
project; EPA's compliance and enforceme11t
program related to lead-based paint; and EPA's
small business compliance assistance centers.
In addition, the subcommittee agreed to form .two
work groups to address environmental justice
concerns related to citizen suits and community-
right-to-know information about chemical emission
release. The members also drafted a letter to the
EPA Administrator in which the NEJAC requests
that EPA provide to the NEJAC a complete list of
the agency's federal advisory committees. The
letter requests further that the list include
information about diversity among members of
those committees and the steps EPA takes to
ensure that each committee integrates
considerations related to environmental justice into
its efforts.
Health and Research Subcommittee
The members of the Health and Research
Subcommittee discussed a risk assessment
roundtable meeting scheduled for spring 1999 and
identified issues that should be discussed at the
meeting. Those issues included:
• Development of a specific definition of risk
assessment
• Consideration of the potential for
misunderstandings on the part of the
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
community resulting from a comparison of
adverse risks
• Exploration of the limitations of the standard
risk assessment process
Members of the subcommittee also discussed a
proposed joint meeting of the subcommittees of
the NEJAC and members of EPA's Children's
Health Protection Advisory Committee (CHPAC).
Members of the subcommittee also agreed that
such a meeting would provide the opportunity for
the NEJAC to ensure that the CHPAC includes
issues related to environmental justice in its
deliberations.
The subcommittee also received presentations on
the following issues: the status of EPA's Chemical
Right-to-Know Strategy; development of EPA's
environmental justice spatial analysis tool, as well
as EPA's environmental indicator tool; and EPA's
report on "Lead-Based Paint Abatement and
Repair and Maintenance Study in Baltimore."
The members of the subcommittee adopted an
action item that calls for the drafting of a
resolution, for consideration by the Executive
Council, in which the NEJAC requests that EPA:
• Pay particular attention to the ways that
communities focus on issues related to the
conduct and communication of risk
assessments
• Examine its protocols, methods, and activities
related to environmental assessments in light
of comments the ,agency receives from
communities and prepare a detailed report on
the issue
Indigenous Peoples Subcommittee
The deliberations of the Indigenous Peoples
Subcommittee focused on a number of
environmental justice cases related to indigenous
peoples. The members of the subcommittee also
discussed the establishment of several work
groups to address issues related to environmental
justice and sacred sites, the effects of ntle VI of
the Civil Rights of 1964 on tribes; and the
development of guidance for federal and state
agencies oh meaningful consultation with tribes.
Oakland, California, June 2, 1998
Executive Summary
The environmental justice cases discussed by the
subcommittee were:
• The continued opposition of the Mattaponi
Indian Tribe to the proposed construction of a
water-pumping station and reservoir in King
William County, Virginia
• The continued opposition of the Petroglyphs
Monument Protection Coalition to the
proposed construction of a commuter highway
through the National Petroglyph Monument,
located near Albuquerque, New Me~cico
• The concerns of Arctic Native Village of Fort
Yukon about the continuing pollution near the
Arctic National Wildlife Refuge, Alaska that
threatens the subsistence fishing practices of
the people of the village
• The ongoing request of the Native Coalition for
Cultural Restoration of Mount Shasta that
Mount Shasta be listed on the National
Register of Historic Places, as well as for the
continued prevention of geothermal testing in
the area of Medicine Lake Highlands,
California
• The concerns of the Native Lands Institute
about the continued development and use of
geothermal energy in Puna, Hawaii and the
effects of such facilities on sacred sites
• The opposition of the Pajaro Valley Ohlone
Indian Council and San Bruno Mountain
Watch to residential and commercial
development that would affect the San Bruno
Mountain Ohlone Shell Mound, located along
· the western shore of San Francisco Bay
International Subcommittee
The members of the International Subcommittee
di~cussed at length the planning of the proposed
International Roundtable on Environmental Justice
to address environmental justice issues in areas
along the U.S.-Mexico border, as well as other
global environmental justice concerns. The
members also identified several issues, such as
standardization among countries of environmental
regulations and the conduct of outreach and public
education about international projects.
ES-5
Executive Summary
The subcommittee also received r~marks from the
Deputy Assistant Administrator of EPA's Office of
International Activities (OIA), about various tools
the agency uses to integrate principles of
environmental justice into . its international
activities.
The subcommittee received an update on the
progress of the subcommittee's South Africa
Working Group. The work group had developed a
draft report that recommends that EPA consider
incorporating community-based experiences into
the agency's training programs related to South
Africa and encourages the South Africa
Environmental. Justice Network, a coalition of
individuals and community-based organizations
located in South Africa to become more involved
with the International Subcommittee.
The subcommittee also received reports on
environmental justice issues related to New River,
Imperial Valley, California; the Worker Protection
Work Group of the Enforcement Subcommittee of
the NEJAC; and environmental justice concerns of
communities along the U.S.-Mexico border.
Public Participation and Accountability
Subcommittee
Much of the deliberation of the Public Participation
and Accountability Subcommittee focused on ways
to improve public participation in the activities of
the NEJAC. Topics discussed included planning
of the NEJAC's site tours and public comment
periods, development of a public participation
process, identification of technical and other
resources to assist communities, and
establishment of requirements for public
participation that are applicable at the state level.
The subcommittee reviewed selected action items
developed in response to issues raised during
earlier public comment periods of the NEJAC and
subcommittee meetings: The subcommittee also
discussed the need for revising the NEJAC Model
Plan for Pub.lie Participation, planning the next
meeting of the subcommittee; and forming a work
group to address environmental justice issues in
Puerto Rico and the Caribbean.
The subcommittee received presentations on
EPA's use of neutral professionals in resolving
issues related to environmental justice; EPA's
ES-6
National Environmental Justice Advisory Council
community-based environmental protection
program; and EPA's Community Advisory Toolkit.
Waste and Facility Siting Subcommittee
The members of the Waste and Facility Siting
Subcommittee received a report on the progress of
the subcommittee's Waste Transfer Station (WTS)
Work Group. Members of the subcommittee
agreed that the subcommittee should arrange to
discuss the adverse effects of WTSs on
communities in New York City, New York, with
appropriate representatives of that city.
The members of the subcommittee also received
an update on the planning of the Risk Assessment
Roundtable meeting. Members agreed that it is
important to broaden the group of stakeholders
that have influence on the risk assessment
process, to facilitate discussion, and to create a
neutral process that lends credibility to the federal
government.,
The subcommittee received an update on EPA's ·
Community-Based Environmental Protection
(CBEP) program. The subcommittee received a
request from the EPA Office of Policy Planning
and Evaluation (OPPE) to aid in the effort to
identify the needs of various communities and set
priorities among them. The members also
discussed the training of people involved in the
CBEP project as well .as concerns · that
environmental justice had not been incorporated
into CBEP. The members also· discussed the
possibility that the NEJAC might contribute to the
process of selecting a CBEP pilot site, agreeing
that the council could do so if the subcommittee
were to make a formal proposal to that effect.
The subcommittee also received reports and
presentations about issues related to the
Superfund Program; the status of Superfund
reauthorizati0n; the status of EPA's Superfund
relocation policy; EPA's plan to enhance the role of
states and tribes in the Superfund program; EPA's
response to the NEJAC's resolution on Superfund
sites in Puerto Rico; and issues related to the
Brownfields program, such as the Minority Worker
Training . Program and the Standard Guide to
Brownfields Redevelopment, published by the
American Society for Testing and Materials
(ASTM).
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
NEXT MEETING
The next meeting of the NEJAC is scheduled for
November 8 through 12, 1998 in Baton Rouge,
Louisiana. Planned activities will include two
opportunities for the public to offer comment.
Exhibit ES-2 identifies the NEJAC's preferences
for the dates and locations of future meetings.
•
•
.
Exhibit ES-2
FUTURE MEETINGS OF THE
NATIONAL ENVIRONMENT AL
JUSTICE ADVISORY COUNCIL
November 1998 Baton Rouge,
Louisiana
May 1999 New York or New
Jersey
December 1999 Chattanooga,
Tennessee
SUMMARY OF Rl;SOLUTIONS APPROVED
This section, summarizes the resolutions discussed
by the subcommittees and approved by the
Executive Council of the NEJAC.
Oakland, California, June 2, 1998
Executive Summary
Resolution from the Health and Research
Subcommittee
This section presents a summary of the resolution
forwarded by the Health and Research
Subcommittee and approved by the Executive
Council of the NEJAC.
• NEJAC urges EPA to identify the continued
dioxin pollution of the San Francisco Bay as a
high-priority pollution problem requmng
immediate action, thereby forcing the state to
take action to prevent that pollution.
Resolution from the Indigenous Peoples
Subcommittee
This section presents a summary of the resolution
forwarded by the Indigenous Peoples
Subcommittee and approved · by the Executive
Council of the NEJAC.
• NEJAC requests that EPA should work closely
with the Ohlone people to more fully
understand the cultural issues implicated by
the T errabay Project, located near th~ 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, and review the
environmental justice concerns raised by the
proposed Terrabay Project.
ES-7
MEETING SUMMARY
ofthe
EXECUTIVE COUNCIL
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 31 and June 1 and 3, 1998
Oakland, California
Meeting Summary Accepted By:
Robert Knox
Acting Designated Ee~eral Official
Haywood Turrentine
Chair
CHAPTER ONE
MEETING OF THE
EXECUTIVE COUNCIL
1.0 INTRODUCTION Exhibit 1-1
The twelfth meeting of the Executive Council of
the National Environmental Justice Advisory
Council (NEJAC) took place on May 31 and June
1 and 3, 1998, at the Marriott City Center in
Oakland, California. Mr. Haywood Turrentine,
Laborers' District Council of Education and
Training Trust Fund (an affiliate of the Laborers
International Union of North America), continues
to serve as chair of the NEJAC. Mr. Robert Knox,
Acting Director, U.S. Environmental Protection
Agency (EPA) Office of Environmental Justice
(OEJ), continues to serve as the acting
Designated Federal Official (DFO) for the
Executive Council. Exhibit 1-1 presents a list of
NEJAC members who were present and identifies
· those members who were unable'to attend the
meeting. Approximately 350 people attended the
meeting.
On Sunday, May 31, members of the NEJAC
participated in a driving tour of several
communities in Oakland and Richmond,
California. While the driving tour proceeded from
one site to the next, members of the local
communities who served as narrators on the
buses, presented for the members of the NEJAC
an overview of the of health and environmental
concerns of local residents. The narrators,
members of various community groups, shared
information about the communities and sites of
interest. Exhibit 1-2 provides brief descriptions of
the stops on the driving tour. Exhibit 1-3 provides
a photograph of one of the stops of the driving
tour.
On June 2, each member of the Executive
Council participated in the deliberations of one of
the six subcommittees of the NEJAC. Chapters
three through eight of this report provide
summaries of those deliberations. In addition, the
Executive Council hosted three public comment
periods, the first on the evening of May 31 ; the
second on the afternoon of June 1; and the third
on the evening of June 1. Sixty people offered
comments during those sessions. Chapter Two
presents a summary of the public comments
offered during the sessions.
Oakland, California, May 31 and June 1 and 3, 1998
EXECUTIVE COUNCIL OF THE
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL
Members
Who Attended the Meeting
May 31 and June 1 and 3, 1998
Mr. Haywood Turrentine, Chair
Mr. Robert Knox, Acting DFO
Mr. Don Aragon
Ms. Sue Bri&,<>um
Ms. Dollie Burwellt
Mr. Luke Cole
Ms. Clydia Cuykendall *
Ms. Mary English
Ms. Rosa Franklin
Mr. Arnoldo Garcia
Mr. Tom Goldtooth*
Ms. Annabelle Jaramillo
Ms. Lillian Kawasaki
Mr. Charles Lee
Ms. Vernice Miller**
Mr. Gerald Prouttt
Ms. Rosa Hilda Ramos
Mr. Arthur Ray
Mr. Gerald Torrestt
Mr. Baldemar Velasquezt
Mr. Damon Whitehead
Ms. Margaret Williams
Members
Who Were Unable to Attend
Ms. Christine Benally
Mr. drover Hankins
Mr. Lawrence Hurst
Ms. Jane Stahl
t Attended June 1 and 3, 1998 only
ttAttended May 31 and June 1, 1998 only
*Ms. Clydia Cuykendall substituted for
Ms. Leslie Beckhoff, who was unable to attend
the meeting.
*Mr. Tom Goldtooth substituted for Mr. James
Hill, who was unable to attend the meeting.
**New member.of the Executive Council
1-1
Executive Council National Environmental Justice Advisory Council
Exhibit 1-2
STOPS ON mE DRIVING TOUR
On May 31, 1998, members of the NEJAC participated in a driving tour of several communities in and near
Oakland, North Richmond, and the city of Richmond, California. Driving tours provide members of the
NEJAC information about the environmental concerns of communities in the areas in which meetings of the
NEJAC are held. The driving tour in the Oakland area focused on the diversity of the area, partnerships and
collaborations, continuing community struggles, and successful community campaigns. The following
summaries describe the stops on the driving tour conducted during the Oakland meeting.
IES Medical Waste Incinerator Site. Located in East Oakland, the IES facility is the only commercial
medical waste incinerator in California. The facility·incinerates waste from 3,000 medical facilities. Members
of the community expressed concern about the disproportionate effects of the operations of the facility on
communities of color related to air emissions, particularly emissions of dioxin, mercury, lead, cadmium, and
chromium. Several community organizations have formed a coalition to challenge the incinerator's operating
permit.
United Heckathorn Superfund Site. From 1947 to 1966, pesticides were manufactured at this site in
Richmond. Chlorinated pesticides, including dichlorodiphenyltrichloroethane (DDT), were discharged from
the facility and now lie on the bottom of Richmond Harbor. In 1990, EPA placed the 13-acre site on its
National Priorities List (NPL) of the nation's worst toxic sites. Through risk assessments, EPA discovered that
many residents regularly fished near the site. EPA originally decided to clean up the site by dredging the mud
(which is classified under California environmental laws as hazardous waste) from the harbor and transporting
it to a landfill in Mobile, Arizona for disposal. The town of Mobile has a population of approximately 100,
predominantly Latino and African American. However, the communities of Richmond and Mobile organized;
after the views of the two communities were considered in the decision-making process, plans for disposal of
the dredged mud in Mobile were revised to reflect the communities views.
Chevron USA Refinery and Chevron Ortho Pesticide Plant and Hazardous Waste Incinerator. The
Chevron Chemical Company manufactured a variety of pesticides, fertilizers, and additives at these facilities.
Chemicals of which the community was unaware were incinerated at the pesticide plant's incinerator. In
addition, because the incinerator is located near Peres Elementary School, members of the community were
concerned about air emissions from the incinerator. Through the efforts of community organizations, the
renewal of the facility's permit was denied, and the incinerator closed in June 1997.
Verde Elementary School. At the Verde Elementary School, the "Smart Cookies" of the kindergarten class
offered a performance that demonstrated what the students had learned throughout the school year. Mr. Henry
Clark, Director, West County Toxics Coalition and Ms. Yin Ling Leung, Board Member, Asian Pacific
Environmental Network, then described the ways in which the two communities have worked together to clean
up their neighborhoods. The visit to the school ended with a Laotian blessing.
This chapter presents a summary of the
deliberations of the Executive Council. It
contains six sections, including this Introduction.
Section 2.0, Remarks, presents summaries of the
remarks offered by various speakers. Sectjon
3.0, Reports and Presentations, provides
summaries of reports and presentations made to
the Executive Council on various topics. Section
4.0, Reports of the Subcommittees, summarizes
reports submitted to the Executive Council about
the deliberations of each of the six
subcommittees during their meetings on June 2,
1998. Section 5.0, Administrative Issues, focuses
on several topics related to administrative tasks of
the Executive Council. Section 6.0, Resolutions,
1-2
presents the full text of the resolutions submitted
to the Executive Council by the subcommittees of
the NEJAC.
2.0 REMAR~S
This section summarizes the remarks of the chair
of the Executive Council of the NEJAC; the
Principal Deputy Administrator of EPA's Office of
Enforcement and Compliance Assurance
(OECA); the Administrator of EPA Region 9; and
the Assistant Administrator of EPA's OECA.
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
l;xhibit 1-3: Fishermen take their catch from the
polluted waters of the San Francisco Bay.
2.1 Remarks of the Chair of the Executive
Council of the NEJAC
Mr. Turrentine welcomed participants and
informed thein that individual translation services
were available in Chinese, Korean, and Spanish.
Turning his attention to the driving tour, Mr.
Turrentine noted that it had been "one of the most
outstanding" driving tours members of the NEJAC
had participated in to date. He added that the
presentation by the "Smart Cookies/ a group of
kindergarten children, was "phenomenal." Mr.
Turrentine concluded his comments about the
driving tour by offering accolades to the members
of community groups and other individuals who
planned and coordinated the tour.
Mr. Turrentine then acknowledged that EPA had
displayed a "strong commitment" to the
enforcement of Title VI of the Civil Rights Act of
1964 (Title VI). Exhibit 1-4 provides a brief
overview of EPA's interim guidance for
investigating administrative complaints filed under
Title VI which, challenge·permitting decisions. Mr.
Turrentine then stated that the NEJAC and
members of communities had played a vital role
in influencing the agency to issue the interim
guidance and begin to pay serious attention to
implementing and enforcing Title VI. He informed
the participants that the Executive Council had
forwarded comments on the interim guidance to
the Administrator of EPA. Mr. Turrentine
explained that EPA had formed the Title VI Work
Group under the National Advisory Council for
Environmental Policy and Technology (NACEPT)
to advise the agency on revising the interim
guidance, as well as issues related . to the
implementation and enforcement of Title VI. He
noted that several members of the NEJAC had
been appointed to the Title VI Work Group to
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
Exhibit 1-4
THE TITLE VI INTERIM GUIDANCE
FOR INVESTIGATING
ADMINISTRATIVE COMPLAINTS
WHICH CHALLENGE PERMITTING
DECISIONS ·
What is Title VI? Title VI of the Civil Rights Act of 1~64
states:
"No person in the US. 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."
The Civil Rights Act of 1964 requires the federal
government to ensure that federal funds are not used to
discriminate against people on the basis of race, color or
national origin. Under Title VI of the act, citizens may file
complaints with EPA that allege discrimination from the
programs and activities of people who receive EPA
funding. State and local governments carry out most of
the day-to-day permitting decisions with EPA funding.
But the Civil Rights Act only allows citizens to file
complaints with the federal government not with state or
local governments.
The Title VI Interim Guidance for Investigating
Administrative Complaints Challenging Permits was
developed by EPA to provide a framework for addressing
a citizen's claim of discrimination by a state or local
government's decision to issue a specific environmental
pollution control permits.
EPA now has 15 formal Title VI discrimination complaints
under investigation and has a responsibility to address
those complaints on their merit in a fair and timely
manner. On February 5, 1998 EPA published the interim
guidance in the Federal Register and on its web site that
requested written comments be submitted by May 26,
1998. The guidance proposes a policy and set of
procedures for dealing with these complaints. On March
12, 1998, EPA announced the creation of a Title VI Work
Group under EP A's National Advisory Council for
Environmental Policy and Technology to open up a
dialogue with impacted stakeholders. The Work Group is
comprised of 26 representatives from state, tribal and local
governments; industry; academia; non-government
organizations, and community groups and is working on
how to address these permitting concerns before a permit
becomes the subject of a complaints.
EPA will not finalize the Title VI guidance until the
committee's final input is issued which is expected in
December 1998.
1-3
Executive Council
ensure that the work group considers
environmental justice concerns.
Continuing his remarks, Mr. Turrentine
announced the establishment of the NEJAC
Assessment Work Group, explaining that the
mission of the work group would be to review the
past, present, and future activities of the NEJAC.
Mr. Turrentine also expressed concern that during
every public comment period held by the NEJAC,
participants raise the issue of EPA's
accountability. He recommended therefore that
EPA provide to the members of the NEJAC an
annual report on the action the agency has taken
on resolutions and action items that the NEJAC
forwards to the Administrator of EPA Mr.
Turrentine stated his belief that such a "report
card" would help to build the public's confidence
and trust in the agency and the NEJAC.
2.2 Remarks of the Principal Deputy Assistant
Administrator, EPA Office of Enfc;,rcement
and Compliance Assurance
On behalf of the Administrator of EPA, Ms. Sylvia ·
Lowrance, Principal Deputy Assistant
Administrator, EPA OECA, welcomed the
members of the NEJAC to the meeting.
Continuing discussions begun dunng the
December 1997 meeting of the NEJAC about
strengthening the relationship between EPA and
the NEJAC, Ms. Lowrance provided an update on
steps EPA had taken to strengthen its relationship
with the NEJAC. Those steps, she said, included:
"Reinvigoration" of the EPA Environmental
· Justice Executive Steering Committee to
ensure that EPA's efforts to respond to
concerns raised by the NEJAC are
coordinated.among EPA offices. In addition
to the 1 O deputy assistant administrators,
representatives from three regional offices
serve on the steering committee, providing
what Ms. Lowrance described as a "field
perspective."
Creation of the Air and Water Subcommittee
of the NEJAC to improve communications
between the NEJAC and EPA's air and water
programs. The subcommittee is to hold its
first meeting during the November 1998
meeting of the NEJAC.
1-4
Establishment of the Title VI Work Group,
under NACEPT, committee composed of
diverse stakeholders to advise EPA on the
National Environmental Justice Advisory Council
enforcement and implementation of Title VI
related to permitting.
Ms. Lowrance also informed the members of the
NEJAC that EPA would award small grants to
several states to develop environmental justice
programs that will serve as models for other
states.
Ms. Lowrance also reported on efforts to appoint
a director for EPA's OEJ. She explained that EPA
had received all the applications for the position
and that she currently was interviewing
candidates. A final decision was to be made by
the end of June 1998, she added.
Following Ms. Lowrance's remarks, Ms. Vernice
Miller, Natural Resources Defense Council and
member of the Waste and Facility Siting
Subcommittee, suggested that EPA use the
interim guidance on Title VI as an opportunity to
educate state regulatory agencies about issues
related to the enforcement of Title VI. Ms.
Lowrance replied that Ms. Miller's
, recommendation was an "excellent suggestion"
and noted that approximately 10 states had
expressed interest in developing a cooperative
working relationship with EPA on issues such as
dispute resolution.
Continuing the discussion of the participation of
states in implementing Title VI and ensuring
consideration of issues related to environmental
justice, Mr. Charles Lee, United Church of Christ
Commission for Racial Justice and chair of the
Waste and Facility Siting Subcommittee, stated
that he is pleased with EPA's "firm stand" on Title
VI. He said further that he hopes that the agency
will continue to "stand firm." Mr. Lee expressed
concern that issues related to environmental
justice continue to be misunderstood. He noted
for example, that the state of New Jersey named
its program "environmental equity" rather than
"environmental justice." He strongly
recommended that EPA use all opportunities to
educate states and industry about environmental
justice.
Agreeing with Ms. Miller and Mr. Lee, Ms. Lillian
Kawasaki, City of Los Angeles, California
Department of Environmental Affairs and member
of the Waste and Facility Siting Subcommittee,
reminded the members of the NEJAC that the role
of local governments also must be addressed and
included in discussions of the implementation of
Title VI .and environmental justice. She also
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
pointed out that local governments quite often are
not aware that they are recipients of federal
funds, as well as important stakeholders in issues
that have implications related to environmental
justice.
Mr. Luke Cole, California Rural Legal Assistance
Foundation and member of the Enforcement
Subcommittee, requested that EPA appoint
representatives of communities to serve on the
Title VI · Work Group because, he said, he
believes it is important to remember the history of
Title VI. It was community leadership within the
civil rights movements, he pointed out, that
created Title VI. Ms. Mary English, University of
Tennessee Energy, Environment, and Resources
Center and chair of the Health and Research
Subcommittee, echoed Mr. Cole's statement
about the importance of including representatives
of community-based organizations on the Title VI
Work Group. She emphasized, however, that
attention must not be diverted from low-income
communities that are not necessarily
encompassed under Title VI.
Mr. Don Ar~gon, Shoshone and Northern
Arapaho Tribes Wind River Environmental Quality
Commission and member of the Health and
Research Subcommittee, urged EPA to work
expeditiously to address administrative
complaints filed under Title VI. Mr. Aragon
requested that EPA inform the members of the
NEJAC of the status of current complaints,
pointing out that the NEJAC hears repeated
testimony during public comment periods about
complaints to which EPA has not responded.
Ms. Lowrance closed by thanking the members of
the Executive Council for their comments ~nd
stating that she would forward the suggestions
they had offered on the Title VI Work Group to
EPA's Office of Civil Rights (OCR) for
consideration.
2.3 Remarks of the Regional Administrator of
EPA Region 9
Addressing the members of the NEJAC, Ms.
Felicia Marcus, Regional Administrator, EPA
Region 9, stated that she was honored to be
present at the meeting.
Ms. Marcus provided an overview of the activities
related to environmental justice that Region 9
conducts, pointing out that the region's goal is to
"connect with communities and empower and
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
engage them in decision making and in
relationships with Region 9 [personnel]" and to
conduct outreach and provide grants. Exhibit 1-5
provides an overview of the activities she
described.
Ms. Marcus then pointed out a number of
"challenges" that regional offices of EPA face,
such as:
• Providing assistance in communities in which
EPA has not yet begun to work
"Moving faster," in its activities, such as
responding to letters and making progress on
cases related to Title VI
• Integrating environmental justice into all
activities and programs, rather than leaving to
a few individuals the primary responsibility for
the implementation of the Executive order on
environmental justice
Developing additional tools to better address
issues related to public health
Ms. Marcus pointed out that the principles of
environmental justice must be "integrated into the
consciousness of the general public." She also
urged people to "bring their whole selves" to such
issues and not to think narrowly within the
confines of their respective positions.
Mr. Turrentine thanked Ms. Marcus for attending
the meeting personally, rather than sending her
staff. He observed further that, because Ms.
Marcus attended the public comment period held
by the NEJAC, she would be able to address
issues and respond to participants. quickly.
Mr. Cole asked what actions EPA had taken
against states that are the objects of repeated
complaints filed under Title VI related to those
permitting authority under the Resource
Conservation and Recovery Act (RCRA). Ms.
Marcus stated her regrets that she could not
provide a better answer than to acknowledge EPA
must develop better guidance for states and
better engage states in meaningful dialogue
about such issues. Mr. Cole then requested that
Ms. Marcus inform the members of the NEJAC of
the action EPA Region 9 proposes to take in the
case of the trailer park located near the Purity Oil
Superfund site in Malaga, California. Ms. Marcus
explained that EPA Region 9 had deployed teams
to begin to address the contamination at the Tall
1-5
Executive Council National Environmental Justice Advisory Council
Exhibit 1-5
OVERVIEW OF THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)
REGION 9's ACTIVITIES RELATED TO ENVIRONMENTAL JUSTICE
Following is an overview of EPA Region 9's activities related to environmental justice:
• Train EPA personnel to help them better interact with communities and to "institutionalize" a focus on ·
developing relationships with communities '
• Prepare to "eventually play a facilitative or leadership role" in helping entities other than EPA implement
Executive Order 12898 on Environmental Justice and incorporate the principles of environmental justice
into their programs and activities
• Form a team of seven full-time employees who work on issues related to environmental justice; including a
committee charged specifically with addressing "people-related" issues
• Conduct outreach efforts that focus on issues of significance to tribes and issues related to activities along
the U.S.-Mexico border
• Initiate two pilot projects to help communities facilitate relationships with government agencies and
conduct monthly meetings to promote dialogue and build relationships
• Develop and conduct environmental justice training for "in-house" staff and for staff of other federal
agencies, such as the U.S. Department of Energy and the U.S. Department of the Interior
• Establish an environmental justice hot line for communities
• Implement the environmental justice small grants program that focuses on issues related to lead
contamiµation, fish consumption, urban habitats, and children's health issues
• Issue Community and University Partnership grants, including an award to the environmental crimes
division of a local police department for conducting community policing activities
Pines Trailer Court. The trailer park was the
subject of a presentation offered during a public
comment period of the current meeting.
Mr. Thomas Goldtooth, Indigenous Environmental
Network (IEN) and acting chair by proxy of the
Indigenous Peoples Subcommittee, invited Ms.
Marcus to attend IEN's annual gathering to be
held August 2 through 5, 1998 in the Modoc
National Forest, California, pointing out that the
meeting will be "the largest gathering of Indians in
the ~ountry." Mr. Goldtooth also expressed
·• ~on~m about mining activities and the effects of
those activities on indigenous people. He further
requested that EPA Region 9 provide to members
of the NEJAC information about the regional
office's policy related to Indian reservations
located in urban areas. He added that it was
"good to see regional tribal staff" present at the
NEJAC meeting. Finally, Mr. Goldtooth urged
EPA not to forget the "grassroots tribal people,"
noting that EPA had placed emphasis on
interacting with tribal governments rather than
tribal communities.
Mr. Lee thanked Ms. Marcus for her comments,
her participation in coordinating the driving tour,
and her work in establishing a regional
1-6
environmental justice team. He noted the
appropriateness of holding the NEJAC meeting in
Oakland because of the Bay Area's large number
of community organizations. Mr. Lee added that
the location of the NEJAC meeting also was
significant because of the large number of
individuals of Asian descent who live in the area.
Mr. Lee questioned EPA Region 9's ability to fully
integrate environmental justice into all programs
and activities under current circumstances,
pointing out that a system should be developed
for accomplishing that goal.
2.4 Remarks of the Assistant Administrator of
EPA's Office of Enforcement Compliance
Assurance
Mr. Steven Herman, Assistant Administrator of
EPA's OECA, offered general remarks about the
meeting, noting that the meeting had been "very
constructive and useful" for EPA and that staff of
EPA would "take home" what they had heard
during the meeting. He added that staff of EPA
would "be responsive" and that they would
attempt to incorporate what they have learned
during the NEJAC meeting into their daily
activities.
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
Focusing on the driving tour, Mr. Herman
described the experience as "inspiring." He
added that a pa~icularty striking aspect of the tour
was the "seriousness of the work that we pursue
and the difficulty of the task." He stated that the
observations of driving tour participants at the
Heckathorn Superfund site illustrated the difficulty
of the tasks that lay ahead. He reminded them
that they had observed individuals fishing in an
area that obviously was polluted and dangerous.
Mr. Herman also mentioned the "magnificent"
kindergarten children who had performed at the
end of the driving tour. The children's
performance, he said, was the sort of thing that
"gives real meaning to the work we do" and
"makes you want to go to work in the morning." ·
Mr. Herman then noted the importance of
enforcement efforts of state and federal agencies,
pointing out that "good will and intentions are not
enough." He added that, during the previous
year, EPA had undertaken the "greatest effort
ever" to bring companies into compliance with
environmental · laws and regulations.
Environmental and health burdens should not be
borne by communities, he continued, and
government agencies and industry must be held
accountable for their actions. Mr. Herman stated
that industry groups have resisted EPA's
insistence on accountability, insisting instead on
minimal levels of accountability. He explained
that EPA is "trying creative regulatory
approaches" to achieve better accountability.
Pollution prevention also is important, he said,
and good enforcement efforts also should be
used to promote pollution prevention.
Mr. Herman concluded his remarks by thanking
the members of the NEJAC whose terms were
due to expire for their service on the council.
Acknowledging their efforts, he distributed
certificates of recognition to them. Exhibit 1-6
presents the names of the retiring members of the
NEJAC.
3.0 PRESENTATIONS
This section summarizes presentations related to
activities of the Environmental and Natural
Resources Division of the U.S. Department of
Justice (DOJ); the White House Council on
Environmental Quality (CEQ); the EPA Office of
Air and Radiation (OAR); and EPA OCR.
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
Exhibit 1-6
RETIRING MEMBERS OF THE
NATIONAL ENVIRONMENTAL JUSTICE
ADVISORY COUNCIL .
Ms. Christine Benally
Mr. Douglas Bruggie
Ms. Dollie Burwell
Mr. Frank Coss
Ms. Mary English
Mr. Grover Hankins
Mr. Lawrence Hurst
Ms. Lillian Kawasaki
Mr. Charles Lee ·
Mr. Pen Loh ·
Mr. Andrew McBride
Ms. Mildred McClain
Mr. Richard Monette
Mr.,Arthur Ray
Ms. Peggy Shepard
Mr. Bill Simmons
Ms. Connie Tucker
Mr. Baldemar Velasquez
3.1 Report on Activities of the Environment
and Natural Resources Division of the U.S.
Department of Justice
Ms. Lois Schiffer, Assistant Attorney General,
Environmental Natural Resources Division, DOJ
explained that each division of DOJ has an
environmental justice coordinator. Ms. Schiffer
explained the role of DOJ, pointing out that DOJ
"litigates cases on behalf of other agencies." She
stated that her job is to enforce federal
environmental laws and defend agencies when
their efforts to carry out those laws are
challenged. Commenting on earlier discussions
of issues related to tribal communities, Ms.
Schiffer stated that much of DOJ 's work in the
area of "Indian litigation" is intended to protect the
sovereignty of tribes.
Ms. Schiffer then informed members of the
NEJAC of some cases involving issues of
environmental justice that DOJ had litigated. She
mentioned that the Environmental Crimes section
of DOJ had prosecuted cases around the country
in which contractors removing asbestos had
violated the law by hiring untrained people to
carry out the removal. Ms. Schiffer explained that.
asbestos fibers are regulated under the Clean Air
1-7
Executive Council
Act (CAA) and added that DOJ had "begun to see
a pattern across the country of hiring homeless
people and teenagers to remove asbestos." She
identified two cases in particular that had resulted
in indictments. She explained that one case, in
Chattanooga, Tennessee involved the
employment of homeless individuals to remove
asbestos. In that case, the responsible parties
were indicted in April 1998. Another case, in
Miami', Florida, also involved the employment of
homeless men to remove asbestos. In that case,
said Ms. Schiffer, two individuals had been sent to
prison.
In addition to the removal of asbestos by
untrained and unqualified individuals, Ms. Schiffer
continued, another recurring problem is the
spraying of ,commercial pesticides (methyl
parathion in particular) that are intended for
outdoor use in -the homes of residents of low-
income communities. (That practice is engaged
primarily to fumigate homes.) She explained that
many individuals had been found guilty of the
practice and had been prosecuted. For example,
she said, more than 1,500 people had been
evacuated from their homes in Mississippi
because of the practice and "millions" of federal
dollars had been spent to relocate the individuals
and conduct cleanup activities. Ms. Schiffer
explained that the individuals responsible had
been convicted and imprisoned. Similar practices
had been identified ifl Tennessee and other
states, Ms. Schiffer added.
Ms. Schiffer then turned her attention to civil
cases against companies that operate in low-
income communities and communities of color.
She explained that attorneys at DOJ are
encouraged to conduct outreach and education
when crimes are committed in low-income
communities and communities of color that are
affected by environmental injustices. She then
mentioned several instances in which DOJ had
worked with communities to develop
supplemental environmental projects (SEP),
including projects in Louisiana, Illinois, Oklahoma,
and Texas.
Ms. Schiffer pointed out that DOJ defends
government agencies when federal regulations
are challenged. She emphasized the role of
environmental justice in such cases, turning her
attention to a case in which the Bad River Band of
the Lake Superior Tribe of Chippewa Indians
challenged EPA's decision about the granting of
a permit to the Copper Range Mining Company.
1-8
National Environmental Justice Advisory Council
In that case, she explained, DOJ negotiated a
resolution under which the mining company
agreed to reevaluate its position in light of issues
related to environmental justice. The mining
company subsequently decided not to pursue the
project, she added.
Mr.. Arthur Ray, Maryland Department of the
Environment and chair of the Enforcement
Subcommittee, inquired about the role of DOJ in
developing and implementing EPA's interim
guidance for implementation of Title VI. He also
asked what states can do "to avoid complications"
with respect to Title VI. Ms. Schiffer replied that
DOJ's civil rights division has primary
·responsibility for matters related to enforcing Title
VI and that the division had helped EPA conduct
a legal analysis of Title VI and related
environmental justice concerns. She explained
that the analysis included an assessment of
DOJ's role in implementing Title VI and added
that a DOJ task force was analyzing the role of
-· states in implementing Title VI.
Ms. Miller expressed gratitude for DOJ's
persistence in addressing issues related to
environmental justice. She then explained that
many cases ofenvironmental injustices in Puerto
Rico remain unaddressed. Ms. Miller said that
Puerto Rico is "treated differently from other
states in EPA Region 2," and that the residents of
Puerto Rico are "mor.e likely to. be protected if
they move to New Jersey or New York." Ms.
Schiffer responded that DOJ had worked in
partnership with EPA to resolve issues in Puerto
Rico and to "get public agencies in Puerto Rico to
do more.· Mr. Herman commented that some
issues in Puerto Rico are "extremely complex"
and that EPA Headquarters and Region 2 staff
would follow-up on the issues that tiad been
raised during the current meeting of the NEJAC.
Both Ms. Miller and Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution and Chair
of the Public Participation and Accountability
Subcommittee, expressed concern about a
perceived lack of community participation in
decision making related to the resolution of
problems in Puerto Rico. Ms. Ramos requested
that EPA and DOJ "stop touting their
achievements in community involvement" in the
development of SEPs. "The real issue is clean
air," she stated. Ms. Ramos pointed out that
communities had not had the opportunity to
participate in decisions about issues related to
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
. releases from the facilities of public utilities in
Puerto Rico.
Mr. ·Lee raised a question about the factors that
constitute a "disparate impact." He asked
whether a common point of view exists with
respect to determining whether disparate impacts
exist. Mr. Lee stated that there are difficulties
associated with "scientifically addressing risk
issues related to environmental justice." He
pointed out that "traditional" perspectives of risk
must change to ensure that issues of
environmental justice are considered during risk
assessment. Ms. Schiffer responded that, when
working on enforcement cases, DOJ considers
each community affected by a particular issue
from a "who lives there" perspective. She agreed
with Mr. Lee that, with respect to the application of
Title VI, the questions and issues Mr. Lee had
raised must be addressed.
Ms. Kawasaki asked what role DOJ plays when a
federal agency is perceived to be responsible for
discriminatory actions in a case involving Title VI.
Can DOJ assume a mediatory role in such a case
to avoid litigation, she asked. Ms. Schiffer
responded that DOJ had worked with federal
agencies to develop procedures for dispute
resolution. She also stated that DOJ would be
willing to work with a federal agency to ensure
that disputes are resolved in such ways that take
into account the effect on the community.
Mr. Cole expressed disappointment that attorneys
from OOJ who had been present at a meeting of
EPA's Title VI Work Group and who had been
expected to serve as technical experts to answer
questions about Title VI had not been able to do
so. Mr. Cole then stated that it had been
'disturbing that the attorneys could not answer any
questions about the application of Title VI in
Indian country. Ms. Schiffer agreed to call such
concerns to the attention of the appropriate
division of DOJ .
3.2 Report on Activities of the White House
Council on Environmental Quality
Mr. Bradley Campbell, White House CEQ, began
his presentation by stating that, during the
December 1997 meeting of the NEJAC, members
of the NEJAC had raised important concerns ·
about CEQ's commitment to addressing issues of
environmental justice and conducting outreach.
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
Mr. Campbell reminded the members that the
NEJAC had recommended strongly that CEQ
engage in more community-based outreach to
identify concerns related to environmental justice.
He then announced that CEQ was to conduct a
series of regional community-based outreach
meetings, the first in Los Angeles, California, to
provide a forum in which representatives of
communities and federal agencies could discuss
problems and the ways in which they could work
together to address those problems. During his
presentation, Mr. Campbell reported on other
activities that CEQ had undertaken, including:
• Distribution of the Environmental Justice
Guidance Under the National Environmental
Policy Act (NEPA) to federal agencies
Issuance of a memorandum from Vice
President Gore to all members of the Cabinet
requesting that they "renew their focus" on
environmental justice and "establish a
reporting mechanism" to improve
accountability (Exhibit 1-7 presents a copy of
the memorandum)
Distribution to affected communities of
information about air emissions and related
health effects related to such emissions
Mr. Campbell then responded to a comment
made during one of the public comment periods
held during the current meeting about the
accountability of the White House in ensuring
environmental justice. He stated that some
individuals had attempted to characterize Title VI
as a "choice between jobs and environmental
justice." That view, he said, is mistaken; he
pledged that CEQ would work with EPA to
"debunk that assertion."
Ms. Ramos expressed concern that CEQ still had
not addressed how it would hold other federal
agencies accountable for failure to implement
Executive Order 12898 on Environmental Justice.
Mr. Campbell responded that the regional
meetings should be a first step in addressing that
issue.
Mr. Cole commended Mr. Campbell for speaking
out against the opponents of the Civil Rights Act
of 1964 who had mischaracterized issues related
to Title VI. Mr. Cole explained that low-income
communities and communities of color do not
have the financial resources to effectively fight for
1-9
Executive Council National Environmental Justice Advisory Council
*
1-10
Exhibit 1-7
THE VICE PRESIDENT
WASl11NGTON
April 22, 1998
MEi\..iORA.i.'IDUlvl FOR HEADS OF DEPARn,!ENTS .AJ.'ID AGE!"lCIES
SUBJECT: ENVIRONMENTAL nJSTICE
On Februacy 11, 1994, President Clinton issued ExCQltive Order 12898, "Federal Actions
to Ad~ess Environmentai Jlust!ce ln Minority Populations and Low-Income Populations." As
you are aware~ the Executive Order provides that "each Federal agency shall make achieving
environmental justice pan of its mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or ,environmental effects of its programs, .
policies, and activities on minority populations and low-income populations."
We recently marked the fourth anniversary of th~ Executive Order. President Clinton and
I are grateful for the =any efforts of your agencies in meeting the terms .and advancing the goals
of the Executive Order. Nonetheless, many difficult challenges-remain in identifying and
addressing toxic burdens md other health and environmental risks bome disproportionately by
low-income and minority communities. There have beetl strong expressions oi concern from
community leaders that our efforts to date have not been sufficient.
As we celebrate Ei-r.h Day, it is an appropriate time to renew our cozrucitment to this
effort. I am asbng t=.e Chair of the Council on Environmental Quality (CEQ) to work with all
of'. the agencies involved to reach out to community, environmen~ and public· health
organizations~ States; Tribes and tribal organizations; Mayors and local gove.-ument officials; anci
Members of Congress to identify areas where our effort can and should be sttengtheneci. I am
asking each Cabinet :nember to support this . effort, and to designate an official' in his or her
immediate office who can work with CEQ to strengthen our effons to achieve environmental
justice. CEQ should report to me within ninety (90) days, and periodically the.'"Cafter, on the
status .of the agency effort.
President C!i:..cm and I -are grateful for your assistance in this vital ~deavor for our
communities.
PRINTED ON RECYCLED PAPER
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Coqncil
civil rights issues. EPA, he said, needs the help
of CEQ. Mr. Campbell then stressed that parties
involved in such issues must be careful not to
"oversimplify" issues related to Title VI.
Ms. Margaret Williams, Citizens Against Toxic
Exposure and member of the Health and
Research Subcommittee, expressed concern
about the "fragmentation" of local, state, and
federal activities and the lack of coordination of
issues related to environmental justice. She
pointed out that community members typically
raise issues in letters to federal agencies and the
federal agencies tend to pass the issues raised
on to regional offices. VVhen communities inquire
about the status of efforts on the regional level to
address the issues, "the regions claim that they
are cleaning up contaminated areas and the
issues get dropped there," Ms. Williams stated.
Echoing Ms. · Williams' concern, Ms. Rosa
Franklin, Washington State Senate and member
of the Health and Research Subcommittee, '
commented that the role of local and state
government agencies in addressing Title VI
issues cannot be forgotten. She added that
agencies must be educated, particularly with
respect to the miscon~eption that there is an
issue of jobs versus the environment. Mr.
Campbell responded that, if EPA's Title VI Work
Group would develop a template outlining actions
that states can take to implement Title VI, "that
will be a first step toward ensuring [states']
engagement in addressing environmental justice"
issues. He added that education is one
necessary component and, in addition, "everyone
must be on board" with respect to the ways in
which problems are addressed.
Mr. Goldtooth expressed concern that issues
related . to Native American treaty rights and
-j&risdic1ion have not been addressed adequately,
as they pertain to Title VI. Stating that efforts to
"do away with treaty rights have spilled over into
discussions about Title VI," he asked whether
CEQ supports the rights of tribes with respect to
issues related to te_rritory and sovereignty. Mr.
Campbell responded that the issues Mr.
Goldtooth had raised are important to CEQ and
expressed his agreement that issues related to
tribal sovereignty should be addressed.
Mr. Lee suggested that CEQ incorporate
discussions of Title VI into the ongoing dialogue
that is taking place under the President's initiative
on race. Mr. Lee stressed that social and
demographic changes in our country must be part
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
of that ongoing dialogue. He stated that "between
now and the next 25 years, the majority of people
in this country will be people of color." Finally, Mr.
Lee asked whether there are opportunities to
"cultivate the efforts of other agencies" and form
additional partnerships among federal agencies to
address issues of environmental justice. Mr.
Campbell explained that individuals working on
the· President's initiative on race would be present
at the meeting that CEQ was planning to host in
Los Angeles. He explained that CEQ was
seeking the views of community-based
organizations to help set the agenda for the
meeting. He then pointed out that only two and
one-half years remain to "shape this
administration's impact on environmental justice"
stating that it would be important to "keep an eye
on the clock" in addressing pertinent issues.
3.3 Report on the Activities of EPA's Office of
Air and Radiation
Mr. Robert Brenner, Acting Deputy Assistant
Administrator, EPA OAR, began his presentation
by stating that he had requested time on the
agenda of the NEJAC to discuss OAR's initiative
to accelerate the reduction of toxins in the air in
communities located in urban areas. Further, he
said, he wished to discuss an area of ongoing
tension, EPA's open-market trading of air
emissions credits program. One lesson that he
had learned through discussions with the
members of the NEJAC, Mr. Brenner explained,
is that the two issues are closely linked and that,
despite significant progress by EPA, the overall
level of toxic air pollution in urban areas remains
"too high."
Continuing, Mr. Brenner explained that EPA was
identifying the 30 air toxins that pose the greatest
threat to communities in urban areas and ·
identifying stationary sources of pollution that
account for 90 percent of the emissions of those
toxins. Mr. Brenner stated that OAR's goal is to
develop the Integrated Urban Air Toxic Strategy
to address toxic air emissions in urban areas and
that the strategy would be an action item for
review by the newly established Air and Water
Subcommittee of the NEJAC.
Mr. Brenner also informed the members of the
NEJAC about a partnership between EPA and the
School of Public Health and Natural Resources at
the University of Michigan under which the two
parties were to assist in the development of the
strategy. Under the partnership, Mr. Brenner
1-11
Executive Council
explained further, EPA will be able to use the
university's expertise to gather comments on the
strategy from members of communities.
Turning his attention to the topic of the open-
market trading of air emissions credits, Mr.
Brenner explained that some communities are
skeptical of the program because they believe
that the "trading will short-change them." Mr.
Brenner pointed out that the acid rain program is
"based solely on [the concept of] trading" and that
the program had brought about a 30-percent
reduction in emissions of sulfur dioxide. That
fact, he said, is an example of the benefits of the
open-market trading of air emissions credits
program. In addition, Mr. Brenner said,
implementation of the national ambient air quality
standards for smog and , soot that the
Administrator of EPA had approved the previous
year will contribute significantly to the control of
costs associated with ensuring compliance with
air standards and regulations.
Several members of the NEJAC expressed strong
concern about the efficacy of EPA's efforts to
reduce harmful air emissions in low-income
communities and communities of color. Mr. Ray
stated that EPA OAR "does not seem to embrace
environmental justice," pointing out that the
NEJAC had forwarded to the Administrator of
EPA a number of resolutions requesting action
related to the open-market trading of air
emissions credits program. Mr. Ray stated that
the presentation Mr. Brenner had made to the
Enforcement Subcommittee during its meeting
indicated that the community EPA profiled for the
trading program could have a one percent
increase in pollution and that the community
already was affected disproportionately by
pollution. Mr. Ray expressed concern that EPA
had not ·studied the situation to the fullest extent
possible and expressed outrage that EPA had not
informed the community adequately of possible
consequences of the trading program. Mr. Ray
concluded by urging that Mr. Brenner and OAR
truly listen to communities and become more
sensitive to the effects the agency's decisions
have on communities.
Mr. Damon Whitehead, Lawyers' Committee for
Civil Rights Under Law, echoed Mr. Ray's
comments and stressed that EPA's OAR had not
enforced adequately the requirement of states to
reduce air emissions by 15 percent, as required
under the 1990 amendments to the CAA. Mr.
· \/Vhitehead said that only a "handful of states" had
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National Environmental Justice Advisory Council
submitted plans for complying with the
requirement. That circumstance, he said, raises
questions about the extent to which EPA holds
states accountable, as well as the extent of the
overall accountability of federal agencies to the
public.
Mr. Brenner said that states must submit their
work plans under CAA by certain deadlines and,
if those deadlines are not met, the law allows an
18-month period to "fix the problem." During that
period, he continued, OAR attempts to work with
states to help them complete their plans. If the
plans are not completed within the 18-month
period, Mr. Brenner explained, EPA is "required
by law to impose sanctions against the states" in
such areas as funding for economic development
and highway improvement projects. Most states
are now "functioning within the 18-month period,"
Mr. Brenner pointed out.
Mr. Herman explained that there is "widespread
philosophical disagreement" between EPA and
the states with respect to whether enforcement
actions are consistent with the notion of
partnerships. That disagreement, he added, had
manifested itself in several ways, including a
"significant drop" in compliance by states with
federal regulations. Mr. Herman said . that the
disagreement creates a "constant struggle" for
EPA. He then informed members of the
Executive Council that EPA had taken steps to
assess the extent of state compliance, and
identify potential causes of noncompliance. He
added that EPA was anticipating receipt of a
report from the Office of the Inspector General
that will provide insight into the causes of
. noncompliance. The report, Mr. Herman said,,
should be of help to EPA in its effort to analyze
the root cause of the problem.
Ms. Kawasaki emphasized that communities are
not opp.osed to trading programs; however, she
pointed out, communities are demanding
assurances from EPA and state and local
governments that the quality of air is improving
and their health is protected.
Mr. Lee inquired about EPA's process for
addressing issues related to environmental justice
and issuing permits under Title V of CAA. He
explained that he had heard representatives of
EPA say that there are few ways to integrate
environmental justice into Title V. Mr. Brenner
responded that he was not aware of such
statements and that staff of EPA and a group of
. Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
state air pollution administrators had discussed
processes by which EPA and the states can take
into consideration issues related to environmental
justice when they develop permits under Title V.
Further, Mr. Brenner stated, EPA will encourage
the consideration of environmental justice
concerns as a part of the permitting process.
Mr. Cole reminded the members of the Executive
Council that Mr. Brenner had made a presentation
at the December 1997 meeting of the
Enforcement Subcommittee and had agreed to
investigate the potential discriminatory effects of
the open-market trading of air emissions credits
program in the Los Angeles, California air basin.
Mr. Cole explained that, at the current meeting of
the Enforcement Subcommittee, Mr. Brenner
stated that there is such an effect; however, the
effect of the program on the town of Wilmington,
California, Mr. Brenner has said, is not significant
because 450,000 pounds of air emissions already ··
affect that community compared with 4,500
pounds of air emissions released per year as a
result of the trading program. Mr. Col.e then
stated that the members of the subcommittee had
been shocked by Mr. Brenner's presentation. Mr.
Cole explained that such an analysis favors
communities that have no pollution, because
4,500 pounds of air emissions in a community
that has no pollution would be significant in OAR's
model, while 4,500 pounds of air emissions in a
community that is subject to 450,000 pounds of
air emissions is insignificant. Mr. Brenner stated
that it was not his intention to convey the
message that the increase in air emissions to the
already affected community is insignificant.
Mr. Turrentine stated that he is convinced more
than ever that the newly established Air and
Water Subcommittee should address such issues
and develop working relationships with OAR and
EPA's Office of Water (OW) because many of the
issues involve educating staff of those EPA
programs about environmental justice. Mr. Lee
then pointed out that certain community groups
are "missing from the list" of proposed members
of the new subcommittee. For example, he
suggested that representatives of the Mossville,
Louisiana and West Harlem, . New York
communities, as well as members of groups
representing communities along the U.S.-Mexico
border should be offered memberships. Mr. Lee
also expressed concern that the two very complex
EPA programs OAR and OW "share a
subcommittee," and suggested that the NEJAC
might have established one subcommittee on air
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
issues and another on water issues. Mr. Brenner
responded that OAR is very supportive of the new
subcommittee and that, on the subject of its
membership, OAR wanted to ensure "crossover''
between its Clean Air Act Advisory Committee
and the new subcommittee. Mr. Brenner also
stated that OAR is willing to fund up to five
members for the new subcommittee.
3.4 Report on the Activities of EPA's Office of
Civil Rights
Ms. Ann Goode, Director, EPA OCR, began her
remarks by distributing a profile of the agency
work force that provided information about the
number of EPA employees and the distribution of
individuals classified as minorities within the
agency. The number of minorities represented
had increased by almost 50 percent during the
Administration of President Clinton, Ms. Goode
said; however, she added, there remains a need
for progress with respect to the levels and
classifications of minority employees relative to
other employees, she added.
Ms. Goode then responded to two action items
agreed upon by the members of the Executive
Council at the special business meeting of the
NEJAC held in February 1998. Exhibit 1-8
provides the action items and the response by
OCR to those action items.
Ms. Goode then reported on the agency's
activities related to Title VI. She informed the
members of the NEJAC that EPA had received
three administrative complaints filed under Title VI
since the December 1997 meeting of the NEJAC
and that currently, 51 complaints had been filed
with EPA Ms. Goode explained that EPA had
accepted 15 complaints for processing and that 7
of those are "in active stages of investigation."
EPA had devoted much effort, she said, to the
investigation of the case of the Shintech
Corporation's proposal to build a polyvinyl
chloride (PVC) facility in Convent, Louisiana, a
predominately low-income, African American
community. She emphasized that EPA had not
ignored the other cases; however, she explained,
the handling of issues involved in the Shintech
case will provide a "critical foundation" for
addressing other cases. She pointed out that
EPA had developed requirements for conducting
a demographic analysis and has refined a
methodology for conducting a relative impact
analysis. Those tools, which, she explained, are
intended to help communities determine the
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Executive Council
Exhibit 1-8
RESPONSES BY THE U.S.
ENVIRONMENTAL PROTECTION
AGENCY (EPA) OFFICE OF CML
RIGHTS (OCR) TO ACTION ITEMS OF
THE EXECUTIVE COUNCIL
Described below are responses by EPA OCR to
action items agreed upon by the Executive
Council during a special business meeting of the
National Environmental Justice Advisory
Council (NEJAC) in February 1998.*
Recommend that OCR contact Kathy Gorospe,
EPA American Indian Environmental Office
(AIEO), to determine whether OCR can
participate in training that AIEO is developing
to help EPA staff to work effectively with tribes.
EPA OCR's National Indian Program Manager
is to participate in the training and then train
staff of OCR. In addition, OCR and AIEO will
provide more than $400,000 a year in
scholarship assistance for American Indian
students.
Request that EPA provide to the NE.JAC copies
of correspondence between EPA Region 2 in
New York City and the region's Carribean field
office related to the field offices 's request for' ·
additional decision-making authority.
EPA OCR reviewed correspondences dating
back to 1990 and identified only one complaint
filed against EPA Region 2 by the field office.
That complaint had been resolved.
*The action items are presented in italic type,
and the responses in roman.
relative burden of environmental and health
effects, will be made available to the public.in the
near future, Ms. Goode said.
Ms. Goode then announced that the period had
closed for comments on EPA's interim guidance
for investigating administrative complaints under ·
Title VI which challenge permitting decisions.
She added that the agency had received
comments from more than 100 entities. She
explained that the OCR would provide to the
members of the NEJAC copies of the comments
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National Environmental Justice Advisory Council
received. In addition, OCR is developing a
response to comments document that will group
similar comments, she noted.
Ms. Goode also told the Executive Council that
EPA had engaged in dialogue with various
stakeholders about the interim guidance. The
dialogue included sharing of information about
effective approaches and lessons learned for
implementing Title VI, she said. Ms. Goode
explained that the July 1998 meeting of EPA's
Title VI Work Group was to be held in
Philadelphia, Pennsylvania, adding that a site tour
was to be conducted during the meeting. She
added that two additional meetings had been
scheduled and that EPA anticipates that, by
December 1998, the work group will provide
recommendations for the final guidance to the
Administrator of EPA .
Ms. Goode then offered comments about the
internal workings of OCR that had affected
enforcement of Title VI. She explained that a
team leader will have been hired by the end of
summer to coordinate activities related to Title VI
and that the position had been advertised both
within and outside the federal government. She
explained that, as the newly appointed Director of
OCR, she is being "very selective" in the type of
staff she is building because she wants the "best
and brightest" staff who have diverse knowledge
and expertise. Ms. Goode informed members of
the NEJAC that the Administrator of EPA had
made a commitment to allow expansion of staff of
OCR, including the addition of four staff to serve
as case managers, an outreach and
communications coordinator, and a technical
coordinator. "The Administrator has committed to
providing OCR with whatever it needs," Ms.
Goode said. She added that OCR's budget had
increased to $500,000 for fiscal year 1999 and
that OCR had "drawn resources" from various
sources, including "staff loans" and computer
support from other EPA offices.
Ms. Ramos expressed concern about the lack of
"concrete" guidance governing the protection of
African American, Asian American, Native
American, Latino, and low-income white
communities, particularly with respect to the
effects of the open-market trading of air
emissions credits program on these communities.
She questioned whether OCR was the
appropriate office to address the issue of racism
in the implementation of policies and programs.
Ms. Ramos added that communities in Puerto
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
Rico and Hawaii do not "have the benefit of an
acid rain program;" however, "this does not mean
that EPA is not responsible for ensuring the
protection of those communities." She also asked
how EPA intended to "deal with" states that are in
violation of performance partnership agreements
but still continue to receive federal funding. Ms.
Goode responded that EPA's.OCR currently was
in a "reactive mode" of responding to a body of
complaints that it had received . She pointed out
that EPA hopes to move toward a more "proactive
role" of providing guidance. "That is an
appropriate role of the office," she said, "but we're
not there yet."
Mr. Goldtooth expressed concern about the lack
of meaningful consultation with tribes on the
subject of Title VI. He pointed out that EPA had
communicated with some, but not all tribes. Mr.
Goldtooth requested that EPA mail its interim
guidance on Title VI to all federally recognized
tribes. Emphasizing that the application of Title VI
in Indian country is a critical issue, he requested
that EPA's Title VI Work Group hold one of its
meetings in Indian country. Mr. Goldtooth also
expressed concern about the lack of
representation of people of color on the Title VI
Work Group. Ms. Goode agreed to ensure that
tribal communities have information about the
interim guidance on Title VI and to ensure that
OCR works with EPA AIEO to use existing
networks to conduct outreach to tribes.
Several other members of the NEJAC expressed
concern about lack of diversity in the membership
of EPA's Title VI Work Group. Ms. Goode
responded to those concerns by stating that it is
"better to have membership that includes the
opposition rather than shutting them out." She
pointed out that strategic decisions had been
made about the group's membership. She added
that EPA is not insensitive to comments about the
need for community involvement, and she noted
that EPA had received complaints about its
"failure to include people who actually live in
affected areas." Ms. Goode suggested that the
agency had been "naive" with respect to the
inclusion of individuals from affected areas and
noted that EPA was reevaluating the issue in an
attempt to determine a course of action.
Mr. Cole expressed his disappointment at EPA's
handling of issues related to odors. He pointed
out that EPA had narrowed the range of issues
that are covered under Trtle VI and that OCR can
address to include only those issues that are
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
relevant to permitting decisions. Mr. Cole added
that he does not believe that Title VI supports
such narrowing, he said. Even if issues such as
odors are ancillary to the primary issues facing a
community, Mr. Cole continued, they remain
discriminatory in nature, and OCR can and should
address them. Mr. Cole also asked whether, EPA
would reject a case in which the complainant
pursues litigation after a complaint has been filed
under Title VI. Ms. Goode stated that she would
look into the matter and provide an answer to that
question.
Mr. Lee noted that Title VI is "serving as a catalyst
for environmental and economic justice;" that
there is a need to define the phrase "adverse
impact;" and that addressing the issue "requires
a paradigm Shift." Mr. Lee offered a number of
suggested steps that could be taken to define and
address adverse impacts, including:
• Inviting a number of individuals who are
"experts" on issues related to environmental
justice to conduct a symposium to develop
tools for conducting environmental justice
analyses
• Improve the relationship between EPA's OCR
and EPA's Office of Solid Waste and
Emergency Response (OSWER) to facilitate
the sharing of information and lessons
learned related to environmental justice
• Develop programs to educate states on the
relationship between ,environmental justice
and Title VI
• Establish a working relationship between OEJ
and OCR to better use resources and funds
in programs and activities related to Title VI
Mr. Baldemar Velasquez, Farm Labor Organizing
Committee and chair of the International
Subcommittee, asked when farm workers would
be "put on the radar screen" of EPA and when
resources would be provjded to address . issues
related to. the protectioi:i of farm workers,
particularly in such areas as the "Deep South."
"For every reported migrant worker, many more
are entering the [United] States illegally," Mr.
Velasquez said . He stated that the "next great
civil rights movement in America will likely revolve
around migrant worker issues." He urged EPA to
coordinate with other agencies its efforts to
address issues of concern to migrant workers,
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Executive Council
pointing out that "race relations are dependent on
how this is addressed."
4.0 REPORTS OF THE SUBCOMMITTEES
Each subcommittee met for a full day on June 2,
1998. This section presents summaries of the
action items and resolutions developed during
those discussions, as well as updates on the
activities of the subcommittees. The full text of
. each of the resolutions of the subcommittees is
provided in Section 6.0 of this chapter. Full
summaries of the deliberations of the
subcommittees are presented in Chapters 3
through 8. of this report.
4.1 Enforcement Subcommittee
Mr. Ray reported on the activities of the
Enforcement Subcommittee. He stated that the
role of partnerships between states and EPA with
respect to ensuring environmental justice had
been a topic of discussion among the members of
the subcommittee. He noted that the lack of
accountability on the part of state agencies was of
particular interest to the members of the
su,bcommittee, as well as EPA's plans to "bring
states into cotnpliance" with federal laws and
regulations.
Mr. Ray informed the members of the Executive
Council that the Enforcement Subcommittee also .
had discussed the need to educate the local
residents about the way in which EPA calculates
fines and penalties for those who are found not to
be in compliance with regulations and those
found liable for costs associated with cleanup of
a site. Members of the subcommittee discussed
the formation of a work group to address issues
related to lawsuits brought by citizens, Mr. Ray
added.
He also reported that members of the
subcommittee had agreed that many small
businesses do not have sufficient resources to
undertake the activities necessary to "come into
compliance" and that creative ways therefore
should be devised to assist such businesses and
provide information to them. Mr. Ray noted that
videotape presentations can be used to provide
small businesses with information, stating that
EPA's small business compliance assistance
project is an example of efforts to help small
businesses comply with regulations.
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Na,tional Environmental Justice Advisory Council
Mr. Ray also reported that the subcommittee had
discussed the need for greater diversity in the
federal work force and, in particular, among those
making key decisions related to issues of
environmental justice.
The meeting of the Enforcement Subcommittee
had been attended by several individuals who
provided presentations on a variety of topics,
including:
Mechanisms of alternative dispute resolution
and ways to use those mechanisms in
enforcement or settlement cases involving
Title VI and other issues related to
environmental justice
Mapping systems and tools for determining
"what constitutes an environmental justice
area" (Mr. Ray explained that representatives
of EPA Region 3 had presented information
about ways in which criminal investigators
and inspectors can use such tools to help
identify issues associated with a site.)
Efforts to provide communities with
information about the activities of police
departments
Methods of distributing to communities
information about lead poisoning in children
Finally, Mr. Ray stated that members of the
Enforcement Subcommittee had discussed at
some length issues related to Title VI and EPA's
Title VI Work Group. As a result of that
discussion, members had drafted a letter to the
Administrator of EPA in which the NEJAC
· requests a complete list of advisory committees
established under the Federal Advisory
Committee Act (FACA) and other advisory boards
at EPA. The letter states that the list of advisory
committees must include lists of the members of
such bodies and information about the affiliations
of those members, and information about existing
rules governing tenure on such bodies. Members
of the Executive Council approved the letter,
which was to be forwarded to the Administrator of
EPA.
4.2 Health and Research Subcommittee
Ms. Franklin reported on activities of the Health
and Research Subcommittee. She explained that
members of the subcommittee had discussed
issues related to the conduct of risk assessments;
Oakland, California, May 31 and June 1 and 3, 1998
I
I
I
►
t
National Environmental Justice Advisory Council
issues related to children 's health; and
information about lead abatement research.
Chapter Four, Meeting of the Health and
Research Subcommittee, presents a detailed
summary of discussions of the members of the
subcommittee about the EPA report "Lead-Based
Paint Abatement and Repair and Maintenance
Study in Baltimore: Findings Based on the First
Years of a Follow-up."
Ms. Franklin pointed out that members of the
Health and Research Subcommittee had
expressed their intention to address the question
of "what constitutes ethical research ," particularly
when "highly vulnerable" communities and
subpopulations are involved. That question she
indicated, had been raised in the cases of various
research projects, as well as with respect to the
implications of the results of certain research
projects for low-income communities and
communities of color.
Ms. Franklin read a resolution that members of
the subcommittee had· approved that addressed
subsistence fishing in the San Francisco Bay and
related health risks from dioxin contamination.
She summarized the particular issues of concern,
including the perceived failure of the state of
California to identify polychlorinated biphenyls
(PCB) and dioxin in the Bay area as a high priority
issue, and minimal posting of health warnings in
the vicinity of the Bay. Another pertinent issue
discussed by the subcommittee, Ms. Franklin
continued, was the requirement that under the
Clean Water Act, that states set total maximum
allowable discharge levels for areas that have
been declared "high priority." . The
subcommittee's resolution, she continued,
requested that the Bay area be declared a high
priority issue because of the presence of PCBs
and dioxins and the use of the Bay by
subsistence fishermen. The Executive Council
approved the resolution.
Members of the Executive Council then discussed
the issue of subsistence fishing in general, noting
that EPA historically has not addressed the issue.
Mr. Whitehead pointed out that the data that
generally are used to make determinations about
rates of consumption of fish are based on an
"average 140-pound white male," adding that
such data are not necessarily appropriate and
that use of them fails to take other populations
into account. Mr. Aragon noted that fishermen
sometimes remove health warning signs and
stated that appropriate language and "lay"
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
terminology should be used of signs, so that
people can read and understand them. Mr.
Goldtooth pointed out that indigenous populations
are "particularly impacted" by subsistence issues
because of the spiritual relationship involved in
fishing for subsistence; therefore, he said, the
posting of signs "does not really apply" to
indigenous populations. Mr. Whitehead
requested that a subcommittee be charged with
developing a resolution on environmental justice
issues related to subsistence fishing.
4.3 Indigenous Peoples Subcommittee
Mr. Goldtooth reported on the activities of the
Indigenous Peoples Subcommittee. He explained
that members of the subcommittee had discussed
the distinction between federally recognized tribes
and those that are not so recognized, and the
responsibility of tribal members to voice their
concerns to federal and state agencies.
Mr. Goldtooth explained that the subcommittee
also had discussed issues pertaining to sacred
sites and issues related specifically to the
protection of sacred sites on Mount Shasta,
California, an area of relig ious and cultural
significance to indigenous peoples. He noted that
the subcommittee had agreed that the
relationship between the protection of sacred
sites and environmental justice should be clarified
and that the formation of a work group to address
this issue would be appropriate.
Continuing, Mr. Goldtooth explained that
members of the s.ubcommittee had reflected on
the history, status, and progress of resolutions
forwarded to th~ Administrator of EPA on issues
specific to indigenous people. A number of those
resolutions, he said, had been developed before
the Indigenous Peoples Subcommittee was
established. He then requested that the
subcommittee be provided a list of all resolutions
related to indigenous peoples.
Mr. Goldtooth also told the Executive Council that
the subcommittee had discussed at length Title VI
and its implementation in Indian country. The
subcommittee had drafted a letter requesting that
EPA consult with tribes about the applicability of
Title VI to indigenous tribal populations and that
the Title VI Work Group hold a meeting in Indian
country. Mr. Goldtooth also presented a letter to
the Administrator of EPA about the agency's
failure . to respond to and address Indigenous
Resolution No. 23 on the proposed siting of a
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Executive Council
nuclear waste dump on lands in Ward Valley,
California that include · sacred sites. The
members of the Executive Council approved the
letter.
The members of the Executive Council approved
a resolution drafted by the subcommittee on the
San Bruno Mountain Ohlone Shell Mound, a
burial site in the San Francisco Bay area that has
spiritual and cultural significance to tribes. The
resolution requeststhat EPA intervene to·prevent
the destruction of the burial ground. The area,
Mr. Goldtooth explained, had been targeted for
residential and commercial development that h_e
said would destroy the burial ground.
4.4 International Subcommittee
Mr. Velasquez reported on the deliberations of the
International Subcommittee. He explained that ,
the subcommittee had heard presentations about
the global activities of EPA's Office of
International Activities (OIA); issues related to
pollution along the U.S.-Mexico border; the
"polluting practices" of a national power company
in Mexico and the lack.of response to the problem
on the part of the Mexican government; and
information related to inspections conducted by
EPA to determine compliance with pesticide
regulations. Mr. Velasquez criticized EPA's
reliance on owners of farms to determine whether
their farms are in compliance, stating that EPA
should ask the farm workers whether an
operation is in compliance. He pointed out that ·
staff of EPA had agreed to meet with members of
the subcommittee to discuss issues related to
protection of farm workers, but that the meeting
had not yet occurred. Mr. Velasquez added that
the "people writing farm worker protection
guidelines have no understanding of and give no
• ~consffleration to environmental justice issues
facing the farm workers."
Mr. Velasquez stated that Ms. Mildred McClain,
Citizens for Environmental Justice and a member
of the International Subcommittee, had reported
to the subcommittee on her recent tour of South
Africa. A written report on the tour will be
distributed to members of the subcommittee and
subsequently to members of the Executive
Council, Mr. Velasquez explained.
Mr. Velasquez reminded the members of the
NEJAC that the Exec·utive Council had agreed
that the International Subcommittee should host
a roundtable meeting to focus on international
1-18
National Environmental Justice Advisory Council
issues of environmental justice and means of
promoting environmental justice around the world.
He pointed · out that the U.S. Trade
Representative (USTR) had been invited to
participate in the discussions of the lnteragency
Work Group on Environmental Justice but had
declined to do so. Mr. Velasquez noted that
global environmental justice will not be achieved
if the USTR is not knowledgeable about
environrnental justice issues. He added that "the
issue of economics sometimes_ gets lost in
discussior,s about environmental justice." He
stated further that the pursuit of goals related to
economic gains is the cause of many of the
environmental justice 'issues that arise. He urged
members of the NEJAC to "question the ethics
and motivation beh ind decision making" and to
hold companies accountable for their actions.
Members of the Executive Council agreed,
approving a letter to the Administrator of EPA
requesting that a roundtable meeting be held to
discuss international issues of ~nvironmental
justice and that the black farm workers of America
be included in the dialogue.
Mr. Velasquez concluded his report by noting the
upcoming end of the terms of several members of
the subcommittee, including his own term as
chair. He announced that Mr. Arnoldo Garcia,
Urban Habitat Program, would serve as a proxy
chair until a new chair is approved by the
Executive Council.
4.5 Public Participation and Accountability
Subcommittee
Ms. Ramos reported on the activities of the Public
Participation and Accountability Subcommittee.
She noted that the subcommittee had discussed
issues related to community-based environmental
protection (CBEP}, the process by which public
comment periods are conducted during meetings
of the NEJAC, and issues related to pollution and
the lack of public participation in decision-making
processes in Puerto Rico .
Ms. Ramos explained that members of the
subcommittee had listened to a presentation on
CBEP by Mr. Gerald Filbin, EPA Office of Policy
Planning and Evaluation, Office of Sustainable
Ecosystems and Communities (OSEC}, who
defined CBEP as a "holistic and collaborative
approach to environmental justice that brings
together public and private stakeholders within a
place or community to identify environmental
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
justice concerns, set priorities, and forge
comprehensive solutions." The members then
had discussed the extent to which CBEP
addresses issues related to environmental justice,
Ms. Ramos said. She stated that the
subcommittee will continueto pursue that issue,
as well as investigate ways to incorporate the
"environmental justice vision" into the CBEP
approach.
Ms. Ramos also reported that members of the
subcommittee had discussed issues pertaining to
the process by which public comment periods are
conducted during meetings of the NEJAC. Ms.
Ramos added that effective, audible means
should be used to announce and enforce time
limits during public comment periods, to ensure
that everyone who wishes to do so is afforded an
opportunity to speak. She explained that
members of the subcommittee also agreed that
the rule banning members of the subcommittees
of the NEJAC from providing testimony is not
acceptable.
Mr. Cole also expressed concern about denying
members of the subcommittees an opportunity to
provide testimony during public comment periods,
cautioning that to do so is a violation of first
amendment rights under the constitution . Mr.
Cole stated that any rule that bars members of
the subcommittees from providing public
comments should be rescinded. During
subsequent discussion about the origin and
legality of the rule forbidding members of the
subcommittee to offer testimony during public
comment periods, Mr. Herman stated that he
would ask EPA's Office of General Counsel for
written clarification of the matter.
Ms. Ramos informed members of the Executive
Council that a member of the subcommittee had
not been allowed to speak during the public
comment periods conducted during the current
meeting because of his affiliation with the
subcommittee. She then requested that that
individual, Mr. Delbert Dubois, Four Mile
Hibernian Community Association, be allowed to
provide comments, and the Executive C.ouncil
agreed. Mr. Dubois then told the members of the
Executive Council about a community in
Charleston, South Carolina, that is facing issues
that include high infant mortality rates, high
cancer rates, and a high incidence of birth
defects, among other severe pmblems. Local
residents, he explained, engage in s_ubsistence
fishing. Many, he continued, have lived in the
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
community and have eaten fish and other
seafood from local waters all their lives.· Mr.
DuBois explained that the community would like
EPA to conduct an investigation of the cumulative
health effects and risks posed to local residents
from the consumption of contaminated fish and
from pollution caused by federal facilities in the
area, particularly U.S. Navy installations. Mr.
DuBois stated that the community had requested
that EPA provide information from the Toxic
Release Inventory (TRI), geographic information
systems, as well as other data. However, EPA
had not responded, he added.
Ms . Ramos continued her report by informing
members of the Executive Council of a resolution
that members of the subcommittee had drafted on
the formation of a work group to address the
environmental justice issues of communities in
Puerto Rico and the Carribean. The members of
the Executive Council then engaged in extensive
discussion of the appropriate purview of the
proposed work group and the composition of the
work group. Comments were made about the
importance of expanding the charge of the work
group beyond . public participation issues to
include environmental issues in general, including
those related to the siting of facilities. After much
discussion, members agreed that Ms. Ramos will
work with the Protocol Committee of the NEJAC
to develop the resolution. The resolution then will
be forwarded to members of the Executive
Council for a vote by mail.
4.6 Waste and Facility Siting Subcommittee
Mr. Lee began his report on the activities of the ·
Waste and Facility Siting Subcommittee by
thanking the members of the subcommittee for
their" efforts iri addressing environmental justice
issues related to siting facilities. Mr. Lee also
acknowledged that Mr. Timothy Fields, Jr., Acting
Assistant Administrator, EPA OSWER, had
attended every meeting of the subcommittee and
that more than 15 OSWER staff attended
meetings of the subcommittee regularly. Mr. Lee
also cited the efforts of Ms. Linda Garczynzski,
Director of the . Office of Outreach/Special Projects
Staff in EPA's OSWER and thanked Mr. Kent
Benjamin, DFO of the subcommittee, for his
"tireless efforts." Mr. Lee stated that his four
years as a member of the NEJAC had been
"enriched by interactions with these and many
other" individuals.
1-19
Executive Council
Mr. Lee then informed members of the NEJAC
that the subcommittee had viewed a videotape
about the redevelopment of Brownfields
properties. The videotape, he said, "sparked
excitement, pride, and hope" and is available from
EPA for general distribution. Mr. Lee explained
that other issues discussed during the
deliberations ofthe subcommittee included:
• Possibility of establishing a work group to
investigate areas in which legislative changes
are needed to address such issues as
relocation and the Superfund program
Status of EPA's relocation policy, which is
scheduled to be released by the end of July
1998 for public comment
• Need to establish a process for incorporating
lessons learned from relocation efforts ir;, the
community of Pensacola, Florida, into
ongoing efforts to establish a relocation policy
Disproportionate health effects associated
with the existence of 64 waste transfer
stations and numerous landfills in three
communities in New York City , New York
Efforts by EPA Region 2 to address issues
related to Superfund sites in Puerto Rico, the
amount of information that exists about those
efforts, and the need for a compendium of the
information
• Importance of interagency coordination
among federal agencies to "truly" address.
issues of environmental justice
• Possibility of conducting a roundtable
meeting in early 1999 to discuss issues
related to risk assessments and cumulative
. health impacts
Mr. Lee also informed members of the Executive
Council about a presentation provided to the
subcommittee by members of the community of
Mossville, Louisiana during which topics related to
cumulative health effects were discussed. The
community members asked the subcommittee to
establish a work group to assess cumulative
effects of environmental and health risks on
"cluster" communities, Mr. Lee explained.
Mr. Lee concluded his report by acknowledging
the amount of work that has been done by EPA
offices to address issues raised by the NEJAC.
1-20
National Environmental Justice Advisory Council
He particularly noted that OSWER had "attached
budgets" to its efforts which, he pointed out, is
"noteworthy and significant." He also
acknowledged the efforts of the National Institute
of Environmental and Health Sciences (NIEHS),
stating that NIEHS had been one of the first
agencies to "embrace" the concept of
environmental justice. He added that NIEHS
recently had announced the award of $1 .5 million
in grants for projects that address environmental
injustices.
Ms. Anabelle Jaramillo, Citizen's Representative
to the Office of the Governor for the State of
Oregon and member of the Public Participation
and Accountability Subcommittee, then suggested
that the Waste and Facility Siting Subcommittee
work in concert-with the Public Participation and
Accountability Subcommittee to address issues
related to CBEP. Mr. Lee expressed his
agreement and stated that several members of
the Waste and Facility Siting Subcommittee are
experienced in the area of CBEP.
5.0 ADMINISTRATIVE ISSUES
This section presents a summary of the
discussions of the Executive Council about
administrative matters related to the NEJAC.
Closing remarks by members of the Executive
. Council and the chair of the NEJAC are
summarized, as well as remarks of the DFO of
the NEJAC about the next meeting of the NEJAC.
5.1 Review of Action Items and Resolutions
Mr. Knox led a brief discussion about resolutions
and action items that have been forwarded to the
Administrator of EPA. He pointed out that one of
the difficulties related to resolutions about public
participation is the identification of the appropriate
EPA office to address it. Each office of EPA is
required to address issues pertaining to public
participation, he said. He also announced that
OEJ, in response to a request made by the
Executive Council during the February 1998
meeting, was · developing a new database to
better track resolutions and action items
forwarded to the Administrator of EPA. The
database, he said, is intended to easily identify
the EPA office responsible for addressing the
issues raised in each resolution or action item and
to ~rack the responses received. Mr. Kn,ox
explained that the members of EPA's
Environmental Justice Executive Steering
Committee also will begin to review resolutions
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
forwarded to the EPA and will ,communicate
regularly with the DFOs of the subcommittees of
the NEJAC to follow up on those issues.
Ms. Jaramillo, expressed concern that resolutions
addressing issues related to public participation
are being referred to a single program office at
EPA She strongly urged that the Administrator of
EPA forward such resolutions to all program
offices because many of the resolutions of the
Public Participation and Accountability
Subcommittee are intended to afifect decision-
making processes throughout the agency.
Mr. Cole suggested that the action item tracking
lists should present the oldest action items to
identify those that require immediate action by the
NEJAC.
5.2 Closing Remarks of the Chair of the
NEJAC
In his closing remarks, Mr. Turrentine
commended the subcommittees for their hard
work, noting that the reports of the subcommittees
were evidence of the "incredible amount of
activity and work" that took place during the
subcommittee meetings.
Mr. Turrentine stated further that the public might
be better served during the public comment
period if the subcommittees could restructure their
meetings to work on outstanding issues that
require resolution during the morning and focus
their efforts during the afternoon on "framing the
issues" heard during the public comment periods ..
Doing so, he suggested, might reduce the amount ,
of time that it takes the NEJAC to respond to
those who offer public comments.
Mr. Turrentine stated that Mr. Lee and Mr. Donald
Elisburg, a former member of the NEJAC, had
prompted Mr. Turrentine to become a member of
the NEJAC. He pointed out that Mr. Lee had
been a "mentor and incredible source of energy."
He also acknowledged Mr. Herman for his
presence, commitment, and active participation
during deliberations of the Executive Council and
the subcommittees.
Mr. Turrentine concluded his remarks by thanking
Ms. Marva King, Ms. Linda Smith, and all other
staff of OEJ , as well as the staff of Tetra Tech EM
Inc. and the court reporter, for their efforts
throughout the meetings.
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
5.3 Next Meeting of the NEJAC
Mr. Knox announced that planning had begun for
the next meeting of the ·NEJAC which is
scheduled to be held in Baton Rouge, Louisiana
in November 1998. Exhipit 1-9 presents the
NEJAC's preferences for dates and locations of
future meetings.
Exhibit 1-9
FUTURE MEETINGS OF THE
NATIONAL ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
• November 1998 -Baton Rouge, Louisiana
• May 1999-New York or New Jersey
• December 1999 -Chattanooga, Tennessee
6.0 RESOLUTIONS
This section presents the text of each resolution ·
forwarded by the subcommittees of the NEJAC to
the Executive Council for consideration and
approval by the council.
6.1 Resolution Forwarded by the Health and
Research Subcommittee
This section presents the text of the resolution
forwarded by the Health and Research
Subcommittee to the Executive Council of the
NEJAC that was approved at the June 1998
meeting of the NEJAC.
Health and Research Resolution No. 8 on
Dioxin Pollution of the San Francisco Bay
WHEREAS: All people have the right to clean air,
water and food ;
Dioxin refers to a group of polychlorinated dioxin,
furan and biphenyl compounds which pose ·
serious threats to public health in the San
Francisco area, throughout the State and
nationwide and dioxin is one of the most toxic
synthetic org_a.nic chemicals known to science;
According to the 1994 EPA Dioxin Reassessment
Draft, the Children's Health Protection Advisory
Council recognizes the significant health concerns
to children posed by dioxin. New information and
1-21
Executive Council
peer-reviewed data indicate that children's health
may not have adequately been considered .
Children experience toxic exposure to dioxin
before birth and during breast-feeding.
EPA is proposing lowering the threshold for
reporting industrial dioxin releases in the toxic
chemical release inventory ander the Emergency
Planning and Community Right to Know Act;
A State Health Advisory has been in effect for
dioxin, PCBs and other toxins found in the San
Francisco Bay fish since 1994;
A majority of those who fish San Francisco Bay
for subsistence are people of color;
On May 31, 1998 the NEJAC site tour stopped at
a site of fishing on the Bay and found that only
one health warning sign was evident.
Effective health warnings for our communities
need to be in understandable, non-technical
language and in the languages spoken by those
exposed to the hazard or symbols for non-
readers.
Prevention of pollution discharge into storm water
runoff is part of the federal EPA's responsibilities
under the Clean Water Act which is delegated to
the State of California which retains Primacy as a
duty to protect health and environment under the
National Pollutant Discharge Elimination System
for discharge permits;
California water quality authorities have failed to
take actions under the Clean Water Act to protect
people who fish for subsistence from at least 28
sources of this on going pollution to the Bay by
controlling these discharges;
The California State Regional Water Quality
Control Board resolved in February, 1998 that
"dioxin pollution is a high priority for immediate
action to restore water quality and protect public
health ;"
On April 1 and as recently as May 27, 1998,
however, the California State and Regional water
boards have officially declined to take action
against dioxin pursuant to section 303(d) of the
Clean Water Act for at least two years, and
perhaps longer;
People of color and low to moderate income
populations are severely and disproportionately
1-22
National Environmental Justice Advisory Council
threatened by dioxin, furan an.d PCB pollution of
the Bay results in environmental injustice; and
Under the Clean Water Act, EPA is charged with
the prompt review and necessary changes to the
State's action regarding section 303( d) of the Act;
THEREFORE BE IT RESOLVED THAT:
EPA is urged to act for environmental justice and
reverse the State of California's failure to stop
ongoing dioxin pollution of San Francisco Bay by
designating dioxin, furan and PCBs pollution of
these waters as a high priority pollution problem
for immediate action under section 303(d) of the
Clean Water Act.
Specifically, the EPA is urged to ensure that this
action is taken by designating dioxin, furan and
PCBs pollution a high priority under section
303( d) of the Act for immediate development and
implementation of 'total maximum daily loads,'
'load allocations'_ and 'waste load allocations,'
which are required by this section in order to
ensure that all preventable sources of the
pollution are prevented.
The EPA should take steps to eliminate toxic
pollutant exposure through education, and
awareness that is culturally sensitive and
inclusive of all people, and that addresses
positive, hopeful solutions to pollution as well as
pollutio~ hazards.
6.2 Resolution Forwarded by the Indigenous
Peoples Subcommittee
This section presents the text of the resolution
forwarded by the Indigenous Peoples
Subcommittee to the· Executive Council of the
NEJAC that was approved at the June 1998
meeting of the NEJAC.
Indigenous Peoples Resolution No. 29 on the
San Bruno Shell Mound
WHEREAS, the Indigenous Peoples
Subcommittee of the National Environmental
Justice Advisory Council (the Subcommittee) has
heard from legal counsel for the Pajoro Valley
Ohlone Indian Council, and understands that the
San Bruno Mountain Ohlone Shell Mound (the
Shell Mound), located just south of San
Francisco, California, is a sacred and culturally
significant site to the Ohlone people; and
Oakland, California, May 31 and June 1 and 3, 1998
National Environmental Justice Advisory Council
WHEREAS, the Subcommittee understands that
the Shell Mound is an Ohlone burial site dating
back 5000 years, that the area is the site of one of
the largest and oldest Ohlone villages on San
Francisco Bay, and that it is one of the few
remaining shell mounds on the Bay; and
WHEREAS, the Subcommittee understands that
the Sterling Pacific Management Services of
Phoenix, Arizona, representatives of which were
not present when the subcommittee heard from
Ohlone representatives, has initiated procedures
under state law to obtain permits for the
construction of a large residential and commercial
development (the Terrabay Project) which, if built,
wo_uld obliterate the Shell Mound; and
WHEREAS, the Subcommittee understands that
time is of the essence in this matt.er because
· potentially irreversible decisions will soon be
made regarding the project under state law; and
WHEREAS, areas of cultural or spiritual
significance to indigenous communities, whether
on or off land within the jurisdictional control of
that community, often go to the heart of what
defines an indigenous community as culturally
and/or politically distinct; and
WHEREAS, federal environmental law recognizes
impacts to areas of cultural significance as
impacts on the human environment which require
consideration and mitigation; and
WHEREAS, the NEJAC is concerned that
disproportionately high and adverse impacts on
indigenous communities are occurring as a result
of insufficient consideration being given to cultural
and spiritual impacts on these communities; and
WHEREAS, indigenous communities rarely have
the political clout or financial resources to assure
that these issues are adequately addressed, and
therefore rely heavily upon their federal trustees
to . assist communities in identifying and
.preventing these impacts; and
Oakland, California, May 31 and June 1 and 3, 1998
Executive Council
WHEREAS, the subcommittee understands that,
in the case of the Shell Mound, no federal
consultation has occurred, and that, despite
federal funding apparently connected with the
project, no federal laws have been addressed;
and
WHEREAS, compliance with applicable federal
laws and policies, including environmental justice
executive orders and implementing documents,
would help to ensure avoidance of environmental
injustices.
NOW THEREFORE BE IT RESOLVED by the
NEJAC that EPA should work closely with the
Ohlone people to more fully understand the
cultural issues implicated by the Terrabay Project,
and to ensure that the Oh lone people are involved
in all phases of decision making regarding the
Project.
BE IT FURTHER RESOLVED by the NEJAC that
EPA should work with th~ lnteragency Working
Group on Environmental Justice, and other
appropriate federal agencies and departments,
review the environmental justice issues raised by
the Terrabay Project, as well as the applicability
of any federal statue, regulation, and executive
orders and, if appropriate, seek full and
immediate compliance with such federal statutes,
regulations and executive orders.
1-23
. MEETING SUMMARY
of the
PUBLIC COMMENT PERIODS
ofthe
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
May 31 and June 1, 1998
Oakland, California
Meeting Summary Accepted By:
Robert Knox
Acting Designated Federal Official
Haywood Turrentine
Chair ,
CHAPTER TWO
SUMMARY OF PUBLIC COMMENTS
1.0 INTRODUCTION
During its meeting at the Oakland Marriott City
Center in Oakland, California, the Executive
Council of the National Environmental Justice
Advisory Council (NEJAC) held three public
comment periods, the first on Sunday evening,
May 31, 1998 and the second and third during the
afternoon and evening of Monday, June 1, 1998.
During the three sessions, 60 individuals offered
verbal comments.
This chapter presents detailed summaries of the
testimony the Executive Council of the NEJAC
received during the public comment periods and
the comments and questions that the testimony
prompted Of\ the part of the members of the
Executive Council. Section 2.0. Public Comments
Presented on May 31, 1998, summarizes
comments offered during the public comment
period held on that date and the responses of
council members. Section 3.0, Public Comments
Presented on the afternoon of June 1, 1998,
summarizes the presentations offered and
responses expressed during that second session.
Section 4.0, Public Comments Presented on the
Evening of June 1, 1998, summarizes comments
offered during the final session.
2.0 PUBLIC COMMENTS PRESENTED
ON MAY 31, 1998
This section summarizes the comments
presented to the Executive Council during the
public comment period on May 31, 1998, as well
as the observations offered by members of the
council in response to those comments. The
section begins with a brief summary of the
opening remarks of the chair of the Executive
Council.
Mr. Haywood Turrentine, Executive Director,
Laborers Education and Training Trust Fund (an
affiliate of the Laborers International Union of
North America) and chair of the NEJAC, briefly ·
reviewed the guidelines governing the public
comment period, emphasizing in particular the
five-minute time limit on comments. He noted
that commenters would have the opportunity to
submit additional infom,ation in writing to l;>e read
into the record. The NEJAC, Mr. Turrentine
continued, respects all who come before it and
asks, in tum, that those individuals respect others
Oakland, California, May 31 and June 1, 1998
schedu_led to speak by adhering to the guidelines.
Mr. Turrentine reminded all present that the
NEJAC makes a record of all comments offered
before it and refers issues raised to the
appropriate offices of the U.S. Environmental
Protection Agency (EPA) and the appropriate
subcommittee of the NEJAC.
2.1 Michael Green, Director, Center for
Environmental Health, San Francisco,
California
Noting that there are 28 known sources of dioxin
in the San Francisco Bay area, Mr. Michael
Green, Director, Center for Environmental Health,
San Francisco, California, stated that dioxin is
entering the food chain through fish taken from
San Francisco Bay. Mr. Green stated that 75
percent of the people who consume fish taken
from the Bay are people of color. He stated
further that the responsible agencies have not
detem,ined how much dioxin is produced in the
Bay Area, "much less how much is entering the
food chain." Mr. Green singled out the medical
waste incinerator in Oakland, California operated
by Integrated Environmental Systems, Inc. (IES),
stating that the facility is the only commercial
medical waste incinerator in the state and that,
therefore, all medical waste generated in the state
that is disposed of by incineration is transferred to
the IES facility for disposal. Mr. Green then
recounted the history of citizen action taken
against the facility. In one case in which matters
related to the operations of the facility had come
before the local regional air quality management
district, he stated, two of the three hearing board
members also held positions as consultants to
subsidiaries of the corporation that owns the
incinerator. Mr. Green then pointed out that the
air quality management district had found 164
violations of regulatory requirements in the
operations of the incinerator, but had taken no
action against the facility. The local regional
water quality management district, he added, had
done nothing, as well. Mr. Green then asked that
EPA "hold the feet of regional bodies to the fire"
by ensuring that appropriate action is taken
against facilities found to be in violation of
regulatory requirements.
2-1
Public Comment Period
2.2 Manuel Leal, Farm Worker, Sanger,
California
Addressing the Executive Council as a private
citizen, Mr. Manual Leal, a farm worker from
Sanger, California, described for the council
several occasions over the years during which he
and members of his family had been exposed to
pesticides , while working in California's
agricultural industry. No protection is provided to
farm workers, Mr. Leal stated, adding that many
agricultural workers suffer financial setbacks
when, because of exposure to pesticides they fall
ill and are unable to work. -califomia's agricultural
workers, Mr. Leal . told the council, are
instrumental in bringing the state's produce to the
nation's tables and deserve to be protected from .
the dangers of exposure to pesticides. Mr. Leal
asked that EPA help secure and maintain such
protection for farm workers and their children·.
2.3 Ward Young, Bay Area Nuclear Waste
Coalition, Solinas, California
Mr. Ward Young, Bay Area Nuclear Waste
Coalition, Solinas, California, first asked that the
Executive Council recognize the presence of
members of Colorado River Native Nations
Alliance who had traveled to Oakland to attend
the meeting. Mr. Young then stated that, within
the week, the U.S. Department of the Interior
(DOI) had announced suspension of the nuclear
waste dump project proposed for Ward Valley,
California. Mr. Young explained that the
proposed facility was to be a shallow landfill,
situated, he said, above the aquifer that supplies
approximately 70 percent of California's water.
Further, he stated, the site for which the project
had been proposed is sacred land to the Indian
tribes in the area, whose members, he reminded
the council, currently were occupying that site in
protest against the project. Citing EPA's "broken
promises," Mr. Young then stated that EPA had
met with the Alliance in November 1996 and, at
that time, had promised that an environmental
assessment of the project would be conducted.
In spring 1997, -he cc;mtinued , the NEJAC had
acknowledged that environmental justice is at
issue in the Ward Valley case. In fall 1997, Mr.
Young went on, EPA also had promised to
conduct an environmental justice review of the
project. However, he declared, none of the
promised assessments have been completed to
date. Mr. Young then asked that the members of
the NEJAC go to the proposed site to
demonstrate their support for the Indian peoples
2-2
National Environmental Justice Advisory Council
currently occupying the site and "join the action
they [the occupying parties] are taking."
2.4 LaDonna Williams, Director, Midway for
Child Health and Environmental Justice,
Vallejo, California
Ms. LaDonna Williams, Director, Midway for Child
· Health and Environmental Justice, Vallejo,
California, described to the Executive Council the
ill effects on her own children, as well as other
children in the Midway community, of
contamination that she stated was the result of
· operations of a facility operated by Pacific Gas
and Electric Company (PG&E). "You read [the
children] a story and tuck them into bed; but when
you check on them later, you find blood
everywhere," she said, describing such symptoms
as nosebleeds. Those and other ailments are
common among the community's. children, she
said. PG&E, Ms. Williams continued, capped soil
contaminated with volatile organic compounds
(VOC), but the contaminants "soon bubble up
somewhere else." Ms. Williams reported that the
California Department of Toxic Substances
Control (DTSC) uses reports prepared by PG&E
to identify the chemicals present, as well as the
levels at which those chemicals have been
detected. Although the findings of both DTSC
and EPA indicated that contaminants were at
background levels, she stated, PG&E had made
settlement offers to the community. However,
she continued, no medical testing of members of
the community have been performed. The '
community is affected by exposure to 300
chemicals, she added. Ms. Williams asked what
role EPA should play in holding corporations
accountable for the contamination they cause,
specifically criticizing EPA Region 9 for inaction in
her community's case. What, she asked, can "we
as communities" do to put an end to such
problems.
Mr. Turrentine then explained that the role of the
NEJAC is to provide advice and counsel to the
Administrator of EPA. The NEJAC, he continued,
does not directly advise EPA Region 9 or any
other EPA regional office. Mr. Arthur Ray,
Maryland Department of the Environment and
chair of the Enforcement Subcommittee, added
that the NEJAC does not have the power to force
the regional Office or EPA to act. "We advise," he
emphasized.
In respose, Ms. Williams suggested that the
NEJAC make every effort to ensure that the
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
people who can take action attend its meetings.
Her community, she told the council, expects
more than a "sounding board," adding that "we've
been doing that for 19 years."
Noting that she, like Ms. Williams, is a community
leader, Ms. Rosa Hilda Ramos, Community of
Catano Against Pollution, Puerto Rico, and chair
of the Public Participation and Accountability
Subcommittee, asked that Ms. Williams submit
more information to the council in writing. Ms.
Williams stated that she already had done so,
adding that her organization also was submitting
a CD-ROM on environmental racism to the
council for its consideration.
When asked by a member of the Executive
Council what action her community wishes to be
taken, Ms. Williams responded that the ·PG&E
operation "should be shut down and the
community moved." DTSC, she continued, must
take responsibility in such cases, adding that
problems like those her community faces are
"happening all over California."
Mr. Turrentine assured Ms. Williams that the
NEJAC would consider her recommendations and
that 'she would be contacted for further
information.
2.5 Kathy Landry, Calcasieu Ladies for
Environmental Action Now (CLEAN) and
Mossville Environmental Action Now
(MEAN), Mossville, Louisiana
Noting that 50 polluting industries already are
located in the Lake Charles, Louisiana area, Ms.
Kathy Landry, Calcasieu Ladies for Environmental
Action Now (CLEAN) and Mossville
Envi~nmental Action Now (MEAN), Mossville,
• ~ouisiana, pointed out that the National Oceanic
and Atmospheric Administration (NOAA), an
· agency within the U.S. Department of Commerce
· (DOC), had identified more than 150
contaminants in the estuary in the Lake Charles
area. In particular, ethylene dichloride
contamination has been identified in the estuary,
she stated, adding that there is evidence of
contamination of the aquifer, as well. Ms. Landry
then presented to the council written background
materials discussing the proposal of the Westlake
Vinyl Corporation to build a polyvinyl chloride
(PVC) production facility in Lake Charles area.
Three chemical facilities already are located in
her community, she stated, and the Westlake
proposal would bring four more such facilities to
Oakland, California, May 31 and June 1, 1998
Public Comment Period
sites located in close proximity to the community's
elementary school. (See sections 2.9 and 2.11
for comments related to the Mossville
community.)
_Ms. Landry then described the conditions
affecting the community, including constant,
visible emissions, traffic, and odor. Members of
the community suffer from high rates of asthma,
endometriosis, and other ailments, she said,
adding that 80 percent of the children enrolled in
the community's elementary school take
medication for attention deficit disor9er. The state
police, she continued, had identified "hundreds" of
instances of spills of hazardous materials; yet, the
Louisiana Department of Environmental Quality
(DEQ) has done nothing to protect the
community. Ms. Landry then stated that her
community requests Jhat EPA conduct
independent studies to characterize the
contamination that plagues the community.
Further, she said, the community requests a
moratorium on the construction of new facilities
until such an assessment has been made. The
problems her community faces, Ms. Landry,
continued, are common to many communities.
"Industry, government, environmental groups, and
communities," she said "all must work together to
solve such problems," concluding, "We can all be
part of the solution."
Mr. Charles Lee, Director of Environmental
Justice, United Church of Christ, Commission for
Racial Justice and chair of the Waste and Facility
Siting Subcommittee, stated that he had
discussed the Westlake proposal with Ms. Landry.
He announced that the Waste and Facility Siting
Subcommittee planned to consider the issue
during its meeting on the following day, Tuesday
June 2, 1988. (See Chapter 8, Section 4.2 for a
summary of that discussion.) Mr. Lee suggested
that the subcommittee would form a work group fo
pursue the issue further. Ms. Ramos suggested
that the Agency for Toxic Substances and
Disease Registry (ATSDR) should study such
issues.
2.6 Ephraim Camacho, Center_ on Race,
Poverty & the Environment, California
Rural Legal Assistance Foundation,
Fresno, California
Stating that his organization provides legal and
technical assistance to groups fighting for
environmental justice in California's Central
Valley, Mr. Ephraim Camacho, Field Director,
2-3
Public Comment Period
Center on Race, Poverty & the Environment,
California Rural Legal Assistan9e Foundation,
stated that his work brings him into contact with ·
many communities that have been "neglected by
local, s,ate, and federal agencies." Those
communities, he said, face toxic hazards that are
being ignored. Mr. Camacho then described
conditions in Malaga, a small community in
Fresno County, California. (See also sections 2.7
and 2.8 of this chapter for additional comments
about this community.) Noting that the
community is located adjacent to the Purity Oil
Sales Superfund Site, Mr. Camacho recounted
briefly the history of the site and the company that
operated it. From the 1940s to the 1970s, he
said, Purity Oil Sales Company used the site to
process oil from nearby refineries. The operation
was closed down in the late 1970s, he continued,
and, in 1980, when the state of California found
the site to be contaminated with lead and
polychlorinated biphenyls (PCB), EPA added the
site to th_e National Priorities List (NPL) of sites
having priority for cleanup under Superfund.
Mr. Camacho then described several cleanup
efforts that EPA had conducted at the site over
the years, including the spraying of a "cement-like
substance around the edges of the site to keep
toxics from migrating farther off site." Although, in
1992, EPA selected a plan to clean up the soils
on the site, Mr. Camacho continued, the agency
later significantly scaled back that effort.
Showing a series of slides, Mr. Camacho
explained that one residential area, the Tall Pines
Trailer Court, lies immediately adjacent to the
Purity Oil site, separated from it only by a chain-
link fence. Many of the residents of the Tall Pines
community, he continued, are Mixteco,
indigenous people from the mountains of Oaxaca,
Mexico, who work primarily_ as migrants. Most
speak only their indigenous tongue, Mixtec, and
few can communicate in English or Spanish, he
added. The people of Tall Pines, Mr. Camacho
observed, "live next to a Superfund site, protected
only by EPA's chain-link fence." Further detailing
the history of EPA's actions at the site,. Mr.
Camacho then stated that, even though the
agency's own documents demonstrate that the
contaminant plume from the site had migrated
under the trailer park, the cleanup plan that EPA
proposed some seven years after adding the site
to the NPL does not include any areas outside the
site. Mr. . Camacho then described health
conditions among members of the community,
citing elevated rates of hematuria, or blood in the
2-4
National Environmental Justice Advisory Council
urine, and instances of fetal deaths documented
in the early 1980s. Residents at that time, he
continued, reported such health problems as .
"depigmentation of skin, headaches, dizziness,
difficulty in breathing, lethargy, depression, loss of
appetite, tremors and, nausea and vomiting
caused by odors." ·
Mr. Camacho then described current conditions,
including infiltration of dust from the site into the
community and evidence of surface-water runoff
from the site into the trailer park. He stated that
EPA had known for a decade that the plume
extends under the trailer park, adding that the
fence enclo~ing the site has fallen into disrepair
and no longer prevents access to the site. Mr.
Camacho stated further that residents of the
trailer park had not known until recently that the
site posed a hazard, noting that his slides showed
that no warning signs are posted at the site.
Three weeks ago, Mr. Camacho explained,
representatives of EPA had visited the site; that
event, he said, was the first time residents had
been advised of the history of the site.
Mr. Camacho stated that neither of the two
cleanup proposals set forth by EPA, both of which
involve capping rather than excavation and
removal of the hazardous substances, is
acceptable. Capping, he continued, is far less
protective than excavation and remov<;il. Further,
he said, the National Law Journal has
documented that EPA chooses, capping more
often in communities of color than in white
communities. He then reiterated his view that
EPA had failed to adequately inform residents of
the Tall Pines community about the site, pointing
out, for example, that the agency had failed to
provide appropriate translators for meetings.
Stating that the people of Malaga face daily
endangerment, Mr. Camacho asked that the
NEJAC "intervene" to bring justice to the
community and "work with us to hold EPA
accountable and to get the people of Malaga the
safe, responsible cleanup they need and
deserve."
2.7 Erasto Bautista, Resident, Tall Pines
Trailer Court, Malaga, California
Speaking through an interpreter, Mr. Erasto
Bautista, a resident of the Tall Pines Trailer Court
in Malaga, California, told the Executive Council
that many children reside in the community. The
greatest fear among members of his community,
Oakland, California, May 31 and June 1, 1998
\
National Environmental Justice Advisory Council
he stated, is that their children will become ill. He
had lived in the Tall Pines community for eight
years, he continued,-but had learned only recently
of the threat posed by the Purity Oil Superfund
site (see Section 2.6 of this chapter) Mr. Bautista
asked for the NEJAC's' help in protecting his
community and its children from that threat.
2.8 Manuel Escondido, Resident, Tall Pines
Trailer Court, Malaga
Mr. Manuel Escondido, a resident of the Tall
Pines Trailer Court, Malaga, California,
addressing the Executive Council through an
interpreter, asked that members of the NEJAC
vi$it his community to observe the conditions
under which its residents live. Although EPA
representatives had come to the community and
promises had been made, he continued, no action
had been taken to clean up the hazardous waste
site that is the cause of those conditions. Mr.
Esposito pointed out that, in nearly 20 years, the
site had not been cleaned up. Mr. Esposito told
the members of the Executive Council that his
community asks that EPA provide a timetable for
addressing contamination at the site and further
that the site be cleaned up, rather than capped.
He then asked for the NEJAC's help in securing
those actions.
2.9 Diane Prince, CLEAN and MEAN,
Mossville, Louisiana
Ms. Diane Prince, CLEAN and MEAN, Mossville,
Louisiana, an 18-year resident of that community,
spoke to the council about the effects of dioxin
emissions from a chemical . plant operated by
Vista-Condea Chemical Company on her
community. She stated that she herself has
cancer and· pointed out that cases of such
illnesses as asthma, endometriosis, and attention
deficit disorder are "rampant" in the Mossville
community. (See section 2.5 and 2.11 of this
chapter for comments related to this community.)
Ms. Prince described the conditions her
community faces, including a fiercely red flare
burning constantly; thick, black smoke; and "noise
like an airplane" in the vicinity of the plant, which,
she reported, is 50 yards from her home. She
stated that EPA has taken the position that there
is a "defect" in the equipment or operations of the
plant "the people are professionals and must
know what they are doing." She added that
instances of heavy, easily visible emissions occur
several times a month. Stating that "dioxin is
crippling and killing the people of the world," Ms.
Oakland, California, May 31 and June 1, 1998
Public Comment Period
Prince declared that the problem is "not a black
issue, but everyone's issue." Ms. Prince then
recounted as an example an incident in which
members of the community experienced such
symptoms as burning eyes. Staff of the plant had
informed her at the time that there had been a
release, she continued, but had stated that the
release was harmless. Pursuing the issue, she
said, she learned that hydrochloric acid had been
released in that instance. Further, she added,
she had learned by monitoring the plant's
newsletter that the plant continues to claim that
no release had occurred. Louisiana DEQ, she
added, had concluded that a release had
occurred. Ms. Prince then asked that the NEJAC
assist the community in pursuing an overall health
. study of Calcasieu Parish, in which the
community is located.
Ms. Ramos commented that she had seen on a
videotape the flare referred to by Ms. Prince.
Observing that such a flare indicates that the
plant is not operating properly, Ms. Ramos stated
that such conditions are a "clear violation of the
Clean Air Act (CAA)." Mr. Turrentine then advised
Ms. Prince that there would be an opportunity to
discuss the issue further with the members of the
Waste and Facility Siting Subcommittee, which
was to consider the matter.
2.10 Grace L. Hewell, West Alton Park
Neighborhood Association,
Chattanooga,Tennessee
Ms. Grace L. Hewell, West Alton Park
Neighborhood Association, Chattanooga,
Tennessee, first expressed con~em about the
participation of the U.S. Department of Energy
(DOE) on the lnteragency Working Group on
Environmental Justice (IWG), convened under the
requirements of Executive Order 12898 on
Environmental Justice. She then expressed
concern about failure to provide environmental
education to communities whose members are
victims of environmental injustice. She cited the
low _levels of literacy that plague many such
communities, stating that, in such communities in
Los Angeles, California and parts of the South, 21
percent of _the adult population is "at Level 1 of
literacy." Ms. Hewell · pointed out that limited
literacy in a population has an effect on social and
economic issues and suggested that the council
consider literacy as an issue of environmental
justice.
2-5
Public Comment Period
Mr. Turrentine asked Mr. Robert J. Knox, Acting
Director, EPA Office of Environmental Justice and ·
Acting Designated Federal Official (DFO) for the
NEJAC, to address the issue of DOE's role in the
IWG on environmental justice. Mr. Knox stated
that DOE currently was not participating in the
working group but had been asked to become
involved, noting that Vice President Gore had
issued a memorandum to federal agencies on
Earth Day to request their participation in the
working group. In response to Ms. Clydia
Cuykendall, Star Enterprise (Texaco/Saudi
Aramco) and member of the International
Subcommittee sitting on the council as proxy for
Ms. Leslie Beckhoff, Conoco/D1,1Pont and member
of the Enforcement Subcommittee, offered to
share the results of her company's work in that
area. Ms. Hewell, however, observed that such
efforts do not reach people at Level 1 of literacy.
2.11 Debra Ramirez, MEAN, Mothers of
Mossville (MOM), Lake Charles,
Louisiana
Ms. Debra Ramirez, MEAN and President,
Mothers of Mossville (MOM), Lake Charles,
Louisiana, expressed her frustration with inaction ·
on the part of the NEJAC, EPA, and Louisiana
DEQ, pointing out that this was the third year in
which she had come before the NEJAC to request
its assistance for the community of Mossville.
(See sections 2.5 and 2.9 of this chapter for
additional comments about Mossville, Louisiana.)
Ms. Ramirez stated that state and local
government agencies had failed to assist the
community because "government and industry
are in cahoots." She added that the NEJAC also
had failed to act on the community's behalf and
suggested that its members visit the community to
obse~e conditions there firsthand. Continuing,
·• 1tits. Ramirez stated. that she had demonstrated
the "haze" caused by industrial operations in the
community to members of the state legislature
who had visited the area, but that no action had
resulted. Displaying an emergency planning
brochure that had been distributed in the
community, she questioned the efficacy of the
instructions provided and the adequacy of the
evacuation route identified in the brochure. Ms.
Ramirez then quoted a 1991 letter in which a
citizen reported such problems as illness, falling
property values, and noise. Those problems
persist today, she pointed ou't, adding that local
industries' promises of employment for members
of the community had gone unfulfilled, as well.
2-6
National Environmental Justice Advisory Council
Mr. Turrentine noted that the Waste.and Facility
Siting Subcommittee planned to discuss with the
several members of the Mossville community
recommendations for the "direction to be taken
with EPA" on the matter.
2.12 Greg Karras Communities for a Better
Environment, San Francisco, California
Mr. Greg Karras, Senior Scientist, Communities
for a Better Environment, San Francisco,
California, asked that the NEJAC take action on
the issue of dioxin contamination in the San
Francisco Bay. (See sections 2.1, 2.13, and 3.9
· of this chapter for related comments.) Mr. Karras
pointed out that the Bay is the largest enclosed
estuary on the west coast of North America.
Although the Bay is not commercially fished, he
continued, thousands of individuals fish the Bay
for food. Yet, he pointed out, dioxin levels found
in the tissue of fish taken from the Bay have
prompted health warnings advising limits on
consumption of such fish. Mr. Karras stated that
government authorities allow Chevron
Corporation, IES, and "two dozen more"
companies to pollute the Bay with dioxin. State
agencies, he declared, "tell people not to eat the
fish, but don't tell polluters not to poison the fish." ;
Stating that releases of dioxin to the Bay are
violations of both the Clean Water Act (CWA) and
the Civfl Rights Act of 1964, Mr. Karras asked that
the NEJAC make a commitment _to.two specific
actions:
• Request that EPA decide within two weeks
whether to reverse decisions r:nade by state
• agencies in matters related to releases of
dioxin to San Francisco Bay
• Request'that EPA revise standards for dioxin
levels in fish tissue to a level that is protective
of people who consume large quantities of
fish -for example, to "all the fish they can
legally catch" (current standards assume a
much lower level of consumption)
Mr. Turrentine assured Mr. Karras that the
appropriate subcommittee of the N EJAC would be
identified and charged with consideration of the
issue.
2-.13 Henry Clark, West County Toxi~
Coalition, Richmond, California
Mr. Henry Clark, Director, West County Toxics
Coalition, noting that he also is a member of the
Oakland, Califo_mia, May 31 and June 1, 1998
National Environmental Justice Advisory Council
Hazardous Materials Commission of Contra
Costa County, California and other bodies
involved in environmental issues, stated that the
NEJAC, as a body of "experienced community
people," should make its recommendations with
some sense of authority. If action on such
recommendations is not forthcoming, he
continued, the NEJAC should take issue with
EPA Mr. Clark requested that the NEJAC begin
to make formal reports to the community on the
recommendations it makes and on EPA's
response to those recommendations. Noting that
his major concern is dioxin, particularly releases
from facilities operated by the Chevron
Corporation, Mr. Clark stated that companies
should be required to report emissions of dioxin to
the Toxics Release Inventory (TRI}, to which
facilities are required to report releases of
specified hazardous substances, and to limit such
em1ss1ons. The Chevron Corporation, for
example, he continued, claims that it emits only
small amounts of dioxin and denies any
responsibility to address pollution. Such
corporate irresponsibility, Mr. Clark stated, is a
major environmental justice issue of utmost
priority in communities. He then stated that he
had appeared before regional and state water
boards to request that dioxin testing be
performed, but that those bodies had refused to
take such action. Therefore, he said, he was
requesting that the NEJAC suggest to EPA that
the agency take action on complaints filed under
Title VI of the Civil Rights Act of 1964. While the
agency awaits guidelines on Title VI, projects
continue to move through the permitting process,
he pointed out. Such projects should not
progress through that process, he stated, until
Title VI issues have been addressed. Mr. Clark
then repeated his request for action on complaints
filed under Trtle VI and on issues related to dioxin
contamination. (See sections 2.1, 2.12, 3.9, and
4.9 of this chapter for related comments.)
After suggesting that Mr. Clark be invited to serve
on the NEJAC, Mr. Lee stated that, during
previous meetings, the NEJAC had discussed the
issues raised by Mr. Clark. Mr. Lee then
observed that there is a need for "ass~ssment of
the NEJAC process to determine accountability."
He suggested that the NEJAC consider
developing a formal system far addressing issues
brought to its attention. Mr. Damon P.
Whitehead, Lawyers' Committee for Civil Rights
Under Law and member of the Waste and Facility
Siting Subcommittee, then stated that it is difficult
to understand why EPA would find it necessary to
Oakland, California, May 31 and June 1, 1998
Public Comment Period
make a "decision" about enforcing the law. If
there is a violation of the CWA, he continued,
EPA should act. Ms. Vernice Miller,
Environmental Justice Initiative, Natural
Resources Defense Council and member of the
Waste and Facility Siting Subcommittee, then
stated that the political context in which such
issues arise affects their resolution. The politics
of the situation, she pointed out, determines
whether the law will be enforced and action taken.
Ms. Miller suggested that the NEJAC as a body ·
should work to develop greater sophistication in
the area of bringing influence to bear on
politicians and bureaucrats.
2.14 Dana Lanza, Literacy for Environmental
Justice Project, San Francisco,
California
The principles of environmental justice, said Ms.
Dana Lanza, Literacy for Environmental Justice
Project, San Francisco, California, call for the
education of present and future generations in a
manner that emphasizes social and
environmental issues based on .the experience
and appreciation of our diverse cultural
perspectives. Those principles, she said, are a
mandate to inform and prepare young people to
take an active interest in their environment, their
cultures, and ultimately their welfare and that of
their communities. If the environmental justice
movement is to effect change, she continued, it
must "move from a resistance mentality to one of
proaction." The movement must educate young
people .about their fundamental rights as human
beings to clean air, land, and water; clean places
to work and play; and equal opportunities in
learning and employment, she said. Because
young people spend the majority of their time in
school, Ms. Lanza went on, the environmental
justice message must be brought into that
environment. The school environment, she
noted, is an ideal place for young people to "learn
about human health, sustainable living, and civic
participation as it is related to the goals of
environmental justice." Ms. Lanza then requested
that the NEJAC undertake environmental
education as a priority and suggested that the
NEJAC's former working group on the subject be
reestablished.
Ms. Sue Briggum, WMX Technologies, Inc. and
member of the Waste and Facility Siting
Subcommittee, asked Mr. Knox whether EPA
currently sponsors educational programs that
include envirqnmental justice. Mr. Knox
2-7
Public Comment Period
mentioned a grant program under which middle
school and . high school teachers formerly had
received training, but stated that there are no
current programs of that type. He mentioned,
however, that there is much attention to
environmental justice education on the college
level.· ·
2.15 La Vonne Stone, Fort Ord Environmental
Network, Marina, California
Ms. La Venne Stone, Fort Ord Environmental
Network, Marina, California, described fbr the
Executive Councn a number of environmental
problems associated with a landfill at Fort Ord,
California, a U.S. Army installation being closed
under the U.S. Department of Defense's (DoD)
Base Realignment and Closure (BRAC) Program.
A member of the installation's restoration advisory
board (RAB), Ms. Stone stated that there are
three housing areas in the vicinity of the landfill.
Materials containing lead from spent bullets had
been removed from a now-closed landfill at the
installation, she said, and had been placed in the
new landfill. A group of homeless women
sheltered in one of the housing areas had not
been informed of the placement of those
materials, she continued. Students from a college
that uses facilities at the site also had complained
that they had not been kept informed of such
actions, she added. In addition, members of the
community who wish to use the area for
gardening cannot do so because unexploded
ordnance (UXO) has not been cleaned up, Ms.
Stone said. She added further that the threat of
contamination of the community's drinking-water
well is of great concern in the community, stating
that the community had informed EPA of those
concerns. However, she said, the community,
-populated primarily with people of color, has
difficulty obtaining reliable information about
issues related to cleanup activities at the
installation. The community, she added, is not
involved adequately, and the installation's
outreach efforts are limited, noting as well that
few people of color serve on the RAB.
When Ms. Stone added that local people are not
benefitting from jobs generated by cleanup and
transfer efforts at the installation, Mr. Turrentine
expressed a desire to discuss such employment
issues further with her.
2-8
National Environmental Justice Advisory Council
2.16 Alex Lantsberg, Southeast Alliance .for
Environmental Justice, Bayview-Hunters
Point (BVHP), San Francisco, California
Mr. Alex Lantsberg, Southeast Alliance for
Environmental Justice, Bayview-Hunters Point
(BVHP), San Francisco, California, stated that
communities' current efforts to address issues of
disproportionate burden related to the siting of
facilities, pollution, and contamination have
brought an underlying problem to light. That
problem, .he said, is that current centralized
approaches to managing the generation and
treatment of waste place undue burdens on some
communities, while relieving others of their share
of that burden. Because that problem "goes to
the heart of finding real solutions to environmental
injustice," declared Mr. Lantsberg, it must be
addressed. He cited as an example the city of
San Francisco's wastewater treatment system; his
_ community, he said , comprises only 5 percent of
the city's population, but must handle 80 percent
of its wastewater burden. Because the system is
a combined one that handles both sewage and
storrnwater, he added, overflows occur regularly.
(See also Section 4.5 of this chapter for additional
discussion of the BVHP community.) Citing the
generation of electricity as another example, Mr.
Lantsberg then stated that BVHP houses the
city's two largest point sources of pollution, the
Hunters Point and Potrero power plants. The
plants, he said, supply some 50 percent of the
city's electricity and release more than 2,000 tons
of particulate emissions into the air each year.
Mr. Lantsberg stated that the community believes
such pollution contributes to its asthma rate,
which is four times the average for the state.
Mr. Lantsberg then stated that "real solutions"
would not merely redistribute the burden, but
would seek to develop processes that reduce that
burden for all people. EPA, he said, "must do
what it can to encourage decentralized systems
that make use of society's current knowledge of
natural systems and discourage further
construction of traditional engineered solutions."
Each neighborhood, he continued, should
become responsible for dealing with its own
waste and meeting its own needs. He called for
the development of "microgeneration options
such as fuel and solar cells" that he said could be
sited more equitably than traditional facilities and
suggested further that implementation of such
options should be encouraged through
regulations or creative incentives. · The
decentralized approaches he advocates, said Mr.
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
Lantsberg, would make such goals as reduction
in consumption and recycling of waste more
attractive and would help ensure that, as today's
environment~! justice communities are cleaned
up and revitalized, no new environmental justice
communities are created. "Our mutual goal," he
concluded, "should be not just elimination of the
injustices of the past, but creati_on of models that
will truly further equity and fairness in municipal
planning decisions."
2.17 Maricela Mares, People for Clean Air and
Water, Kettleman City, California
Ms. Maricela Mares, People for Clean Air and
Water, Kettleman City, California, described for
the Executive Council her community's six-year
battle against the siting of an incinerator in the
vicinity of the community. (See section 2.18 of
this chapter for a related comment.) Ms. Mares
stated that the successful battle against
construction of the facility proposed by Chemical
Waste Management, Inc. (CWM) had been won
by the people, rather than the government. When
they began the effort, she continued, the
members of her community had encountered
discrimination, adding that their experience
demonstrates the need for such legislation as
Trtle VI. Ms. Mares then explained that, in 1994,
the community had filed a complaint under Title VI
to halt development of a municipal dump in the
area. She pointed out, however, that the issue
had not yet been resolved. EPA, she added, had
provided the community no protection and ,had
failed to meet deadlines for response to the
complaint, which she said the agency should
have provided in January 1996. "If EPA does not
start protecting people," she concluded, "it should
be abolished."
Mr. Luke Cole, Center on Race, Poverty, and the
Environment, California Rural Legal Assistance
Foundation, and member of the Enforcement
Subcommittee, commended Ms. Mares "as an
activist, a teacher, and a mother." Ms. Margaret
L. Williams, Citizens Against Toxic Exposure and
member of the Health and Research
Subcommittee, then expressed her agreement
with Ms. Mares that the people must fight for
themselves. In her own community, she said,
people had been elated to learn that they were to
be relocated because of exposure to
contaminants, but they soon found they were not
being offered fair value for their property. Ms.
Williams contrasted the relocation of her
community with that carried out in a wealthy
Oakland, California, May 31 and June 1, 1998
Public Comment Period
neighborhood, where people were treated much
more equitably.
2.18 Maricela Alatorre, El Pueblo Para El Aire
y Agua Limpio, Kettle man City,
California
Ms. Maricela Alatorre, El Pueblo Para El Aire y
Agua Limpio, Kettleman City, California, charged
that CWM illegally accepts PCBs for disposal at
its Kettleman Hills Facility, a landfill operation
located in her community. (See section 2.17 of
this chapter for a related comment.) Ms. Alatorre
stated that CWM had continued to accept such
waste after its permits to do so, issued under the
Toxic Substances Control Act (TSCA), had
expired. The Center on Race, Poverty, & the
Environment, California Rural Legal Assistance
Foundation, acting on behalf of the community,
had asked EPA to• request that CWM cease to
accept PCB waste, she continued. However, she
said, EPA had responded months later that CWM
had applied six months in advance for renewal of
the permits in question. EPA took the position,
she added, that approvals for CWM to accept the
waste remained in effect and that CWM is not in
violation of TSCA, as the community maintains.
Ms. Alatorre stated that the community believes
that CWM did not file a timely application for
permit renewal. The company, she continued,
routinely fails to do so, then requests permit
extensions, thereby stretching out the life of the
permits. The community, she noted, therefore is
left with no knowledge of or influence on such
extensions, which, she added, EPA grants
routinely. Her community, she concluded, asks
that EPA take serio,usly its commitment to
environmental justice and ensure tha_t no PCBs
are accepted at the CWM facility and further that
EPA fulfill its responsibilities under Executive
Order 12898 on Environmental Justice to ensure
that communities are not excluded from the
agency's decision-making processes. Ms.
Alatorre submitted for the record copies of
correspondence related to the issue.
2.19 Harold Logwood, Oakland/East Bay
Minority Business Opportunity
Committee, Oakland, California
Mr. Harold Logwood, Oakland/East Bay Minority
Business Opportunity Committee, Oakland
California, first welcomed the members of the
NEJAC to Oakland, characterizing it as an active
and aggressive city, and mentioned some of the
environmental education efforts underway in the
2-9
Public Comment Period
city. He then stated that he is a member of
several RABs, bodies formed at military
installations to provide citizens a means of
involvement in the cleanup of bases, particularly
those being closed under the BRAC program. Mr.
Logwood described the delay caused by
bureaucracy at local, state, and federal agencies
in cleaning up such facilities. On the various
RABs on which he serves, he pointed out, he and
other citizens attempt to represent communities,
but much time is spent in debate between federal
and state agencies. For example, Mr. Logwood
continued at one base, a disagreement between
EPA and the DoD over the applicable standards
for levels of lead contamination has delayed
cleanup. Agencies on 'all levels instead must
"work together for the benefit of our communities,"
he said in conclusion.
3.0 PUBLIC COMMENTS PRESENTED
ON THE AFTERNOON OF JUNE 1, 1998
This section summarizes the comments offered to
the Executive Council of the NEJAC during the
public comment period conducted on the
afternoon of June 1, 1998, along with the
questions, responses, and discussions those
comments prompted among the members of the
Executive Council.
Before the presentations began, Mr. Cole, at the
request of the chair, offered introductory remarks.
Mr. Cole welcomed all participants, on behalf of
himself and Mr. Arnoldo Garcia, Development
Director, Urban Habitat Program, Oakland,
California and member of the International
Subcommittee, as residents of the Bay Area. Mr.
Cole then remarked · that, among the
environmental issues that affect California, one
that often is overlooked is smog. Smog in the Los
Angeles basin and the San Joaquin Valley, he_
said, disproportionately affects people of color.
Mr. Cole identified other environmental justice
issues in California, specifically the state's three
toxic waste dumps, all located in communities
populated by migrant farm workers, and the IES
incinerator discussed during the previous day's
public comment period (see Section 2.1 and 2.12
of this chapter for a summary of the comments.)
Mr. Cole stated that 100 percent of toxic waste in
the state is dumped in communities of color and
noted that half of the pesticides used in California
are formulated in Richmond, a community of
color. Decrying the lack of enforcement in
communities of color on the part of state
agencies, Mr. Cole pointed out that during a
2-10
National Environmental Justice Advisory Council
recent study, the Los Angeles County Agriculture
Commissioner had levied more fines for violations
of regulations governing pesticides than had all
eight San Joaquin Valley commissioners together.
The state of California, he concluded, has "an
amazing array of hazards -environmental and
political -and an amazing array of activists, both
national figures and citizens of local
communities. n
Comments are summarized below in the order in
which they were offered.
3.1 Mr. Robert Kuehn, Tulane University Law
School, New Orleans, Louisiana
Mr. Robert Kuehn, Tulane University Law School,
New Orleans, Louisiana, first stated that he
teaches environmental law at Tulane and that he
is the director of the Tulane Environmental Law
Clinic. Mr. Kuehn then turned his attention to the
proposal of the Shintech Corporation to locate a
chemical facility in the vicinity of the community of
Convent, Louisiana, where the population is
comprised of 83 percent people of color. (See
sections 3.2 and 4.5 of this chapter for related
comments.) Illustrating his remarks with a series
of slides showing the high levels of toxic releases
to air in the area of Convent an9 in St. James
Parish, in which the community is located, Mr.
Kuehn emphasized that the 10 plants already
located in the area emit some 16 million pounds
of toxic chemicals per year. The Shintech facility,
he continued, would add to that total from
150,000 to 500,000 pounds per year, from a
location within two miles of schools in the
Convent area. Addressing the claim that
industries such as Shintech bring jobs to the
community, Mr. Kuehn stated that chemical plants
require skills that few members of the local
community possess. He pointed out that
Shintech had made no promises to hire local
residents and noted as well that chemical plants
historically have not hired local residents.
Louisiana, he declared, is not benefitting from
bringing in such industries. "I have no doubt'
concluded Mr. Kuehn, "that, across America,
there are other communities equally
overburdened and under served." Reminding the
members that the community had filed a
complaint under Title VI, Mr. Kuehn urged that the
NEJAC press EPA to find a violation of Title VI in
the case. -
In response to a question posed by a member of
the Executive Council, Mr. Kuehn explained that
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
the releases about which he is concerned usually
are fugitive emissions and releases from faulty
valves and other equipment, rather than stack
emissions. In Convent, he added, "in the early
morning and the evening, you can taste the
pollution as a metallic taste on the back of your
tongue." Ms. Briggum then asked whether Mr.
Kuehn had been able to obtain data other than
data from the TRI. Mr. Kuehn responded that he
could not do so; the problem, he stated, is lack of
reliable data on non-TRI emissions.
Ms. Rosa Franklin, Washington State Senate and
member of the Health and Research
Subcommittee then observed that the residents of
Convent had made a "compelling" presentation at
the December 1997 meeting of the NEJAC.
Because many lives are affected by the situation,
she said, the NEJAC must continue to pursue the
issue.
Ms. Cuykendall invited Mr. Kuehn to make his
presentation at a meeting of the Star Enterprise
plant's community advisory panel (CAP). She
noted that the 30-year-old plant, a relatively
modem facility, has been reducing emissions and
that her company has been buying land to move
people out of the vicinity of the plant. She
suggested that her company would welcome Mr.
Kuehn's advice on was to avoid the types of
conditions he had described. Mr. Kuehn agreed
to attend such a meeting.
3.2 Beverly Wright, Deep South Center for
Justice, Xavier University, New Orleans,
Louisiana
Ms. Beverly Wright, Director, Deep South Center
for Justice, Xavier University, New Orleans,
Louisiana, first responded to a report prepared by
EPA Region 6 that described the activities of that
office. The report, Ms. Wright said, "is a distortion
of the university's role" in youth employment
efforts. Although the report indicates the
university had been involved in training young
people to work on a particular cleanup project, the
university had never trained youth to work at
specific sites, she stated. Because the
community had filed suit to stop the particular
cleanup action, Ms. Wright pointed out, allowing
young people to work on the project would "pit
them against their community." Ms. Wright then
asked for a retraction of the report in question.·
Ms. Wright then explained that the Deep South
Center for Justice had been collecting data on the
Oakland, California, May 31 and June 1, 1998
Public Comment Period
Mississippi River chemical corridor for five years
and had identified a pattern of discrimination in
nine counties within the corridor. Plants, she
continued, are congregated in areas in which the
populations are predominantly black. Further,
Ms. Wright pointed out, although the population of
the community in which Shintech proposes to
locate its facility is more than 80 percent black,
official population statistics indicate that the
population there is 50 percent black and 49
percent white. Ms. Wright then reported that staff
of the center had traveled to St. James Parish to
map the population patterns and resolve such
discrepancies. Their firsthand observations, she
continued, had demonstrated overwhelmingly that
facilities that emit high levels of toxic pollutants
are located in or adjacent to black communities.
As an example, she described a sugar refinery
located in an affluent white community for which
250 pounds per year of TRI emissions were
reported, comparing that facility with six plants in
black communities that are responsible -for
millions of pounds of TRI emissions. It is a "joke,"
she stated, when EPA maintains that population
demographics do not support claims of
discrimination. "There is discrimination staring
straight in your face," she concluded. (See
sections 3.1 and 4.5 of this chapter for related
comments.)
Ms. Miller then described an occasion on which
she had served on a panel with an attor:ney for
.Louisiana DEQ. The attorney, she said, had
made statements which she knew to be untrue.
Addressing her question to both Ms. Wright and
Mr. Kuehn, Ms. Miller asked how they handle
discourse with the state under such
circumstances and how EPA can mitigate the
situation when the agency .is dealing not with the
substance of the problem, but with politics.
Describing specific incidents during their trip to
the parish in which she said the center staff were
subjected to harassment and attempts at
intimidation, Ms. Wright responded that Louisiana
DEQ had implied repeatedly that representatives
of the center were engaging in illegal activity.
Louisiana DEQ, she said, had made nq effort to
work with them. Further, she added, EPA
continues to gather data on the issue, when
existing data are convincing and all new data
confirm the center's position.
Noting that he recently had visited the Convent
area, Mr. Thomas Goldtooth, Indigenous
Environmental Network and sitting on the council
2-11
Public Comment' Period
as proxy for Mr. James Hill, Klamath Tribe, and
chair of the Indigenous People's Subcommittee,
stated that he had been appalled by citizens'
reports of the high incidence of asthma in the
population and the number of young people being
treated with steroids. "They talk about their fears
that people will die," he said, "and worry about the
future of their children." Mr. Goldtooth then
declared that the situation in Convent is a
violation of human rights by the state of
Louisiana.
3.3 Robert D. Bullard, Environmental Justice
Resource Center, Clark Atlanta University,
Atlanta, Georgia
Mr. Robert D. Bullard, Environmental Justice
Resource Center, Clark Atlanta University,
Atlanta, Georgia, observed that, despite
significant improvements in environmental
protections over the past several decades, "too
many families and children, from West Oakland to
West Harlem, from the South Bronx to North
Richmond, continue to live in unsafe and
· unhealthy physical environments." Lead
poisoning, Mr. Bullard continued, remains the
number one environmental health threat to
children. He cited statistics gathered in July 1994
for the Third National Health and Nutrition
Examination (NHANES Ill) that demonstrate that,
at every income level, African American children
suffer from lead poisoning at more than twice the
rate among caucasian children . Further, he
stated, some four to five million children under
age 18 suffer from asthma, the most common
chronic disease among children. Rates of
hospitalization and mortality attributable to
asthma, he said, exhibit wide racial differences,
with African Americans two to three times more
likely than whites to die of the illness or to be
hospitalized because of it. Mr. Bullard then
observed that pollution from heavy traffic on the
freeways that abound in urban communities of
color is a major contributor to the rising incidence
of asthma in those communities, citing ground-
level ozone pollution in Atlanta as one example.
Declaring that "the current environmental
protection apparatus is broken and needs to be
fixed," Mr. Bullard _contrasted with the
environmental justice frame~ork the current
system that, among other problems,
institutionalizes unequal enforcement, places the
burden of proof on the victims of pollution,
legitimatizes the exposure of individuals to
2-12
National Environmental Justice Advisory Council .
hazardous substances, and fails to emphasize
pollution prevention.
Mr. Bullard then described the following
characteristics of the environmental justice
framework:
• Incorporates the principle of the "right" of all
individuals to be protected from
environmental degradation
• Adopts a public health model of prevention
(elimination of the threat before harm occurs)
as the preferred strategy
• Shifts the burden of proof to polluters and
dischargers who do harm, who discriminate,
or who do not give equal protection to people
of color, low-income persons, and other
"protected" classes
• Allows disparate impact and statistical weight,
or an "effect" test, as opposed to "intent,• to
infer discrimination
• Redresses disproportionate impact through
"targeted" action and resources
Mr. Bullard then submitted several
recommendations to the Executive Council for
consideration by the NEJAC. He asked that the
NEJAC consider recommending:
• A Presidential Summit on Environmental
Justice to mark the fifth anniversary of the
signing of Executive Order 12898 on
Environmental Justice and to examine
progress under that order
• Assessment by EPA of follow-up actions,
including interagency efforts, that have been
taken to implement the recommendations
identified during the Health and Research
Symposium to Ensure Environmental Justice,
cosponsored by i:PA
• Monitoring and evaluation by EPA of
implementation of new guidance prepared by
the White House Council on Environmental
Quality (CEQ) for integrating the principles of
Executive Order 12898 into the National
Environmental Policy Act (NEPA) process for
conducting environmental impact statements
(EIS)
Oakland, California, May 31 and June 1, 1998
t
National Environmental Justice Advisory Council
• Expansion by EPA of the targeting of
resources, monitoring of activities, and
enforcement of regulations related to air
pollution, including more effective scrutiny of
road-building programs, especially in areas
identified as nonattainment regions under
NEPA
Mr. Bullard recommended further that the NEJAC
adopt a role as a vehicle for articulating
environmental and economic justice issues within
the global warming dialogue.
In conclusion, Mr. Bullard emphasized that
environmental racism and environmental injustice
"are real and must be dealt with. We have to act
now," he declared. "The solution to
environmental injustice lies in the realm of equal
protection of all individuals, groups, and
communities. That is the right and just thing to
do."
Noting Mr. Bullard's indictment of vehicular traffic
as a major source of air pollution in communities
of color, Ms. Ramos observed that Congress
recently had approved significant funding for
highway construction. The Administration, she
suggested, should demand that the U.S.
Department of Transportation (DOT) take issues
of environmental justice into account when
allocating those funds to projects. Mr. Steven A
Herman, Assistant Administrator, EPA Office of
Enforcement and Compliance Assurance,
responded that the Administration is seeking
funds for that purpose.
3.4 Danny Kennedy, Project Underground,
Berkeley, California
Mr. Danny Kennedy, Project Underground,
Berkeley, California, discussed the California
Gold Rush as an environmental justice issue,
pointing out that the events of that period had a
disproportionate and disastrous effect on Native
Americans and Chinese immigrants. Citing
Project Underground's publication Gold, Greed
and Genocide, copies of which he submitted for
the record, Mr. Kennedy stated that the legacy of
the Gold Rush is one of California's most pressing
environmental issues. Contamination from
mining operations continues to threaten the lives
of Native Americans, he said, adding that there
are no plans to clean up such problems as the
100 tons of mercury dumped in Clear Lake,
California. Mr. Kennedy asked that EPA account
for such contamination and further that EPA
Oakland, California, May 31 and June 1, 1998
Public Comment Period
consider gold mmmg a threat to Native
Americans. See Section 3.5 for an additional
comment on this topic.
3.5 Chris Peters, Seventh Generation Fund,
Arcata, California
Mr. Chris Peters, Seventh Generation Fund,
Arcata, California, reemphasized points made by
Mr. Kennedy. Mr. Peters stated that California's
plan to celebrate the Gold Rush is an insult to
indigenous peoples. He asked that the NEJAC
encourage the state of California to apologize for
the 40 years of genocide that marked the era.
The attitude established at the time, he said,
continues today and expands to timber, water,
and other resources, as well. Mr. Peters asked
that the NEJAC support his and other
organizations' efforts to "stop the celebration
mentality."
3.6 Monique Harden, Earthjustice Legal
Defense Fund, New Orleans, Louisiana
Ms. Monique Harqen, Attorney/Community
Liaison Director, Earthjustice Legal Defense
Fund, New Orleans, Louisiana, stated that she
wished to bring to the attention of the NEJAC,
information about · a federal agency judgment that
denied a hazardous facility license on grounds of
environmental justice. The decision, she said,
sets a precedent for the application of Executive
Order 12898 in decisions about granting permits ..
Reviewing the case in question, Ms. Harden
stated that, in 1989, an international consortium of
nuclear energy producers had proposed the siting
of a uranium enrichment facility in northern
Louisiana. The consortium, Louisiana Energy
Services (LE~). she continued, planned to locate
the facility, which was to store more than 100,000
tons of radioactive, toxic waste, in the vicinity of
two African American communities. Residents of
the communities formed the organization Citizens
Against Nuclear Trash (CANT) and requested the
assistance of Earthjustice in opposing the
construction of the facility. In the licensing
proceeding before the U.S. Nuclear Regulatory
Commission (NRC), said Ms. Harden, the
opponents had raised numerous challenges to the
LES application, including specific environmental
justice challenges based on racial bias evident in
the selection of the proposed site of the facility
and the need to address the significant negative
effects the proposed facility would have on
neighboring communities. · In the end, she
reported, NRC denied the license on the basis of
2-13
Public Comment Period
Executive Order 12898 and the requirements of
NEPA NRC had concluded, she explained, that
there was evidence of racial bias in the siting
decision and that "disparate" effects on the
communities involved had not be identified,
assessed, or mitigated sufficiently. Ultimately,
she continued, upon losing its appeal of the
decision, LES withdrew its application. The case,
ernphasized Ms. Harden, made NRC "the first
federal agency to uphold an environmental justice
argument against permitting a hazardous facility"
and stated further that NRC "broke new ground"
in its statement on the case, which declared it
NRC's goal to identify and adequately weigh
effects on low-income and minority communities
that become apparent only when factors particular
to those communities are considered.
Stating that such should be the goal of EPA as
well, Ms. Harden pointed out that, in contrast,
EPA had excluded considerations of
environmental justice when making its decision
on a petition under CAA to revoke permits issued
to the Shintech Corporation. Instead, she stated,
EPA had left such concerns, which had been
raised in the petition, to the state, which, she said,
"is biased'in favor of Shintech." Ms. Harden then
pointed out that one of the req1,1irements of CAA
is to "consider all the consequences" of increased
air pollution before a permit decision is made. In
the Shintech case, she continued, such ·
consequences include significant increases in
pollution and related health problems in the
community of Convent, Louisiana. The NEJAC;
she pointed out, also had adopted a resolution
that outlined the environmental justice issues that
EPA should consider in making its decision about
the permit for the proposed Shintech facility.
Instead, she said, EPA had undertaken no such
consideration, but had raised technical objections
to the permit. Given the precedent-setting
decision of the NRC, which was the result of "nine
years of courageous citizen struggle," Ms. Harden
concluded, EPA cannot "set back the clock by
excluding _ environmental justice from its
regulatory decisions."
3.7 Melanie Mitsne Okamoto, Political Ecology
Group (PEG), San Francisco, California
Stating that the focus of her organization is
immigration and the environment, Ms. Melanie
Mitsue Okamoto, Campaign Organizer, Political
Ecology Group (PEG), San Francisco, California,
told the Executive Council that immigrants are
subject disproportionately td exposure to toxic
2-14
National Environmental Justice Advisory Council
substances and unsafe conditions at home and at
school in their food. She noted that children of
color, predomilately Latino children, are subject to
the "highest levels of exposure" to methyl
bormide. Further, Ms. Okamato continued,
immigrants often are not protected adequately
and equally under the law. Finally, she stated,
immigrants are subject to threats, intimidation,
and scapegoating. If a migrant worker brings up
health concerns, she stated as a example, she
might be threatened with deportation or the loss
, of her job. Immigrants, Ms. Okamato pointed out,
often are blamed for the nation's environmental
problems, with claims put forth that immigration
causes population growth to outstrip our
resources. In recent years, Ms. Okamato
continued, "right-wing campaigns" have
attempted to reverse gains made in the areas of
human services, civil rights, environmental health,
and worker protection. Those campaigns, she
said, have brought about anti-welfare, anti-
immigrant, and anti-affirmative action legislation.
Ms. Okamoto then stated that the anti-immigrant
groups have recruited environmentalists to
support moratoria on immigration, the
strengthening of deportation efforts, the denial of
amnesty, due process for refugees, and social
services to immigrants. She mentioned
specifically the unsuccessful attempt of anti-
immigrant groups to recruit the Sierra Club to
support anti-immigrant measures, noting that the
pressure of such groups continues on that
organization.
Ms. Okamoto asked that the NEJAC take steps to
establish its formal opposition to scapegoating in
the identification and mitigation of environmental
problems that affect immigrants and that the
NEJAC voice opposition as well to the
"militarization" of the U.S. border with Mexico.
3.8 Renee Morrison, Chester Block Club
Association, Oakla,nd, California
Ms. Renee Morrison, Chester Block Club
Association, Oakland, California, stated her West
Oakland community suffers from the ill effects of
pollution originating from the DC Metals
Superfund Site, the location of a former chemical
plant that operated for some 37 years without a
permit, she said. Ms. Morrison explained further
that a freeway reconstructed after being damaged
in the earthquake of 1989 had been sited within
the area of the contaminant plume from the plant.
Construction activities, she pointed out, had
Oakland, califomia, May 31 and June 1, 1998
National Environmental Justice Advisory Council
ex·acerbated the problem. Her community, she
reported, fears that efforts to address the
contamination will be ineffective, citing a similar
case in East Oakland in which the contaminated
area was capped, but "the contamination bubbled
up anyway." Ms. Morrison. added that, although
there is a pump-and-treat system in place in the
contaminated area in West Oakland, blood levels
of lead detected in the children of the community
remain high. She then expressed the
community's apprehension about whether the
treatment in place will continue "when EPA's
money runs out in September."
Ms. Morrison then requested that the NEJAC
undertake an effort to determine what action will
be taken when that circumstance arises and
suggested further that, rather than continue with
the pump-and-treat approach, EPA "clean it all
up." Ms. Morrison also mentioned that the
California Department of Transportation
(CalTrans) plans to develop a park in the area
and stated that, because of the high levels of
contamination present at the site, such a park
would be "dapgerous."
Ms. Lillian Kawasaki, Environmental Affairs
Department, City of Los Angeles, California and
member of the Waste and Facility Siting
Subcommittee, asked why, if DC Metals had been
identified as the party responsible for the
contamination, funds for completion of the
cleanup effort would not be forthcoming. In
response, Ms. Morrison recited a complicated
history of ownership of the site, which she said
DTSC had purchased from Amo~Q Corporation.
The site, she added, purportedly had operated in
recent years as a recycling center, but, she
declared, in reality it was being used to dismantle
junked vehicles. Those who conducted that
• ~pera'ton, Ms. Morrison suggested, should be
held responsible.
When Ms. Kawasaki suggested that the matter be
referred to the appropriate subcommittee of the
NEJAC, Mr. Turrentine agreed that such action
would be taken. He then assured Ms. Morrison
that the subcommittee would be in contact with
her to explore the issue further.
3.9 Bradley Angel, GreenAction, San
Francisco, California
Mr. Bradley Angel, GreenAction, San Francisco,
California, charged that state agencies ·· in
California are "in bed with the polluters." Further,
Oakland, California, May 31 and June 1, 1998
Public Comment Period
despite clear evidence of patterns of
discrimination, he continued, EPA ·has failed to
enforce the provisions of Title VI. Enumerating
several examples, Mr. Angel stated that all three
of the state's toxic waste dumps are located in
communities of Spanish-speaking residents and
that the state's only medical waste incinerator is
located in a community of color, as well. Those
cases, he said, are clear violations of Title VI.
State agencies routinely fail to hold public
hearings in such cases, he added. In the case of
the incinerator, Mr. Angel continued, two of the
. three hearing officers making the decision about
the permit were "on the · payroll of the parent
company of the incinerator operator." Further, Mr.
Angel stated, in the case of the nuclear waste
dump proposed for lands in Ward Valley,
California that are sacred to Native Americans,
neither EPA nor other responsible agencies had
taken action on the basis of Title VI. Although the
NEJAC had recognized the opposition of the
Colorado River Native Nations Alliance to the
Ward Valley proposal, no action had been taken,
he said. In response to that circumstance, Mr.
Angel continued, the elders of the tribes opposed
to the project are occupying the area and have
halted the project. In conclusion, Mr. Angel asked
that the NEJAC urge EPA to "uphold federal civil
rights laws." (See sections 2.1, 2.3, 2.12, 2.13,
3.17, 3.18, 3.19, and 4.19 of this chapter for
related comments.)
Ms. Ramos expressed her astonishment that
California agencies refuse to hold public hearings.
Communities, she pointed out, should be involved
throughout the permitting process, starting from
the scoping stage.
3.10 Donald R. Brown, Communities for a
Better Environment, San Francisco,
California
First reviewing his years of experience as an
activist in the civil rights movement, Mr. Donald R.
Brown, Executive Director, Communities for a
Better Environment, San Francisco, California,
described for the Executive Council his view of
the need for a nationwide and global
environmental justice network. America, he said,
is and will continue to be a land of diversity. We
. should build on that diversity, he added, because
"we are here for · humankind." _The planet is
devastated, said Mr. Brown; consequently the
people of the world must "build a bridge and an
alliance" to struggle to create a global
enyironmental network, he continued. As an
2-15
Public Comment Period
example of that need, Mr. Brown described a
case in which Unocal Corporation "made a deal"
with the current dictatorship of Burma (now known
as Myanmar). The corporation therefore lent its
support to the dictatorship, he said. To counter
such cases, concluded Mr. Brown, those involved
in the environmental justice movement should
"look at the positive things we can do together."
3.11 Deborah Robinson, Executive Director,
International Possibilities Unlimited,
Washington, D.C.
Ms. Deborah Robinson, Executive Director,
International Possibilities Unlimited (IPU),
Washington, D.C., stated that her organization is
dedicated to working with African Americans to
develop a critical perspective on international
issues and to understand the link between local
problems and global processes. IPU's first
project, she continued, is African Americans for
Justice in Nigeria. Among the focuses of that
project, she said, are the environmental
devastation in Nigeria and the links between that
, issue and environmental justice in this country.
Some of the same corporations are involved in
both countries, she pointed out. Stating that there
is a direct relationship between the increasing
globalization of the economy and environmental
degradation worldwide, Ms. Robinson pointed out
that, in many places in the world where people of
color, poor people, or indigenous peoples live oil,
minerals, and timber are extracted or harvested in
ways that devastate ecosystems and destroy the
cultures and livelihoods of the people. Waste
from both high-and low-technology industries,
much of it toxic, has polluted groundwater, soil,
and the atmosphere, she added.
Ms. Robinson then described the environmental
effects of the operations of Nigeria's petroleum
industry, which produces the country's single
export commodity. For example, she said, the
Niger Delta, home to many of the country's
minority groups, is considered one of the most
endangered habitats in the world because of the
petroleum· operations carried out there. She
described numerous cases of oil spills and
dumping of oil and discussed the environmental
and health threats posed by the gas flares that
are a routine part of the industry's operations.
The environmental justice movement that arose
in response to such pollution , she continued, was
repressed violently by the regime in power. Ms.
Robinson then stated that such corporations as
Shell Oil Company, Chevron ~orporation, and
2-16
National Environmental Justice Advisory Council
Mobil Corporation conduct their operations in the
United States with similar disregard for the
environment and human health, citing numerous
, . examples of operations of those corporations that
have contaminated the communities of people of
color throughout the nation. Members of the
NEJAC had visited Chevron sites in the Oakland
area, she pointed out, during the site tour of
environmental justice sites conducted as part of
the current meeting of the NEJAC. Ms. Robinson
concluded her presentation by reporting that the
Healthy and Sustainable Communities
Conference, sponsored by the Environmental
Justice . Resource Center and held in Atlanta,
Georgia in March 1997, had adopted a series of
recommendations related to the environmental
devastation affecting Nigeria's minority
populations. Ms. Robinson then asked that the
NEJAC:
• Determine in what countries of Africa other
than South Africa that EPA's Office of
International Activities (OIA) conducts
programs and what percentage of OIA's
international programs and resources are
directed to programs in Africa
• Discuss in the International Subcommittee the
issue of Nigeria, make appropriate
recommendations to OIA related to
environmental justice in Nigeria, . and
generally expand the work of the
subcommittee work in Africa
3.12 Peggy Saika, Asian
Environmental Network,
California
Pacific
Oakland,
After expressing her thanks as a member of the
local community to all who had participated in the
NEJAC's site tour of local environmental justice
sites, Ms. Peggy Saika, Asian Pacific
Environmental Network, Oakland, California,
. reminded the members of the Executive Council
' of the purpose of such tours. The experience,
she said, establishes the context for the public
comment period. Leadership and involvement on
the part of members of the local community are
keys to the success of such an effort, she said.
Citing the comments offered earlier by Mr.
Bullard, Ms. Saika then stated that there should
be no debate about environmental racism. It is
time to take action, she said. Every issue that
arises should be followed up, she continued.
Noting that Executive Order 12898 was meant to
"open up" all federal agencies and programs, Ms.
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
Saika called for an examination of the barriers to
community involvement that persist. Other
agencies should make forums like the NEJAC
available to the public, she suggested,
characterizing her vision. as that of a
"collaboration for progress." Ms. Saika then
expressed her gratification at the NEJAC's
presence in the Bay Area. "In its beauty, in its
diversity," she concluded, "we create a model for
moving forward together."
3.13 Vincent Feliz, Seventh Generation Fund,
Arcata, California ·
Mr. Vincent Feliz, Special Projects Coordinator,
Seventh Generation Fund, Arcata, California,
addressed the issue of sacred sites. To
indigenous peoples, he said, such sites, which
have been part of those peoples' spiritual life for
thousands of years, have the same spiritual value
that churches have for other people. "Native
people are in the back," he stated, "our issues are
not being heard." Mr. Feliz cited several cases in
California in which, he said, the Catholic Church
is building on sacred sites of indigenous peoples.
Further, he cautioned, mountain bikers and skiers
must become aware of sacred sites and avoid
them. Logging, oil production operations, and
mining also threaten the sacred sites of
indigenous peoples, Mr. Feliz stated, requesting
that heedless recreational development and
harvesting of resources cease. Mr. Feliz noted
'that the National Register of Historic Places is the
only recourse available in the battle to preserve
sacred sites, but "does not provide sufficient
protection," adding that the Executive order on
Indian sacred lands bill "has no bite."
3.14 Mike Gardner, People of Lake Davis,
Restore Lake Davis Committee,
Graeagle, California
Mr. Mike Gardner, People of Lake Davis, Restore
Lake Davis Committee, Graeagle, California,
stated his opposition to the poisoning of Lake
Davis, California by the California Department of
Fish and Game in an effort to eradicate nonnative
species of fish from the lake's waters. Mr.
Gardner described an incident that occurred in
October 1997 in which personnel of the state fish
and game department arrived at the lake "with
armed highway patrolmen." Officers blockaded
roads, he reported, while the fish and game staff
introduced the poison into the lake.
Oakland, California, May 31 and June 1, 1998
Public Comment Period
Mr. Gardner remarked that he was the only
member of his community who had come to
address.the NEJAC because, he said, "the others
have given up." "I have done all that I know how,"
he said, asking the NEJAC for advice and
direction in continuing the battle to right "this
incredible injustice."
In response to Mr. Turrentine's question, Mr.
Gardner indicated that he wquld be available for
further consultation with a subcommittee. He·
then was invited to raise the issue during the
public dialogue period to be conducted June 2,
1998 by the Health and Research Subcommittee.
3.15 Floyd Buckskin, Pit River Tribe, Native
Coalition for Medicine Lake Highlands
Defense, California
Noting that he had raised the issue during the
December 1997 meeting of the NEJAC, Mr. Floyd
Buckskin, . Chairperson and Cultural
Spokesperson for the Pit River Tribe, Native
Coalition for Medicine Lake Highlands Defense,
California, stated that there had been no
resolution of the issues related to the
development of geothermal power production in
the Medicine Lake Highlands area since he last
had addressed the NEJAC. A number of actions
and events had occurred, he stated, that have
given rise to additional concerns and prompted
him to come once again before the council. The
proposed power plants, Mr. Buckskin continued,
would have "a huge effect" on now-pristine lands
that are sacred areas to the tribes that live in their
vicinity. Mr. Buckskin pointed out that the draft
· EIS prepared by the U.S. Forest Service (USFS),
U.S. Department of Agriculture (USDA) and the
Bureau of Land Management (BLM), DOI, for two
of the four plants proposed, the Thunder Hill and
Fourrnile Hill projects, do not address cumulative
effects of the projects. USFS and BLM,·he stated,
had failed to do so, despite EPA's request that the
agencies prepare a single EIS for the four
projects that considers cumulative effects. Mr.
Buckskin characterized the actions of USFS and
the BLM as "insensitive to Native American
· religions and dismissive of them."
Mr. Buckskin stated further that the tribes affected
continue to oppose the geothermal projects,
adding that the sacred lands soon were to be
considered for inclusion on the National Register
of Historic Places. Continuing, Mr. Buckskin
stated that no ethnographic study had been
included in the EISs and that neither the potential
2-17
Public Comment Period
effects of the projects on groundwater nor those
on surface water had been considered. He then
stated that the labeling of such projects as "green
energy" projects is "outrageous" because the
projects "would destroy a beautiful and sacred
natural area.· Mr. Buckskin then asked that the
NEJAC recommend that EPA deyelop criteria for
the designation of a technology as a "green
energy" approach. He submitted a proposed
resolution to that effect that his organization had
prepared for the consideration of the NEJAC.
3. ~ 6 Michelle Berditschevsky, Native
Coalition for Mount Shasta, California
Ms. Michelle Berditschevsky, Native Coalition for
Mount Shasta, California, first reminded the
members of the Executive Council that she had
addressed them during their meeting in
December 1997. Pointing out that Mount Shasta,
California is a sacred site to Native Americans,
she then stated that such sacred sites had been
"impinged upon" disproportionately for at· l_east
150 years. The remaining sites, she declared,
must be protected because they are essential to
the cultural survival of native peoples and "of all
of us.• In response to the resolution adopted by
the NEJAC during its December 1997 meeting,
she reported, USFS will recommend revocation of
the permit issued for development of a ski resort •
on Mount Shasta. The mountain once had been
listed on the National Register of Historic Places,
Ms. Berditschevsky continued, but much of the
mountain had been removed from the register to
accommodate the proposed ski resort. Today,
she stated, only the portion of the mountain above
the tree line and one sacred site are registered.
She asked ttiat USFS be encouraged to develop
a cultural management plan for Mount Shasta so
that ipe elders and people of Native American
·• 'tribes need not "prove its status over and over
again and so that the sacred relationship with
Mother Earth may be preserved."
Mr. Goldtooth invited Mr. Buckskin and Ms.
Berditschevsky to make a presentation during the
public dialogue period to be conducted by the
Indigenous Peoples Subcommittee on the
following day. The subcommittee, he stated,
would hold further discussion of the issues they
had raised.
2-18
National Environmental Justice Advisory Council
3.17 Sonia Chavez, Colorado River Indian
Tribes (C.R.I.T.) Tribal Council, Parker,
· Arizona
Stating that it was "heartening" to her to hear
people _ present their problems to the Executive
Council, · Ms. Sonia Chavez, Colorado River
Indian Tribes (C.R.I.T.) Tribal Council, Parker,
Arizona, first suggested that all present offer to
those opposing the fish kills at Lake George,
California described by an earlier commenter "the
same support we have gotten here:" Turning her
attention to the.Ward Valley case, she then stated
that the alliance of CRIT had "stood firm and
taken over the grounds" at the site. She stated
that the tribes continue to negotiate with the
United States government, with the understanding
that there will be no desecration of sacred ground.
The tribes, she continued, "demand the
[recognition of the] government-to-government
and nation-to-nation" status that all other
sovereign nations enjoy. Ms. Chavez then asked
that EPA issue a statement calling upon DOI and
the Clinton administration to cancel plans to
establish a nuclear waste dump at the Ward
Valley site. She then added: "We ask that people
of all races and colors of the United States of
America join the tribes in body and spirit on June
16, 1998 at Ward Valley to celebrate the greatest
and longest Native American occupation." (See
sections 2.3, 3.18, and 3.19 of this chapter for
related comments.)
3.18 David Harper, C.R.I.T. Mohave Elders,
Parker, Arizona
Identifying himself as one of the people involved
in_ the occupation by Native Americans of the
Ward Valley site (discussed in sections 2.3, 3.17,
and 3.19 of this chapter), Mr. David Harper,
C.R.l.T. ·Mohave Elders, stated that he had been
accompanied to the meeting by several other
tribal elders who were maintaining the occupation.
He then introduced the elders and praised their
capacity to "withstand natural elements and defy
the forces of the government." Mr. Harper then
stated his belief that they already had won their
case. The tribes opposing the siting of a nuclear
waste dump at Ward Valley, he said, should be
recognized as sovereign aboriginal people with
specific rights. Mr. Harper then asked that the
NEJAC recommend that EPA and the Clinton
administration act to bring the impasse to an end.
"Don't just read about the case,"' he urged the
council in conclusion, "come out on June 16 and
participate in the celebration of the occupation."
Oakland, California, May 31 and June 1, 1998
. I
National Environmental Justice Advisory Council
Ms. Miller then observed that DOI and DOE are
making many decisions that have implications
that affect issues of environmental justice, yet
they do not interact with bodies formed to
consider environmental justice. · Ms. Miller
suggested that both DOI and DOE be encouraged
to participate in the environmental justice process.
The NEJAC, she stated, can do littie when -it has
no authority over them, observing further that the
NEJAC needs an effective means of influencing
decision making at DOI and DOE. Mr. Lee then
commented that, a year earlier, members of the
NEJAC had met with the Administrator of EPA to
discuss the involvement of other agencies with
the NEJAC. Circumstances had improved, he
said, but there remains a need to enlist the
support of "the right people."
3.19 Wally Antone, Spiritual Leader for Ward
Valley, Colorado River Native Nations
Alliance
. Mr. Wally Antone, Spiritual Leader for Ward
Valley, Colorado River Native Nations Alliance,
reported to the Executive Council that a sacred
fire had been burning at the site of the Ward
Valley occupation since before the takeover
occurred. The action, he explained, had been a
spiritual takeover, free of alcohol, drugs, and ·
firearms. He commended the "environmentalists"
who had joined the tribes' cause. Mr. Antone then
stated that "Native Americans are conducting the
occupation for a just cause, for all mankind to
survive, not just Native Americans on the
Colorado River."
When Mr. Goldtooth asked whether EPA Region _
9 had first allocated and then withdrawn funds for
an environmental justice analysis of the Ward
Valley project, Mr. William M. Chin, Environmental
Justice Coordinator, EPA Region 9, explained
that the region had been seeking funding for such
a study, but that negotiations had reached a
stalemate. Mr. Harper, who, also had provided
comment about Ward Valley (see sections 2.3,
3.17, and 3.18 of this chapter for related
comments) then. stated that the federal
government had determined that the occupiers
were not in compliance with federal law and that
therefore no funds would be provided for the
studies. The tribes remained disadvantaged,
lacking scientific support, technology, and
resources, he continued, but would continue to
work for a resolution of the matter.
Oakland, California, May 31 and June 1, 1998
Public Comment Period
3.20 Seth Lubega, Oakwood College,
Huntsville, Alabama
Mr. Seth Lubega, Oakwood College, Huntsville,
Alabama, told the members of the Executive
Council that he had worked for several years with
the residents of a community of color in Triana,
Alabama, who, he said, "continue to suffer from
the dumping of dichlorodiphynyltrichloroethane
(DDT) in their creek." Mr. Lubega stated that he
had attended a recent symposium during which a
paper had been presented on a study by Mr. Mark
Atlas of Carnegie Mellon University. The paper
reported, Mr. Lubega continued, that the study,
using EPA data, had found that the siting of
hazardous waste treatment, storage, and disposal
facilities does not present disproportionately high
risk to disadvantaged communities. Mr. Lub~ga
stated that, at the symposium, he had pointed out
that conclusion is •~ontrary to the realities with
which we are confronted in our communities." Mr.
Lubega then reported that Mr. Atlas had agreed to
provide the data from his study to anyone
requesting them. He called upon "the experts in
the environmental justice movement" to obtain
and examine those data to assess their validity.
Mr. Turrentine assured Mr. Lubega that the
Executive Council would contact him about the
issue and adjourned the public comment period
for a meal break.
4.0 PUBLIC COMMENT PRESENTED
THE EVENING OF JUNE 1, 1998
When the session reconvened after an hour, Mr.
Turrentine commented that such an extension of
the public comment period was "an unusual
situation" for the NEJAC. He observed that the
extended session had been "spurred by the
outstanding work of community groups in the Bay
Area." Reminding commenters to adhere to the ·
five-minute time limit on presentations, Mr.
Turrentine then continued to recognize individuals
wishing to address the council.
4.1 Yin Ling Leung, Asians and Pacific
. Islanders for Reproductive Health,
Oakland/Long Beach, California
Ms. Yin Ling Leung, Asians and Pacific Islanders
for Reproductive Health, Oakland/Long Beach,
California, explained to the Executive Council that
she wished to discuss interagency cooperation
and the benefits such efforts can have for the
Asian and Pacific Islander communities and, in
2-19
Public Comment Period
particular, for women of color. Many immigrant
women,· she stated , work in the garment and
electronics industries. Such employment, she
said, is a major cause of exposure to
environmental health hazards for Asians and
Pacific Islanders. As an example, she stated that,
in the electronics industry, workers risk exposure
to glycol ethers, which are known to cause
miscarriages. Coordination between the
Occupational Safety and Health Administration
(OSHA) and EPA, she continued, as well as
coordination with women's health departments, is
essential in successfully addressing such issues.
Ms. Leung then stated that a recent report of the
National Cancer Institute had indicated that,
between 1973 and 1995, the incidence of cancer
and mortality rates from cancer had declined for
all groups except Asian and Pacific Islander
women. Yet, she pointed out, those rates are not
as high in those women's places of origin as they
are in the United States, indicating, she said , that
"something here in the environment" keeps those
rates high. Because advocates for women's
health do not have sufficient data to support their
claims, she added, the interagency coordination
she was calling for is vital.
Mr. Turrentine ass.ured Ms. Leung that the matter
would be referred to the appropriate
subcommittee of the NEJAC for further
consideration. Mr. Lee then commented that
some 65 recommendations had been develpped
during the lnteragency Symposium on Health
Research and Needs to Ensure Environmental
Justice, held in February 1994. All those
recommendations, he observed, concerned the
same issue Ms. Leung had raised. Mr. Lee then
endorsed Ms. Leung's call for coordination among
the myriad agencies involved in the health and
human services areas.
4.2 Robin Cannon, · Concerned Citizens of
South Central Los Angeles, Los Angeles,
California
Ms. Robin Cannon, Concerned Citizens of South
Central Los Angeles, Los Angeles, California,
began her presentation with a description of her
neighborhood, which she said borders the largest
industrial area in the country, the Alameda
Corridor. Traditionally, land use in her
community, she continued, has been
"unchecked." As a result, she explained, there is
much mixed industrial and residential land use in
the community. For example, she said, it is not
uncommon to see an "oil processing company
2-20
National Environmental Justice Advi$ory Council
located in a residential neighborhood or a
chrome-plating facility across the street from a
school." Further, she added, several rail lines and
three freeways run through the neighborhood.
Therefore, she said, the community is heavily
affected by numerous sources of pollution. Ms.
Cannon then stated that the community's
immediate concern is a school located on
property that is contaminated with hexavalent
chromium. She then recounted the history of the
siting and construction of the school, noting that
the school had opened in June 1997, even though
the site had not been cleaned up. During the
period between their learning of the
contamination and the opening of the school, Ms.
Cannon said, member!? of the community had
organized and initiated discussions ,with the
California DTSC and other agencies;
nevertheless, she continued, the community was
not notified that the school was scheduled to
open. Noting a need for "greater dialogue," Ms.
Cannon stated that her community would like to
work with DTSC to develop a remediation plan for
the school site. She asked that the NEJAC
encourage DTSC to engage in an effective,
cooperative effort to involve the community in,
decisions about when, how, and by whom the
cleanup will be accomplished and in determining
how children currently enrolled in the school will
be protected from exposure to the contaminants.
When Mr. Cole observed that Ms. Cannon's
remarks about DTSC reflected the views of many
individuals, Ms. Cannon advised him that the
state of California had submitted objections to the
Title VI guidelines currently under preparation by
EPA. In response to a question from Ms.
Franklin, Ms. Cannon explained that some soil
testing had been performed at the site and the
contamination identified had been cleaned up.
However, she continued, more extensive
contamination had been discovered when
additional testing was performed after the school
had been built.
Mr. Whitehead then suggested that it might be
wise to involve state agencies in planning for
NEJAC meetings. Some elements of the
planning process, he observed, are appropriate
for such involvement. When Mr. Knox noted that
such an effort is rhade through the Enforcement
Roundtable meetings sponsored by EPA, Mr.
Whitehead stated that state agencies remain "a
missing element" in NEJAC meetings. Mr. Ray
then added that Ms. Cannon had asked "simply
that the community be involved early enough to
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
be effective." If states-would do so, he
suggested, they would not find it necessary to
deal with Title VI issues, since "mechanisms for
true involvement" would prevent the occurrence
of such problems.
4.3 Laura Caballero-Conte, Farm Workers
Women's Leadership Network, San Jose,
California
Stating that she had been an undocumented
worker for 14 years before becoming an United
States citizen, Ms. Laura Caballero-Conle, Farm
Workers Women's Leadership Network, San
Jose, California, stated that her organization had
been formed five years previously and currently
included 15 committees in the state of California.
She then expressed frustration because, although
much had been said during the meeting about
communities of color and low-income
communities, there had been little discussion of
issues of concern to farm workers. (See section
2.2 of this chapter for a related comment.) She
noted that farm workers and their children include
both immigrants and those born in the United
States, adding that, although there are many state
and federal laws that are intended to provide
protection to farm workers, such laws are
"violated constantly." For example, every day,
farm workers are sprayed with pesticides, she
said. She pointed to contamination in the San
Joaquin Valley as an example of the hazardous
conditions farm workers face. In a recent
incident, she continued, 50 workers were
sprayed, with 9 of those workers requiring
hospitalization. Ms. Caballero-Conle added other
examples of conditions under which' the use of
pesticides directly threatens the health of farm
workers. She criticized specifically extensions
granted in both the United States and Mexico of
deadlines for the banning of methyl bromide. Ms.
Caballero-Conle told the council that "farm
workers come before bureaucrats, because they
provide the food you eat."
Elaborating on Ms. Caballero-Conle's reference to
"bureaucrats," Ms. Ramos explained that growers
routinely apply pesticides on the weekends, when
they can violate regulations without risking that
their actions will be reported.
Mr. Baldemar Velasquez, Farm Labor Organizing
Committee, American Federation of Labor (AFL)/
Congress of Industrial Organizations (CIO) and
chair of the International Subcommittee, then
reminded the council that the NEJAC's
Oakland, California, May 31 and June 1, 1998
Public Comment Period
Enforcement Subcommittee had made several
pertinent recommendations, including one urging
for tightening of the requirements governing the
training of workers in the safe use of pesticides.
Currently, he noted, growers are permitted to
provide such training. Mr. Velasquez then cited a
case in North Carolina in which, he said, the
death of a worker poisoned in the tobacco fields
had been covered up. Such cases, he said,
reflect a callous attitude toward farm workers that
extends "from California to the East Coast, from
Canada to Mexico." The problems of farm
workers are neglected, said Mr. Velasquez,
declaring that the NEJAC must take action.
Ms. Lucila Rosas, Organizaci6n en California de
Lideras Campesinas, who had served as
interpreter for Ms. Caballero-Conle, then
explained that the women's organization is
involved in grassroots training. During those
activities, she said, the trainers always ask
workers whether they have received the required
training; "they never have," she said. Ms. Rosas
explained further that, because growers use
subcontractors that supply labor, there are many
levels of responsibility and much "buck-passing"
takes place. She stated further that "it doesn't
matter how many laws there are if they are not
enforced."
Citing jurisdictional conflicts between EPA and
USDA, Mr. Gerald Torres, University of Texas
Law School and member of the Enforcement
Subcommittee, stated that the NEJAC should
support EPA's effort to retain jurisdiction over the •
regulation of pesticides.
4.4 Nikki Bas, Sweatshop Watch, Oakland,
California
Ms. Nikki Bas, Sweatshop Watch, Oakland,
California, described her organization as a
coalition of labor, community, civil rights,
immigrant rights, and women's organizations
committed to eliminating the exploitation that
takes place in sweatshops, adding that the
organization focuses on abuses in the garment
industry. She defined a sweatshop as a
workplace where workers are subject to extreme
exploitation, including low wages and lack of
benefits, poor working conditions, and arbitrary
discipline. Her organization, Ms. Bas stated,
believes that human and civil rights are being
violated in sweatshops. The overwhelming
majority of garment workers in the United States,
she continued , are immigrant women from Asian
2-21
Public Comment Period ·
and Latin American countries. In' the garment
industry, they work six days a week, 10 to 12
hours a day, often at less than minimum wage
and without overtime pay, she said. Ms. Bas then
cited a recent U.S. Department of Labor (DOL)
survey of the garment industry in Los Angeles,
California. The survey, she said, revealed that
more than 60 percent of surveyed shops violate
labor laws. That finding, she said, "demonstrates
the failure of state and federal labor programs."
Ms. Bas stated further that many garment workers
labor in dangerous conditions, noting that another
recent survey had found such violations of safety
and health regulations as blocked exits, exposed
electrical parts that could start a fire or cause an
electrocution, and the lack of safety guards on
sewing and cutting equipment. She added that
garment workers, much like farm workers,
commonly face verbal and physical abuse and
are intimidated from speaking out, since they fear
job loss or deportation. Such conditions, she
continued, prevent the communities of color from
living lives in dignity and free from poverty; these
conditions constitute an environmental injustice,
she declared.
Ms. Bas then stated that her organization asks the
assistance of the NEJAC in eliminating
sweatshop abuses. Specifically, she cited a need
for legislation that makes retailers and
manufacturers liable for wage and hour violations
committed by the shops in which their products
are sewn, protects workers from deportation and
retaliation for protest actions, and requires full
public disclosure of sweatshop conditions that will
· make consumers aware of cases in which
retailers and manufacturers tolerate violations.
OSHA and DOL, she said in conclusion, must
address the "disproportionate burden placed on
low-wage immigrant workers. who labor in
dangerous conditions."
4.5 Richard Burton, St. James Citizens for
Jobs and the Environment,-Convent,
Louisiana
Addressing the controversy over the chemical
· facility Shintech Corporation has proposed to
build in his community, Mr. Richard Burton, St.
James Citizens for Jobs and the Environment,
Convent, Louisiana, stated to the Executive
Council that, through his experience in dealing
with EPA and the Louisiana DEQ, he had come to
believe that "numbers don't mean ~mything." "If
100 or more people come to a meeting and say 'I
don't want the plant,'" he explained, "but two say
2-22
National Environmental Justice Advisory Council
'I do,' the 100 are disregarded." At every public
meeting related to the proposal, he said, a large
number of citizens express opposition to it; yet,
their voice has been ignored in the permitting
process. Further, because St. James Parish has
the highest unemployment rate in the state, Mr.·
Burton observed, people who oppose the
Shintech proposal will not speak out, for fear of
losing their jobs. He charged further that the site
on which Shintech proposes to build already is
contaminated and that the contamination has
been the subject of a "covei-up" by Shintech and
the Louisiana DEQ. Mr. Burton then suggested
that individuals concerned about the case write to
the President and Vice President about the issue.
Continuing, he stated that Shintech has proposed
to build one of the largest chemical production
facilities in the United States, as well as a
hazardous waste incinerator, in an area in which
13 plants already are located. The citizens of the
community, he repeated, oppose the proposal,
but the Louisiana DEQ has ignored their wishes.
Mr. Burton added that some members of the
NEJAC had visited the area and observed
conditions there firsthand. He then asked for the
NEJAC's help in ensuring that the community's
wishes be considered. (See sections 3.1 and 3.2
of this chapter for related comments.)
Mr. Cole then commented that, at an earlier
meeting, members of the NEJAC had discussed
allegations of groundwater contamination at the
proposed Shintech site, as well as allegations of
a coverup in the matter. He stated that the
Ad!llinistrator of EPA had requested that EPA
Region 6 investigate the issue and was awaitin,g
a response to that request. Mr. Cole assured Mr.
Burton that he would be kept informed of
developments in the case.
Ms. Ramos then · suggested that a criminal
investigation might be appropriate if the
allegations made are accurate. Ms. Briggum
added her observation that a number of the
comments submitted to the NEJAC on the
Shintech issue had emphasized the need for
effective public participation in the permitting
process. She suggested the need for a general
recommendation on the issue. In response to Ms.
Briggum's observation, Mr. Turrentine suggested
that the Public Participation and Accountability
Subcommittee of the NEJAC take the issue under
consideration.
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advi$O,Y Council
4.6 Geri Almanza, People Organizing to
Demand Envir:onmental Rights (PODER),
San Francisco, California and Southwest
Network for Environmental and Economic
Justice, Albuquerque, New Mexico ,
Ms. Geri Almanza, People Organizing to Demand
Environmental Rights (PODER) and Southwest
Network for Environmental and Economic Justice,
Albuquerque, New Mexico, expressed her
organization's concerns about current attacks on
EPA's efforts to implement a policy on Title VI. In
the current political climate, she said, laws
designed to protect the rights of communities of
color are increasingly under attack, particularly,
she pointed out, in the state of California. The
attacks, she continued , are "another example of
how a fundamental civil rights law that exists to
protect our communities is being threatened."
Ms. Almanza then stated that the hostile position
of industry and states, as well as their
unwillingness to discuss community concerns,
demonstrates their lack of commitment to
environmental justice. EPA, she continued,
should "hold firm" in its efforts to develop a policy
that is protective of low-income communities and
communities of color, thereby upholding Title VI.
She then submitted for the consideration of the
NEJAC 15 "demands" related to environmental
and economic injustices that affect such
communities. Ms. Almanza stated that her
organization requests that the NEJAC consider
those demands and forward them to EPA.
4.7 Maria Alegria, Hazardous
Commission, Contra Costa
California
Materials
County,
Ms. Leslie Stewart, Chair, Contra Costa County
Hazardous Materials Commission introduced Ms.
Maria Alegria, Chair of the commission's
Operations Committee. Ms. Alegria then
described for the members of the Executive
Council the commission's efforts to promote
environmental justice in Contra Costa County.
She pointed out the county's long history of
housing heavy industry, noting that the first oil
refineries there had been built at the tum of the
century and that shipbuilding had flourished
during World War II. Many African Americans,
she continued, were among those who came to
the area to fill industrial jobs. Discrimination in
housing and employment, she said, had left
people of color and low-income residents
disproportionately represented among people
living near the county's industrial facilities.
Oakland, California, May 31 and June 1, 1998
Public Comment Period
Referring to the sites visited during the NEJAC's
driving tour on May 31, 1998, Ms. Alegria noted
that the members of the NEJAC had observed
several such communities in Richmond and other
neighborhoods. They had met "people who are
tackling those problems," as well, she said,
mentioning specifically members of the Asiijn
Pacific Environmental Network and the West
County Toxics Coalition. The commission, a 14-
member, broad...based group appointed by the
county's board of supervisors to advise the board
on issues related to hazardous materials, has
undertaken to develop environmental justice
policies for the county, she continued. Ms.
Alegria stated that all industry representatives to
the commission had expressed support for the
concept of environmental justice and stated their
desire to develop such policies, adding that such
agreement is "clearly an historical event." Ms.
Alegria then stated that local government had
allowed the problem of environmental injustice to
exist and possess the "land-use authority" to
correct that problem, but is hampered by a lack of
resources. In contrast, federal government, she
added, has the resources and national scope to
draw on models from around the country, but
lacks local land-use authority. That circumstance,
she said, had led the commission to develop
three specific recommendations, which she
submitted for the consideration of the NEJAC:
• Survey local governments, universities, and
nongovemment organizations to identify
environmental justice policies that have been
drafted, proposed, and enacted
• Write model policies based on the results of·
the survey ·
• Support and expand the environmental
justice program by providing resources to and
facilitating networking among local partners
Ms. Algeria asked on behalf of the commission
that the NEJAC "consider these requests in
developing recommendations to EPA."
In response to Ms. Algeria's presentation, Mr. Lee
noted that local issues such as land use and
zoning or lack thereof are "the heart of
environmental justice." Ms. Kawasaki added that
the city of Los Angeles, California had adopted
"guiding principles of environmental justice" in
1992 and, in October 1997, had held its first
public forum on land use, facility siting, and
transportation policy. She invited representatives
2-23
Public Comment Period
of the commission to attend sessions scheduled
for July during which action to be taken on such
issues will be determined.
4.8 Laura A. Weahkee, Petroglyph Monument
Protection Coalition, Albuquerque, New
Mexico
Ms. Laura A. Weahkee, Petroglyph Monument
Protection Coalition, Albuquerque, New Mexico
first explained that the monument in Albuquerque
preserves markings made by early Native
Americans on the rocks located in a lava bed near
that city. There are more than 15,000 individual
petroglyphs in the area, she said. To Native
AmeriGc1n peoples, she continued, it is important
to maintain the integrity of the entire lava bed,
which, she pointed out, is a sacred site still in use.
Noting that her father had submitted testimony to
the NEJAC in May .1997, Ms. Weahkee stated
that, since that time, Congress had "given the
area back to the city of Albuquerque." Ms.
Weahkee then suggested that the NEJAC form a
committee "to determine how Native Americans
and their issues fit into the environmental justice
process and research how Title VI, which does
not address cultural and religious issues, affects
Native Americans." She noted that her people
are wary of filing a complaint under Title VI
because of the need to protect their sovereign
status.
Mr. Goldtooth then stated that there is a need for
guidance on how issues related to sacred sites
are to be acted upon in the environmental justice
process, adding that the Nl=JAC should consider
establishing a working group to address the issue.
When, after discussing issues of concern to
Native Americans, several members of . the
Executive Council endorsed that suggestion, Mr.
Turrentine asked that they form such a working
group and undertake the development of
recommendations related to the implications of
Title VI in Indian country ..
4.9 David Baltz, Commonweal, Solinas,
California
Mr. David Baltz, Research Associate,
Commonweal, Solinas, California, recapped for
the council the history of citizen opposition to the
permitting of the IES medical waste incinerator in
the Bay Area. (See sections 2. 1, 2.12, and 3. 9 of
this chapter for related comments.) Such
opposition had been voiced to the Bay Area Air
Quality Management District, he said, but the
2-24
National Environmental Justice Advisory Council
facility's permit had been upheld nevertheless.
Mr. Baltz stated that there is extensive evidence
that the incinerator is operating unsafely, citing
164 violations that the coalition opposing the
incinerator had documented, $90,000 in fines
levied against the facility, and eyewitness
accounts provided by community members who
had toured the facility. When the local air quality
management district conducted a hearing on the
facility's permit, Mr. Baltz continued, the hearing
board had relied on a "faulty" risk assessment that
had not considered the pathway for ingestion of
dioxin or exposure to mercury. Mr. Baltz stated
further that the facility bums municipal waste,
although it has no permit to do so. The
incinerator, he continued, emits dioxin, mercury,
and heavy metals; yet, he said, no public hearing
ever has been held to consider the community's
opposition to its continued operation. Mr. Baltz
then asked "when regulators, local or otherwise,
as well as counties and cities, are going to
demonstrate some leadership and vision by
closing down dioxin emitters and polluters that
refuse to be accountable to the community."
4.1 O Lehua Lopez, Caring and Taking Care of
the Good That Is Puna, Native Lands
Institute, Hilo, Hawaii ,
Ms. Lehua Lopez, Vice President, Caring and
Taking Care of the Good That Is Puna, Native
Lands Institute, Hilo, Hawaii, explained to the
council that Hawaii is a "growing" island, affected
by its five volcanos, one of which, she said has
been erupting continuously since 1983. She then
stated that her organization opposes the
development of geothermal wells in Hawaii on the
basis of First Amendment rights to freedom of
religion. The coalition of Native Hawaiians had
been successful in fighting extensive
development of geothermal energy production in
Hawaii, she continued, although one small plant
has been operating since 1991. Ms. Lopez then
stated that such geothermal production poses
health threats related to the emission of hydrogen
sulfide, as well as the threat of contamination of
groundwater caused by corrosion of well casings.
Ms. Lopez then emphasized that the area in
which geothermal energy projects would be
located is a sacred site. Use of the steam to
generate profit, she stated, would violate the deity
of Native Hawaiians, prevent the people from
honoring their deity, and constitute sacrilege. Ms.
Lopez asked that the NEJAC support the cause
and protect the rights of Native Hawaiian people.
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
4.11 Patrick Lynch, Clearwater Revival
Company, Alameda, California
Mr. Patrick Lynch, Environmental Engineer,
Clearwater Revival Company, Alameda,
California, stated that he had been working for
four years as "a technical assistance provider to
national and community-based environmental
organizations." Mr. Lynch stated that he ascribes
environmental injustice to "unethical practices of
some environmental professionals," adding that ·
"a high level of technical e«pertise without
adherence to ethical guidelines is as much a
threat to public welfare as is professional
incompetence." The "atrocities" committed by the
United States Navy at its installations throughout
the Bay Area, Mr. Lynch charged, are "textbook
examples of environmental racism," the effects. of
which on local communities are downplayed by
"unqualified opinions made by two national
consulting companies," Tetra Tech Inc. and IT
Corporation. Mr. Lynch then declared that he was
"outraged" that one of those firms also serves as
the EPA's support contractor fo~ the NEJAC. Mr.
Lynch criticized the contractor's findings in
several cases in the Bay Area, as well as the
operations of the second firm he had mentioned.
Mr. Lynch stated that both state ~nd federal
governments must establish policies to ensure
that environmental documents are prepared by
both independent and objective scientists and
further that the federal government should refrain
from awarding contracts to firms that promote
environmentally racist practices. ,
4.12 Charles Miller, Law Offices of Charles
Miller
Mr. Charles Miller, Attorney, Law Offices of
Charles Miller, stated that he is counsel for Save
Mount Shasta and the Native Coalition to Protect
Mount Shasta and that he was representing
before the council the Pajaro Valley Ohlone
Indian Council and San Bruno Mountain Watch,
as well. He then reviewed the history of the listing
of Mount Shasta on the National Register of
Historic Places and the subsequent removal of
most of the mountain from the register. He noted
, that the removal decision was based on the
premise that the mountain had lost its historical
integrity because of road building and other
activities that had taken place there. Mr. Miller
explained that a sit~ is considered to have lost
historical integrity when it no longer is in
substantially the same condition it was in the time
it acquired its status as historic. The decision, he
Oakland, California, May 31 and June 1, 1998
Public Comment Period
continued, was made without any attempt at
consultation with the Native American tribes to
whom the mountain is a sacred site, and therefore
without regard for legal requirements. On behalf
of the tribes, he said, he was asking for
assurance that such consultation, which he had
characterized as lying at "the core of
environmental justice," would take place.
Turning his attention to the cause of the Pajaro
Valley Ohlone Indian Council and San Bruno
Mountain Watch, Mr. Miller then described the
San Bruno Shell Mound, which the council seeks
to preserve. Mr. Miller stated that the shell mound
is located along the western shore of San
Francisco Bay , at the base of San Bruno
Mountain. Built up over centuries by the deposit
of shellfish from the Bay, Mr. Miller continued, the
mound is the oldest site of human occupation on
the San Mateo Peninsula, dating to some 5,000
years ago. The Ohlone people used such shell
mounds as a combination village and ceremonial
and burial site, Mr. Miller explained further. "Such
is the case with the San Bruno Mountain Ohlone
Shell Mound," he added. In 1989, a limited study
of the mound revealed the remains of at least 15
people, Mr. Miller continued, indicating that other
burials exist at the site. He added that evidence
of fires and numerous artifacts also have been
found at the site. Mr. Miller stated further that the
shell mound is one of the most significant Oh lone
village and burial sites in the Bay region and that
it remains a sacred site to the Ohlone people.
However, he continued, Sterling Pacific
Management Services of Phoenix, Arizona plans
to build a residential and commercial
development, called Terrabay, in the area in
which the mound is located. Mr. Miller said that
the project would destroy the San Bruno Shell
Mound. Current plans for the project, he noted,
would cover or pave over most of the shell
mound.
Currently, Mr. Miller went on, Sterling Pacific and
the city of South San Francisco are preparing for
public comment a draft environmental impact
, report (EIR), as required under the California
Environmental Quality Act. However, he charged,
even though construction of the necessary
freeway interchange would be supported by
federal funds and the commercial development
likely would require a permit from the U.S. Army
Corps of Engineers under CWA, there is no
indication that those parties plan to comply with
the requirements of applicable federal statutes.
Mr. Miller emphasized that the Ohlone people at
2-25
Public Comment Period
no time had been consulted about the Terrabay
project, as federal 'law requires, nor, he added,
had an ethnographic and anthropological study of
the shell mound been performed. In short, he
said, the effects of the project on the shell mound
and the Ohlone culture had not been studied and
evaluated. Mr. Miller then stated that the Pajaro
Valley Ohlone Indian Council and San Bruno
Mountain Watch request that the NEJAC pass an
emerg.ency resolution requesting that the
administrator · of EPA investigate the Terrabay
project and seek compliance with all applicable
federal laws. Mr. Miller also submitted for the
· consideration of the NEJAC a written statement
on the issue by Mr. Patrick Orozco, Headman ,
Pajaro Valley Ohlone Indian· Council. (See
section 4.22 of this chapter for the text of Mr.
Orozco's statement.)
4.13 David Johnson, Committee for
Environmental Justice Action, San
Antonio, Texas
After informing the members of the Executive
Council that he is a member of the RAB at Kelly
Air Force Base (AFB), Mr. David Johnson,
Committee for Environmental Justice Action, San
Antonio, Texas, requested that the NEJAC
recommend to EPA that the agency formulate a
plan for the future operation of RABs. Mr.
Johnson explained that contamination at closing
bases has been affecting communities and
charged that state agencies are prevented by
DoD from ensuring that effective cleanup is
completed at closing installations. Mr. Johnson
stated that members of the communities affected
by such closings have no influence on decisions
· made about them and no avenue of dialogue with
DoD or with installation personnel. Through his
own experience, Mr. Johnson continued , he
knows that supporting data gathered by citizens
has had no effect in bringing about resolution of a
conflict with officials responsible for cleanup
activities at Kelly AFB over contamination of the
aquifer. Mr. Johnson then asked for "effective
change in policy that will allow citizens' voices to
be heard." He then read portions of a letter to the
Administrator of EPA in which the Southwest
Network for Environmental and Economic Justice
called "for the resignation or removal of Mr. Barry
McBee, Chairman of the Texas Natural
Resources Cpnservation Commission (TNRCC)
from EPA's Title VI Work Group Under the
National Advisory Council for Environmental
Policy and Technology. In the letter, the
organization charged that TNRCC has a poor
2-26
National Environmental Justice Advisory Council
record in • ensuring equitable environmental
protection in communities of color.
4.14 Pamela Chaing, Fuerza Unida, San
Antonio, Texas
Pamela Chaing, Fuerza Unida, San Antonio,
Texas, explained to the council that Fuerza Unida
is a organization of garment workers that was
formed when the workers were laid off by Levi
Strauss and Company in 1990. Most of the
workers involved are Latina, she noted, but Asian,
as well, women are represented, among its
members. The principles of environmental .
justice, she said, affirm the right of workers to a
safe and healthy work environment. However,
she continued , in the case of the workers laid off
by Levi Strauss, working conditions had been
such that many had suffered such injuries as
carpal tunnel syndrome, nervous system
disorders, hernias caused by pushing heavy
carts, and stress-related conditions. The
pressure on workers to speed up production led
to many injuries, she said. Ms. Chaing
specifically cited the piece-work system and the
Levi Strauss team concept, under which, she
pointed out, other workers must take up the slack
if one fails to perform, as causes of psychological
distress. The team concept as defined by Levi
Strauss, she added, even had led to conflict
among coworkers. Ms. Chaing then stated that
the company shortly would lay off some 6,000
more workers and was moving operations to
China. Despite the history she had described,
Ms. Chaing stated, the Clinton Administration had
bestowed upon Levi's chief executive officer an
award for diversity. She characterized the award
as "an insult to the workers" of th~ corporation.
Ms. Chaing asked that the NEJAC make two
recommendations: that environmental justice
criteria be developed to guide decisions related to
awards such as that given to the Levi Strauss
executive and that a summit meeting about
injured workers be conducted to consider the
case of the workers she had discussed, and of
others, as well. Ms. Chaing added that her
organization maintains a boycott of Levi Strauss
products. "We cannot allow people to be treated
as a throw-away workforce," she said in
conclusion.
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
4.15 Olin Webb, Bay View-Hunters Point
Community Advocates, San Francisco,
California
Mr. Olin Webb, Bay View-Hunters Point
Community Advocates, San Francisco, California,
reviewed for the council the history of the
Southeast Sewage Treatment Plant located in his
community. Mr. Webb stated that, when
expansion of the plant was proposed in the
1970s, many members of the community opposed
the project. But, he said, when the community
was promised that a major construction project in
the city, specifically a cross-town tunnel, would be
awarded to minority contractors, opposition to the
plant expansion softened. The tunnel, however,
Mr. Webb pointed out, never was built. In
addition, he continued, even though the city has
a human rights commission that is supposed to
ensure fairness to minority contractors, less than
one percent of projects in the city is awarded to
such contractors. Mr. Webb asked the NEJAC's
assistance in securing fair treatment of b1ack
contractors in the city of San Francisco. Mr.
Webb also decried the "gentrification" of Hunters
Point and asked for consideration of the needs of
"the original people of Hunters Point."
4.16 Jane Williams, Executive Director,
California Communities Against Toxics,
Rosamond 1 California
Ms. Jane Williams, Executive Director, California
Communities Against Toxics, Rosamond,
California, informed the council of the activities of
another advisory body formed under the Federal
Advisory Committee Act (FACA), the Industrial
Combustion Coordinated Rulemaking (ICCR)
Committee, of which she is a member. The
rulemaking, she said, is the largest in EPA history
and will regulate hazardous air pollutants · from
more than 100,000 sources. Those sources, she
said, account for most of the unregulated
emIssIons of dioxin, PCBs, mercury,
hexachlorobenzene, lead, and other organic
pollutants. Ms. Williams then stated that it is
essential that the NEJAC be represented on the
committee. However, sh·e continued, "despite
repeated requests to EPA by the environmental
caucus," no such representation has been
arranged. The EPA lead for the committee, she
went on, is a representative of EPA's Office of Air
Quality Planning Standards, an office that she
said is "not very responsive to needs related to
children's healtt) or to the environmental justice
community." Ms. Williams then asked specifically
Oakland, California, May 31 and June 1, 1998
Public Comment Period
that the "new air committee scheduled to meet in
November have as its first agenda item to engage
in a process by which its members would appoint
a representative and request appointment" to the
ICCR committee. She then explained that the
ICCR is an environmental justice issue because
many of the persistent organic pollutants (POP)
and heavy metals that are the subject of the
rulemaking "have preferential deposition into
communities of color."
When Mr. Cole asked about the makeup of the
ICCR Committee, Ms. Williams stated that its
membership consists of 70 representatives of
industry and 8 representatives of community
groups, adding that two of the members are
women and one member is black. Ms. Williams
added that the composition of the committee is
not in compliance with applicable Executive
orders, nor, in some cases, with applicable laws.
In response to a question from Mr. Goldtooth, Ms.
Williams stated that facilities intended to burn
chemical weapons are not within the purview of
the committee. When Mr. Goldtooth then
commented on the disproportionate effects of
POPs on indigenous peoples, particularly those
living in cold climates, Ms. Williams observed
that, while the production of POPs is under
discussion, "we don't even have standards for
dioxin." Ms. Ramos then suggested that EPA
provide guidelines for pubic participation to its
other F ACA committees.
4.17 Nancy Nadel, City Council Member,
Oakland, California
Ms. Nancy Nadel, City Council Member, Oakland,
California, first thanked the members of the
NEJAC for selecting Oakland as the site of their
meeting. She then said she wanted to describe
several environmental justice issues in the city,
which, she said, "we are trying to handle on a
local level, but in some areas, we need federal
?ssistance." Ms. Nadel told the council that she
frequently uses the NEJAC's pamphlet on public
participation. However, she continued, although
the city has an active adult literacy program, she
has found the curriculum for that program lacking.
She suggested that the NEJAC consider
recommending funding for ari adult literacy
curriculum that includes environmental education.
Ms. Nadel then addressed the lawsuit brought by
the West Oakland Neighbors against the Port of
Oakland related to the port's refusal to mitigate
significant air pollution that will occur as a result of
2-27
Public Comment Period
the proposed expansion of t~e port. She
expressed support for the proposals of the
neighborhood group, which, she added, were to
be presented to the NEJAC. She also
recommended that EPA consider regulating ports
as an entity, rather than their individual tenants or
landowners. (See section 4.18 of this chapter for
relate,d comments.)
Turning her attention to the "historic problems of
p~tchwork zoning that has made neighbors of
residents and heavy industry," Ms. Nadel stated
that undoing old problems is the challenge in
Oakland. The city is identifying an industrial area,
she said, as a long-term solution, adding that
federal assistance is required to move businesses
or residences to separate them. She urged that
the NEJAC recommend that DOC provide funding
to pay for the relocation of businesses and
· residences to resolve the mixed-use problems
that cities such as Oakland face. Continuing, she
commented that the case of the Chester Street
Block Club Association demonstrated a need for
speedier action on Title VI claims. Finally, Ms.
Nadel urged the NEJAC "to regularly measure
your success and EPA's success by the amount
of pollution that is eliminated in low-income
communities and communities of color."
Ms. Miller added the observation that in New York
City, New York, where she lives, there are many
such zoning problems, adding that Title VI issues
"are particularly problematic." She observed that
representatives of cities who believe that efforts to
implement Title VI guidance will be helpful to their
cities should make their opinions known,
because, Ms. Miller said, their views are not being
heard in Washington.
4.18 Willie Keyes, West Oakland Neighbors,
Oakland, California
Discussing the lawsuit his organization had filed
against the Port of Oakland, Mr. Willie Keyes,
West Oakland Neighbors, Oakland, California,
cited the inadequacy of the port's environmental
impact report (EIR) . in addressing the
environmental justice aspects of .its expansion on
the community as the reason for the lawsuit. The
neighborhood, he said, is "next door" to the port,
which is served by some 10,000 diesel-powered
trucks per day. Data show, he continued, that the
highest number of hospitalizations caused by
asthma occurs in areas downwind of the freeway
that carries those trucks. Mr. Keyes stated that 20
percent of the children in the community's flatland
2-28
National Environmental Justice Advisory Council
scho.ols use inhalers for asthma. Further, state
health department officials, he stated, have
reported that the incidence of cancer in one part
of the community• is "much higher than expected."
Mr. Keyes then reported that, in 1993, the port
re.ceived a 50-year lease on a closing miliary
base. No analysis of effects on the. community
had been performed, he added, because the base
was leased rather than transferred. However, he
continued, when the port prepared the
environmental justice analysis required for its
expansion, that analysis concluded that doubling
of truck traffic would have no environmental
justice effects on the community. The port, Mr.
Keyes said, took the position that, because it
would be impossible to reduce air pollution to
insignificant levels, it would perform no mitigation
at all. Because EPA. did not follow up on the
issue, the neighborhood took legal action, he
said. Mr. Keyes stated that his organization has
data that demonstrate that current levels of air
pollution have exceeded state . standards. The
community, he said, is alarmed that, with the port
expansion, such pollution levels will double. Mr.
Keyes then asked that the NEJAC make three
recommendations to EPA:
• That, in reviewing EISs for the environmental
justice component, EPA insist on thorough
analysis and sue the responsible agency in
cases of failure to comply
• That the federal standard for particulate
matter be strengthened in light of new
scientific data that show a relationship
between diesel emissions and cancer
• That EPA insist that the state enforce its
standard for particulate matter and withhold
any funding to the state if it fails to do so
4.19 Steve Lopez, Colorado River Native
Nations Alliance, Needles, California
Mr. Steve Lopez, Colorado River Native Nations
Alliance, Needles, California, explained to the
council that the alliance represents the five tribes
whose lands lie along the lower Colorado River.
The alliance opposes the proposed Ward Valley
dump, which would be sited on the lands sacred
to the tribes, he said. He then stated that "sacred
sites and environmental justice are not separ~ble
issues." Mr. Lopez reminded the council that he
had come before the NEJAC twice over the
previous three years and commended the NEJAC
for the, support it had given the alliance and for
Oakland, California, May 31 and June 1, 1998
I
ji
National Environmental Justice Advisory Council
the· recommendations the NEJAC had made to
EPA on the issue. The tribes use the resolution
of the NEJAC, along with the Executive Order on
Protection of Indian Sacred Sites in their battle
against the dump proposal, he said. Mr. Lopez
also commended EPA Region 9, which, he said,
was "the only agency to put its support for the
tribes' position in writing." Further, he added, the
region had "stuck by their word" and given the
alliance continued support. However, he
continued, although the Ward Valley project
currently had come to a halt, the battle is not over.
Mr. Lopez then asked that the NEJAC, through its
Enforcement or Indigenous Peoples
Subcommittees, to urge the Administrator of EPA
to act on the NEJAC's recommendations. Mr.
Lopez then reviewed the many times he had
attempted to arrange meetings with the
administrator, officials of DOI, and the President.
Reminding the council that the tribes are
sovereign nations, he stated that their wish is a
direct meeting with the President. He asked
again that the NEJAC urge the administrator to
reaffirm its resolution and help arrange a meeting
with the President, noting that a decision on the
dump proposal was to be made on June 17. If
action had been taken, he added, the Indian
peoples would not have found it necessary to
occupy the Ward Valley site, "laying their lives on
the line" to stop the project. "I haven't lost faith or
hope that you can help me," Mr. t.opez told the
council.
Mr. Cole thanked Mr. Lopez and the tribes of the
alliance for their struggle in Ward Valley, which he
called "an inspiration." Echoing Mr. Cole's )
thanks, Mr. Goldtooth then commented that the
Ward Valley issue is a precedent-setting case in
a variety of ways, one that is complicated by the
politi~ involved. The medical industry and
• t:ommercial facilities that a~e creating low-level
radioactive waste are pressing for the facility, and,
he added, . "they are playing politics to get it."
Many people like Mr. Lopez have been involved
in the battle-against the proposal, he continued,
organizing the elders, the spiritual leaders, and
the grass roots organizations and holding their
tribal leaders accountable "to stand firm on the
Ward Valley case." Mr~ Turrentine then assured
Mr. Lopez of the NEJAC's continuing support.
4.20 Damu lmara Smith, GreenPeace,
Washington, D.C.
Addressing the issue of the chemical production
facility proposed by the Shintech Corporation, Mr.
Oakland, California, May 31 and June 1, 1998
Public Comment Period
Damu lmara Smith, GreeriPeace, Washington,
D.C., emphasized to the members of the
Executive Council that, contrary to certain rumors,
Convent, Louisiana is not a community divided on
the issue. To demonstrate his statement, Mr.
Smith read articles from various Louisiana
publications that indicated that the vast majority of
the citizens of the community oppose construction ,
of the facility. Some members of the N EJAC had
attended pubic meetings in the community, he
added; they know firsthand that opposition is
overwhelming in the community, he said. Mr.
Smith th~n predicted that the upcoming meeting
of the NEJAC, which will be held in Louisiana,
would be one of the most extraordinary sessions
the NEJAC has conducted. He stated that the
situation in the state is volatile, characterizing the
Louisiana DEQ as a "renegade" · state
environmental regulatory agency. Mr. Smith then
urged that the NEJAC take several actions in
planning and conducting the meeting in
Louisiana. First, he said, a public comment
period should be scheduled for Saturday. EPA
Administrator Carol Browner should attend the
meeting and make herself available to answer
questions, he suggested next. Third, EPA
officials at the highest level should be present
when people offer statements during public
comment periods, he continued. Last, he urged,
the NEJAC should continue to monitor the
Shintech case during the period leading up to the
meeting. Stating that the Shintech matter is a
landmark Title VI case, Mr. Smith observed that .
the decision in the case will have "profound
implications for every community represented in
this room, for the entire struggle against
environmental racism, and for the environmental
justice movement and its agenda over the next
several years." He then suggested that the
NEJAC's Waste and Facility Siting Subcommittee
consider how Title VI policy is being shaped by
the Shintech case.
Mr. Ray reminded Mr. Smith that it is the
Enforcement Subcommittee that is examining
issues related to Title VI. Then Mr. Velasquez,
corroborating Mr. Smith's statements, observed
that a tragic aspect of the case is that, when the
people have won it, there will be more such cases
throughout the country. Mr. Velasquez stated
further that the government is "partisan to big
money," as the swiftness with which trade
agreements were reached with Canada and
Mexico indicates, but that "the bureaucracy grinds
to a halt" when the protection of people is at
i~sue. Characterizing the current situation in St.
2-29
Public Comment Period
James Parish, Louisiana as "genocide," Mr.
Velasquez. stated that the distinguishing factor ·
about the people of the parish is that they are
poor. We must, he concluded, "be human beings
and consider our economic life second and stand
up for what is right."
Ms. Briggum then described a number of activities
related to environmental justice that she is
involved in on behalf of her company. Members
· of the business community who are involved in
such efforts are attempting to address Title VI
issues and find ways to make decisions that are
respectful of all parties, she continued. She then
observed that broad-based characterizations of
the business community do not take account of
the real differences among members of that
community and suggested that "we look at the
substance of each other's very real and important
views."
When Ms. Ramos asked who or what agency had
lied about community opinion in Convent, Mr.
Smith. replied that "some officials at the regional
level had . mischaracterized the situation in the
community." The community sees such
mischaracterization as an attempt to divide and
confuse its members, he said, emphasizing again
that the community of Convent has never been
divided.
Ms. Miller then expressed concern about delays
in the promulgation of Title VI guidelines and the
effect of such delays on the Shintech case, and
other cases, as well. Ms. Clarice Gaylord, special
assistant to the Regional Administrator, EPA
Region 9, responded that it was her
understanding that the agency has interim
guidance in place and that the interim guidance
was to be in effect until the final policy is ready.
Ms. Miller, however, stated that the interim
guidance is incomplete. Mr. Turrentine then
observed that the members would have an
opportunity to pursue the issue on the following
day, when Ms. Ann Goode of EPA's Office of Civil
Rights was to attend the meeting. After some
further discussion of the status of the interim
guidance on Title VI , Mr. Smith observed that,
since interim guidance exists and is in use by the
agency, that guidance is pertinent to the Shintech
case. He added that the case "is testing the
practical application of the guidelines."
2-30
National Environmental Justice Advisory Council
4.21 Dennis English, Director of
Environmental Affairs, San Jose State
University, San .Jose, California
Mr. Dennis English, Director of Environmental
Affairs, San Jose State University, San Jose,
California stated that biological monitoring is the
best way to determine whether a certain
substance is present in a person's system. He
suggested therefore that the NEJAC should
consider supporting the development of access to
. biological monitoring, which , for example,
currently is provided for monitoring children for
lead . Communities exposed to organic
compounds also should have access to federally
funded testing, he continued, noting that such
testing is always confidential. Mr .. English then
recounted his personal history dealing with the
issue of environmental racism during his work for
the state government and · as a county health
inspector. County inspectors, he continued, often
are responsible for enforcing environmental laws
and regulations, and that enforcement often is
lacking. If such state or local authorities are not
doing their jobs, said Mr. English, "communities
should take the resources and put them in the
hands of the people so they can develop their
own public health measures." He then advised
that state environmental justice programs, such
as that of the state of California, should be
evaluated.
4.22 Patrick Orozco, Pajaro Valley Ohlone
Indian Council, Watsonville, California
Mr. Patrick Orozco, Headman, Pajaro Valley
Ohlone Indian Council, Watsonville, California,
submitted written testimony to be read into the
record. ( See Appendix C of this report for a copy
of the written statement.) In his letter, Mr. Orozco
requested the NEJAC's assistance in helping to
preserve the San Bruno Shell Mound as a sacred
site because his tribe is concerned about the
effects of residential and commercial
development on the mound. The San Bruno
Shell Mound is the largest, oldest and most intact
shell mound in the San Francisco Bay area and
was inhabited continuously by the Slipskin Oh lone
for 5000 years, Mr. Orozco informed the members
of the Executive Council.
Mr. Orozco explained that the Pajaro Valley
Ohlone is closely linked by language with the
Slipskin Ohlone who had inhabited the area. The
tribes also are connected by cultural similarities
and can feel the presence of the ancestors who
Oakland, California, May 31 and June 1, 1998
National Environmental Justice Advisory Council
lived there, he continued. Mr. Orozco also stated
that the Ohlone have taken a strong stand on
protecting ancestral grave sites and many times
have been called upon as consultants tq aid in the
protection of these sites against development. ·
The San Bruno Shell Mound continues to be in its
natural state and shows evidence of the Slipskin
Ohlone life, Mr. Orozco stated, providing
examples such as evidence of chert which was
used to produce arrow heads; fire cracked rock
which indicated cooking; and various plants that
were used for food, medicines, and building. Mr.
Orozco requested that the entire area remain
undisturbed to protect the graves, plant life, and
animal life of the San Bruno Shell Mound. Mr.
Orozco explained that when the Ohlone visit the
burial sites of their ancestors "we are connected
with our culture and our ways, and we have a
· sense of peace and accord with life." This type of
continuity and reverence with the deceased is the
religious center for the Ohlone people, he
continued. Mr. Orozco then urged that federal
laws be put in place to protect the shell mound
from desecration.
Oakland, California, May 31 and June 1, 1998
Public Comment Period
2-31
MEETING SUMMARY
of the
ENFORCEMENT SUBCOMMITTEE
ofthe
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2, 1998
Oakland, California
Meeting Summary Accepted By:
Shirley Pate Arthur Ray
Alternate Designated Federal Official Chair
CHAPTER THREE
MEETING OF THE
ENFORCEMENT SUBCOMMITTEE
1.0 INTRODUCTION
The Enforcement Subcommittee of the. National
Environmental Justice Advisory Council (NEJAC)
conducted a on~ay meeting on Tuesday, June 2,
1998, during a thr~ay meeting of the NEJAC in
Oakland, California. Mr. Arthur Ray, Maryland
Department of the Environment, continues to
serve as chair of the subcommittee. Ms. Sherry
Milan, U.S. Environmental Protection Agency
(EPA) Office of Enforcement and Compliance
Assurance (OECA), continues to serve as the
Designated Federal Official (DFO); however, Ms.
Shirley Pate, EPA OECA, represented Ms. Milan
at the meeting. Exhibit 3-1 presents a list of the
members who attended the meeting and identifies
those members who were unable to attend the
meeting.
This chapter, which provides a summary of the·
deliberations of the Enforcement Subcommittee, is
organized in five sections, including this
Introduction. Section 2.0, Remarks, summarizes
the opening remarks of the chair. Section 3.0,
Update on Subcommittee Work Groups,
summarizes the activities of the work groups of the
subcommittee. Section 4.0, Presentations and
Reports, presents an overview of each
presentation and report, as well as a summary of
the questions and comments of the members of
the subcommittee. Section 5.0, Significant Action
Items, presents the significant action items
adopted by the members of the subcommittee.
2.0 REMARKS
This section summarizes the opening remarks of
Mr. Ray and those of Mr. Steven Herman,
Assistant Administrator, EPA OECA, as well as
discussion among the members of the
subcommittee prompted by those remarks.
2.1 Remarks by the Chair of Enforcement
Subcommittee
Mr. Ray welcomed the members of the
subcommittee to the meeting and shared with
them his observation that enforcement is a broad
topic that includes a variety of issues. He pointed
out to the members of the subcommittee and
Oakland, California, June 2, 1998
Exhibit 3-1
ENFORCEMENT SUBCOMMITTEE
Members
Who Attended the Meeting
June 2, 1998
Mr. Arthur Ray, Chair
Ms. Shirley Pate, Alternate DFO
Mr. Lamont Byrd
Mr. Luke Cole
Mr. Richard Drury
Ms. Rita Harris
Ms. Lillian Mood
Ms. Peggy Shepard
Mr. Gerald Torres
Members
Who Were Unable to Attend
Ms. Sherry Milan, DFO
Ms. Leslie Beckoff
Mr. Grover Hankins
observers present at the meeting that EPA has a
responsibility to enforce environmental laws and to
inform members of communities about the
enforcement of _such laws and involve them in that
effort. Otherwise, he said, there will always be a
need for bodies such as the NEJAC.
2.2 Remarks by the Assistant Administrator,
EPA Office of Enforcement and
Compliance Assurance
Mr. Herman stated his agreement with Mr. Ray's
remarks about the nature of issues related to
enforcement of environmental laws and
regulations. Such issues, he said, have
ramifications for all programs at EPA. He
explained to the members of the subcommittee
that EPA is accountable to many stakeholders,
such as the public, Congress, states, and industry.
In his opinion, he continued, accountability on the
part of EPA, other federal agencies, states, and
industry is a "recurring theme" in the many issues
related to environmental justice. Mr. Herman also '-
3-1
Enforcement Subcommittee
explained that federal and state agencies often
define the word "accountability" differently. · He
emphasized that the first step in holding industry
and states accountable is to provide to the public
adequate information about issues of concern .
Agreeing, Ms. Lillian Mood, South Carolina
Department of Health and Environmental Control,
stated that EPA should identify constructive ways
to involve all stakeholders meaningfully in
decision-making processes. Mr. Herman then
continued, informing the members of the
subcommittee about two initiatives to provide to
members · of communities the information they
need to participate effectively in the decision-
making processes of EPA. Those initiatives are
the sector facility indexing Internet home page and
a study of air programs regulated by state
agericies initiated by EPA's Office of the Inspector
General (IG). (Section 4.4 of this chapter presents
a detailed description of EPA's Sector Facility
Indexing Project.)
The · new sector facility indexing home page
established by EPA's Office of Compliance, Mr.
Herman said, provides information about dates of
violations, actions taken by EPA to correct
violations, and the compliance status of facilities:
Mr. Herman then noted that industry had opposed
the establishment of the home page because
industry maintained that the data provided are not
accurate. However, he said, he believes that the
sector facility indexing home page will become an
effective tool for both the public and industry.
The study of air programs, Mr. Herman continued,
was initiated when the IG conducted a surprise
audit of the clean air program regulated by the
Commonwealth of Pennsylvania. The IG, he said,
had discovered that the state had not been
enforcing its standards as stringently as EPA
expects. Taking their cue from EPA's own
leniency, Mr. Herman observed, enforcement
authorities in many states have come to believe
that they should be mentors rather than enforce
regulations strictly. Recognizing the problem, he
said, the IG undertook the survey of all state air
programs. Mr. Herman stated further that, in
addition to the state surveys conducted by the IG,
EPA had increased its own enforcement efforts,
including, he said, "longer jail time for violators,
additional criminal ·agents to investigate violations, .
and heavier fines."
3-2
National Environmental Justice Advisory Council
Mr_ Ray commented that members of communities
often become frustrated because 'the division of
authority between federal and state agencies is not
clear. Mr. Herman explained that, unfortunately,
when EPA delegated authority to states for certain
programs, the boundaries of responsibility were
not set. Therefore, he continued, EPA and the
states have different views on approaches to
enforcing and ensuring compliance with
environmental laws. Mr. Herman added that the
interaction that took place among representatives
of states, EPA, and communities at the two
Enforcement Roundtable meetings, the
Enforcement Subcommittee sponsored in 1996
and 1997 had clarified many areas of confusion.
He pointed out that the meetings had provided an
opportunity for EPA and states to explain their
programs to communities and had provided
communities the opportunity to comment on issues
related to enforcement and environmental justice,
as well.
Mr. Herman then suggested that the members of
the subcommittee apply the lessons that they
learned during those meetings-to future cases. He
then expressed regret that, because of budget
reductions, EPA may not be able to afford another
such meeting in the near future.
Mr. Luke Cole, Center on Race, Poverty and the
Environment California Rural Legal Assistance
Foundation, mentioned a General Accounting
Office (GAO) study entitled EPA's and States'
Efforts to Focus State Enforcement Programs on
Results which addresses economic benefits to
EPA from enforcement actions. He stated that the
findings of the study had indicated that in 80
percent of its enforcement actions against
industries, EPA failed to obtain an economic
benefit. Mr. Herman replied that EPA had
obtained an economic benefit in most enforcement
cases through the use of the computer model
BEN. Exhibit 3-2 provides a description of the
BEN model. He explained further that there is
controversy about the use of the BEN model,
because state staffs believe that the model is
difficult to use. Mr. Ray added that states also
prefer flexibility in determining fines, which the
model does not allow. Mr. Herman agreed to
provide the GAO report to the members of the
subcommittee.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
Exhibit 3-2
ECONOMIC BENEFIT FROM
NONCOMPLIANCE/BEN MODEL
The BEN model is an interactive computer
program that resides on EPA' s database in
Research Triangle Park in North Carolina. The
BEN model was developed to calculate
economic benefits received by a company that
experienced significant savings or profits from
failure to comply with RCRA requirements.
The program was developed to aid in settlement
issues. After the economic benefit from
noncompliance amount is calculated it is added
to the gravity-based penalty amount. After the
gravity-based penalty amount is determined it
can be adjusted upward or downward depending
on circumstances of the violation. When
adjusting this amount the following factors
should be considered:
• Good faith efforts to comply
• Degree of negligence
• History of noncompliance
• Environmental projects to be undertaken by
the violator
• Other unique factors, including but not
limited to the risk and cost of litigation
Mr. Richard Drury, Communities for a Better
Environment, stated that citizen suits to enforce
environmental laws are another means of
resolving issues, because such actions allow
communities to have a voice in the decision-
making process. Mr. Drury added that citizen
suits should be in the forefront of enforcement
actions because industry is attempting to curtail
such activities. Mr. Herman agreed that "citizen
enforcement" is another component of the
enforcement process.
Ms. Peggy Shepard, West Harlem Environmental
Action, Inc., asked Mr. Herman if he was aware of
a recent article in The New. York Times that noted
that the number of enforcement actions
conducted by states had decreased 54 percent
over the past year. Mr. Herman expressed
concern about that statistic and stated that most
states have decreased their enforcement
activities because they do not . wish to deter·
industry from operating in the state. Ms. Shepard
asked what criteria are used to determine whether
Oakland, California, June 2, 1998
Enforcement Subcommittee
EPA will intervene when a state fails to ensure
that industry complies with environmental laws.
Mr. Ray then recommended · that the
subcommittee hold a conference call with Mr.
Herman to address such issues. Mr. Herman
stated that he would be available for such a call
and said he would invite staff of EPA's regional
offices to participate as well, to address questions
about specific sites.
The members of the subcommittee then
expressed concern about the perceived lack of
diversity among members of EPA's other federal
advisory committees. The members urged Mr.
Herman to ensure that all categories of
stakeholders are represented on each advisory
committee. Further, the members of the
subcommittee requested that EPA provide a list of
members of all EPA's federal advisory
committees that includes information about
diversity among members of those committees.
3.0 UPDATE ON WORK GROUPS OF
THE SUBCOMMITTEE
This section discusses the activities of the work
groups of the Enforcement Subcommittee.
Exhibit 3-3 identifies the variou~ work groups and
their members. The members of the Enforcement
Subcommittee agreed to form two new work
groups to address issues related to the right of
communities to know about chemical emission
releases and citizen suits.
Exhibit3-3
WORK GROUPS OF THE
ENFORCEMENT SUBCOMMITTEE
Work Group
on the Open-Market Trading
of Air Emissions Credits
Mr. Richard Drury, Chair
Mr. Grover Hankins
Mr. Arthur Ray
Ms. Pe&:,ay Shepard
Worker Protection Work Group
Mr. Lamont Byrd, Chair
Mr. Luke Cole
Ms. Peggy Shepard
Title VI Work Group
Members not yet assigned
3-3
Enforcement Subcommittee
3.1 Work Group on the Open-Market Trading
of Air Emissions Credits
Mr. Drury, who serves as chair of the
subcommittee's Work Group on the Open-Market
Trading of Air Emissions Credits, reminded the
members of the subcommittee that Mr. Robert
Brenner, Acting Deputy Assistant Administrator,
EPA Office of Air and Radiation (OAR), had
provided a briefing for the members of the
subcommittee at the December 1997 meeting of
the NEJAC in response to Enforcement
Resolution No. 7 approved by the Executive
Council of the NEJAC atthe May 1997 meeting.
The members of the subcommittee had
expressed concern about EPA's failure to provide
an adequate response to the resolution. Mr.
Drury also reminded the members that the work
group had requested that OAR conduct additional
analyses of the effects of the program of ppen-
market trading of air emissions credits currently in
use by the South Coast Air Quality Management
District (AQMD) California, and report the
agency's findings to the subcommittee at the
current meeting. Exhibit 3-4 provides an
overview of the South Coast AQMD program.
Mr. Brenner explained that industries currently
can buy credits that allow them to exceed
emissions levels established by the South Coast
AQMD .. He stated that some industries obtain
credits through the automobile scrapping program
that allows industries to purchase older vehicles
that would contribute significantly to the
production of ground-level ozone and trade those
vehicles for pollution credits. Mr. Cole asked
whether EPA had performed an evaluation of the
scrapping program. Mr. Brenner replied that EPA
had not completed its review of the program. Ms.
Felicia Marcus, Administrator, EPA Region 9,
stated that EPA had not yet approved the
scrapping program. Ms. Robin Cannon,
Concerned Citizens of South Central Los
Angeles, added that there is much controversy
about the scrapping program and that many
people believe that the cars that are scrapped are
not vehicles that had been in use. Therefore,
neither EPA nor the South Coast AQMD is
reducing the level of air emissions released, she
observed. She then stated that communities are
riot receiving any benefits, and that the program
only brings about additional pollution. Mr.
Brenner replied that the scrapping program
should be subject to an adequate review based
on such issues.
3-4
National Environmental Justice Advisory Council
Exhibit3-4
THE SOUTH COAST AIR QUALITY
MANAGEMENT DISTRICT
The South Coast Air Quality Management
District (AQMD) covers a four-county region,
including Los Angeles and Orange counties and
parts of Riverside and San Bernardino counties.
The 12,000-square-mile area accounts for half of
the population of the state of California. In the,
area, ocean breezes carry pollutants into the
inland valley and the pollutants are then trapped
by the mountains. Heat from the sun causes ·
reactions between pollutants that in turn produce
more pollution.
South Coast AQMD is responsible for
controlling emissions from stationary sources of
air pollution. Currently, approximately 31,000
businesses operate under AQMD permits. Other
stationary factors that contribute to air pollution
are consumer products such as house paint and
charcoal lighter fluid. Some 40 percent of the
area's air pollution can be attributed to
stationary sources, both businesses and
residences. The other 60 percent is emitted by
mobile sources. Emissions standards for mobile
sources are established by state and federal
agencies, such as the California Air Resources
Board and the U.S. Environmental Protection
Agency (EPA) rather than by local agencies,
. such as the AQMD.
Mr. Brenner then displayed a chart, based on
preliminary analyses, of the toxics produced by
industry, that accumulate in a community and the
additional burden of toxic air emissions placed on
the community through the purchase of air
emissions credits. Exhibit 3-5 presents a copy of
Mr. Brenner's chart Mr. Brenner then pointed out
that in addition to Toxic Release Inventory (TRI)
emissions displayed on the chart, this community
is affected by toxic pollution from vehicles, fuels,
and other point sources. He estimated that the
TRI emissions constitute less than a third of the
total toxic emissions in the region. He added that
far less than one percent of the community's toxic
air emissions are effected by the open-market
trading of the air emissions credit program. He
also noted that the chart did not include the
benefit gained from reductions in mobile
emissions. Mr. Cole expressed his disbelief,
stating that every percentage increase is
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
.. C 0 -;;;
soo.000 -------~
.C00,000
..! 300.000 E .w
Exhibit 3-5
a: ,_
! 200,000 ..,
■ 1995 TRI Data
C ::,
0 0..
100.000
I I
IHighest Annual Foregont Reductions
Total TRI
important, more so in those communities that are
located near industries that purchase the air
emissions credits. Mr. Drury stated that the
emissions cause a disparate effect on those
communities, while other communities benefit.
Mr. Brenner replied that EPA had used the trading
program as a tool to reduce air pollution by
providing economic incentives to industry to meet
more stringent air quality standards. He added
that EPA had experienced success related to the
trading programs for sulfur dioxide (acid rain) and
lead emissions. Mr. Brenner stated further that,
unless the effect of these toxic air emissions can
be demonstrated to be significant and focused in
disadvantaged communities it is difficult for EPA
to bar the South Coast from implementing the
program. Mr. Brenner also stated that the auto
scrapping program is used to receive the same
overall pollution reduction benefits, without
financially limiting industries. Ms. Rita Harris,
• t,iiid-Sbuth Peace & Justice Center, suggested
that Mr. Brenner explain EPA's position to a
citizen in the community he had used as an
illustration. Ms. Cannon then stated that she
would take the part of a citizen of that community,
and asked Mr. Brenner why EPA does not require
industry to eliminate the pollution at the source.
Mr. Brenner replied that the South Coast AQMD
had various options from which to choose and
chose to use the open-market trading of air
emissions credits program to reduce its toxic air
emissions. Mr. Ray stated that EPA should
examine programs for appropriateness before
they are implemented and should determine what
the true effects on communities might be.
Oakland, California, June 2, 1998
Enforcement Subcommittee
Mr. Brenner then outlined for the members of the
subcommittee EPA's position on spatial
averaging, a process under which state air quality
agencies average particulate matter readings
from· several air quality monitors located in a
particular region. Mr. Drury reminded Mr. Brenner
that the Executive Council had forwarded to the
EPA Administrator a resolution developed by the
Enforcement Subcommittee that urged EPA to
revise its particulate matter air quality standards
to ensure that there are no discriminatory effects
on low-income communities and communities of
color caused by the use of spatial averaging. Mr.
Brenner then continued, stating that EPA had
implemented a rule under the standards for fine
particulates that allows readings from areas in
which high levels of particulates are detected to
be averaged with those from areas having low
levels of particulates. He stated that, even though
such averaging is allowed, safeguards are built
into the process. More than 250 air monitors
located in the South Coast area would identify
any overburdening of a community caused by the
spatial averaging, he continued. In addition, he
pointed out, only air monitors that record
particulates at levels within 20 percent of each
other can be averaged. EPA currently is
conducting a five-year review of the spatial
averaging program, Mr. Brenner then explained.
Ms. Mood, then asked Mr. Brenner who chose the
locations of the air monitors. Mr. Brenner
responded that the state of California decided
where to place the air monitors and that EPA had
the option to disapprove any location. Mr. Ray
strongly recommended that EPA provide better
outreach and education to communities to
disseminate information about the agency's air
program because of the highly technical nature of
issues related to air. He expressed concern that
OAR had not convinced communities that they
are involved effectively in the decision-making
processes.
3.2 Worker Protection Work Group
After some discussion, the members of the
subcommittee agreed that the work group had
lost focus since Mr. David Harris, Land Loss
Prevention Project, resigned his membership on
the NEJAC. Mr. Herman suggested that the work
group focus on employees of ship scrap yards
because, he said, conditions at the yards are
"unsafe for employees and cause environmental
contamination." Mr. Lamont Byrd, International
Brotherhood of Teamsters, then agreed to serve
as chair of the work group.
3-5
Enforcement. Subcommittee
3.3 Work Group on Title VI of the Civil Rights
Act of 1964
Mr. Cole infor:med the members of the
subcommittee that the Executive Council of the
NEJAC had forwarded to EPA's Office of Civil
Rights (OCR) comments prepared by the
subcommittee's Work Group on Title VI of the
Civil Rights Act of 1964. Mr. Ray stated that the
comments were prepared by various
stakeholders, making the document very credible.
Mr. Ray strongly suggested that the agency
consider the comments when developing the final
guidance on Title VI. Mr. Cole added that EPA
had established a work group under the National
Advisory Council for Environmental Policy and
Technology to address issues related to Title VI.
Mr. Ray then suggested that the subcommittee's
work group offer its support to EPA's Title VI
Work Group. The members pgreed to do so and
suggested further that the subcommittee's Trtle VI
work group help to define more accurately what
constitutes a community that has concerns
related to environmental justice. The members of
the subcommittee also suggested that the
subcommittee's work group examine EPA's
relationship with states with regard to efforts to
implement and enforce Title VI.
4.0 . PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Enforcement
Subcommittee on issues related to enforcement
and compliance assurance.
4.1 Report on Use of Alternative Dispute
Resolution Related to Environmental
Justice
Mr. David Batson, Alternative Dispute Resolution
Liaison for EPA, identified two objectives of
alternative dispute resolution, a process that EPA
and other entities use to settle issues before
litigation is pursued by a complainant. The two
objectives are:
• Conduct effective negotiation among several
parties for complex situations
• Provision of an avenue of communication
when none had existed
Mr. Batson then informed the members of the
subcommittee that EPA guidance on alternative
3-6
National Environmental Justice Advisory Council
dispute resolution was to be available in May
1999.
Mr. Batson stated that the use of a neutral
mediator had proven successful in negotiations
among communities, EPA, states, and industry on
issues related to the promulgation of rules. He
explained that EPA uses a neutral mediator to
choose members of a community to provide
comments on proposed regulations. He stated
that the exercise has resulted in a 60 percent
decline in the number of cases in which
regulations are brought before the courts. He
added, that if a community is not comfortable with
the mediator, fundihg should be set aside to hire
a mediator that the community believes would
best represent its interests. Mr. Batson then
asked the members of the subcommittee their
views on the role of a neutral mediator in public
participation processes.
Mr. Cole responded that the most common
criticism of the use of a neutral mediator is that an I imbalance of power already exists between
communities and federal or state agencies or
industries involved in the decision-making
process. Ms. Mood -stated that some neutral
mediators are not neutral at all, and Mr. Byrd
added that, in some cases, a neutral mediator can
delay a confrontation that actually may be
necessary. Ms. Harris stated that many obstacles
must be overcome when working with the
community, especially if the services of an EPA
mediator are used. Mr. Batson conceded that,
sometimes, neither he nor any agency mediator
may be the right mediator for a particular
situation.
Ms. Cannon stated that she often witnesses the
imbalance of power at public meetings. She
explained that staff of EPA know who the
representatives of industry are when they enter
the meeting place. She stated that she believes
such personal knowledge puts the community at
a disadvantage. Mr. Herman added that
members of communities often are
disadvantaged further because of the technical
nature of the issues involved in the cases at hand.
Ms. Cannon replied that the community always is
willing to learn; however, training opportunities
are limited. Mr. Ray commented that the agency
continues to fail to address those outstanding
issues. Mr. Batson then recommended that a
member of the subcommittee serve as a liaison to
EPA on these issues. Mr. Ray also
recommended that the members of the
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
subcommittee schedule a conference call to
discuss the issues further.
4.2 Report on Demographic Studies in
Environmental Justice Matters
Mr. James Thompson, EPA Region 3, Office of
Criminal Enforcement, began his presentation by
stating that the first step a criminal investigator at
EPA takes in a case is to determine whether the
case involves concerns related to environmental
justice. To support that determination, he
continued, EPA Region 3's Criminal Investigation
Division had developed a screening tool, a
computer program that assesses the
demographics of a population within a three-mile
radius of the site of concern. Mr. Thompson
explained that the data related to demographics
are extrapolated from the 1990 U.S. Census. The
program provides such information as the
percentage of the population made up of
minorities, the percentage of women who are
pregnant, the percentage of the population living
below the poverty line, the number of children,
and the level of education. Mr. Reginald Harris,
EPA Region 3, added that if the percentage of
minorities within the three-mile radius exceeds
the average percentage for the state, EPA
identifies that area as one that has concerns
related to environmental justice. Mr. Ray urged
that Mr. Thompson share the program with the
states in EPA Region 3. Mr. Thompson replied
that the program is used only as a screening tool,
but added that, eventually, it will be made
available to the states and the public.
4.3 Report on Demographic and Statistical
Applications Related to St. James Parish,
Louisiana
Mr. Loren Hall, EPA Office of Pollution Prevention
and Toxics, discussed the demographic and
statistical analysis conducted by EPA of the
Shintech polyvinyl chloride (PVC) facility that
Shintech Corporation has proposed to build in St.
James Parish, Louisiana. Exhibit 3-6 discusses
the Shintech Proposal. Mr. Hall explained that
the area in the vicinity of the proposed site had
been studied in increments of one-, two-, and
fpur-mile radii of the center of the proposed site.
The analysis was based on the proximity of
residents to a potential source of air emissions
and on historical data on releases used as the
assumption for exposure to toxins, he said. In
addition, Mr. Hall explained, only chronic
symptoms were included in the assessment of the
Oakland, California, June 2, 1998
Enforcement Subcommittee
Exhibit3-6
HISTORY OF OPPOSITION TO THE
PROPOSED SHINTECH FACILITY IN ST.
JAMES PARISH, LOUISIANA
According to the Toxic Release Inventory, St ..
James Parrish currently ranks third in Louisiana
in the level of industrial pollution affecting it.
The city of Convent is situated in a heavily
industrialized area, located. in St. James Parrish,
Louisiana. Currently, approximately 2,000
people live in Convent, of whom 73 percent are
African American and 40 percent live below the
poverty level. ·
Shintech Corporation plans to construct and
operate a polyvinyl chloride production facility
in St. James Parrish. Shintech estimates that its
proposed facility (excluding the incinerator)
annually would release approximately 600,000
pounds of pollutants. That figure is six times the
amount of pollutants currently being released
from existing industries in the area.
Louisiana Department of Environmental Quality
currently is considering whether to grant
Shintech an air permit that will allow
construction of the facility. ·
effects on public health of potential air emissions
from the facility. Mr. Hall added that the data for
the analysis were obtained from information in
EPA's TRI, the state of Louisiana, and a database
of population statistics. Mr. Cole stated that he
believes that, by identifying the populations that
will be affected by the facility by measuring from
the center of the proposed site, EPA is "missing"
other populations. He suggested the radii be
drawn from the boundaries of the proposed
facility, instead of its center.
Mr. Drury suggested that the analysis should
consider acute as well as chronic effects on
human health. In addition he stated, types of
toxins potentially released also should be
considered in the analysis. Ms. Mood asked
whether other impact analyses, specifically the
demographic · data provided by Tulane Law
School also were incorporated into the study. Mr.
Hall replied that information will be incorporated.
Mr. Hall reported to the members of the
subcommittee that the analysis on the proposed
Shintech facility had been published in January
3-7
Enforcement Subcommittee
and revised in April 1998. He explained that
population analyses had been completed for the
areas in the one-, two-', and four-mile radii.
However, he added, only the results for the areas
in the two-and four-mile radii were being used to
determine whether a disparate effect on minority
or low-income populations will occur in St. James
Parish if the facility is constructed. Mr. Hall stated
that the reports are posted on the World Wide
Web at <www.epa.gov/region6lshintechl>.
4.4 Report on the Sector Facility Indexing
Project
Mr. Elliot Gilberg, EPA Office of Compliance,
explained to the members of the subcommittee
that the Sector Facility Indexing Project (SFIP) is
a pilot program that provides consolidated
information about the history of compliance with
· environmental laws by many industrial facilities.
He explained that the SFIP integrates and
consolidates information that can be used by the
public, as well as by government organizations
and industry, to evaluate a company's compliance
record and the chemical emissions of individual
facilities. Exhibit 3-7 summarizes the types of
information available in the SFIP.
Mr. Ray asked whether EPA plans to expand the
database to include chemical industries. Mr.
Gilberg responded that EPA will evaluate the
success of the pilot, and then may expand the
database to include more than five sectors. Ms.
Exhibit3-7
THE SECTOR FACILITY INDEXING
PROJECJ' (SFIP)
Th~_D.S. Environmental Protection Agency's·
• • (EPA) Sector Facility Indexing Project (SFIP)
provides citizens, government agencies, and
industry with comprehensive information about
the compliance history of approximately 650
facilities in five different types of industries
known as s.ectors. The SFIP provides recent
environmental data about each facility, including
information such as .the number of inspections
the facility has undergone, its record of
compliance with federal regulations, its
chemical releases and spills, and related data.
SFIP also includes background data on the
location and production capacity of each facility,
as well as information about the population of
the area in its vicinity.
3-8
National Environmental·Justice Advisory Council
Mood suggested that symptoms associated with
chemicals manufactured at a facility should be
linked to the National Library of Medicine
database, since citizens . then could determine
whether they have been exposed to such
chemicals.
4.5 Report on EPA's Compliance and
Enforcement Program Related to Lead-
·sased Paint
Mr. Gilberg then briefed the members of
subcommittee on EPA's compliance and
enforcement program related to lead-based paint.
Mr. Gilberg explained that common pathways of
exposure to lead-based paint include household
dust that contains lead paint; paint chips from
walls and windows; and flaking exterior house
paint that falls onto soil, where lead leaches from
the flakes into the soiL Mr. Gilberg informed the
members that children of color under six years of
age have the greatest risk of poisoning by lead-
based paint. Because of the health risks to
children, EPA has developed and implemented
the National Lead Strategy Regulatory
Framework he added. Exhibit 3-8 presents
information about EPA'.s National Lead Strategy.
Exhibit3-8
U.S. ENVIRONMENTAL PROTECTION
AGENCY'S (EPA) NATIONAL LEAD
STRATEGY REGULATORY
FRAMEWORK
EPA has developed the following strategy using
a regulatory framework to prevent further
contamination and poisoning of children related
to lead-based paint.
• 1018 Disclosure Rule -EPA requires
owners of a house built before 1978 to
disclose known information about lead paint
to buyers and tenants. Offenders are subject
to criminal and civil penalties
• 402 Lead Abatement Rule -Lead abatement
professionals must be trained and certified.
Training programs must be accredited by
EPA .
• 406 Renovation Rule -Requires contractor
to distribute information prior to renovation
• Lead Debris Rule -Revises the
requirements to make it less expensive to
dispose of lead-based paint products.
Oakland, California, June 2, 1998
I
I
National Environmental Justice Advisory Council
Mr. John Hamill, EPA Region 9, reminded the
members of the subcommittee that the danger of
lead-based paint also exists at day-care centers
and playgrounds.
4.6 Report on EPA's Small Business
Compliance Assistance Centers
Mr. Gilberg also spoke to the members of the
subcommittee about the EPA's Small Business
Compliance Assistance Centers Program. Mr.
Gilberg explained that the small business
compliance assistance centers are an innovative
approach to helping small and medium-sized
businesses nationwide better understand and
comply with federal environmental requirements.
The program, Mr. Gilberg reported, is supported
by EPA's Office of Compliance. Each center, he
continued, has an Internet home page that
focuses on a particular industry and is operated in
partnership with industry, academic institutions,
environmental groups, other federal agencies,
and state agencies. Mr. Gilberg stated that the
goals of the program are to , assist small
businesses by helping them to:
Identify the specific federal environmental
regulations that apply to their particular
· businesses
Take appropriate steps t9 improve their
compliance with environmental regulations
Consider pollution prevention approaches
and environmental improvements that will
increase profits and save money for the
company
Oakland, California, June 2, 1998
Enforcement Subcommittee
Mr. Cole asked how the Internet home page sites
are advertised. Mr. Gilberg · stated that EPA
advertises primarily through conference trade
shows and small business trade associations. He
asked whether the members of the subcommittee
had any suggestions for better distributing
information about the centers. The members of
the subcommittee recommended conducting
outreach to technical and vocational schools, as
well as to state small business ombudsmen.
5.0 SIGNIFICANT ACTION ITEMS
The members of the Enforcement Subcommittee
adopted the following significant actions:
t/ Form two work groups to address
environmental justice concerns related to
citizen suits and community-right-to-know
information about chemical emission
releases.
t/ Forward a letter to the Administrator of EPA
in which the NEJAC requests that EPA
provide to the NEJAC a complete list of the
agency's federal advisory committees that
includes information about diversity among
members of those committees and the steps
EPA takes to ensure that each committee
integrates considerations related to
environmental justice into its efforts.
3-9
MEETING SUMMARY
of the
HEAL TH AND RESEARCH SUBCOMMITTEE
of the
NATIONAL ENVIRONMENT AL JUSTICE ADVISORY COUNCIL
June 2 ,1998
Oakland, California
M_~eting Summary Accepted By:
Lawrence Martin
Co-Designated Federal Official
Mary English
Chair
CHAPTER FOUR
MEETING OF THE
HEALTH AND RESEARCH SUBCOMMITTEE
1.0 INTRODUCTION
The Health and Research Subcommittee of the
National Environmental Justice Advisory Council
(NEJAC) conducted a. one-day meeting on
Tuesday, June 2, 1998, during a four-day meeting
of the NEJAC in Oakland, California. Ms. Mary
English, University of Tennessee Energy,
Environment, and Resources Center, continues to
serve as chair of the subcommittee. Mr.
Lawrence Martin, U.S. Environmental Protection
Agency (EPA) Office of Research and
Development (ORD), and Ms: Carol Christensen,
EPA Office of Pollution Prevention and Toxics
(OPPT), continue to serve as the co-Designated
Federal Officials (DFO) for the subcommittee.
Exhibit 4-1 presents a list of the members who
attended the meeting and identifies those
members who were unable to attend the meeting.
This chapter, which provides a summary of the
deliberations of the Health and Research
Subcommittee, is organized in six sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair and
Ms. Christensen. Section 3.0, Activities of the
Subcommittee, summarizes discussions of the
activities of the subcommittee. Section 4.0,
Presentations and Reports, presents an overview
of each presentation and report received by the
subcommittee, as well as summaries of the
questions and comments the presentations and
reports prompted on the part of the members of
the subcommittee. Section 5.0, Summary of
Public Dialogue, summarizes presentations
offered during the public dialogue period provided
by the subcommittee. Section 6.0, Resolution
and Significant Action Item, presents the
resolution forwarded to the Executive Council of
the NEJAC and the significant action item
adopted by the subcommittee.
2.0 REMARKS
Ms. English opened the meeting by welcoming
the members and reviewing the agenda for the
day's deliberations. She noted that the agenda
would be adjusted to allow the subcommittee to
consider the emergency resolution on dioxin
contamination in the San Francisco Bay area
requested by Mr. Greg Karras, Communities for a
Better Environment, San Francisco, California
Oakland, California, June 2, 1998
Exhibit4-1
HEALTH AND RESEARCH
SUBCOMMITTEE
Members
Who Attended the Meeting
June 2, 1998
Ms. Mary English, Chair
Ms. Carol Christensen, co-DFO
Mr. Lawrence Martin, co-DFO
Mr. Don Aragon
Mr. Douglas Brugge
Mr. Michael DiBartolomeis
Ms. Rosa Franklin
Mr. Penn Loh
Mr. Andrew McBride
Ms. Marinelle Payton
Mr. Carlos Porras
Members
Who Did Not Attend
Mr. Eugene Peters
Ms. Magaret Williams
during one of the public comment periods held on
June 1, 1998. Ms. English pointed out that a
decision must be made on the issue. Ms.
Christensen informed the members of the
subcommittee that she had accepted another
position at EPA and would no longer serve as the
co-DFO. However, she stated, Mr. Chen Wen,
EPA OPPT, would assume the position of co-
DFO, beginning with the November 1998 meeting
of the subcommittee.
Ms. English introduced Mr. William Sanders, EPA
OPPT, who briefly reviewed the activities of his
office. Mr. Sanders then asked the members of
the subcommittee to identify during their
deliberations the "top two or three" research
needs they would like his office to examine.
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section summarizes the discussions of the
members of the subcommittee related to certain
4-1
Health and Research Subcommittee
activities in Which they .were scheduled to
participate. Those activities include a risk
assessment roundtable meeting and a proposed
joint meeting of the subcommittees of the NEJAC
and members of EPA's Children's Health
Protection Advisory Committee (CHPAC), a body
organized, like the NEJAC, under the Federal
Advisory Committee Act (FACA). The two
activities are discussed further below.
3.1 Risk Assessment Roundtable Meeting
Mr. Michael DiBartolomeis, State of California
Office of Environmental Health Hazard
Assessment, led a discussion of the Risk
Assessment Roundtable meeting scheduled for
spring 1999. He requested that the Health and
Research Subcommittee take part in the planning
of the meeting. Specifically, he asked whether
the planning of the meeting should be. a
collaborative effort of all members of the
subcommittee or a responsibility delegated to Mr.
Carlos Porras, Communities for a Better
Environment, and himself. The members agreed
that contributing to the planning and organization
of the forum would be an appropriate activity for
the entire subcommittee.
Mr. DiBartolomeis also requested that members
of the subcommittee suggest issues to be
discussed at the meeting. The members first
discussed several aspects of risk assessment,
particularly those related to the concept of
community-based environmental protection
(CBEP) and community involvement in activities
related to regulatory decision-making processes.
The members of the subcommittee identified
several issues that they agreed participants in the
roundtable meeting should consider. Those
issues included:
• Examination of limitations on the
methodology of nsk assessment that make it
difficult to consider such issues as exposure
of sensitive populations and children to risk,
cumulative effects of exposure to chemicals
in individuals in the United States, the effects
of additives and chemical mixtures, and the
use of the risk assessment process as a tool
for gathering information
• Assessment of existing health conditions in
populations at risk and the use of such
baseline assessments
• Exploration of the limitations of the standard
risk assessment process
4-2
National Environmental Justice Advis9ry Council
• Development of a specific definition of risk
assessment
• Consideration that a comparison of adverse
risks can lead to misunderstanding on the
part of the community
• Study of whether the level of risk should be
presented as a single value or as a range of
values
Mr. DiBartolomeis offered to continue the
discussion of possible topics with various other
interested parties, mentioning specifically the
NEJAC's Waste and Facility Siting Subcommittee.
3.2 Joint Meeting with Members of the
Children's Health Protection Advisory
Committee
After explaining that the subcommittee would
have the opportunity to conduct a joint session
with members of the CHPAC when the two bodies
meet in the same location in November 1998, Ms.
English introduced Mr. Ted Coopwood, EPA
Office of Children's Health Protection (OCHP),
who reviewed the status of preplanning for the
session. Mr. Coopwood noted that such planning
is in its early stages, adding that the goal of his
office in planning the event would be to provide
ample opportunity for interaction among the
"many groups" expected to attend. His office had
made a specific decision, he continued, tq delay
development of the agenda for the meeting until
after the current NEJAC meeting, so that the
members of the NEJAC would have the
opportunity to express their views on the subject.
He asked the members of the subcommittee to
suggest agenda items and to share with him any
other suggestions they might have.
Mr. Porras then stated that it is important to
consider issues affecting children's health from
the perspective of race. He expressed deep
concern about the number of schools the
members of the NEJAC passed during the driving
tours of communities affected by issues of
environmental justice that take place during each
of the council's meetings. Children attending
those schools, he reminded the members of the
subcommittee, are at risk. Identifying several
major issues affecting children's heath, including
contamination of their neighborhoods with
mercury and pesticides, Ms. Marinelle Payton,
Harvard Medical School, stated that children's
health must have high priority. Citing the high
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
rates of asthma among children of color, she
stated that issues related to air quality, both
indoor and ambient, also must be accorded such
high priority. Mr. Douglas Brugge, Tufts
University School of Medicine, then stated that
environmental quality in schools should be
examined in light of the Civil Right~ Act of 1964.
Mr. Rosa Franklin, Washington State Senate,
then suggested that the members consider the
subcommittee's responsibility to ensure that a
collaborative effort is undertaken to address such
issues. Noting that such a collaborative effort
must occur at the state and local levels, Mr.
Andrew McBride, North Carolina Department of
Health and Human Services, then stated that
providing medical care to children who suffer from
asthma and teaching children to manage their
asthma also must be among the priorities.
The members of the subcommittee then engaged
in a brief conversation about the opportunity such
a meeting would provide for the NEJAC to ensure
that the CHPAC includes issues related to
environmental justice in its deliberations. Mr.
Coopwood offered to provide the members of the
subcommittee with copies of the Children's Health
Environmental Yearbook, an inventory of EPA
initiatives related to children's health that was
developed by EPA OCHP. The members agreed
to review the document and provide their
comments to OCHP. 1
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Health and Research
Subcommittee.
4.1 Office of Pollution Prevention and Toxics
Mr. Sanders discussed the initiatives related to
environmental justice that OPPT is implementing.
Those initiatives include: EPA's Chemical Right-
To-Know Strategy (CRTKS), the Environmental
Justice Spatial Analysis Tool, and the
Environmental Indicator Tool. Each of those
initiatives is discussed below.
4.1.1 Chemical Right-To-Know Strategy
Mr. Sanders explained that EPA's CRTKS,
formerly referred to as the Toxics Agenda, calls
for the development of screening data in various
categories according to level of toxicity, including
acute, chronic, reproductive, and ecological
toxicity; fate; and mutagenicity. Data are to be
Oakland, California, June 2, 1998
Health and Research Subcommittee
developed for some 3,000 "high-production"
chemicals, he continued. Currently, Mr. Sanders
stated, there are sets of screening data for only
seven percent of such chemicals. EPA's goal, he
continued, is to develop a complete set of
screening data for each of the remaining
chemicals over the next three years. Mr. Sanders
then described the three components of CRTKS:
• Challenge industry to screen 1,000 chemicals
per year, greatly accelerating the rate of 100
chemicals per year to which the Chemical
Manufacturers Association (CMA) currently
has made a commitment
• Accelerate screening for 491 chemicals that
are found in toys and other products for
children
Identify and lower the threshold values for
chemicals included in the Toxic Release
Inventory (TRI), a database that provides
information to the public about releases into
the environment of toxic chemicals that have
persistent bioaccumulative properties
During their discussion with Mr. Sanders about
his presen'tation, the members of the
subcommittee expressed concern about several
factors related to the CRTKS, including the
establishment of priorities among chemicals for
inclusion in the screening program. Members
expressed specific concern about newly
formulated compounds. Mr. Sanders responded
that EPA has in place a process by which it
reviews new compounds to assess their possible
environmental effects. Of greater concern,· he
added, are chemicals that might be eliminated
from testing by "grandfathering" under the Toxic
Substances Control Act (TSCA) of 1976. He
added that the focus on the · 3,000 chemicals ·
already identified for inclusion is a first step in
establishing priorities for the program. He then
noted that some members of the industry had
cited lack of sufficient laboratory capacity to meet
the goals of the program, but stated his belief that
capacity is adequate to the task. Continuing, Mr.
Sanders stated that the agency is proceeding with
rulemaking that will compel the industry to do the
testing necessary to meet the goals of the
program. The basic goal of the program, he
added, is to identify harmful chemicals, eliminate
them from the market and from products, and
bring safer substitutes to the market.
4-3
Health and Research Subcommittee
4.1.2 Environmental Justice Spatial Analysis
Tool
Mr. Sanders explained that EPA had made little
progress since the last meeting of the NEJAC in
the development of the Environmental Justice
Spatial Analysis Tool. He stated that the effort
had been slowed because a key staff member
working on the project had been assigned to
perform analyses in the case of the chemical
facility proposed by the Shintech Corporation near
Convent, Louisiana. Mr. Sanders reminded the
members of the subcommittee that his office had
, demonstrated the tool for them during an earlier
meeting. He then stated that OPPT currently was
"putting the finishing touches on the tool," which,
he added, should be available by the end of the
year.
4.1.3 Environmental Indicator Tool
The Environmental Indicator Tool, Mr. Sanders
reported, assigns a hazard ranking according to
chronic toxicity to each chemical reported to the
TRI. A weighted value for risk then can be
assigned each chemical according to its chronic
toxicity, he continued, noting that the tool had not
yet been adapted to examine acute toxicity.
Through application of the tool, Mr. Sanders said,
toxicity, relative exposure, and the population
affected can be assessed to develop a weighted
evaluation of relative risk. Mr. Sanders then
stated that the Environmental Indicator Tool
should be available to the public by September
1998.
4.2 Lead-Based Paint Studf
Ms. English reminded the members of the
subcommittee that the Executive Council of the
NEJAC had requested that the Health and
Research Subcommittee review and provide
comments on the EPA report "Lead-Based Paint
Abatement and Repair and Maintenance Study in
Baltimore: Findings Based on the First Years of
a Follow-up" published in August 1997. Exhibit
4-2 presents background information on the
report.· Ms. English · first noted that, in the
subcommittee's discussions of the study during
previous meetings and conference calls,
questions had arisen about the appropriate
involvement of human subjects in various kinds of
. research. She suggested that, while considering
the report they were to hear on the study itself,
the members also should consider such broader
issues as each affects environmental research.
4-4
I
National Environmental Justice Advisory Council
Exhibit4-2
BACKGROUND INFORMATION ON
"LEAD-BASED PAINT ABATEMENT AND
REPAIR AND MAINTENANCE STUDY IN
BALTIMORE: FINDINGS BASED ON THE
FIRST YEARS OF A FOLLOW-UP"
The Health and Research Subcommittee of the
National Environmental Justice Advisory
Council (NEJAC) during its deliberations at its
June 1998 meeting discussed a U.S.
Environmental Protection Agency (EPA) report,
"Lead-Based Paint Abatement and Repair and
Maintenance Study in Baltimore: Findings
Based on the First Years of Follow-up,"
published in August 1997. The report
summarized a study conducted in Baltimore,
Maryland of the effectiveness of three different
levels of lead abatement measures, with
effectiveness measured over time in terms of
dust lead levels and blood lead levels. The
study was conducted by the Kennedy Krieger
Research Institute in Baltimore, Maryland, and
. was funded and managed by EPA' s Office of
Pollution Prevention and Toxics.
The report had been brought to the
subcommittee's attention by Mr. Andrew
McBride, North Carolina Department of Health_
and Human Services, at the December 1997
meeting of the NEJAC. At that meeting, Mr.
McBride raised concerns to the Executive
Council of the NEJAC about the study. The
members of the Executive Council requested
that the Health and Research Subcommittee
review and further investigate the report about
the study.
Mr. Sanders then introduced Mr. Mark Farfel,
Director, Lead-Based Paint Abatement
Department, Kennedy Krieger Research Institute,
principal investigator for the study, as well as
several other individuals present who, Mr.
Sanders said, have expertise in the subject of
lead hazards. Mr. Farfel then presented an
overview of the purpose, conduct, and results of
the study.
Mr. Farfel first noted that, partly as a result of the
study, significant changes had been affected in
public policy in Baltimqre. Under those changes,
he said, "traditional practices that were increasing
lead exposure" had been prohibited. First
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
describing several programs in which the Institute
is involved that address such issues as temporary
housing for people whose homes require lead
abatement and the screening -of children for
exposure to lead. Mr. Farfel then reviewed the
history of lead exposure problems and abatement
efforts in the city of Baltimore since the 1930s,
highlighting his remarks with slides illustrating
conditions in homes in Baltimore over the years.
He pointed out that, in older cities like Baltimore,
much of the housing has lead-based paint and
that, in low-income neighborhoods, the housing
often is in poor condition as well, increasing the
risk of exposure to lead. The system of screening
for lea_d hazards, he continued, traditionally
provided for abatement efforts only after children
had been exposed and become ill. Because
abatement efforts even in such circumstances
were incomplete, he added, many children
returned to homes that remained unsafe and
therefore required repeated medical treatment.
Mr. Farfel noted that lead-based paint was used
in America for more than 70 years, until 1978,
when it was banned. Therefore, he said, "we are
now dealing with a large reservoir of lead."
Mr. Farfel then showed a series of slides that
illustrated traditional methods of removing lead-
based paint, which, for a number of reasons, were
ineffective, he said. Cleanup was haphazard, he
noted, and debris from the cleanup effort seldom
was disposed of properly. The introduction of the
lead dust test, he said, began the process of
demonstrating that such efforts had been
unacceptable. Results of such testing, he pointed
out, indicated clearly that traditional approaches
to lead abatement did not succeed in removing
lead hazards. He then identified improvements in
abatement practices that had been introduced
since the 1980s and described the efforts of
-• eomr#unity groups and city health officials that
had led to the adoption of those practices.
Mr. Farfel then reviewed current conditions in the
city, turning his attention to the repair and
maintenance study.
The objective of the repair and maintenance
study, Mr. Farfel continued, was to measure both
short-and long-term changes in blood lead levels
-in children and in lead levels in house dust
associated with abatement efforts. For the study,
he continued, three levels of repair and
maintenance were selected, and researchers then
tracked reductions in blood lead levels related to
each of the three levels at six month, one year,
and two year intervals after the completion of the
Oakland, California, June 2, 1998
Health and Research Subcommittee
abatement effort. While outlining the mechanics
of the study, Mr. Farfel confirmed that it had been
necessary to the purpose of the study to require
that housing included in the study have lead-
based paint present. He noted that the housing at
all three levels of repair had been subjected to
paint stabilization.
Mr. Farfel then described the sampling of dust,
soil, drinking water, and venous blood carried out
for the study, as well as a questionnaire used to
identify other factors that might affect blood lead
levels in a particular household. Continu-ing his
presentation, Mr. Farfel stated that the results of
the effort had been reported to the Baltimore City
Health Department and that information about
issues related to lead-based paint in housing had
been distributed to the families involved in the
study. The families were informed by letter of the
results of the sampling, he added. Concluding his
presentation, Mr. Farfel reported some results of
the study, which included evidence of sustained
reduction at all levels of repair.
Mr. Farfel's presentation prompted extensive
discussion among the members of the
subcommittee, with several questioning -the
methodology of the study, citing serious concern
about the ethics of the approach. Mr. McBride,
stated that he found it disturbing that children had
been "canaries in the coal mine," pointing out that
children had been provided no protection from
exposure to lead, even though it was clear that
such exposure was occurring. Ms. Payton, Mr.
Porras, and Mr. Brugge . expressed
disappointment about Mr. Farfel's presentation, '
stressing a number of ethical concerns about the
conduct of the study, particularly with regard to
the conduct of research that involves young, low-
income children of color, coupled with failure to
address evident health problems that have long-
lasting neurological effects. Other members of
the subcommittee expressed the opinion that the
purpose of the study was to evaluate the relative
effectiveness of various measures to improve the
families' living conditions, not to conduct medical
-interventions.
Mr. Porras stated that he also had been
"disturbed" by both the tone of the presentation,
which he described as arrogant, and its focus. He
had wished, he said, to hear a discussion of the
ethics of the study, not its conduct. Mr. Don
Aragon, Wind River Environmental Quality
Commission, elaborated on that view, adding that,
in his opinion, individuals found to have elevated
blood lead levels should have been removed from
. 4-5
Health and Research Subcommittee
the study and provided medical care. Further
discussion revealed a high level of concern
among the members of the subcommittee about
the ethical questions raised about the study.
There was general agreement among the
members that the report on the study in some
aspects lacked adequate information in places
and that the report would have benefitted from a
more detailed description of procedures followed ,
especially those procedures that affected the
families involved in the research . In addition, the
members of the subcommittee agreed that the
subcommittee should take on as a task the
development of a set of general guidelines that
indicate what constitutes ethical research when
low-income communities and communities of
col.or are involved and recommend those
guidelines to EPA Members of the subcommittee
developed a written statement which was
forwarded to the Executive Council of the NEJAC
for consideration that outlined the above
recommendations of the subcommittee related to
the study.
5.0 SUMMARY OF PUBLIC DIALOGUE
The section provides summaries of the
presentor's clarifications of testimony offered
during the public comment periods of the meeting
related to pollution in-the San Francisco Bay and
issues affecting the communities of Lake Davis,
California and Midway Village, California, as well
as issues related to community-based
environmental protection (CBEP).
5.1 San Francisco Bay, California
Mr. Porras, on behalf of Communities for a Better
Environment, presented to the subcommittee a
propo~ed resolution related to dioxin pollution in
the San Francisco Bay. He stated that the
resolution urges EPA to intervene to correct the
failure of the state of California to stop ongoing
pollution of the Bay by designating dioxin pollution
of those waters a high-priority pollution problem.
Mr. Porras explained that subsistence fishing in
the Bay occurs frequently among low-income and
minority populations in the area, and dioxin
bioaccumulates in fish tissue, creating a hazard in
the food chain for those populations. In response
to a question about jurisdiction, Mr. Porras
explained that EPA has overall jurisdiction for the
protection of the Bay, and the state must comply
with federal regulations under the Clean Water
Act (CWA). If EPA lists the problem as a priority,
4-6
National Environmental Justice.Advisory Council
.he continued, the state is required to take action,
although, he added, there is no guarantee that
such action will be effective. When Mr. McBride
asked whether the fishing areas are posted with
health warnings, Mr. Porras responded that a
posting requirement is in effect, but that "posting
is not as extensive as it should be." He noted
that, during their driving tour of environmental
justice sites, the members of the NEJAC had
seen people fishing in contaminated waters in an
area that should be posted but is not. He stated
further that the purpose of the program conducted
by Communities for a Better Environment is to
stop existing sources of dioxin pollution from
_continuing to release the pollutant into the Bay. In
answer to another question, he stated that,
although there are many sources of such
pollution , oil refineries are a major source.
Mr. Porras and the other members of the
subcommittee discussed a number of suggested
revisions in the resolution, such as those to
include a reference to priority concern for
children's health and to recommend that health
hazard warnings be posted in the languages of
the populations that engage in subsistence
fishing. The members of the subcommittee then
agreed to forward the proposed resolution to the
Executive Council for consideration. Mr.
DiBartolomeis recused himself from the
discussion of the proposed resolution on dioxin in
the San Francisco Bay and abstained from voting
on the resolution .
5.2 Lake Davis, California
Mr. Mike Gardner, Restore Lake Davis
Committee, addressed the subcommittee about a
case he had brought to the attention of the
NEJAC during one of the public comment periods
held by the council in conjunction with its meeting.
The case, he stated, involved the poisoning of the
waters of Lake Davis, California by the California
Department of Fish and Game in an effort to
eradicate nonnative species qf fish from the lake's
waters. Stating that the department is "one of the
most powerful agencies in the state," Mr. Gardner
told the subcommittee that the department had
poisoned many lakes and streams" in California's
Sierra Valley without the prior knowledge of the
communities affected. The department, he
charged, pursues its efforts to eradicate certain
species of fish without regard for the health of
communities or their economic well being. He
pointed out that tourism dependent on the well-
being of the lake is the major source of income for
residents in his com.munity; that industry had
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
been destroyed by the poisoning, ·he said. Mr.
Gardner then expressed his frustration at his
inability to obtain information from the department
or other agencies about the nature of the
chemicals that had been introduced into the lake.
He expressed the community's need to know
what those chemicals were and whether any
problems related to the poisoning continue to
persist.
In response to the request of the chair, Mr. Mike
Schultz,. EPA Region 9, described the chemical
used to eradicate fish, identifying several trade
names under which it is marketed. He stated that
the chemicals are tested before use and that the
California Department of Health Services (OHS)
and the state water board monitor any body of
water that is treated with the chemicals. In the
case of Lake Davis, he continued, one constituent
of the chemical used did not dissipate as had
been expected and the chemicals placed in the
lake had "gone farther downstream" than had
been anticipated. Mr. Schultz added that OHS
"expects to certify the lake as safe for drinking
water supply." He then noted that Mr. Gardner
had provided "new information" about the case
and pledged to examine that information.
Mr. Gardener then asked the assistance of the
NEJAC in arranging for the testing necessary to
determine whether there is a remaining health
threat in the area. He asked further that the
NEJAC urge EPA · to consider whether the
authority of the California Department of Fish and
Game can be curtailed and the department
compelled to consult with communities before it
takes such actions as he had described. He
mentioned specifically that the lands and fishing
and hunting rights of two Indian tribes had been
affected directly by the department's action at
Lake Davis. The tribes, he continued, had never
been consulted in the matter.
The members of the subcommittee discussed at
length what action might be appropriate for the
subcommittee to take in the case and whether
there are legal issues that pertain to it. A
representative of the Agency for Toxic
Substances and Disease Registry (ATSDR),
informed Mr. Gardner that his agency maintains
a petition process whereby it can consider such
issues and stated that the agency has authority to
investigate current health risks in the area. He
offered to take the case under consideration,
stating that ATSDR had not been involved in it
previously. Ms. English then suggested that Mr.·
Gardner work with ATSDR and that the
Oakland, California, June 2, 1998
Health and Research Subcommittee
subcommittee consider the implications of the
case on public heath in general.
5.3 Midway Village, Vallejo, California
Ms. LaDonna Williams, Director, Midway for Child
Health and Environmental Justice, Vallejo,
California, discussed with the members of the ,
subcommittee the conditions in her community,
which she had described for the Executive
Council at one of the NEJAC's public comment
periods held in conjunction with the NEJAC's
meeting. Her community, she said, is confronted
with "a host of chemicals placed in our air, soil,
and water'' by Pacific Gas and Electric Company.
She described testing of the area that had been
conducted by the Centers for Disease Control arid
Prevention (CDCP) and ATSDR, stating that the
testing had been inadequate. The agencies, she
continued, had tested only 10 percent of the area
but had not tested any members of the
community. The agencies then reported only low
levels of contGimination , and therefore of risk;
those reports then were used to support decisions
that no action was needed to address threats to
human health, she continued. , However, Ms.
Williams stated, members of the community have
evidence that the levels of contamination in the
area do pose a threat to human health; they cited
the medical records of families living in the area,
symptoms exhibited by the community's children,
and evidence of deformities in animal species that
are dependent on local waters. Ms. Williams
asked that the NEJAC urge EPA or the state of
California to conduct additional health screening.
in the community and, in particular, to test the
community's children.
The members of the subcommittee discussed
several issues related to the case Ms. Williams
had presented. Several members endorsed her
statement that current procedures for assessing
such situations do not adequately consider the
community's knowledge about the extent of the
problems present. It was suggested that the
incorporation of community participation in such
assessments could require a change in the way
federal and other agencies perform those
assessments. The memb~rs therefore discussed
the preparation of a resolution focused on
examination of that process and involvement of
communities in it. Mr. McBride stated that the
"public health paradigm is sometimes not that
responsive." Public health agencies should be
encouraged, he said, to be more "proactive and
willing to take a risk, even in cases in which all the
science isn't there." Mr. Porras then suggested
4-7
Health and Research Subcommittee
that the subcommittee consider recommending
that the examinatio(I of the assessment process
include EPA's oversight authority to "ensure that
the evaluation is done in the spirit in which
regulations and public policy intend," as well as
incorporate the agency's procedures for following
up on enforcement.
The members of the subcommittee then
considered a proposed resolution drafted by Ms.
Payton and Mr. Brugge of the NEJAC. The
proposed resolution requests that EPA pay
particular attention to the ways in which
community concerns highlight points related to
the conduct and communication of risk
assessments. Ms. Payton and Mr. Brugge
explained that the proposed resolution also ,
requests that EPA examine and prepare a report
on the agency's protocols, methods, and activities
related to environmental assessments in light of
comments received from members of
communities. The resolution also stated that the
report should include a plan setting. forth the
action the agency . will take to bridge the gap
between community concerns and agency
practices. The members agreed to adopt an
action item under which the subcommittee agreed
to draft a proposed resolution on the issue.
5.4 Community-Based
Protection
Environmental
Representatives of the Pacific Institute, the Asian
· Pacific Environmental Network, explained that
valuable information is obtained through CBEP
projects. · They requested that the NEJAC urge
EPA to:
Provide additional opportunities for public
participation in the implementation of CBEP
JJ!f:Ojects
• Provide additional funding for community-
based research
Ms. Franklin expressed concern about the lack of
collaboration between the EPA and members of
communities. Mr. DiBartolomeis commented that
community-based research can bring forth
significant scientific findings.
4-8
National Environmental Justice Advisory Council
6.0 RESOLUTION AND SIGNIFICANT
ACTION ITEM
This section summarizes the resolution the Health
and Research Subcommittee forwarded to the
Executive Council of the NEJAC for consideration
and the /significant action item adopted by the
subcommittee.
The members discussed a resolution in which the
NEJAC urges EPA to identify the continued dioxin
pollution of the San Francisco Bay a high-priority
pollution 'problem re.quiring immediate action,
thereby forcing the state to take action to prevent
that pollution.
The members also adopted the following action
item:
t/ Draft a proposed resolution for consideration
by the Executive Council of the NEJAC in
which the NEJAC requests that EPA pay
particular attention to the ways that the
concerns of communities highlight issues
related to the conduct and communication of
risk assessments. In addition, the NEJAC ·
· requests that EPA examine and prepare a
detailed report on its protocols, methods, and
activities related to environmental
assessments in light of comments the agency
receives from communities. The report also
should include a plan settingforth the action
the agency will take to bridge the gap
between community concerns and agency
practices. Last, the proposed resolution
requests that EPA distinguish in the report
between areas in which the agency can
undertake changes within the scope of its
current mandate and those that would require
legislative action.
Oakland; California, June 2, 1998
MEETING SUMMARY
· of the
INDIGENOUS PEOPLES SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2, 1998
Oakland, California
Meeting Summary Accepted By:
Daniel Gogal
Acting Designated Federal Official
Thomas Goldtooth
Acting Chair By Proxy
CHAPTER FIVE
MEETING OF THE
INDIGENOUS PEOPLES SUBCOMMITTEE
1.0 INTRODUCTION
The Indigenous Peoples Subcommittee of the
National Environmental Justice Advisory Council
(NEJAC) conducted a one-day meeting on June
2, 1998, during a four-day meeting of the
Executive Council of the NEJAC in Oakland,
California.· Because Mr. James Hill, Klamath
Tribe and chair of the subcommittee, was unable
to attend the meeting, Mr. Tom Goldtooth served
as acting chair through a proxy for the meeting.
Mr. Daniel Gogal, U.S. Environmental Protection
_Agency (EPA), Office of Environmental Justice
served as the Acting Designated Federal Official
(DFO) for the subcommittee. Exhibit 5-1 presents
a list of the members who attended the meeting
and identifies the member who was unable to
attend.
This chapter, which provides a summary of the
deliberations of· the Indigenous Peoples
Subcommittee, is organized in five sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair.
Section 3.0, Activities of the Subcommittee,
presents a summary of members' discussion of
the development of a guidance on tribal
consultation for the subcommittee and the
establishment of work groups to address issues
related to Title VI of the Civil Rights Act of 1964
and sacred sites. Section 4.0, Presentations and
Reports, summarizes presentations made to the
subcommittee and reports it received on issues
related to the environmental justice concerns of
indigenous peoples. Section 5.0, Resolutions and
Sigl)jicant Action Items, summarizes the
• ~ resolutions the subcommittee forwarded to the
Executive Council of the NEJAC for consideration
and significant action items the subcommittee
adopted during its discussions. · '
2.0 REMARKS
Mr. Goldtooth opened the subcommittee meeting
by first welcoming the members present and the
DFO and then asking Mr. Wally Antone, Five
Colorado River Tribes, to open the meeting with
an invocation. Mr. Goldtooth then emphasized
that EPA should ensure that the membership of
the subcommittee appropriately reflect the
makeup of stakeholder groups, to ensure that the
communities are 'represented.
Oakland, California, June 2, 1998
Exhibit 5-1
INDIGENOUS PEOPLES
SUBCOMMITTEE
Members
Who Attended the Meeting
June 2, 1998
· Mr. Tom Goldtooth, Acting Chair By Proxy
Mr. Daniel Goga!, Acting DFO
Mr. Dwayne Beavers
Ms. Aste! Cavanaugh
Mr. George Godfrey
Mr. Brad Hamilton
Ms. Sarah James
Mr. Richard Monette
Mr. Charlie Stringer
Member
Who Was Unable To Attend
Ms. Christine Benally
3.0 ACTIVITIES OF THE SUBCOMMITTEE
This section discusses the activities of the '
subcommittee, which included a discussion of the_
development of a guidance on tribal consultation
for the subcommittee and a discussion of the
establishment of three work groups of the
subcommittee to develop the guidance on tribal
consultation as well as to address tribal issues
related to Title VI of the Civil Rights Act of 1964
and sacred sites.
3.1 Development of a Guidance on Tribal
Consultation
Mr. Gogal . led the discussion about the
development of a guidance to improve
communications between the subcommittee and
tribes. He reminded the members of · the
subcommittee that, at the December 1997
meeting of the NEJAC, the subcommittee had
adopted an action item to develop such a
guidance. Mr. Gogal recommended that the
members of the subcommittee use the Model
5-1
Indigenous Peoples Subcommittee
Plan for Public Participation developed by the
Public Participation and Accountability
Subcommittee of the NEJAC (as a guide) to
assist the members in drafting the
subcommittee's guidance. Mr. Richard Monette, ·
University of Wisconsin School of Law, and Mr.
Brad Hamilton, State of Kansas, Native American
Liaison, agreed with Mr. Gogal that the model
plan would be an appropriate reference to assist
the subcommittee in developing its own guidance;
Mr. Hamilton commented, ,however, that the
language used in the guidance should be defined
carefully and couched in a context that is specific
to tribes. Mr. Goldtooth also suggested that the
guidance discuss the appropriate relationship
between state and tribal governments and
encourage states to interact more frequently with
nongovernment tribal organizations other than the
tribal government. Mr. Goldtooth stated further
that the guidance should outline clearly EPA's
responsibilities related to both federally and state-
recognized tribes. Mr. Hamilton strongly agreed,
stating that issues related to tribal sovereignty, the
relationship of tribal governments to other
governments, must be defined clearly.
Mr. George Godfrey, Haskell Indian Nations
University, expressed concerned about the
continued use of the word "tribe,• pointing out that
the people of many native Hawaiian and Alaskan
Villages do not consider themselves tribes. He
recommended that the term "indigenous peoples"
be substituted for the word "tribe" to ensure that
all native communities are included in such
references. Mr. Charles Stringer, _White Mountain
Apache Tribe, added that the subcommittee
should use the guidance has an opportunity to
educate federal and state agencies in the concept
that tribal governments and ·other tribal
organizations are unique entities. Ms. Sarah
James, Council of . Aphabascan Tribal
Government, stated that.the su_bcommittee should
be careful to avoid duplicating existing efforts that
may be similar to the proposed guidance
document She also noted that the subcommittee
should ensure that the guidance will benefit
grassroots tribal organizations, in addition to tribal
governments, because the subcommittee was
established to help such grassroots organizations
gain access to EPA Ms. Astel Cavanaugh, Spirit
Lake Nation, echoed Ms. James' statement . by
emphasizing the significance of assisting tribal
grassroots organizations. Ms. Cavanaugh also
recommended that the mission statement of the
subco·mmittee be included in the guidance.
5-2
National Environmental Justice Advisory Council
Continuing the discussion of the guidance, Mr.
Dwayne Beavers, Cherokee Nation, strongly
urged the members of the subcommittee to
consider and identify the audience for whom the
guidance is intended and how the guidance will
distributed. Mr. Beavers expressed concern that
the guidance will not be distributed to the
organizations or agencies that should receive it.
Mr. Gogal responded that the subcommittee could
recommend to the Executive Council of the
NEJAC how the document should be distributed.
'
Several members of the subcommittee suggested
that the guidance also include:
• A list of points of contact at federal agencies
related to environmental justice
• A list of Internet addresses related to
environmental justice and indigenous peoples
• Discuss how to obtain copies of information
about Indian policies at federal agencies
• A list of law firms that offer pro bono legal
services related to environmental justice
• A list of tribal organizations that provide
assistance related to environmental justice
Summarizing the discussions about the guidance,
Mr. Monette stated that he believed the members
had been discussing two different types of
consultation guidances: a guidance for federal
and state agencies on imwoving communications
with tribes and another guidance that focuses on
the relationship between tribal grassroots .
organizations and tribal governments. Mr.
Monette cautioned the members . of the
subcommittee about developing a guidance for
addressing the latter issue. He expressed his
belief that the subcommittee should not develop
a guidance that directs tribal governments on
interacting with other entities. Mr. Monette
recommended that the subcommittee instead
develop a guidance that addresses how federal
and state agencies can improve their consultation
with tribes. Mr. Godfrey recommended that, to
achieve that purpose, the subcommittee modify
the Model Plan for Public Participation to reflect
principles related to indigenous peoples' and
environmental justice.
In response to a question from Mr. Hamilton
about whether EPA will be responsible for
formatting the guidance document, Mr. Gogal-
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
stated that EPA would be available to assist in
carrying out the project. The members of the
subcommittee agreed to form a work group that
would be responsible for developing the guidance
document. Mr. Hamilton agreed to serve as chair
of the work group and would draft a proposed
resolution about establishing the work group for
the consideration of the Executive Coun,cil of the
NEJAC. Mr. Monette and Mr. Stringer expressed
interest in serving as a member of the work group
even though their terms were expiring. The
members of the subcommittee then agreed to
continue by teleconference call their discussions
of the guidance.
The next section of this chapter describes two
other work groups the subcommittee considered
establishing.
3.2 Establishing Work Groups of the
Subcommittee
This section summarizes the discussions of the
subcommittee about the establishment of work
groups to address issues related to Title VI and
Sacred Sites.
3.2.1 Subcommittee Work Group on Title VI
Mr. Monette began the discussion by informing
the members of the subcommittee that EPA had
established the Title VI Work Group, under EPA's
National Advisory Council for Environmental
Policy and Technology. The work group, he said,
had been formed to address issues related to
Title VI of the Civil Rights Act of 1964, particularly
EPA's interim guidance for addressing
administrative complaints filed under Title VI
which challenge permitting decisions. Through
the guidance, Mr. Monette explained, EPA is
attempting to develop a mechanism to enforce
requirements for consideration of Trtle VI, many of
which address the principles of environmental
justice, during the permitting process. He then
stated that he believes the subcommittee should
address the issue directly because the interim
guidance and resolutions of other issues related
-to Title VI could have serious implications for the
civil rights of tribes.
Mr. Goldtooth then stated that the Administrator of
EPA had made a commitment to ensure that the
agency is in compliance with Title VI; he
expressed concern, however, about how the
interim guidance will be applied to facilities in
Indian Country. He recommended that EPA's
Oakland, California, June 2, 1998
Indigenous Peoples Subcommittee
Title VI Work Group hold a meeting in Indian
Country to focus on issues related to Title VI and
tribes. Mr. Goldtooth also recommended that the
subcommittee establish its own work group on
Title VI to investigate the issues in more detail.
Mr. Monette agreed, adding that EPA must
identify an effective method · of consulting and
educating tribes about Title VI because of the
serious effects any policies or guidance related to
Title VI could have in Indian Country. Mr. Monette
also stated that he believes tribes were not
accorded the same consideration as states and
industry when comments on the interim guidance
were solicited. He suggested that the
subcommittee forward a letter to the Executive
Council of the NEJAC. In the letter, he continued,
the subcommittee should request that the
Administrator of EPA convene a meeting of EPA's
Title VI Work Group in Indian Country, as well as
distribute to all federally recognized tribes all
information related to the Title VI and interim
guidance as an initial step in outreach. Mr.
Beavers then recommended that EPA's Office of
Civil Rights (OCR) work closely with EPA's
American Indian Environmental Office on the
issue.
The members of the subcommittee agreed to
postpone the submittal of a request to establish a
subcommittee work group on Title VI under the
NEJAC, pending the receipt of a response to the
letter to be sent to the Administrator of EPA.
3.2.2 Work Group on Sacred Sites
Mr. Goldtooth reminded the members of the
subcommittee that, during the public comment
period held by the Executive Council of the
NEJAC on June 1, 1998, several commenters
had requested that the ., Indigenous Peoples
Subcommittee establish a work group to address
issues related to environmental justice and sacred
sites. He explained that, at every meeting of the
subcommittee, participants request the NEJAC's
assistance in their efforts to halt the destruction of
sacred sites of indigenous peoples. Mr.
Goldtooth then stated that a work group
addressing the issue could examine how the
· concept of environmental justice applies to sacred
sites. Ms. Cavanaugh stated that, if the
subcommittee were to establish such a work
.group, tribal elders and tribal traditionalists must
be included in its membership to ensure that the
decisions of the work group are informed and will
not risk giving in$ult to tribal governments. She
also recommended'that the various regions of the
5-3
Indigenous Peoples Subcommittee
country be represented in the membership of the
work group to ensure that a broad and diverse
range of views will be included in the group's
discussions.
Mr. Monette stated that he believes that EPA
should be addressing the issue directly and that
the NEJAC should strongly urge the agency to do
so. Mr. Gogal stated that there is a lack of
recognition on the part of the agency to identify
what is a sacred site and what that site represents
to indigenous peoples. Mr. Stringer then stated
that the proposed work group could assist EPA in
its effort to understand what constitutes a sacred
site. Mr. Gogal recommended that the
consultation guidance could provide an avenue
through which to address the application of the
concept of environmental justice to sacred sites.
He then recommended that the subcommittee
decide whether the work group should investigate
how the subcommittee or EPA should address
environmental justice issues that are related to
sacred sites.
Continuing the discussion, Mr. Monette
recommended that the two work groups proposed
by the subcommittee be merged because, he
said, he believes that during discussions of Title
VI, issues related to sacred sites also will arise.
The r:nembers of the subcommittee then agreed
to postpone for future teleconference calls the
decision to submit a request that a work group on
sacred sites be established.
4.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Indigenous Peoples
Subcommittee.
4.1 Proposed King William Reservoir, King
William County, Virginia
Mr. Thomas Roberts, Van Ness Feldman, P.C.,
provided to the subcommittee an update about
the King William Reservoir, a 1,500-acre
municipal water storage reservoir proposal for a
site near the city of Newport News, in King
William County, Virginia. During the December
1997 meeting of the NEJAC, Mr. Roberts
reminded the members of the subcommittee that
the Executive Council had forwarded a resolution
to the Administrator of EPA in which the NEJAC
requests that EPA advise the U.S. Army Corps of
Engineers (USACE) that the environmental
impact statement (EIS) developed for the
5-4
National Environmental Justice Advisory Council
proposed reservoir did not address adequately
the social, economic, and cultural effects such a
project would have on the Mattaponi Indian Tribe.
The resolution requested further that EPA
recommend that USACE conduct a supplemental
EIS that would include such considerations.
Exhibit 5-2 provides a description of the proposed
. project.
Mr. Roberts reminded the members of the
subcommittee that he is an attorney representing
the city of Newport News in its efforts to construct
the reservoir. He explained that USACE had not
made a decision about whether a supplemental
EIS will be conducted. He also informed the
members df the subcommittee that he and the city
of Newport News had established a consistent
dialogue with the Mattaponi Tribe; however, he
added, to prevent construction of the reservoir,
the tribe is investigating the possibility of filing
with EPA an administrative complaint under Title
VI to challenge the permits to be issued under the
· Clean Water Act. ·
Mr. Stringer asked about the status of the permits
governing construction of the reservoir. Mr.
Roberts responded that the Virginia Water Quality
Commission had issued permits but had placed
several conditions on the permits. Those
ExhibitS-2
THE PROPOSED KING WILLIAM
RESERVOIR
The King William Reservoir is a proposed
1,500-acre municipal water storage reservoir in
King William County, Virginia. The primary
source of water for the reservoir will be the
Mattaponi River. The pumping station will be
located in a tidal freshwater portion of the river,
approximately five and one-half miles upstream
of the Mattaponi Indian Reservation. The
project is designed to protect the river by
"skimming" from high flows and reducing or
ceasing withdrawal during low flows, with a
strict minimum. The water will be stored in the
reservoir until needed and then pumped through
a pipeline to another reservoir from which it will
be withdrawn for ultimate use. The King
William Reservoir is one element of a three-part
strategy selected to meet the projected municipal
water needs of the lower peninsula area of
southeast Virginia.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
conditions, he said, include limits on the amount
of water that can be withdrawn from the Mattaponi
River and pumped into the reservoir and on the
amount of water that can be released regularly
from the reservoir to maintain consistent water
levels in a nearby creek. Mr. Roberts explained
that the conditions of the water permits will reduce
the safe daily yields from the reservoir, as well as
leave the city of Newport News short of the supply
needed to meet the demand for water that is
projected for the year 2040. '
Ms. Samantha Fairchild, EPA Region 3, added
that EPA continues to recommend that USAGE
conduct a supplemental EIS that includes an
environmental justice analysis of the case to
identify the adverse effects of the proposed
project on the tribe's subsistence fishing, as well
as other cultural activities.
4.2 National Petroglyphs Monument,
Albuquerque, New Mexico
Ms. Laura A. Weahkee, Petroglyphs Monument
Protection Coalition, provided an update on the
effort to prevent the construction of a highway
through the National Petroglyphs Monument,
located near Albuquerque, New Mexico (see the
summary report of the May 1997 meeting of the
NEJAC for additional details about this case). Ms.
Weahkee first reminded the members of the
subcommittee that the monument in Albuquerque
preserves markings made by early Native
Americans on rocks located in a lava bed near the
city. There are more than 15,000 individual
petroglyphs in the area, she said. To Native
American peoples, she continued, it is important
to maintain the integrity of the entire lava bed,
which, she noted, is a sacred site still in use.
Noting that in 1997 her father had submitted
testimony t6 the NEJAC, · Ms. Weahkee stated
that, since that time, Congress had "given the
area back ~o the city of Albuquerque" to construct
a highway that would run through portions of the
petroglyphs monument area. Ms. Weahkee then
suggested that the NEJAC form a committee to
determine how Native Americans and their issues
fit into the environmental justice process and
research the ways in which Title VI, which does
not address cultural and religious issues, affects
Native Americans. She noted that "her people"
are wary of filing a complaint under Title VI
because of the need to protect their sovereign
status.
Oakland, California, June 2, 1998
Indigenous Peoples Subcommittee
Mr. Goldtooth added his observation that the city
of Albuquerque had identified "creative ways" to
use federal funds so that federal funds for
construction of the highway will not be used for
the section that runs through the monument area.
Mr. Gogal then reminded the members that, at the
May 1997 meeting of the NEJAC the
subcommittee had forwarded a · letter to the
Administrator of EPA that discussed the
environmental justice implications of any
destruction of the petroglyphs. Mr. Monette
requested that EPA OEJ provide to the members
of the subcommittee any comments received on
the Title VI interim guidance that are pertinent to
the concerns of indigenous peoples or their status 1
in relation to Title VI.
4.3 Arctic Native Village, Fort Yukon, Alaska
Ms. James led a discussion of the continuing
pollution near Arctic Native Village that threatens
the subsistence fishirig practices of the people of
the village. She explained that issues related to
solid waste are the primary concern in the case
because the lack of roads in the area results in a
continued buildup of waste that then migrat~s into
nearby rivers. She also explained that the village
is located along the southern boundary of the
Arctic National Wildlife Refuge and that the
federal government does not have sufficient funds
to monitor the refuge. Ms. James continued by
stating that it is difficult for the appropriate federal
personnel to visit rural areas of Alaska to observe
the destruction that the buildup of solid waste is
wreaking on the way of life of many Native
Americans." •
Mr. Hansen stated that the issues faced by Native
Alaskan villages are complex because the
villages do not have the same regulatory standing
as tribes located in the 48 contiguous states.
Therefore, he explained, the villages cannot be
given regulatory authority to manage solid waste
programs. Mr. Stringer pointed out that even
though there is "no Indian Country" in Alaska, that
circumstance does not preclude the
subcommittee from addressing the issues
presented by Ms. James. He recommended that
the subcommittee consider establishing a work
group to address. issues related to Alaskan
Natives· and sacred sites. Mr. Hamilton also
recommended that the NEJAC host a roundtable
meeting in Alaska to address such issues
because, he said, polluting of such animals and
fish as the caribou and the salmon also is
destroying "an entire way of life."
5-5
Indigenous Peoples Subcommittee
Members of the subcommittee agreed to forward
a letter to the Executive Council in which the
NEJAC requests that EPA sponsor a roundtable
meeting in Alaska to discuss issues related to
environmental justice and Native Alaskans.
4.4 Mount Shasta, California
Ms. Michelle Berditschevsky, Native Coalition for
Mount Shasta, California, first reminded the
members of the Indigenous Peoples
Subcommittee that she had addressed them
during their meeting in December 1997. Pointing
out that Mount Shasta, California is a site sacred
to several Native American tribes, she then stated
that such sacred sites had been "impinged upon"
disproportionately for at least 150 years citing the
ski resorts that have been constructed on the
. mountain. The remaining sacred sites, she
declared, must be protected because they are
essential to the cultural survival of native peoples
and "of all of us." In response to the resolution
adopted by the NEJAC during its February 1998
meeting, she reported that the U.S. Forest
Service (USFS), U.S. Department of Agriculture
(USDA), will recommend revocation of the permit
issued for development of a ski resort on Mount
Shasta. The mountain once had been listed on
the National Register of Historic Places, Ms.
Berditschevsky continued, but much of the
mountain had been removed from the register to
accommodate the proposed ski resort. Today,
she stated, only the portion of the mountain above
the tree line and one sacred site are registered.
She asked that the USFS be encouraged to
develop a cultural management plan foI Mount
Shasta so that the elders and people of Native
American tribes need not "prove its status over
and over again and so that the sacred relationship
with Mother Earth may be preserved." Exhibit 5-3
provides a description the cultural significance
Mount Shasta holds for indigenous peoples.
Ms. Berditschevsky requested that the NEJAC or
the Indigenous Peoples Subcommittee appoint a
liaison to discuss with the USFS and the U.S.
Department of the Interior (DOI) the
environmental justice implications that she said
would arise if the entire mountain is not placed on
the National Register. Mr. Goldtooth reminded
the members of the subcommittee that the
resolution that had ,been forwarded to the
Administrator of EPA called upon EPA to ensure
that DOI conduct meaningful consultation with the
affected tribes. He requested that EPA Region 9
5-6
National Environmental Justice Advisory Council
ExhibitS-3
CULTURAL SIGNIFICANCE ~F
MOUNT SHASTA TO INDIGENOUS
PEOPLES
Mount Shasta, California has held religious and
cultural significance for indigenous peoples
since time immemorial as a center, balancing the
forces of the world by uniting the energies of
heaven and earth. The mountain holds the most
prominent position in an interconnected
topography of Shasta, Pit River, Wintu, Karuk,
Okwanuchu, and Modoc tribal territories.
Over generations and into present times, Native
Americans have used specific sites on Shasta for
the training of medicine men and women, for
spiritual quests, and for healing and spiritual
guidance. On the lower slopes, plants and other
natural materials are gathered for food and for
medicinal and ceremonial use.
For more than nine years, a coalition has been
working to preserve the environmental and
cultural integrity of Mount Shasta. Participants
in the Native Coalition for the Cultural
Restoration of Mount Shasta include the Pit
River Tribe, the Shasta Nation, Resighini
Rancheria, Local Indians for Education, the
lntertribal Council of California, the California
Council of Tribal Governments, and Save
Mount Shasta.
provide assistance to Ms. Berditschevsky to
ensure that consultations occur.
4.5 Medicine Lake Highlands, California
Mr. Floyd Buckskin, Coalition Chairperson and
Cultural Spokesperson for the Pit River Tribe,
Native Coalition for Medicine Lake Highlands
Defense, California, stated that there had been no
resolution of the issues related to the
development of geothermal power production in
· the Medicine Lake Highlands area since he had
raised the issue at the December 1997 meeting of
the NEJAC. In the six months since the meeting,
he said, a number of actions and events had
occurred that had given rise to additional
concerns and prompted him to come once again
before the council. The proposed power plants,
Mr. Buckskin continued, would have "a huge
Oakland,.talifomia, June 2, 1998
National Environmental Justice Advisory Council
effect' on now-pristine lands that are sacred
areas to the tribes that live in their vicinity. Mr.
Buckskin pointed out that the draft EIS prepared
by the USFS and the Bureau of Land
Management (BLM), DOI,. for two of the four
proposed plants, the Thunder Hill and Fourmile
Hill projects, do not address cumulative effects of
the projects. The USFS and the BLM, he stated,
had failed to examine these issues, despite EPA's
request that the agencies prepare for the four
projects a single EIS that considers cumulative
effects. Mr. Buckskin characterized the actions of
the USFS and the SLM as "insensitive to Native
American religions and dismissive of them."
Mr. Buckskin stated further that the tribes affected
continue to oppose the geothermal projects,
adding that the sacred lands soon were to be
considered for inclusion on the National Register
of Historic Places. Continuing, Mr. Buckskin
stated that no ethnographic study had been
included in the EISs and that neither the potential
effects of the projects on groundwater nor those
on surface water had been considered. He then
stated that the labeling of such projects as "green
energy" projects is "outrageous" because the
projects "would destroy a beautiful and sacred
natural area." Mr. Buckskin then asked that the
NEJAC recommend that EPA develop criteria for
the designation of a technology as a "green
energy" approach. He submitted language for a
proposed resolution that his organization had
prepared for the consideration of the NEJAC.
Mr. Stringer stated that the subcommittee could
forward to the Executive Council an emergency
resolution about the issue; however, he stated, he
has only limited experience with the concept of
green energy. Ms. Cavanaugh agreed, stating
that f!te label of green energy has little meaning
• "'for tribes. She also stated that she could not
endorse a resolution about concepts that she
does not understand very well and suggested that
she would need additional information about the
issues so that she could make an informed
decision. Mr. Beavers requested that EPA
provide to the members of the subcommittee
information about the concept of green energy
and how it is defined by federal agencies. Ms.
Karen Beastrnan, EPA Region 9, responded that
she believes that EPA -may not have the
regulatory authority to define such a concept Ms.
Clarice Gaylord, EPA Region 9, also responded
by suggesting that the subcommittee recommend
to the Executive Council of the NEJAC that it
forward a letter to the Administrator of EPA in
Oakland, California, June 2, 1998
Indigenous Peoples Subcommittee
which the NEJAC requests that EPA, through its
position on the lnteragency Work Group on
Environmental Justice (IWG), 'Suggest that DOI
and the U.S. Department of Energy .(DOE) work
together to define and address issues related to
green energy and the effects that the production
of green energy might have on sacred sites.
Mr. Willard Chin, EPA Region 9, added that EPA
Region 9 had been endeavoring to identify the
appropriate federal agency through which to
address the issue of green energy and hold that
agency accountable under the provisions of the
environmental justice strategy the agency was
required to develop in response to Executive
Order 12898 on Environmental Justice.
The members of the subcommittee agreed to
forward a letter to the Executive Council in which
the NEJAC requests that EPA work with the IWG
on environmental justice to address
environmental justice issues · related to the
production and use of green energy.
4.6 Puna, Native Lands Institute, Hilo, Hawaii
Ms. Lehua Lopez, Vice President, Caring and
Taking Care of the Good That Is Puna, Native
Lands Institute, Hilo, Hawaii, explained to the
council that Hawaii is a "growing" island, affected
by its five volcanoes, one of which, she said, has
been erupting continuously since 1983. She then
stated that her. organization opposes the
development of geothermal wells in Hawaii on the
basis of First Amendment rights to freedom of
religion. The coalition of Native Hawaiians had
been successful in fighting extensive
development of geothermal energy production in
Hawaii, she continued, although one small plant
has been operating since 1991. Ms. Lopez then
stated that such geothermal production poses
health threats related to the emission of hydrogen
sulfide, as well as the threat of contamination of
groundwater caused by corrosion of well casings.
Ms. Lopez then emphasized that the area for
which geothermal energy projects are proposed
is a sacred site. Use of the steam to generate
profit, she stated, would violate a deity of Native
Hawaiians, prevent the people from honoring their
deity, and constitute sacrilege. Ms. Lopez asked
that the NEJAC support the cause and protect the
rights of Native Hawaiian people.
Mr. Beavers volunteered to work with Ms. Lopez
after the meeting to develop a resolution related
to th_e prevention of further geothermal projects
5-7
Indigenous Peoples Subcommittee
for the consideration of the Executive Council
during the next meeting of the NEJAC, scheduled
for November 1998.
4.7 San Bruno Mountain Ohlone Shell Mound,
San Francisco, California
Mr. Charles Miller, Law Office of Charles Miller,
described the San Bruno Mountain Ohlone Shell
Mound; which the Pajaro Valley Ohlone Indian
Council and San Bruno Mountain Watch seek to
preserve. Mr. Miller stated that the shell mound is
located along the western shore of San Francisco
Bay, at the base of San Bruno Mountain. Built up
over centuries by the deposit of shellfish from the
Bay, Mr. Miller continued, the mound dating to
some 5,000 years ago is the oldest site of human
occupation on the San Mateo Peninsula. The
Ohlon.e people used such shell mounds as
combination villages and ceremonial and burial
sites, Mr. Miller explained further. "Such was the
case with the San Bruno Mountain Ohlone Shell
Mound," he added. In 1989, a limited study of the
mound revealed the remains of at teast 15
people, Mr. Miller continued, a discovery that
suggests that other burials exist at the site. He
added that evidence of fires and numerous
artifacts also have been found at the site. Mr.
Miller stated further that the shell mound is one of
the most significant Ohlone village and burial
sites in the Bay region and that it remains a
sacred site to the Ohlone people. However, he
continued, Sterling Pacific Management Services
of Phoenix, Arizona plans to build a residential
and commercial development, called Terrabay, in
the area in which the mound is located. Mr. Miller
said that the project would destroy the San Bruno
Shell Mound. Current plans for the project, he
noted, would cover or pave over most of the shell
mound.
Currently, Mr. Miller went on, Sterling Pacific and
the city of South San Francisco are preparing for
public comment a draft environmental impact
report (EIR}, as required under the California
Environmental Quality Act. However, he charged,
even though construction of the necessary
freeway interchange would be supported by
federal funds and the commercial development
likely would require a permit from the USAGE
under the Clean Water Act, there is no indication
that those parties plan to comply with the
requirements of applicable federal statutes. Mr.
Miller emphasized that the Ohlone people at no
time had been consulted about the Terrabay
project, as federal law requires, nor, he added·,
5-8
National Environmental Justice Advisory Council
had an ethnographic and anthropological study of
the shell mound been performed. In short, he
said, the effects of the, project on th~ shell mound
and the Ohlone culture had not been studied and
evaluated. Mr. Miller then stated that the Pajaro
Valley Ohlone Indian Council and San Bruno
Mountain Watch request that the NEJAC pass an
emergency resolution requesting that the EPA
administrator investigate the Terrabay project and
seek compliance with all applicable federal laws.
Mr. Miller also submitted for the consideration of
the NE:JAC a written statement on the issue by
Mr. Patrick Orozco, Headman, Pajaro Valley
Ohlone Indian Council.
Mr. Goldtooth announced that the Pajaro Valley
Ohlone Indian Council had submitted a resolution
that it wished the subcommittee to adopt and
forward to the Executive Council of the NEJAC for
consideration. The members of the
subcommittee agreed to forward an emergency
resolution to the Executive Council to request that
EPA work through the IWG on environmental'
justice to address the issues raised by Mr. Miller.
5.0 RESOLUTION AND SIGNIFICANT
ACTION ITEMS
This section summarizes the resolution discussed
by the members of the Indigenous Peoples
Subcommittee and forwarded to the Executive
Council of the NEJAC for consideration. In
addition, this section provides a list of significant
action items adopted by the subcommittee.
The members discussed a resolution in which the
NEJAC requests that EPA work closely with the
Ohlone people to understand more fully the
cultural issues involved in the proposal for the
construction of 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
related to the project. The resolution was
forwarded to the Executive Council of the NEJAC
for consideration.
Members of the subcommittee adopted the
following action items:
~ Develop a guidance that would assist state
and federal agencies in communicating
effectively with tribes and providing
meaningful consultation.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
t/ Request that the NEJAC sponsor a
roundtable meeting in Alaska to discuss
issues related. to environmental justice,
Native Alaskans, and sacred sites.
t/ Forward a letter to the Administrator of'EPA
in which the NE~AC requests that EPA,
through its role on the IWG on .environmental
justice, recommend that Mr. Willie Taylor,
DOI, help to arrange a meeting between the
representatives of the Native Coalition for the
Preservation of Mount Shasta and DOI.
t/ Develop a resolution requesting that EPA
define and address disproportionate effects of
proposed geothermal plants on Native
Hawaiians living on the island of Puna.
t/ Forward a letter to the Administrator of EPA
in which the NEJAC requests that the EPA
Title VI Work Group hold a meeting in Indian
country to discuss the status of tribes with
respect to the provisions of the Title VI interim
guidance.
Oakland, California, June 2, 1998
Indigenous Peoples Subcommittee
5-9
MEETING SUMMARY
of the
INTERNATIONAL SUBCOMMITTEE
ofthe
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2, 1998
Oakland, California
M,eeting Summary Accepted By:
~Dml Wen Graham
Designated. Federal Official
' Baldemar Velasquez
Chair
CHAPTER SIX
MEETING OF THE
/NTERNA TIONAL SUBCOMMITTEE
1.0 INTRODUCTION
The International Subcommittee of the National
Environmental Justice Advisory Council (NEJAC)
conducted a one-clay meeting on Tuesday June
2, 1998, during a four-day meeting of the NEJAC
in Oakland, California. Mr. Baldemar Velasquez,
Farm Labor Organizing Committee, continues to
serve as chair of the subcommittee. Ms. Wendy
Gr~ham, EPA Office of International Activities
(OIA), is the newly appointed Designated Federal
Official (DFO) for the subcommittee. Exhibit 6-1
presents a list of the members who attended the
meeting and identifies those members who wer~
unable to attend.
This chapter, which provides a detailed summary
of the deliberations of the International
Subcommittee, is organized in five sections,
including this Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair.
Section 3.0, Activities of the Subcommittee,
summarizes the subcommittee's discussions
about its activities, including a discussion about
the proposed International Roundtable on
Environmental Justice. Section 4.0,
Presentations and Reports, presents an overview
of each presentation and report, as well as
summaries of the questions asked and the
comments offered by members of the
subcommittee. Section 5.0, Significant Action
Items, summarizes the significant action items
adopted by the subcommittee.
2.0 REMARKS
This section summarizes the remarks of the chair
of the International Subcommittee and the Deputy
Assistant Administrator of EPA OIA.
2.1 Remarks of the Chair of the International
Subcommittee
Mr. Velasquez began the meeting by welcoming
the members of the subcommittee and reviewing
the objectives of the meeting. He remarked that
the members of the subcommittee should focus
on a di~cussion of planning and preparation for
the proposed International Roundtable on
Environmental Justice that was approved by the
Executive Council of the NEJAC during its
December 1997 meeting.
Oakland, California, June 2, 1998
Exhibit 6-1
INTERNATIONAL SUBCOMMITTEE
Members
Who Attended the Meeting
June 2, 1998
Mr. Baldemar Velasquez, Chair
Ms. Wendy Graham, DFO
Ms. Clydia Cuykendall
Mr. Arnoldo Garcia
Ms. Beth Hailstock
Ms. Mildred McClain
Ms. Janet Phoenix
Mr. Bill Simmons
Members
Who Were Unable to Attend
Ms. Maria del Carmen Libran
Mr. Velasquez stated that he wished to remain
involved in the planning of the meeting, even
though his term as chair of the subcommittee was
to expire shortly. Ms. Marva King, EPA Office of
Environmental Justice (OEJ), responded that Mr.
Velasquez would be able to continue to
participate as a member of the task force that is
planning the meeting.
Mr. Velasquez then discussed the importance of
maintaining continuity with several members of
the subcommittee, including himself, approaching
the end of their terms. Mr. Arnoldo Garcia, Urban
Habitat Program, should be appointed to serve as
the new chair of the subcommittee, he suggested.
Ms. King suggested that Mr. Velasquez
recommend to the Executive Council of the
NEJAC that Mr. Garcia be appointed chair of the
subcommittee.
2.2 Remarks of
Administrator
the
of
Deputy
EPA's
International Activities
Assistant
Office of
Mr. Alan Sielen, Deputy Assistant Administrator,
EPA OIA, described to the members of the
subcommittee the process that OIA uses to
6-1
International Subcommittee
integrate principals of environmental justice into
the development and implementation of
international activities at EPA Mr. Sielen
explained that OIA had established partnerships
with various organizations, such as the .
Organization for Economic Cooperation and
Development (OECD), to provide public
education on international issues related to
environmental justice. As_ an example, Mr. Sielen
informed the members of the subcommittee that
OIA had established programs in Central America
that include a pesticide protection program in
Honduras and a wastewater treatment program in
Guatemala. Mr. Sielen added that OIA also had
initiated programs that focus on issues related to
mercury exposure through subsistence fishing
among Native Alaskans. Other focus areas of
OIA's related to environmental justice, he
continued, is the protection of children's health,
and the establishment of -programs similar to
EPA's Brownfields redevelopment initiative in
other countries.
Mr. Sielen concluded his remarks by emphasizing
that concepts related to environmental justice will
continue to be integrated into the activities and
· policies of OIA. He also expressed OIA's interest
in continuing to work with members of the
subcommittee and offered his support for the
International Subcommittee's involvement in
planning the International Roundtable on
Environmental Justice.
In response to Mr. Garcia's question about
persistent organic pollutants (POP), Mr. Sielen
stated that OIA will addr,ess the issue when the
office takes part in negotiating international
treaties.
Mr. Bill Simmons, International Indian Treaty
Council, asked whether OIA was involved in the
negotiation of various international treaties related
to biodiversity, which, he pointed out, is a
significant issue of concern to indigenous
peoples. Mr. Sielen responded that OIA had not
been involved in the negotiations of treaties
related to biodiversity; however, he said, he could
provide Mr. Simmons with additional information
about the actlvities of OIA related to indigenous
peoples. Mr. Vejasquez asked Mr. Sielen what
process OIA uses to select the environmental
programs that EPA sponsors in other countries.
Mr. Sielen indicated that the main criterion used
to determine whether the international
environmental program should be sponsored is
the extent to which the program will protect public
health.
6-2
National Environmental Justice Advisory Council
3.0 REVIEW OF ACTIVITIES OF THE
SUBCOMMITTEE
This section describes the discussions by the
members of the subcommittee of its activities.
They discussed the proposed International
Roundtable on Environmental Justice and
received an update on the activities of the South
Africa Working Group of the Subcommittee. ·
3.1 Update on the Proposed International
Roundtable on Environmental Justice
Mr. Velasquez began the discussion of planning
for the proposed International Roundtable on
Environmental Justice that was approved by the
Executive Council of the NEJAC during its
December 1997 meeting. He volunteered to
serve as an information resource to ensure that
all the appropriate stakeholders are invited to
participate in the meeting. Ms. King
recommended that the members of the
subcommittee organize a task force to take
responsibility for planning and preparing for the
roundtable meeting. Ms. Mildred McCJain,
Citizens for Environmental Justice, asked .whether
the roundtable meeting would address only
environmental justice issues related to the border
between the United States and Mexico or whether
its scope would include global environmental
justice concerns. Mr. Velasquez responded that
the focus of the roundtable meeting had not been
decided; hOwever, he added, issues related to the
U.S.-Mexico border should be a central focus of
the meeting. Mr. Velasquez then stated that other
topics would be considered if members of the
subcommittee so recommended. Ms. King added
that, to ensure the support of OIA for the meeting,
the subcommittee should focus on specific issues
that participants in the roundtable meeting will
address. Various members of the subcommittee,
as well as other individuals, were suggested as
members of the task force planning the meeting.
Mr. Velasquez then suggested that the roundtable
meeting should be held in the Spring of 1999.
l'Jlr. Garcia then presented to the members of the
subcommittee .a draft resolution that outlined and
summarized the goals of the roundtable meeting.
Mr. Garcia emphasized that one of the goals of
the roundtable meeting should be to create a link
between issues related to the border area
between the U.S. and Mexico and environmental
justice issues in an international context by
bringing all stakeholders together. Mr. Garcia
also recommended that the roundtable meeting
be planned as a two-day event that includes
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
workshops and a site tour. He cautioned ,
however, that it would be necessary to comply
with regulations and observe protocol if the route
were to take the tour across the border. With
regard to the draft resolution , Ms. King remarked
that her consultation with Mr. Haywood
Turrentine, Laborers District Council Education
and Training Trust Fund (an affiliate of the
Laborers International Union of North America)
and chair of the Executive Council of the NEJAC,
had indicated that a resolution to the Executive
Council would not be necessary, since the
International Roundtable on Environmental
Justice already had been approved by the
NEJAC. Ms. King then recommended that a letter
be forwarded to the Administrator of EPA to
request the agency's support for the roundtable
meeting. Mr. Garcia agreed to prepare such a
letter to be forwarded to the Executive Council for
consideration.
Mr. Velasquez remarked that a two-day meeting
would provide only limited opportunity to have
meaningful discussions about significant issues
related to environmental justice. He strongly
urged, therefore, that the members of the
subcommittee focus on specific issues to be
addressed during the roundtable meeting. Ms.
Clydia Cuykendall, Star Enterprise, indicated that
the members of the subcommittee should identify
issues of greatest interest to members of the
subcommittee. Mr. Velasquez then elicited from
each of the m~mbers of the subcommittee, and
from Mr. Sielen, recommendations of such issues.
The issues suggested as topics for the
International Roundtable on Environmental
Justice were:
• Standardization among countries of
environmental standards and the role and
methods of participation of members of
communities that have environmental justice
concerns
• Assurance of environmental protection of
laborers under existing international
institutions and treaties including the North
American Free Trade Agreement (NAFTA),
Multilateral Agreement on Investment (MAI),
and the World Trade Organization (WTO)
Conduct of outreach and public education
about international projects, including
preservation of cultural practices
Mr. Velasquez then invited Mr. Richard Moore,
Southwest Network for Environmental and
Oakland, California, June 2, 1998
International Subcommittee
Economic Justice and · former chair of the
Executive Council of the NEJAC, to discuss
issues that the subcommittee should consider
during the planning of the roundtable meeting.
Mr. Moore began by emphasizing that the
meeting should dispel' the perception on the part
of federal agencies and other entities that issues
related to environmental justice have no place in
discussions about the U.S.-Mexico border. He
explained that the members of the subcommittee
should organize a meeting that provides
opportunities for members of communities to offer
testimony that describes their situations and
concerns related to environmental and health
issues that affect their communities. As an
example, Mr. Moore recommended that a
breakout session be held to address the
continued use of pesticides that have been
banned and the adverse health effects that
practice causes among migrant workers from
Mexico. Mr. Moore also suggested other issues
that he believed should be addressed, such as
immigration and labor issues related to
environmental justice. He suggested that
grassroots organizations from Mexico might be
invited to participate in the discussipns.
Ms. Cuykendall asked if it would be appropriate to
invite U.S. corporations that have been
recognized for conducting their operations in an
environmentally responsible manner. Agreeing
with that suggestion, Mr. Velasquez remarked that
the meeting should involve all stakeholders,
particularly representatives of communities and
maquiladoras who could engage in a dialogue to
address environmental justice concerns along the
U.S.-Mexico border. Because of the need to
ensure that issues affecting communities along
the entire length of the border are included, Mr.
Velasquez added, the site chosen for the
roundtable meeting is a crucial factor. In
conclusion, Mr. Moore volunteered his service
and experience to assist in planning and
preparing for the roundtable meeting.
3.2 Update on the South Africa Working Group
of the International Subcommittee
Ms. McClain presented an update on the progress
of the South Africa Worki_ng Group of the
International Subcommittee. Ms. McClain
informed the members of the subcommittee that
she and Ms. Beth Hailstock, Cincinnati Health
Department, had prepared a draft report on their
trip to South Africa. Ms. Hailstock added that,
during her discussions with community activists,
those individuals had expressed concern that
6-3
International Subcommittee
some of EPA's programs . do not necessarily
address the environmental needs of communities.
Ms. McClain also stated that EPA should consider
incorporating community-based experiences into
the agency's training programs related to South
Africa. She emphasized that the subcommittee
should work to build a stronger relationship with
the South Africa Environmental Justice Network,
a coalition of individuals and community-based
organizations in South Africa. 1 In closing, Ms.
McClain requested that the members of the
subcommittee review the report she had
mentioned and provide comments by July 10,
1998. Mr. Velasquez then stated that the report
should be forwarded to the Executive Council of
the NEJAC for consideration.
Following Ms. McClain's update on the South
Africa Working Group of the Subcommittee, Mr.
Sielen presented an overview of EPA OIA's
current activities related to South Africa.
Mr. Sielen stated that EPA's Initiative on South
Africa had progressed under the leadership of the
United States South Africa Binational Commission
(BNC}, often referred to as the Gore-Mbeki
Commission, and added that the International
Subcommittee had been of great assistance in
the implementation of the initiative through its
resolutions and action items. Exhibit 6-2
describes the BNC. Mr. Sielen then indicated that
a study of the effects of mining operations in
South Africa on communities has been approved
by the BNC. Staff from EPA's regions 3 and 8, as
well as personnel from EPA Headquarters and
the U.S. Department of the Interior (DOI), he
continued, also will participate in the conduct of
the study in South Africa, which is scheduled for
August or September 1998.
Mr. Sielen then announced that the South Africa
Community Grants Program administered by
Organized Northeasterners and Clay Hill and
North End, Inc. (O.N.E./C.H.A.N.E.) was "well
under way." Several grant applications had been
approved, he noted. Exhibit 6-3 describes the
grants program. A conference on pollution
prevention was held in March 1998, continued Mr.
Sielen. Additional pollution prevention training
programs tailored to South Africa are under
development, he said.
Mr. Sielen then indicated that the Green
Communities Initiative would like to initiate a
community pilot project in South Africa in October
1998. The first step in that effort, he. said, would
be to select a specific community in South Africa
National Environmental Justice Advisory Council
Exhibit 6-2
THE UNITED STATES-SOUTH AFRICA
BINATIONAL COMMISSION (BNC)
· In 1995, U.S. Vice President Al Gore and South
Africa's Deputy'President Thambo Mbeki
established the U.S.-South Africa Binational
Commission (BNC) to de':'elop professional
working partnerships between technical and
management experts in the two countries. Often
referred to the as the Gore-Mbeki Commission,
the BNC has established several committees co-
chaired by Cabinet-level representatives of each
country. The committees help establish practical
working-level programs between leaders in each
country.
The Conservation and Environment Committee
is chaired by the U.S. Secretary of the Interior.
EPA's Office of International Activities, along
with the South Africa Department of
Environment and Tourism, co-chair the
Environmental Management Working Group
(EMWG) of the committee. The strategic goal
of the EMWG is to strengthen the capacity of ,
South Africans to improve the quality of life and
manage the environment in a sustainable way.
The goal supports Section 24 of South Africa's
constitution, which states, "Everyone has the
right to an environment which is not harmful to
their health or well-being."
to implement the pilot Mr. Sielen added that EPA
also would like to duplicate the East London
Community Recycling Project . that EPA
sponsored in the western portion of South Africa.
Another important initiative, Mr. Sielen observed,
is the establishment of an environmental training
center where EPA's training courses developed
for South Africa, as well as other environmental
training programs, c::an be presented.
4.0 PRESENTATIONS AND REPORT
This section summarizes the presentations made
and reports submitted to the International
Subcommittee.
4.1 The New River, Imperial Valley, California
Mr. Jose Bravo, . Southwest Network for
Environmental and Economic Justice, presented
a videotape, "River of Broken Promises," that
Oakland, califomia, June 2, 1998
National Environmental Justic~ Ac!visory Council
Exhibit6-3
SOUTH AFRICA COMMUNITY GRANTS , .
PROGRAM
The U.S. Environmental Protection Agency
(EPA) has entered into a cooperative agreement
with the Organized Northeastemers and Clay
Hill and North End, Inc. (O.N.E./C.H.A.N.E.), a
non-governmental organization, to provide small
grants to South African communities organizing
themselves to address local environmental
issues. The program also is known as the South
African Development Initiative for the
Environment (SADIE). The objective of the
program is to empower disadvantaged
communities which face serious environmental
challenges. ·
Criteria for selection of grants has been
developed and is awaiting the approval of the
advisory board. Grants will range in size from
$3,000 to $20,000.
describes issues related to environmental justice
and the pollution of the New River, which flows
from Mexico through the city of Mexicali and
Imperial Valley, California and discharges into the
Salton Sea. At the conclusion of the videotape,
Mr. Bravo updated the members of the
subcommittee on the issues focused on in the
videotape. He indicated that channeling the New
River as it flows through communities does not
address issues of concern, such as the use of the
river by low-income communities for subsistence
fishing, because characterization did not provide
waste water treatment.
Ms. McClain asked whether the demands of the
members of communities living near the New
River community had been met. Mr. Bravo
indicated that demands of the communities had
not been addressed by Mexico and stated that he
believes communities have a right to know how
hazardous wastes are transported along the U.S.-
Mexico border. Mr. Velasquez asked Mr. Bravo
whether EPA's study of the New River had been
released. Mr. Bravo responded that the agency
has released the study; however, the community
"had to go great lengths to obtain the information."
Mr. Bravo emphasized the significance of the
International Roundtable on . Environmental
Justice as an opportunity for the members of the
subcommittee . to consider the issues and
Oakland, California, June 2, 1998
International Subcommittee
conditions that were described in the videotape
he had shown.
Ms. Cuykendall observed that, before the
subcommittee or EPA addresses issues related to
communities along the U.S.-Mexico border, the
cooperation of the government of Mexico should
be enlisted. In response to Ms. Cuykendall's
observation, Mr. Bravo stated that the
environmental programs established under
NAFTA should. have established such
relationships; however, he said, the programs are
not mandatory. Mr. Velasquez then expressed
continued disappointment that the office of U.S.
Trade Representative (USTR) had not developed
a strategy for incorporating principles of
environmental justice into its programs and
activities, such as the negotiation of treaties with
other countries. He expressed further frustration
that the International Subcommittee still had not
received an adequate response from EPA or the
White House Council on Environmental Quality
(CEQ) about the status of the USTR as a member
of the lnteragency Work Group on Environmental
Justice (IWG).
Ms. King noted that the USTR had been invited to
participate in an environmental justice project and
also reminded the members of the subcommittee
that, under Executive Order 12989 on
Environmental Justice the USTR was not
identified as one of the federal agencies required
to integrate principles of environmental justice
into its programs and activities.
Mr. Garcia then pointed out that issues related to
environmental justice along the U.S.-Mexico
border do not remain at the border, but
"accompany people as they travel farther into the
U.S." Ms. Cuykendall remarked in response to
Mr. Garcia's observation that the International
Subcommittee should advocate the consistent
development and use of environmental standards
worldwide. Mr. Bravo then urged that
international environmental justice issues such as
New River be discussed at the roundtable
meeting.
4.2 Update on the Worker Protection Work
Group of the Enforcement Subcommittee
Mr. Velasquez provided an update to the
members of the subcommittee on the progress of
the Worker Protection Work Group of the
Enforcement Subcommittee of the NEJAC. Mr.
Velasquez remarked that standards related to
worker protection had been the focus of the
6-5
International Subcommittee
discussions of the work group. He stated that
standards for worker protection and the extent to
which such standards are , enforced have
economic effects. He stated as an example that .
"trading that has been created under NAFTA" had
displaced farm workers in Florida, because
tomatoes imported from Mexico are less
expensive than domestic produce. The standards
for worker protection that are imposed on growers
in the United States do not apply to owners of
farms in Mexico, he continued, therefore, the
Mexican growers have a competitive edge
because they do not have to meet those
standards, he said. Mr. Velasquez then
emphasized that EPA, through the IWG on
environmental justice should be obligated to
protect their workers.
Mr. Velasquez, added that, although growers in
the United States are required by the standards
for worker protection to ensure a safe
· en~ironment for their workers, the general
practice among growers is to put in place the
least expensive and most minimal safeguards
allowable. Mr. Velasquez then described the
case of Mr. Raymundo Nava, a farm worker in
North Carolina, who died as a result of acute
pesticide poisoning after being exposed to
pesticides while working in a field. Mr. Velasquez
stated that the Worker Protection Work Group
had discussed the issue of standards for worker
protection as they apply to guest workers under
the H2A program of the U.S. Department of Labor
(DOL). He noted that there are more than 7,000
H2A workers in North Carolina. In his experience,
he continued, when there is an official guest
worker program, there also is a significant
population of illegal immigrant workers. The case
of Mr. Nava is not an isolated case, 'Mr.
Velasquez added, stating that he believes there is
"no end in sight to this type of tragedy" because
the U.S. Congress is attempting to revise the
standards for protection of farm workers to make
them less stringent. Mr. Velasquez observed that
at the December 1997 meeting of the NEJAC, the
Worker Protection Work Group had made
recommendations that EPA prepare training for
workers, develop manuals for specific crops,
license and train independent companies to train
workers, and develop a more active program of
enforcement of worker protection standards. Mr.
Velasquez also suggested that EPA should
ensure protection of wages of workers if workers
refuse to work because of potentially unsafe
conditions in the fields.
6-6
National Environmental Justice Advisory Council
Mr. Velasquez then stated that Mr. Nava probably
would be alive today if he had known that the
working conditions were unsafe, emphasizing that
he would like to involve all stakeholders, such as
growers, workers, and industry, in discussions of
worker protection issues during the roundtable
meeting. Mr. Velasquez commented further that
it has been shown that if a worker's environment
is improved, the end result will be higher
productivity gains. In closing, Mr. Velasquez
indicated that the International Subcommittee had
asked EPA to consult with DOL about its policies
related to protection of farm workers. Mr. Sielen,
responded that the issue is not under the
provenance of EPA; however, he continued, EPA
had contacted DOL. Further, he stated that DOL
had identified a point of contact to provide to the
subcommittee information about, DOL's policies.
4.3. Presentation by Grupo Gaviotas, Rosarito,
California
Mr. Velasquez invited Mr. Roberto Lopez, Grupo
Gaviotas, to address the International
Subcommittee about concerns related to
environmental justice in communities along the
U.S.-Mexico border. Mr. Lopez indicated that he
represents a Mexican ecological group, Grupo
Gaviotas, located in Rosarito and Baja California
near the border in Mexico. Mr. Lopez explained
that, there is a government-owned power plant in
Rosarito that bums heavy fuel that creates smoke
and ash that constantly affect the nearby
communities. Mr. Lopez added that the
communities' protests are not heard by the state
of California. He requested the assistance of the
members of the subcommittees in persuading the
governor of California to listen to his community's
grievances.
Mr. Moore commented that the issues raised by
Mr. Lopez in his brief presentation are examples
of the environmental justice issues related to the
U.S.-Mexico border that should be addressed at
the roundtable meeting.
5.0 SIGNIFICANT ACTION ITEMS
This section summarizes the significant action
items adopted by the subcommittee. Those
action items are:
v Forward a letter to the Administrator of EPA
in which the NEJAC requests that the agency
support the International Roundtable on
Environmental Justice.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
v Review and provide comments on the draft
report developed by the subcommittee's·
Working Group on South Africa so that the
final report can be forwarded to the Executive
Council of the NEJAC for consideration.
Oakland, California, June 2, 1998
lntemational Subcommittee
6-7
.I
MEETING SUMMARY
of the
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
of the
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June.2, 1998
Oakland, California
Meeting Summary Accepted By:
-✓~
C /'// ... · ~'
/ .......,, I / -:--/ =-t.-x,_(..,J--/-/ '--C:7.-, / --0
Renee Goins ·
Designated Federal Official
Rosa Hilda Ramos
Chair
CHAPTER SEVEN
MEETING OF THE
PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
1.0 INTRODUCTION
The Public Participation and Accountability
Subcommittee of the National Environmental
Justice Advisory Council (NEJAC) conducted a
one-day meeting on Tuesday, June 2, 1998,
during a four-day meeting of the NEJAC in
Oakland, California. Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution, continues
to serve as the chair of the subcommittee. Ms. ·
Renee Goins, U.S. Environmental Protection
Agency (EPA) Office of Environmental Justice
(OEJ), continues to serve as the Designated
Federal Official (DFO) for the subcommittee.
Exhibit 7-1 presents a list of the members who
attended the meeting and identifies the members
who were unable to attend. ·
This chapter, which provides a summary of the
deliberations of the Public Participation and
Accountability Subcommittee, is organized in six
sections, including this Introduction. Section 2.0,
Remarks, summarizes the opening remarks of the
chair. Section 3.0, Activities of the Subcommittee,
summarizes the activities of the subcommittee,
such as a review of action items; discussions
about revisions in the model plan for public
participation; and the establishment of a Puerto '
Rico-Caribbean Public Participation and
Accountability Work Group to focus on
environmental justice issues in Puerto Rico and
the Caribbean. Section 4.0, Issues Related to
Public Participation and Accountability,
summarizes discussions about improving the
NEJAC's planning of site tours, improving the
public comment periods sponsored by the NEJAC
and improving the NEJAC's responses to the
public. Section 5.0, Presentations, summarizes
presentations made to the subcommittee on
issues related to public participation, including a
review of EPA's Community Advisory Group
Toolkit. Section 6.0, Resolutions and Significant
Action Items, summarizes the resolutions that the
subcommittee forwarded to the Executive Council
of the NEJAC and significant action items adopted
by the members of the subcommittee during the
meeting.
. Oakland, California, June 2, 1998
Exhibit 7-1
PUBLIC PARTICIPATION AND
ACCOUNTABILITY SUBCOMMITTEE
Members
Who Attended the Meeting
June 2, 1998
Ms. Rosa Hilda Ramos, Chair
Ms. Renee Goins, DFO
Mr. Frank Coss
Mr. Delbert DuBois·
Ms. Annabelle Jaramillo
Members
Who Were Unable to Attend
Mr. Robert Holmes
Mr. Lawrence Hurst
Ms. Mamie Rupnicki
2.0 REMARKS
Ms. Ramos opened the meeting by welcoming the
members of the subcommittee. Commenting that
"many minds are needed to discuss the problem of
environmental justice," Ms. Ramos invited
everyone present to participate actively in the
meeting. She asked all participants to introduce
themselves briefly, and the participants did so.
Ms. Ramos then expressed her satisfaction that
representatives of all stakeholder~ were present,
including state and local government agencies,
community organizations, academia, and industry.
She was very pleased, she added, at the number
of EPA staff who were present. Noting that few
representatives of EPA regional offices had
participated in previous meetings of the NEJAC,
Ms. Ramos thanked the representatives of EPA
Region 9 who were present at the meeting.
3.0 ACTIVITIES OF THE SUBCOMMITTEE
The members of the Public Participation and
Accountability .Subcommittee of the N6JAC
discussed various activities of the subcommittee.
They reviewed selected action items and
7-1
Public Participation and Accountability Subcommittee
resolutions previously considered or acted upon by ·
the subcommittee, discussed revisions of The
Model Plan for Public Participation of the NEJAC,
and discussed the establishment of a Puerto Rico-
Caribbean Public Participation and Accountability
Work Group.
3.1 Review of Selected Action Items
Ms. Ramos led a discussion of selected ~ction
items and resolutions that had been agreed upon
during ear1ier meetings of the subcommittee. The
members' discussions about those items are
summarized below.
Public Participation Resolution No. 6:
Recommend that the NEJAC request that EPA: 1)
develop and implement seminars, workshops,
forums, and meetings to provide technical and
administrative information relevant to permitting,
enforcement processes, and proposed projects
with potential environmental justice effects; and 2)
ensure that minority and low-income communities
and their leaders be advised of and included in the
development and implementation of the
aforementioned information transfer, in accessible
locations, at least three times a year.
Ms. Delta Valente, EPA Office of Pesticides,
volunteered to prepare a draft transmittal letter for
the resolution, noting that she would send the
document to Ms. Goins for her review by the week
of June 10, 1998.
Public Participation Resolution No. 7: The NEJAC
recommends that EPA develop strict guidelines
and information to request and publish complete
and accurate information regarding proposed
projects and actions in permitting and processes
requiring public announcements.
Ms. Valente offered to send Ms. Goins a draft
transmittal letter for the resolution by the week of
June 10, 1998.
Develop a series of letters to be prepared in
· conjunction with the conduct of site tours
sponsored by the NEJAC. The series will include:
1) Letter from the NEJAC to members of the
community inviting them to participate and. assist
in the planning of the site tour; 2) Letter from EPA
regional staff to representatives of state and local
government agencies and other appropriate
officials to invite them to participate and assist in
7-2
National Environmental Justi,ce Advisory Council
the planning of the site tour; 3) Letter from the
NEJAC to representatives of local media; the letter
should include a fact sheet about the NEJAC; 4)
Letter from the NEJAC to communities visited
during the site tour to thank them for their
participation; 5)Letterfrom the chair of the NEJAC
to representatives of state and local agencies,
industry and other organizations that summarizes
the concerns and issues raised by communities
during the site tour.
The members agreed that copies of sample letters
sent to state and local agencies to invite them to
particjpate in the site tour conducted on May 31 ,
1998 would be included in the planning guidelines.
(See Section 4. 1 of this chapter for a summary of
the members' discussion of site tours sponsored
by the NEJAC.)
Develop draft guidelines for public commenters
that define the purpose of the public comment
periods, describe the mission and authority of the
NEJAC, and outline the general administrative
process of providing comments (for example, all
commenters will be given five minutes to speak).
The members identified several recommendations
to further improve site tours conducted during
meetings of the NEJAC. Ms. Anabelle Jaramillo,
Citizens' Representative to the Office of the
Governor of Oregon, recommended that the
planning guidelines be revised further to reflect
recommendations made during the June 1998
meeting. (Section 4. 1 summarizes the members'
discussion of and recommendations about the site
tours conducted by the NEJAC.)
Forward . to the Waste and Facility Siting
Subcommittee a recommendation that the NEJAC
consider a resolution requesting that EPA
establish minimum cleanup standards and
community participation requirements at the state
level for the cleanup of sites on the National
Priorities List (NPL).
Ms. Goins informed the members that a letter to
Mr. Char1es Lee, United Church of Christ
Commission on Racial Justice and chair of the
Waste and Facility Siting Subcommittee, had been
developed in light of the Public Participation and
Accountability Subcommittee's discussions about
this issue. The letter, signed by Ms. Ramos, will
be sent to·Mr. Lee for review by the members of
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
the Waste and Facility Siting Subcommittee,
added Ms. Goins.
Develop a report that analyzes and critiques the
process of, and identifies the lessons learned
from, several NEJAC-sponsored public
participation activities, including the site tours,
satellite downlink of public comment periods, the
Public Dialogues on Urban Revitalization and
Brownfields, and the Enforcement and Compliance
Assurance Roundtable.
The members identified several recommendations
to further improve site tours and public comment
periods conducted during meetings of the NEJAC.
(See sections 4.1 and 4.2 of this chapter for
discussions and recommendations about site tours
and public comment periods.)
3.2 Revisions of the Model Plan for Public
Participation
Referring to discussions of the members during
previous meetings of the subcommittee, Ms.
Ramos emphasized that The Model Plan for Public
Participation should not be considered a tool for
public participation. The subcommittee, she
explained, should identify revisions of the model
plan that will specify that the document is intended
to provide guidelines for the conduct of public
meetings, not for processes related to public
participation. Ms. Ramos expressed her concern
that many stakeholders currently view the model
plan as a tool for use in incorporating the
participation of communities into decision-making
processes.
Mr. Robert Knox, Acting Director, EPA OEJ, and
acting DFO for the Executive Council of the
NEJAC, informed the members that no action had
yet been taken in response to an earlier resolution
of the NEJAC that had urged the formal adoption
of the model plan by the Administrator of EPA for
implementation throughout EPA and by the
lnteragency Working Group on Environmental
Justice (IWG). Noting that he recently had
received a telephone call from a representative of
EPA's Office of Planning, Policy, and Evaluation
(OPPE) to whom the resolution had been
forwarded , Mr. Knox stated that OPPE was unsure.
about what steps it should take with regard to the
resolution. Mr. Knox added that every program
office of EPA has a public participation program,
suggesting that the subcommittee should revise
Oakland, California, June 2, 1998
Public Participation and Accountability Sub~ommittee
the model plan to focus on the conduct of public
meetings, rather than on public participation
processes in general. Ms. Ramos agreed,
reiterating her concern that the model plan should
state clearly the difference between . how to
conduct effective public meetings and how to
ensure public participation in dec;ision-making
processes. EPA is using the document as a
substitute for involving the public, she declared.
Ms. Ramos stated that she had heard that the law
requires that meetings between federal officials
include a member of the general public, and
speculated whether such is the case. EPA, she
emphasized, should not be permitted to hold
"secretive meetings." Ms. Maria Cintron-Silva,
EPA OEJ, spoke about issues of confidentiality,
pointing out that situations do arise in which EPA ·
cannot invite members of the public to participate.
Ms. Jaramillo agreed, expressing her concern
about Ms. Ramos' recommendation that the public
be invited to participate in every agency meeting.
Referring to her experience as a member of the
staff of a state agency, Ms. Jaramillo stated that
government agencies must have latitude to allow
staff to "brainstorm ideas and identify resources"
before contacting the public. She agreed with Ms.
Ramos that EPA needs guidance on incorporating
public participation early in its processes, but
recommended that the subcommittee discuss how
to revise the model . plan to ensure that the
document explains clearly how to conduct effective
public meetings.
The members also agreed to:
• Change the title of the document to "The
Model Plan for Public Meetings~
• Review the model plan and send
recommended revisions to Ms. Goins
Noting that Mr. Frank Coss, Comite Timon de
Calidad Ambiental Manati (COTICAM), was
attending his last meeting as a member of the
subcommittee, Ms. Jaramillo invited Mr. Coss to
share his recommendations for revisions of the
plan, adding that she valued his input about how to
improve the effectiveness of the model plan. Ms.
Goins agreed to compile the responses and send
a revised copy of the document to the members.
The members agreed that, once the document had
been revised, the subcommittee would forward it
to the Executive Council of the NEJAC for review
and approval.
7-3
Public Participation and Accountability Subcommittee
3.3 Recommendation of the Establishment of
a Puerto. Rico-Caribbean Public
Participation and Accountability Work
Group
Ms. Ramos began the discussion by referring to a
resolution adopted by the members of the
subcommittee during its December 1997 meeting
that recommended the creation of a public
participation and accountability work group in
Puerto Rico. Commending the efforts of Mr. Coss
to · address · issues facing communities in the
Puerto Rico-Caribbean region, Ms. Ramos
observed that Mr. Coss had been working for the
approval of the resolution by the NEJAC since he
joined the· subcommittee. Ms. Goins confirmed
that the Executive Council had not voted on the
resolution during the December 1997 meeting,
explaining that resolutions must be sent to the
members of the .Executive Council 30 days before
a vote is taken and that the resolution had not
been submitted in time to meet that deadline. Ms.
Goins then outlined the requirements related to the
establishment of work groups, stating that the
subcommittee must forward to the Executive
Council a· resolution recommending the
establishment of a Puerto Rico-Caribbean work
group.
Citing COTICAM's work in Puerto Rico, Mr. Coss
expressed his opinion that organizations similar to
the NEJAC should be established in every state.
Each state, he added, should have an opportunity
to participate in a group focused on public
participation. Mr. Coss then asked the members
whether they had information about any such
organizations; no members offered information
about such organizations. Ms. Ramos
commented, and Ms. Goins agreed, that the
subcommittee could not recommend the creation
of a body similar to the NEJAC in each state or
region.
After further discussion, the members of the
subcommittee agreed to forward to the Executive
Council of the NEJAC for consideration a
resolution about the establishment in Puerto Rico
of a public participation and accountability work
group. Ms. Mary Helen Cervantes-Gross,
Community Involvement Manager, EPA Region 2,
offered to take the lead in identifying individuals
who might serve on the work group. In response
to a question from Ms. Ramos, Ms. Cervantes-
Gross confirmed that staff of EPA's Caribbean field
7-4
National Environmental Justice Advisory Council
office would be included on the work group.
Acknowledging Mr. Coss's concerns about how to
address public participation and accountability, Ms.
Cervantes-Gross stated that communities should
have a means of bringing together representatives
of EPA and state and local government agencies
to address issues that affect those communities.
Ms. Ramos then concluded the discussion by
ackn·owledging Mr. Coss's service as a "champion
for the people of Puerto Rico."
3.4 Participation by Members in Activities of
the Subcommittee
Ms. Goins discussed the importance of members
being committed to completing activities and
actions discussed during meetings and conference
calls of the subcommittee. Referring to
conference calls conducted by the subcommittee
since the December 1997 meeting, she
encouraged the members to participate in
conference ·calls as scheduled. Noting that only
one or two members of the subcommittee had
participated in some conference calls held by the
subcommittee, Ms. Goins reminded the members
of the effort involved in scheduling and preparing
for conference calls. She then reminded the
members of their responsibility to participate fully
in the activities of the subcommittee. It is
important, she emphasized, that a quorum be
present for all such calls. She also recommended
that the members "follow through" on the action
items for which they have volunteered to provide
the lead. The members, she stressed, must
become involved in efforts intended to integrate
public participation in all activities sponsored by
the NEJAC.
4.0 ISSUES RELATED TO PUBLIC
PARTICIPATION AND ACCOUNTABILITY
This section summarizes the subcommittee's
discussions of issues related to public participation
and accountability, as those issues affect concerns .
about environmental justice.
4.1 Planning Site Tours for the NEJAC
Ms. Ramos began the discussion about planning
and conducting site tours by commending the
members of the local task force that had planned
the site tour conducted on May 31 , 1998. Other
members of the subcommittee expressed their
agreement that the task force had produced an
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
excellent event. Ms. Ramos specifically thanked
Ms. Michelle Whitehead-King, EPA OEJ, and Mr.
Romel Pascual, EPA Region 9, for leading the
planning process. She then invited Ms.
Whitehead-King and Mr. Pascual to share their
thoughts. about planning the site tour and offer
recommendations for changes in the draft planning
guide for organizing and conducting site tours
sponsored by the NEJAC. Exhibit 7-2 presents
information about the draft planning guide, which
was developed after the December 1997 meeting
of the subcommittee.
Acknowledging· the contributions of members of
the subcommittee, Ms. Whitehead-King began by
providing an overview of the process of planning
site tours, explaining that the primary purpose of
such tours is to educate and inform members of
the NEJAC about environmental justice issues
affecting the local community in which meetings of
the NEJAC are held. The site tours are designed
to give members of the NEJAC a better
understanding of local issues that are expected to
be raised during public comment periods, she
added. Ms. Whitehead-King then described the
steps involved in planning a site tour, emphasizing
the importance of establishing a local planning
task force. Discussing how members of the local
planning task force were selected for the Oakland
site tour, Mr. Pascual noted that EPA had
contacted several former and current members of
the NEJAC who live in the San Francisco area to
help identify community representatives to serve
on the planning committee. Citing the "luxury of
the rich activism" of environmental justice
organizations in EPA Region 9, he stressed that
planning the site tour had been a process led by
the community. Ms. Peggy Saika, Asian Pacific
Environmental Network and former chair of the
Public Participation and Accountability
Subcommittee, and Mr. Richard Moore, Southwest
Network for Environmental and Economic Justice
and former chair of the NEJAC, had served as co-
chairs of the planning committee, reported Mr.
Pascual.
Referring to the Model Plan for Public
Participation, Ms. Whitehead-King and Mr. PascuaL
noted that the document had provided an initial
model for organizing the site tour, as well as a
model for communicating with people. Mr.
Pascual then discussed the strategy undertaken
by the members of the Oakland planning task
Oakland, California, June 2, 1998
Public Participation and Accountability Subcommittee
Exhibit 7-2
PLANNING GUIDE TO ORGANIZING
AND CONDUCTING SITE TOURS
The "Planning Guide to Organizing and
Conducting Site Tours Sponsored by the
NEJAC" is a draft document intended to assist
those individuals who organize and conduct site
tours sponsored by the NEJAC. The document
incorporates recommendations made by
members of the Public Participation and
Accountability Subcommittee during previous
meetings of the subcommittee, as well as
members of local planning task forces that have
conducted site tours at previous meetings of the
NEJAC.
The purpose of conducting site tours is
explained and the role of members of the
NEJAC, staff of EPA, and members of local
planing task forces is discussed. Included in the
document is a comprehensive planning guide
that includes several tools to help facilitate the
planning of site tours, such as:
Checklist for planning
Milestone chart of key activities
Sample narration
Sample handouts
• Sample driving instructions
• Sample letters
force to ensure that the "right people" were invited
to participate in and attend the site tour. The task
force was careful to identify 'and invite individuals
who make decisions that affect members of the
communities to be visited during the tour, he
explained. He also mentioned that the Oakland
planning task force had two subcommittees, one
focused on communications and the other on
logistical issues related to the site tour.
Commenting that several members of the task
force had had experience in conductin·g site tours,
Mr. Pascual stated that their experience helped
ensure that the tour was a success. Ms.
Whitehead-King specifically cited the contributions
of Mr. Henry Clark, West County Toxics Coalition,
and Mr. Allen Edson, African American
Development Association, members of the
planning task force who have much experience in
planning and conducting site tours.
7-5
Public Participation and Accountability Subcommittee
Acknowledging the challenges associated with
planning the site tour, Mr. Pascual stated that the
task force had found it difficult to decide how to
highlight, in three to four hours, all the issues that
affect the Oakland area. For example, he said,
members of the task force determined that it was
necessary to showcase the multicultural aspects of
the East Bay area. Mr. Pascual added that the
task force also wanted to highlight several
partnerships among different groups within the
communities. He summarized the goals of the
planning task force, stating that it had hoped to
highlight controversial issues within the
community, particularly those that require action
on the part of EPA, and to showcase successful
campaigns and collaborations undertaken by
communities. Continuing, Mr. Pascual mentioned
the closing session conducted at Verde
Elementary School in Richmond, California, stating
that the planning task force had wanted the site
tour to involve "more than simply driving through
communities. n
· Referring to "lessons learned" during the planning
and conduct of the Oakland site tour, Mr. Pascual
noted that open communications played a crucial.
role throughout the process because decisions
often had to be made quickly and in an informed
manner. Planning the site tour also reaffirmed that
community-led processes do work, he
emphasized. He also mentioned legal and other
restrictions that limit what EPA can and cannot
provide. Stating as an example that EPA cannot
provide food for participants, Mr. Pascual
explained th.at making food and drinks available for
purchase had been an important aspect of the
planning process. Mr. Pascual concluded his
remarks by stating that "the struggle faced by all of
us is not just about existing conditions, but about
what our future holds for us." For him, he said, the
site tour reaffirmed that site tours should focus on
the future. It is very important, he added, that
members of the NEJAC and other participants in
the site tour deliver the message to the
communities visited that "we are here to work and
to identify problems and issues."
Ms. Goins thanked Mr. Pascual and Ms.
Whitehead-King, stating that the site tour was
among the best ever conducted during a meeting
of the NEJAC. Agreeing, Ms. Ramos suggested
that the subcommittee consider how to assist
communities in preparing for visits by the NEJAC,
including the community poster sessions the
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National Environmental Justice Advisory Council
NEJAC sponsor, and make appropriate
recommendations. She expressed concern that,
while site tours provide opportunities for
communities to gain more exposure for their
problems, many communities need assistance in
preparing effective presentations and press
releases. Mentioning conversations she had had
with several community members, Ms. Ramos
remarked that the subcommittee also should
consider how to help communities gain the
attention of the media. She also referred to the
community poster session held during the current
meeting of the NEJAC, suggesting that it appeared
that EPA staff had been given prime locations for
their exhibits and demonstrations, while
community organizations were located farther from
the meeting area. Such poster sessions, she
stressed, may be the only opportunity communities
have to attract public attention to issues; the
sessions may be the communities' "only chance to
be a star," she added.
In response to Ms. Ramos' observations, Ms.
Jaramillo suggested that guidelines for the layout
of community posters and sample press releases
be added to the planning guidelines for site tours.
Information could be provided, she said, that
addresses community issues, such as suggestions
for . ways in which communities can use
opportunities presented during meetings of the
NEJAC to garner the attention of the NEJAC and
the community at large. Agreeing, Ms. Whitehead-
King noted that planning task forces should ensure
that community organizations have the best
locations for their exhibits and posters. For the
Oakland poster session, she pointed out, one
factor that determined where exhibits were located
was the availability of electrical outlets and
telephone lines required for the EPA exhibits.
Welcoming comments from members of the
subcommittee, Ms. Whitehead-King confirmed that
the planning guide is a "living document" that can
be revised as needed. Mr. Pascual, noting that
members of the planning task force would evaluate
the site tour, added that the planning guidelines
would be revised as necessary in light of that
evaluation.
Reviewing an action item agreed upon during the
December 1997 meeting of the subcommittee, Mr.
Delbert DuBois, Four Mile Hibernian Community
Association, suggested that letters be sent to
various organizations or individuals in conjunction
with the conduct of site tours. The purpose of the
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
letters, he said, would be to raise awareness on
the part of state agencies of the issues and
problems of local communities. Commenting that
EPA, for example, generally knows about the ·
concerns of communities, he suggested that the
letters be directed to those decision makers who
are unaware of the problems or are making
decisions that affect communities. Ms. Whitehead-
King replied that similar letters were prepared and
sent to representatives of local and state
government agencies; she _ agreed to include
copies of those letters in the planning guide. Mr.
Pascual added that EPA Region 9 had conducted
a "deliberate letter campaign" to encourage
representatives of state and local agencies and
industry to attend the meeting and the site tour.
Ms. Whitehead-King also offered to include in the
planning guidelines a summary discussion of the
site tour to provide specific guidance for planning
future site tours.
Stating that it is important to follow up on issues
raised during the site tour, Mr. Pascual confirm_ed
that EPA Region 9 will contact the communities
visited to determine "what worked and what did
not." He also added.that some of the communities
visited during the site tour, as well several
participants and observers, had requested that
more such tours be conducted.
4.2 Public Comment Periods of the NEJAC
Ms. Ramos opened a discussion of the conduct of
public comment periods by the NEJAC with a
recommendation that the members review the
draft guidelines for public comment sessions and
identify improvements needed in them. In
addition, she suggested, the guidelines should be
revised to allow members of the NEJAC and staff
of EPA to provide comment during those sessions.
The NEJAC "cannot restrict the constitutional right
of private citizens" to submit testimony, stated Ms.
Ramos, referring to discussions she had had with
"EPA lawyers" to whom she had voiced the same
concerns. Ms. Jaramillo disagreed, emphasizing
that she believed that public comment periods
should be reserved for members of the public.
Because the members of the NEJAC, she stated,
have the opportunity to "talk at any time," she
could not agree that they should have the
opportunity to "exercise their constitutional right to
speak" during the public comment periods. Ms.
Ramos objected, stating her belief that members
Oakland, California, June 2, 1998
Public Participation and Accountabili_ty Subcommittee
of the NEJAC might wish to raise issues that have
not been brought before the Executive Council.
The members of the subcommittee also discussed
the need for strict enforcement of the five-minute
limit on the length of comment. Referring to
commenters who spoke for longer than five
minutes during the public comment period
conducted on the previous evening, Ms. Ramos
stated that the limit is ineffective, adding that "it is
not fair for the NEJAC to allow some commenters
more time than others." Everyone, Ms. Ramos
emphasized, must be given the same amount of
time. The other members agreed, suggesting that
the subcommittee consider other means of
notifying commenters when their time is up: Mr.
Coss, citing the need to be fair to all speakers,
suggested that a time limit also be established for
members of the Executive Council. Members of
the Executive Council, he said, sometimes "go into
too much detail," thereby detracting from the
presentations of commenters. Ms. Jaramillo
agreed, adding that members of the Executive
Council should limit their comments to those that
reinforce an issue or clarify a point raised in a
comment.
Ms. Goins, reminding the members of their
responsibility for ensuring that the NEJAC is held
accountable for responding to and tracking action
items identified during public comment periods,
suggested that the members devise a system or
process for ensuring that the NEJAC follows up on
issues identified and resolutions sent to the
Administrator of EPA. Ms. Ramos then suggested
that members of the subcommittee work with
members of the NEJAC Assessment Work Group
to develop guidelines for ensuring the
accountability of the NEJAC. The members
agreed to take that action, and Mr. DuBois offered
to represent the subcommittee during the first
meeting of the work group, scheduled for June 4,
1998.
The members agreed that the guidelines for public
comment sessions should be revised as follows:
• Recommend that members of the
subcommittees of the NEJAC be permitted to
make presentations at the end of public
comment periods, as time permits
• Schedule a public comment period after the
reports of the subcommittees have been
7-7
Public Participation and AccountabilitY Subcommittee .
presented to allow members of the public to
respond to and inquire about issues raised
during subcommittee meetings
• Enforce the rule limiting comments to five
minutes, thereby ensuring fairness for all
speakers
• Consider using an audible warning system to
. notify speakers when their time allotment will
end shortly
• Recommencj that commenters be guided to
prepare testimonies that are no longer than
two pages, double-spaced
• Request that members of the Executive
Council limit their responses to comments for
clarification of requests of commenters or
reinforcement of issues raised during
presentations
• Recommend that Mr. Haywood Turrentine,
Laborers' District Council of the Education and
Training Trust Fund (an affiliate of the
Laborers International Union of North
American) and chair of the NEJAC,
periodically remind participants and members
of the NEJAC about the "ground rules" for
public comment periods
4.3 NEJA C's Responses to Members of the
Public
At the invitation of Ms. Jaramillo, Ms. Monique
Harden, Earthjustice Legal Defense Fund,
discussed with the members of the subcommittee
her concerns about the manner in which the
NEJAC responds to the public. Citing her work
with communities that "battle' federal agencies,"
Ms. Harden noted that communities often tum for
assistance to the NEJAC to tap into the support
they believe they can get from members of the
NEJAC. Typically, she said, communities present
comments to the NEJAC to describe their
particular situations and to request help.
Observing that letters sent in response from the
NEJAC seem to focus more on the limitations of
the NEJAC, Ms. Harden stressed that people she
characterized as "at the end of their rope" often
perceive those . responses to be very negative.
The NEJAC, she declared, does have its
successes, but those successes are not reflected
in its responses to the public.
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National Environmental Justice Advisory Council
Continuing, Ms. Harden cited as an example a
case in which actions taken by members of the
NEJAC helped to prevent the licensing of an
uranium mining facility in Louisiana. Ms. Harden
stated that, in 1995 the NEJAC had adopted a
resolution that recommended that EPA urge the
U.S. Nuclear Regulatory Commission (NRC) to
consider the effects the uranium mining facility
would have on the neighboring community. In
April 1998, she continued, the NRC, after
considering those effects, denied the facility a
license. Ms. Harden characterized the decision as
an "incredible victory" for ·the NEJAC. She then
described cases in which she believed the NEJAC
had "closed its door" on communities. The
NEJAC, she recommended, should consider
developing . a "how-to process" to help
communities learn about available resources. For
example, response letters from the NEJAC should
include a list of potential resources, descriptions of
success stories, and a description of the role of the
NEJAC and its relationship with EPA, she
explained.
In response to the concerns Ms. Harden had
expressed, Ms. Ramos recounted her experience
in becoming a member of the NEJAC, stating that
she had been told that, by examining issues raised
during public comment periods and in letters to the
NEJAC, the NEJAC should attempt to determine
"what is wrong with the system" and to
recommend solutions to the problems it identifies.
Emphasizing that she had been told that the
NEJAC does not have the authority or power to
resolve specific problems, Ms. Ramos expressed
her frustration that, as a member of the NEJAC,
she feels powerless to help people resolve their
problems. She acknowledged the concerns
expressed by Ms. Harden, but noted that the
NEJAC must be careful to avoid encouraging false
expectations among people about the NEJAC's
ability to resolve their problems. Members of the
NEJAC, added Ms. Ramos, believe it is only fair to
tell people what the NEJAC can and cannot do.
Ms. Harden, responding that communities do not
consider the NEJAC a judge or court, affirmed her
understanding that the role of the NEJAC is to
examine broad issues relat~d to environmental
justice. She emphasized, however, that the
NEJAC's focus on broad issues is not reflected in
its response letters. Further she continued, the
letters do not identify resources, such as the
NEJAC's World Wide Web site and brochures and
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
documents that are available. The NEJAC can
have a positive influence on issues and can share
success stories, Ms. Harden stated; however, she
recommended that the letters include information
that will help communities identify solutions to their
problems. Ms. Harden added that the NEJAC also
provides valuable assistance by bringing together
members of communities and staff of EPA. Doing
so is important, she stressed, noti'ng that
community members often are elated to meet with
staff of regional EPA offices.
In response, Ms. Jaramillo suggested that, in its
written and verbal communications to members of
the public, the NEJAC should be more "positive
and proactive" by identifying potential sources of
assistance and describing more fully the role of the
NEJAC and its activities. Identifying an
appropriate point of contact in one of the NEJAC
subcommittees also might be helpful, she added.
Agreeing, Ms. Ramos conceded that, in their
efforts to avoid prompting inaccurate perceptions
about the NEJAC's ability to resolve problems,
members of the NEJAC have forgotten about the
number of resources that are available to assist
communities. Ms. Harden welcomed their
suggestions and emphasized that communities
need access to information so they can identify
action that is "doable" and realistic. The NEJAC,
Ms. Harden stressed, can help give communities
the power and information they need to "push
through" and resolve their concerns themselves.
5.0 PRESENTATIONS
This section summarizes the presentations made
. to the Public Participation and Accountability
Subcommittee.
5.1 Use of Neutral Professionals in Issues
Related to Environmental Justice
Mr. David Batson, EPA Alternative Dispute
Resolution Liaison, presented information about ·
consultation and dispute · resolution services
available to public and private parties involved in
issues related to enforcement and compliance
activities, development of regulations or policy,
and implementation of a remedy at a site. First, he
stated that he hoped to learn from the participants
why communities do not use alternative dispute
resolution (ADR) more frequently than they do. He
invited comments and suggestions from the
participants about how to make ADR more
Oakland, California, June 2, 1998
Public Participation and Accountability Subcommittee
effective. Stating that he had worked in ADR for
15 years, Mr. Batson noted that he recognizes the
reluctance of representatives of government
agencies and communities to use ADR as a tool to
help overcome tensions related to disputes ..
Discussing the variety of ADR specialists who are
trained to help people resolve problems and to
avoid lawsuits, Mr. Batson commented that many
such specialists, often referred to as "neutrals,"
are trained to resolve legal, community
involvement, and neighborhood disputes. The
three roles of a neutral facilitator, he identified, are
to help people negotiate more effectively, to
prevent lawsuits, and "create a door" for
communications among individuals who are finding
it difficult to meet with their opponents.
Emphasizing the important role of ADR in helping
to resolve what often are emotional issues, Ms.
Batson stated that neutral facilitators can help to
ensure that the thoughts and concerns of all
individuals are aired.
Ms. Ramos asked whether EPA had conducted
any research to determine why communities do
not use ADR. Citing the distrust of government
agencies in many communities, she suggested
that ADR perhaps is not working because the
participants do not trust neutral facilitators or the
ADR process itself. Mr. Batson agreed that trust
among all participants is vital to the success of the
process, citing specific cases in which the federal
government had used neutral facilitators to bring
parties together. All parties to the process,· he
stressed, must trust the neutral facilitators. He
added that the use of a neutral facilitator allows all
parties to participate more effectively.
Ms. Jaramillo asked how to overcome the
perception that a neutral fa~ilitator represents a
government entity with which a community may be
in conflict. Mr. Batson acknowledged that such a
perception sometimes cannot be overcome, but he
added that the facilitator then could identify other
facilitators who do not represent government
agencies. Mr. Batson added that the
demographics and ethnic composition of an area
can have an effect on identification of an
appropriate neutral facilitator. · It is often best, he
explained, to have an entity other than the
government agency involved determine who
should participate in the negotiations.
7-9
Public Participation and Accountability Subcommittee
Continuing, Mr. Batson explained how to identify
the most appropriate neutral facilitator. The key,
he emphasized, is to talk to members of a
community to identify individuals whom the
members of the community trust and consider to
be credible. Mr. Batson then described different
types of dispute resolution, noting that different
kinds of facilitators are needed for different types
of dispute. He also acknowledged that some
decisions require adjudication, explaining, for
example, that issues related to the selection of an
appropriate cleanup remec:iy for a Superfund site
and how that decision affects the local community
will differ from issues associated with enforcement
and compliance by a facility with environmental
laws.
In response to a question about whether EPA has
any authority to engage states in ADR, Mr. Batson
noted that some states are more willing to
negotiate with EPA than others. However,· he
added, EPA cannot force a state to use a neutral
facilitator, he said. Ms. Jaramillo agreed,
describing her experience with states that have
declared themselves quasi-independent from the
federal government and that are not willing to
negotiate with any federal agency on matte~
related to their programs or policies. That stance,
Ms. Jaramillo stated, is a barrier to bringing states
"to the table."
Mr. Batson then described EPA's use of regulatory
negotiation, a form of ADR he referred to as
"REG NEG," in approximately 40 large cases
related to disputes over environmental regulations.
A process that can be implemented at the request
of an EPA office or any party who may be affected
by a regulation, REGNEG is used during the
development ._ of regulations, he explained.
Reviewing the normal process of developing
regulations, he commented that regulations often
are subject to lawsuits, which prevent the
regulations from taking effect for many years after
they are issued. EPA has found, he said, that
using REGNEG helps ensure the adequate
development of regulations before a draft
regulation is promulgated. Mr. Batson explained
that the process involves the convening of a
federal advisory committee . comprising of
representatives of all affected parties, including
community and industry, to negotiate the language
of a regulation. Once the members of the advisory
committee reach consensus, EPA publishes the
draft regulation for public comment, Mr. Batson
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National Environmental Justice Advisory Council
noted. The process, he said, gives members of a
local community an opportunity to influence policy
making. He then suggested that the subcommittee
contact Ms. Debbie Dalton, key point of contact for
EPA's REGNEG program, for more infor111ation;
Ms. Dalton can be reached at 202-260-5495, he
said.
Turning to a practical application of ADR, the
members then discussed issues related to the
application of the Shintech Corporation for a permit
to build a polyvinyl chloride (PVC) facility in St.
James Parish, Louisiana. Referring to contentious
issues related to the facility, Mr. Batson noted that
EPA initially did not have jurisdiction over the
permit process for the Shintech facility. At the
request of EPA Region 6, Mr. Batson said, he had
visited St. James Parish to determine whether it
would be possible to identify a neutral facilitator to
support negotiations. He noted that he had visited
first with members of local communities, then
brought in two neutral facilitators who represented
an environmental justice organization based in
Atlanta, Georgia to establish a dialogue with
members of the communities. The process
currently was moving into its second phase, he
continued, the conduct of discussions among all
parties involved in the case.
Ms. Harden disagreed with Mr. Batson, stating that
EPA Region 6 "forced ADR on the community."
The community, she emphasized, did not initiate a
request for ADR, but EPA Region 6 insisted that
the process be conducted. Ms. Harden,
expressing her frustration that the government is
setting the terms of the negotiations, stated her
opinion that the "common ground" among all the
parties is concern for economic development. The
problem, she said, is that representatives of the
state government, industry, and the community
groups have different views about economic
. development. In response, Mr. Batson
acknowledged the complex issues associated with
the Shintech facility, adding that the "dynamics''. of
the situation also are divergent. He also pointed
out that, although he was not claiming that the
issues had been resolved by bringing in neutral
facilitators, he believed that it would have been
difficult for EPA to open discussions without their
assistance. A member of the audience then asked
whether a decision against the building of the
Shintech facility ever had been considered. Mr.
Batson then commented that perhaps a neutral
facilitator should have been involved at the
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
beginning of negotiations to conduct a discussion
about whether the facility was needed. Ms.
Harden, commenting that the negotiations would
begin anew since a permit to build the facility was
denied, reported that the ADR process focused on
how to handle a decision to build the facility. It was
never, she stressed, a "yes or no decision" about
building the facility.
Expressing the wish that communities become
more involved in decision making, Ms. Ramos
stated that neutral facilitators could help to
facilitate a process that ensures equal participation
of all stakeholders in decision making. Agreeing,
Mr. Batson added that steps must be taken to
ensure that everyone involved is comfortable with
the neutral facilitator. That fact does not mean that
everyone will be happy with the outcome, Mr.
Batson added, but he emphasized that the neutral
facilitator must appear unbiased. A member of the
audience, Mr. David Schlossberg, Department of
Political Science, Northern Arizona University,
remarked that the use of a neutral facilitator allows
a company or industry to be on equal footing with
a community. Why allow a company to be equal,
he asked, commenting that the concerns of a
company should not carry equal weight with the
concerns of communities that are affected by
activities associated with a facility. Mr. Batson
then suggested that a neutral facilitator can help to
"knock out" the imbalance of power and ensure
that the views of a community are heard.
Commenting further, Ms. Ramos emphasized that
communities need extra help to attain equal
footing with government and industry.
Communities need resources, she stressed, to
allow them to be equal with those who have most
of the power. She also recommended that EPA
consider preparing reports that examine how fair
-and equitable ADR is for communities. Mr. Coss,
commenting favorably on the need for neutral
facilitators, cited several cases in Puerto Rico in
which such facilitators helped to resolve disputes
successfully. Negotiation, he emphasized, helps
bring people together to talk with one another. A
facilitator does not have the power to determine
who is right or wrong, Mr. Coss added.
Mr. DuBois then recommended that EPA consider
conducting a pilot ADR project in Charleston,
South Carolina. Mentioning his involvement in
several court cases, Mr. DuBois stated his interest
in exploring alternatives to litigat!on. Mr. Batson
Oakland, California, June 2, 1998
Public Participation and Accountability Subcommittee
invited Mr. DuBois to contact him to discuss the
suggestion more specifically. Mr. DuBois then
offered to report to the subcommittee on how
successfully ADR had been applied in his
community.
Concluding his presentation, Mr. Batson reported
that agency wide guidance on using ADR currently
was under development. He then invited the
members of the subcommittee to review the draft
guidance, adding that he wished to ensure that the
document addresses the needs and issues of
communities.
5.2 A Community-Based Environmental
Protection Framework for EPA
Mr. Gerald Filbin, EPA OPPE, Office of
Sustainable Ecosystems and Communities
(OSEC), thanked the members of the
subcommittee_ for taking the opportunity to review
in more detail a draft document titled, EPA 's
Framework for Community-Based Environmental
Protection. Mr. Filbin then distributed to the
members copies of a' memorandum from Mr.
Leonard Fleckenstein, Acting Director, EPA
OSEC, that included guidelines for reviewers of
the draft framework and a copy of the draft
framework. Inviting comments from the members
about how to ensure that the framework
establishes a process that will help EPA work
more effectively with state, local, and federal
governments; tribes; and civic and nonprofit
organizations, Mr. Filbin encouraged the members
to ask him to clarify any questions they might
have.
Mr. Filbin began his presentation on community-
based environmental protection (CBEP) by
providing background information about EPA's
reasons for developing the framework and _
describing what the agency hopes to accomplish
by implementing the framework. Exhibit 7-3
provides a more detailed description of CBEP.
CBEP, he continued, is a new approach for EPA,
which describes how the agency is going to
conduct its business to protect the environment.
Referring to EPA's mission to safeguard human
health and the environment, Mr. Filbin cited EPA's
success over · the past 25 years in reducing
pollution in many places around the country and
improving the overall quality of the environment.
He pointed out, however, that EPA has realized
that its approach does not address all
7-11
Public Participation and Accountability Subcommittee National Environmental Justice Advisory Council
environmental problems. A decision therefore was
made to develop a policy and planning document
7-12
Exhibit 7-3
COMMUNITY-BASED ENVIRONMENTAL PROTECTION
The U.S. Environmental Protection Agency (EPA) defines community-based environmental
protection (CBEP) as "a holistic and collaborative approach to environmental protection that
brings together public and private stakeholders within a place or community to identify
environmental concerns, set priorities, and forge comprehensive solutions." CBEP is a means to
address a broad range of environmental problems; such an approach includes consideration of
such factors as human social needs, health of the ecosystem, economic prosperity, and
development of sustainability in communities. In general, EPA approaches environmental
problems by focusing on issues related to a single medium, such as water or air; in contrast,
CBEP involves consideration of the total environment.
The core principles of CBEP are:
• Focus on a definable geographic area
• Work collaboratively with a full range of stakeholders through effective partnerships
• Assess, protect, and restore the quality of the air, water, land, and living resources in a place
as a whole
• Promote sustainable communities and ecosystems by integrating environmental, economic,
and social objectives
• Take public and private action using the most appropriate regulatory and nonregulatory ·
activities to forge more effective solutions to community and regional problems
EPA's Goals for CBEP are to:
• Achieve environmental results that are consistent with EPA's mission and base program
goals on those stated in EPA's authorizing statutes and strategic plan
• Support communities' efforts to use, protect, and restore natural resources -land, air,
water, and biodiversity -in ways that help ensure long-term ecological, economic, social,
and human health benefits for ourselves and for future generations
• Help communities address environmental concerns and issues not amenable to traditional
federal regulatory approaches, such as urban sprawl, control ofnonpoint source pollution,
and loss of biological diversity
• Promote integration of EPA programs and activities in ways that complement and improve
<\o existing regulatory frameworks and deliver EPA' s programs and services in ways that
enhance sound community-based decision making
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
that would define how EPA will involve all
stakeholders in a collaborative approach to
identifying environmental concerns and
comprehensive solutions, Mr. Filbin stated.
Emphasizing that CBEP is new approach, not a
new program for the agency, he stated that the
approach supplements and complements existing
tools for environmental protection. Mr. Filbin also
reported that the draft document is under review
by external parties, including private organizations;
community groups; and state, tribal, and local
governments. He added that the document is not
yet considered a policy statement of the agency.
In response to ?I question from Ms. Ramos about
how a "place" is identified, Mr. Filbin reported that
EPA's definition of a "place" often changes as
more is learned about a particular community.
Citing his own community's experiences with
CBEP, Mr. DuBois then stated that, as the
principles of CBEP are applied, a "place" can
become so large that a small community such as
his can lose its "voice at the table." Mr. Filbin
replied that, although he could not comment
specifically on the problems experienced by Mr.
DuBois and the members of his community, he
considered the issues raised by Mr. DuBois a
problem that must be resolved. Mr. Filbin
explained that EPA often tries to involve many
voices within a community. The result, he said, is
that the size and definition of the community
grows. As a result, he continued, smaller
communities sometimes forge alliances with large
communities "to retain their voice." Mr. DuBois
then inquired whether EPA's definition of
"community-based" protection really means "state-
based" protection. Expressing his frustration that
representatives of industry and state and federal
agencies "have all the power," Mr. DuBois stated
that community organizations in Charleston, South
Carolina are not recognized or involved in
decisions. In reply, Mr. Filbin noted that the
situation Mr. DuBois had described does not
indicate the way CBEP is "supposed to work."
Communities, he stressed, are supposed to be
involved in decision making.
Suggesting that EPA consider a more vague
definition of "community" or "place-based
approach" to allow more flexibility, Ms. Jaramillo
expressed her concern that a narrow definition of
what constitutes a community or place might limit
consideration of issues related to the effects of
environmental hazards on communities. Referring
Oakland, California, June 2, 1998
Public Participation and Accountability Subcommittee
to a salmon recovery and restoration project in
Oregon, she commented that the state had
employed a place-based approach to restoring a
, salmon fishery and avoiding a listing on the
National Priorities List (NPL), a list of the most
seriously contaminated hazardous waste sites
identified for possible long-term remedial action
under the Superfund program. The approach, she
said, included examination of watershed issues,
the effect of industries or:i the watershee:I , and the
effect of those industries on such stakeholders as
fisheries and communities living along the river.
Such an approach, she went on, ensured that the
community did not lose its voice and that the
concerns of all stakeholders were given the
"appropriate weight."
Mr. Filbin then continued his presentation,
emphasizing that the draft framework is intended
to help the agency work with communities. It is
designed to help ensure that EPA is accountable
for its activities and to establish priorities among
decisions to be made within the agency, he said.
Mr. Filbin stressed that the document is not
designed for use by communities, nor is it intended
to guide the actions or decisions of communities.
Referring to the establishment of collaborative
relationships, Mr. Filbin pointed .out that it is the
intent of EPA to work with all stakeholders.
Stakeholders may include individual residents and
landowners, community groups, environmental
and conservation groups, businesses and industry
associations, and government agencies, he said.
EPA recognizes, he said, that members of a
community must have a major voice at the table.
Mr. Ted Coopwood, EPA Office of Children's
Health Protection, asked how issues related to the
protection of children's health will be addressed
under the framework. He suggested that
responding to such issues may require special
arrangements and planning. Mr. Filbin replied that
issues related to children's health would be
considered in ways that would vary depending on
the place.
Describing in more detail why CBEP is a different
approach for EPA, Mr. Filbin explained that CBEP
moves the agency beyond a single environmental
medium, such as air or water, to a multimedia
approach. Stating that EPA does not want to lose
its ability to protect individual media, he added that
the new approach helps the agency determine
when environmental media are "interlaced" and to
7-13
Public Participation and Accountability Subcommittee
address a broad range of issues. Ms. Jaramillo
requested clarification, wondering whether EPA
will consid,er the "whole picture" in issues related
to permitting or regulatory processes,, rather than
focusing on , for example, the Clean Air Act (CAA)
or the Clean Water Act (CWA). "That is the goal of
CBEP", responded Mr. Filbin.
Pointing to violations and wrongdoing of industry,
Ms. Ramos remarked that companies sometimes
are granted air permits to expand their operations,
. even though the company might be polluting
water. She asked whether EPA would consider
including in CBEP the development of a
methodology for classifying industries. Mr. Filbin
noted that communities must insist that companies
do better; he also acknowledged that, although
EPA at times may give a company the "green
light," the agency does not always follow up when
a company later commits a violation. He agreed
with Ms. Ramos that such action may have an
adverse effect on a community's· perception ·Of an
industry or a facility. Replying that EPA has all the
tools needed to label a company a "bad company,"
Ms. Ramos observed that EPA should develop a
"bad boy policy."
Referring to a grant program funded by EPA called
the "CBEP Fund," Mr. Filbin discussed several
pilot CBEP programs to be_ conducted during the
summer of 1998. Under the pilot programs,
communities, he explained, will be awarded grants
to conduct projects under which the CBEP
approach will be used to resolve issues within the
community. One of the criteria for the awarding of
grants is that the community.must look beyond the
permitting process and consider the environmental
issues within the community as a whole, he said.
For example, he explained, a facility might be in
compliance with the CAA, but may be violating
water treatment regulations. Mr. Filbin then
highlighted advantages associated with use of the
CBEP approach, noting that EPA needs tools to
address problems that currently are not being
addressed and to ensure that the agency is
responsive to the needs of communities. CBEP,
he emphasized, is "a better way of doing
business." He also stressed the importance of
building community infrastructures that allow
communities to continue to solve problems long
after EPA has resolved the issue that brought the
agency into the community.
7-14
National Environmental Justice Advisory Council
Describing how EPA plans to implement CBEP
within the agency, Mr. Filbin noted that its
implementation will require reorientation of EPA's
programs, including education and training
programs for staff of EPA He stated that a
conference was to be conducted in the summer of
1998 at EPA's National Exposure Research
Laboratory in Las Vegas, Nevada. The purpose of
the conference would be to identify various tools
EPA should consider using in implementing CBEP,
he noted .
Inquiring how a process that is fair to all
stakeholders can be guaranteed, Ms. Ramos
asked whether there is a "mathematical approach
to equip communities with the same level of power
and influence" industry has. Referring to "abused
communities that are affected by the wrongdoings
of industry," she expressed concern that state
governments usually support industries because
state financial resources come from industry.
Representatives of state governments and
industry therefore are partners who vote against
communities, she said. In response, Mr. Filbin
stated that he was not aware of any mathematical
approach or process to ensuring that communities
are given an equal voice, but he added that EPA
recognizes that a single vote for a community
represents many voices within a community. He
also mentioned that EPA makes every effort to use
the tools of social science to help communities
become engaged, in the resolution of issues that
affect them. Mr. Filbin then stated that CBEP is a
tool that can help meet the goals of environmental
justice by helping to ensure that the views of
people who have not been heard in the past will be
heard. CBEP, he continued, reaches beyond
issues associated with determining the absence of
disproportionate risk to such issues as the
equitable distribution to minority communities of
the benefits of environmental protection.
Stating his opinion that the "environmental justice ,
portion of CBEP is not working," Mr. DuBois
reiterated his concerns about how CBEP is be.ing
implemented in his community in Charleston,
South Carolina. He referred to what he
characterized as the "imbalance of power," stating
that representatives of industry always vote
against the communities, as indicated in a report
he said he had submitted to the NEJAC as written
testimony. The report, Mr. DuBois explained,
provides a copy of the minutes of a meeting of the
CBEP Community Action Group (CAG) conducted
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
in Charleston on April 23, 1998. CBEP is
"unempowering the communities," he stressed,
citing the resources and support provided to
industry. Mr. DuBois then stated that CBEP had
divided his once-cohesive community. Expressing
his opinion that, as far as community members are
concerned, Charleston "will be changed for the
worse after CBEP is over," Mr. DuBois also
suggested to all those present at . the
subcommittee that they not allow "CBEP to come
into their communities." Mr. Filbin then replied that
Mr. DuBois' remarks indicated _that the "CBEP
process is broken" in Charleston. The problems
experienced by Mr. DuBois and his community,
Mr. Filbin emphasized, are "not supposed to
happen." Mr. Filbin offered to work with Mr.
DuBois to address his concerns.
In response to an inquiry from a member of the
audience about the support for CBEP among
EPA's regional offices, Mr. Filbin noted thafsome
regions support the new approach, while others
are less supportive. Mr. Cecil Bailey, EPA Region
7, indicated surprise that he had not learned more
during Mr. Filbin's presentation about the role of
environmental justice in CBEP, noting that CBEP
lacks the support of an Executive order like
Executive Order 12898 on Environmental Justice,
which established environmental justice as a
national priority. CBEP will need "something to
back its implementation," said Mr. Bailey. He also
suggested that Mr. Filbin consider "linking CBEP
with the Community Advisory Group Toolkits"
developed by EPA's Community Involvement and
Outreach Center (CIOC). Members of the
subcommittee also should use the toolkit, he
added. Ms. Doretta Reaves, EPA Office of
Communications, Education, and Media Relations,
inquired about the process by which communities
are involved, asking whether communities are
invited to participate at the beginning of
discussions. Mr. Filbin affirmed that communities
are invited to participate early in the process, but
mentioned cases in which public meetings were
conducted without the involvement of EPA. In ·
such cases, he said, members of the public may
be invited to participate after meetings already
have been initiated.
Members of the subcommittee then discussed how ·
best to provide to EPA their comments on the
strategic framework for CBEP. Ms. Jaramillo,
referring to the concerns Mr. Coss had expressed
earlier that implementation of CBEP should not
Oakland, California, June 2, 1998
Public Participation and Accountability Subcommittee
disrupt existing relationships between state and
local governments, suggested that the members of
the subcommittee also examine how state and
local governments respond to the needs of
communities. Mr. Filbin also suggested that the
members of the subcommittee contact Mr. Michael
Mason or Ms. Amanda Bassow at EPA for
additional information about CBEP; Mr. Mason can
be contacted at [phone] and Ms. Bassow
can be contacted at [phone], he said. Ms.
Jaramillo offered to take the lead in incorporating
the members' revisions into a single document.
Thanking Mr. Filbin for his presentation, Ms.
Ramos then commended EPA for developing
CBEP and stated that she believes the approach
is a good one.
5.3 Review of the Community Advisory Group
Toolkit
At the request of Ms. Ramos, Ms. Suzanne Wells,
EPA Office of Emergency and Remedial Response
(OERR), discussed the development of the CAG
Toolkit by EPA's CIOC. Stating that she was
eager to receive .comments from the members of
the subcommittee about the toolkit, Ms. Wells
provided background information about EPA's
CAG program (see Exhibit 7-4 for a description of
the program). Citing the development of various
fact sheets about the program, Ms. Wells
requested that Ms. Noemi Emeric, EPA Region 5,
provide the members an update about activities
associated with a CAG. Ms. Emeric, referring to .
the development of flyers and mailers used to
announce CAG meetings, reported that EPA
records meetings and develops summaries of the
meetings to identify action items and follow-up
activities. She added that EPA also provides
neutral facilitators, as necessary.
Ms. Wells then continued, describing the
development of the CAG toolkit, noting that it was
developed because EPA realized that it should
provide more assistance to communities in
establishing CAGs. The toolkit, she discussed,
includes information on such topics as:
• Organizing a CAG and selecting its members
• Encouraging participation on the part of
· segments of a community that traditionally
have been considered "hard-to-reach"
• Writing a mission statement
• Developing operating procedures
7-15
Public Participation· and Accountability Subcommittee
Exhibit7-4
U.S. ENVIRONMENT AL PROTECTION
AGENCY COMMUNITY ADVISORY
GROUP PROGRAM
The U.S. Environmental Protection Agency
(EPA) established the Community Advisory
Group (CAG) program in 1985 to bring together
diverse stakeholders at polluted sites designated
as Superfund sites. According to the program
guidelines, more than half of the members of a
CAG should be representatives of the
community. The program is intended to extend
beyond simply informing communities about
issues associated with a Superfund site; it also is
designed to provide to communities tools to
help them become more involved in decisions
about the cleanup of a site. CA Gs are designed
to provide members of the public an opportunity
to share their views about cleanup and provide
EPA an opportunity to listen and respond to
concerns expressed by communities about
cleanup decisions. Since the inception of the
CAG program, approximately 42 CAGs have
been established.
• Incorporating a CAG as a nonprofit
organization
• Applying for tax-exempt status from feperal
and state governments
• Applying for grants from EPA and other
technical assistance programs
• Identifying other sources of funding to support
the CAG .
Copies of the toolkit, Ms. Wells reported, have
been provided to each CAG and members of
EPA's community involvement staff in each region.
EPA CIOC had requested comment about the
usefulness of the toolkit and will revise the
document as needed to respond to comments it
receives, she noted. Ms. Wells then expressed
her interest in the opinions of the members of the
subcommittee about the toolkit.
Reporting that she had shared copies of the draft
toolkit with others who are not involved in issues
related to environmental justice, Ms. Jaramillo
stated that the comments she had received
indicate that the document is thorough and
provides useful guidelines to help community
7-16
National Environmental Justice Advisory Council
members develop processes and procedures for
establishing community organizations. Ms. Wells
pointed out that the document is intended to assist
communities dealing with any cleanup site, not just
Superfund sites. Ms. Ramos recommended that
Ms. Wells consider adding language to the toolkit
to indicate that the document also can be used by
environmental justice communities. In response,
Ms. Wells referred to ongoing discussions within
CIOC, commenting that EPA does not wish the
toolkit to be considered a tool solely for the use of
environmental justice communities.
Ms. Ramos also suggested that the toolkit be
revised to specify that outreach committees should
be established to distribute information about the
CAG to the community. Many communities, .she
stated, do not know what a CAG is or understand
its intended purpose. Ms. Wells agreed. Mr.
DuBois commented that the organization he
represents is a recipient of a technical assistance
grant (TAG); he asked whether the TAG also is a
CAG, adding that he had not been informed that a
CAG should be formed. Ms. Wells explained that
an organization that receives a •TAG is not
necessarily a CAG and that a member of a CAG
might be a recipient of a TAG. Ms. Ramos then
recommended that no CAG should fail to invite the
participation of individuals or organizations that
receive grants. Ms·. Wells offered to meet with Mr.
DuBois after the subcommittee meeting to discuss
his concerns more specifically, adding that more
detailed information about the TAG program
should be added to the toolkit.
Emphasizing the importance of providing
documents in languages other than English, Mr.
Coss asked whether the toolkit would be published
in Spanish. Ms. Wells confirmed that a Spanish
translation of the document was to be completed
by July 1998, adding that the document can be
translated into other languages, as needed.
Thanking Ms. Wells for her time, Ms. Ramos
reaffirmed earlier comments by members of the
subcommittee that the toolkit will be a useful tool
for communities'.
6.0 RESOLUTIONS AND
SIGNIFICANT ACTION ITEMS
This section summarizes resolutions forwarded to
the Executive Council of the NEJAC for
consideration and significant action items
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
undertaken by the Public Participation and .
Accountability Subcommittee.
The members discussed a resolution in which the
NEJAC requests that EPA:
• Establish a public participation and
accountability work group under the NEJAC's
Public Participation and Accountability
Subcommittee to develop and implement a
public participation model tailored to the
specific needs and characteristics of the
Commonwealth of Puerto Rico and the
Caribbean
• Invite members of the local community,
relevant interest groups, and other
stakeholders in the Commonwealth of Puerto
Rico to form the membership of the . work
group
The members also adopted the following action
items:
✓ Revise the guidelines for public comment
periods to ensure fairness for all commenters
by enforcing the "five-minute rule" and
requesting that members of the Executive
Council of the NEJAC limit their responses to
requests for clarification or to reinforce issues
raised during public commen~ periods. The
members of the subcommittee also agreed to
recommend that a public comment period be
scheduled after the reports of the
subcommittees have been presented to allow
members of the public to respond to and
inquire about issues raised during meetings of
the subcommittees.
✓ · Incorporate revisions in the guidelines for
planning site tours sponsored by the NEJAC
to assist communities in gaining more effective
exposure during the site tour and develop
guidelines for the layout of community poster
sessions to ensure that community gro'ups are
assigned the most visible locations.
✓ Recommend that the NEJAC, in its written and
verbal responses to members of the public,
respond in a more positive manner and
identify resources that might be of assistance
to communities that raise issues before the
NEJAC.
Oakland, California, June 2, 1998
Public Participation and Accountability Subcommittee
✓ "Adopt" the NEJAC Assessment Group by
working with members of the group to develop
guidelines for assessing the accountability of
the NEJAC.
✓ Provide to the EPA Office of Sustainable
Ecosystems and Communities comments on
the draft publication titled "Community-Based
Environmental Protection: A Resource Book
for Protecting Ecosystems and Communities."
7-17
MEETING SUMMARY
of the
WASTE AND FACILITY SITING SUBCOMMITTEE
ofthe
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
June 2, 1998
Oakland, California
Meeting Summary Accepted By:
----
~
ent Benjamin
Designated Federal Official
Charles Lee
Chair
CHAPTER EIGHT
MEETING OF THE
WASTE AND FACILITY SITING SUBCOMMITTEE
1.0 INTRODUCTION
The Waste and Facility Siting Subcommittee of the
National Environmental Justice Advisory Council
(NEJAC) conducted a one-day meeting on
Tuesday, June 2, 1998, during a three-day
meeting of the NEJAC in Oakland, California. Mr.
Charles Lee, Director of Research, Commission
on Racial Justice, United Church of Christ, served
as chair of the subcommittee for the final time. Mr.
Kent Benjamin, U.S. Environmental Protection
Agency (EPA) Office of Solid Waste and
Emergency Response (OSWER), continues to
serve as the Designated Federal Official (DFO) for
the subcommittee. Exhibit 8-1 presents a list of
the members who attended the meeting and
identifies those members who were unable to
attend.
This chapter, which provides a detailed summary
of the deliberations of the Waste and Facility Siting
Subcommittee, is organized in five sections,
including th.is Introduction. Section 2.0, Remarks,
summarizes the opening remarks of the chair and
the acting Assistant Administrator of EPA OSWER.
Section 3.0, Presentations and Reports, presents
an overview of each presentation and report
offered to the subcommittee, as well as a
summary of the questions and comments those
presentations prompted on the part of the
members of the subcommittee. Section 4.0,
Summary of Public Dialogue, summarizes
presentations offered during the public dialogue
period provided by the subcommittee. Section 5.0,
Significant Action · Items, summarizes the .
significant action items adopted by the members of
the subcommittee.
2.0 REMARKS
Mr. Lee opened the subcommittee meeting by
welcoming the members pres.ent and Mr.
Benjamin, the DFO. Mr. Lee announced that the
meeting would be his last as chair of the
subcommittee. He then introduced Mr. Timothy
Fields, Acting Assistant Administrator, EPA
OSWER, commending the strong support Mr.
Fields and the staff of OSWER for the strong
support they had given the subcommittee since its
founding.
Oakland, California, ,lune 2, 1998
Exhibit 8-1
WASTE AND FACILITY SITING
SUBCOMMITTEE
Members
Who Attended the Meeting
June 2, 1998
Mr. Charles Lee, Chair
Mr. Kent Benjamin, DFO
Ms. Sue Briggum
Ms. Dollie Burwell
Ms. Lillian Kawasaki
Ms. Vernice Miller
Mr. Gerald Prout
Mr. Ricardo Soto-Lopez
Mr. Mathy Stanislaus
Ms. Connie Tucker
Mr. Damon Whitehead
Members
Who Were Unable To Attend
Mr. Michael Hohnes
Ms. Cynthia Jennings
Ms. Brenda Lee Richardson
Mr. Fields recognized the contributions of three
members of the subcommittee whose terms were
expiring. He presented "NEJAC Pioneer Award"
plaques to Ms. Dollie Burwell, Warren County
(North Carolina) Concerned Citizens Against
Polychlorinated Biphenyls; Ms. Lillian Kawasaki,
Department of Environmental Affairs, City of Los
Angeles, California; and Ms. Connie Tucker,
Southern Organizing Committee for Economic and
Social Justice. Mr. Fields then presented a plaque
to Mr. Lee "for serving as a moral compass for
EPA as the first chair of the EPA NEJAC Waste
and Facility Siting Subcommittee."
After the presentations, Mr. Lee reflected on the
successes and progress of the NEJAC and the
subcommittee. He noted that, as early as 1994,
well before the signing of Executive Order 12898
• on Environmental Justice, OSWER had
established an environmental justice steering
8-1
Waste and Facility Siting Subcommittee
committee and developed an action agenda to
address concerns related to environmental justice.
Mr. Lee 1added that, given the contentious nature
of the environmental justice debate, a hallmark of
the subcommittee's efforts had been the
realization of a true consensus on a number of
environmental justice issues. Mr. Lee maintained
that the leadership and commitment of the
subcommittee, along with the support of OSWER,
had ensured that the proper resources were
available to address environmental justice issues.
Mr. Lee then recognized the role that community
involvement plays in "pushing environmental
justice matters forward."
Continuing, Mr. Lee cited as a success story the
decision by the governor of North Carolina to fund
the detoxification of the landfill in Warren County.
Clarifying his comment, Ms. Burwell explained that
the subcommittee and community activists in
Warren County had fought for an on-site solution
so that waste would not be shipped to another
community of people of color. Mr. Lee and Ms.
Burwell noted that the decision made in the case
to invest a large portion of the cleanup funds in the
community to foster economic development was a
significant achievement for the subcommittee and
for environmental justice.
Mr. Lee then went on to discuss the challenges
that lay ahead for the subcommittee. He called for
a critical assessment of the NEJAC process. He
stated his belief that environmental justice is at a
crossroads: the easy work, the identification of
environmental justice areas of concern, had been
done, he said, and the hard work, the
implementation of solutions that address
environmental justice problems, remains to be
done. Som.~ of the areas Mr. Lee identified as
priorities are:
• Integration of environmental justice into every
discipline and division of EPA and the federal
government through the extension of models
that have demonstrated success and the
development of channels for inter-office
communication
• Development of effective leadership
• Continued commitment to key environmental
justice areas of concern, such as relocation
and the issues raised by indigenous peoples
8-2
National Environmental Justice Advisory Council .
• Defining of the overlap between civil rights
issues under Title VI of the Civil Rights Act of
1964 and environmental justice so that
environmental justice can be placed more
solidly "in the spotlight of _the nation's social
agenda"
Upon the conclusion of his opening remarks, Mr.
Lee introduced the first of the presentations the
subcommittee was scheduled to receive.
3.0 PRESENTATIONS AND REPORTS
This section summarizes the presentations made
and reports submitted to the Waste and Facility
Siting Subcommittee.
3.1 Issues Related to the Superfund Program
The · members of the subcommittee received
presentations about and discussed several topics
related to the Superfund Program conducted by
EPA under the authority of the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA): a report of the status of
the Superfund reauthorization process, a status
report on the policy on relocation under Superfund,
an update on EPA's plan to enhance the roles of
states and tribes in the Superfund program, and a
report on the response of OSWER to the
resolution on expedited cleanup at Superfund sites
in Puerto Rico approved by the 'Executive. Council
of the NEJAC at the December 1997 meeting in
Durham, North Carolina. The presentations and
the subcommittee discussions of them are
summarized below.
3.1.1 Status of the Superfund
Reauthorization Process
Ms. Suzanne Wells, EPA Office of Emergency and
Remedial · Response (OERR), briefed the
subcommittee on the status of the Superfund
reauthorization process. She first stated that the
process had taken five years and that much work
remains to be done before reauthorization of
CERCLA, or Superfund, can take place.
According to Ms. Wells, both the Senate and
House Committees had marked up bills in March
1998. Numerous meetings of stakeholders had
been held to discuss the form a reauthorized
Superfund should take, added Ms. Wells.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
Ms. Wells then listed the Clinton administration's
principles for Superfund reform as:
• Protection of human health and welfare of the
environment
• Maximization of participation by responsible
parties in the conduct of cleanups
• Inclusion of effective state, tribal, and
community involvement in aecision making
• Promotion of economic development or other
beneficial reuse of sites
• Acceleration of the pace of cleanups,
improvement of efficiency of the program, and
limiting of litigation and transaction costs
without disruption of progress in achieving
cleanup _
Ms. Wells stated that there is more agreement
among Congress, the Administration, and EPA
· about public participation provisions than about
any other aspect of Superfund reauthorization. In
fact, she continued, all the bills introduced expand
public participation requirements from a mandate
to inform the public to involve the public in the
cleanup process. Ms. Wells explained that
provisions to improve technical assistance grants
(TAG} include the expansion of the availability of
T AGs to sites that are not included on the National
Priorities List (NPL), sites having priority for
cleanup under Superfund. Exhibit 8-2 provides
information about EPA's Superfund TAG program.
Another provision, she added is the elimination of
the statutory requirement that communities match
20 percent of the amount of a TAG. A final public
pa~ipation provision under consideration is the
·•~encouragement of the establishment of community
advisory groups (CAG} at sites to foster broad-
based involvement of stakeholders in the decision-
making process, said Ms. Wells.
Despite such agreement on the public participation
aspects of Superfund, Ms. Wells noted, there is a
lack of bipartisan consensus on numerous issues
related to reauthorization. Ms. Wells enumerated
the following positions EPA has taken on sue~
issues that do not enjoy bipartisan support:
• The reopening of past remedy decisions and
consent decrees would be di~ruptive of
Oakland, California, June 2, 1998
Waste and Facility Siting Subcommittee
progress at sites at which . cleanup is
underway
• Treatment of contamination is preferable to
containment whenever the effects of treatment
are long-term and reliable
• Uncontaminated groundwater should be
protected
• States and tribes should be required to meet
minimum criteria to ensure protection of
human health before they are granted
authority over Superfund sites
• EPA should retain the right to respond to an
emergency, even in cases in which authority
over a site has been transferred to a state or
tribe
In summary, Ms. Wells stated that, given the few
days left in the legislative session and the
contentiousness of the debate, it appeared unlikely
that Congress would pass a Superfund
reauthorization bill in 1998.
At the conclusion of Ms. Wells presentation, Ms.
Vernice Miller, Natural Resourc~s Defense
Council, stated that she would not like to see
Superfund reauthorized · in its present form
because such legislation would not serve
ExhibitS-2
SUPERFUND TECHNICAL ASSISTANCE
GRANTS PROGRAM
Community involvement is an important part of
the U.S. Environmental Protection Agency's
(EPA) efforts under the Superfund program to
respond to risks associated with the nation's
worst hazardous waste sites. The Technical
Assistance Grant (TAG) program provides funds
for qualified citizens' groups affected by a
Superfund site to hire independent technical
advisors to help interpret and comment on site-
related information.
Additional information about the TAG program
is available on EPA's Superfund Home Page at
http://www.epa.gov/oerrpage/superfnd/web/ oerr
/tag/tag. htm.
8-3
Waste and Facility Siting Subcommittee·
. environmental justice. Ms. Miller then cautioned
that the subcommittee should be wary of the
possibility that the substantive provisions of
Superfund might be "stripped" while the public
participation aspects of the legislation are
improved. A crucial deficiency of the proposed
Superfund legislation in its current state, explained
Ms. Miller, is that EPA cannot add sites to the NPL
and expand the potential number of Superfund
sites. Without the authority to do so, EPA cannot
designate low-income and minority areas as
Superfund sites despite the fact that such areas
are "disproportionately contaminated," said Ms.
Miller.
In response Mr. Fields stated that EPA opposes
any restrictions on the addition of sites to the NPL.
He stated that sites are being added to the NPL at
the rate of 25 per year and further that EPA plans
to "double that figure." Mr. Fields added that the
criteria for including a site on the NPL are
established by EPA's Hazard Ranking System
(HRS), developed in 1990, that serves as a
screening tool that EPA uses to evaluate the risks
posed by a site. The system will not be modified,
he continued, until after Superfund has been
reauthorized, so that the HRS can be reevaluated .
in the conte?ct of the new legislation.
Continuing the subcommittee's discussion of
Superfund reauthorization, Ms. Tucker stated that
the establishment of minimum criteria for transfer
of Superfund responsibilities to states is "critical"
because states often lack the resources or political
will to address problems properly . Ms. Tucker
recommended that minimum criteria consider the
established track record of the state in responding
to the concerns of the communities. States that
are "good actors" then can be held up as models
that guide other states in handling responsibility for
Superfund, she added.
Ms. Tucker also raised the issue of the use of local
labor in the cleanup of Superfund sites, so that
economic benefits can accrue to the community,
rather than allowing outside entities to both
contaminate the site and profit from its
· reme~iation. If necessary, community members
should be trained to perform the cleanup, she
added. Ms. Wells responded that EPA has no
statutory authority to force a contractor to hire local
labor .. However, she added, EPA can provide
training to community members and bring to the
attention of contractors the availability of
8-4
National Environmental Justice Advisory Council
appropriately trained workers in the community.
Mr. Fields added that EPA has adopted an
initiative called Recycling of Superfund Sites that
seeks to create jobs and spur economic
development in affected communities through
training and use of local labor. Further provisions
for hiring local labor will be included in the new
Superfund contracts signed after 2000, he added.
Ms. Wells then announced that, in Septernber
1998, OERR would hold a stakeholders forum
titled Redevelopment of Superfund Sites. She
urged members · of the subcommittee and the
NEJAC to attend the forum.
To develop a better understanding of the issues
raised during their discussion of Superfund
reauthorization, Mr. Lee proposed that the
subcommittee establish a work group to examine
the ways in which such issues affect
environmental justice.
At the conclusion of the discussion of Superfund
reauthorization, Ms. Miller cited as evidence the
lack of congressional leadership, the rejection by
Congress of the President's request to extend
funding at sites at which cleanup is underway. Ms.
Miller maintained that achievement of the
reauthorization of an effective and environmentally
just Superfund will require the diligence and
leadership of the subcommittee.
3.1.2 Status Report on the Policy on
Relocation under Superfund
Ms. Wells continued her Superfund presentation
with an update on the development of the national
policy on relocation under Superfµnd. Ms. Wells
outlined the development by OERR of an interim
final relocation policy that would govern the
circumstances underwhich permanent relocation
of communities affected by contamination at
Superfund sites would be considered as part of a
remediation strategy. During the development of
the policy, she said, eight stakeholder meetings
were held, the views of the EPA regions were
solicited, as were the opinions of EPA's Office of
General Council (OGC) and Office of Enforcement
and Compliance Assurance (OECA) and the
Agency for Toxic Substances and Disease
Registry (ATSDR). She added that the comments
Ms. Tucker offered during the stakeholder meeting
held the previous Octo,ber in Charleston, South
Carolina with environmental justice stakeholders
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
from the Appalachian region helped "ground
OERR in environmental _justice issues."
Ms. Wells stated that relocation decisions would
be made in accordance with the nine .remedy
selection criteria set forth · in the National
Contingency Plan (NCP), which provides the
regulatory framework for CERCLA. The interim
final relocation policy, she said, states that EPA's
preference is to cleanup and restore property so
people can continue to live safely in their homes.
However, she continued, the policy provides
examples of situations in which · permanent
relocation could be considered, such as:
• Buildings present physical barriers to cleanup
• Unreasonable restrictions on activity remain
after completion of the cleanup
• Expected duration of temporary relocation
would be excessively lengthy
• Homes are not "buffered" from cleanup
Ms. Wells then listed the policy recommendations
developed during stakeholder meetings:
• At NPL sites at which EPA is considering
relocation as a remedy option, the community
may obtain the services of an independent
relocation expert or advisor through th.e TAG
program, which provides grants of as much as
$50,000
• A relocation advisor would work with the
community, providing advice on the provisions
of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 and other
relocation issues, such as, appraisals and real
estate tax laws
Ms. Wells then outlined the schedule for
completion and distribution of the relocation policy,
as follows:
• An interim final policy will be issued in July
1998 .
• A response to comments document is being
compiled to address comments offered during
the stakeholder forums
Oakland, California, June 2, 1998
Waste and Facility Siting Subcommittee
• EPA expects to publish a Notice of Availability
(July 31, 1998) in the Federal Register to
announce the availability of the policy _
• A stakeholder . meeting is planned for
approximately six months after release of the
policy to convene representatives who
attended the earlier stakeholder meetings to
share each groups' comments on the interim
final policy
• Copies of the interim final policy will be sent
directly to members of the NEJAC and
participants in the stakeholder forums, when
the policy has been completed
Ms. Wells added that EPA OERR will work with the
NEJAC to develop a mailing list.of individuals who
are to receive copies of the policy ..
Ms. Wells concluded the update by suggesting as
a next step the development of guidance for
conducting temporary and permanent relocations.
She emphasized that · the policy helps direct
decisions to relocate families, butthat it does not.
offer guidance on implementing relocation.
Mr. Gerald Prout, FMC Corporation, pointed out
that implementation of relocation is as important as
the decision to relocate and suggested that the two.
policies should be developed in concert. Ms.
Wells replied that the relocation advisors she had
discussed would help to develop guidance for the
implementation of relocation. Although such
guidance would not be made available for at least
a year, Mr. Wells added, the National Relocation
Pilot Project conducted at Pensacola, Escambia .
County, Florida offers evidence of both effective
and ineffective components of a relocation policy.
Mr. Prout then advised that the subcommittee help
craft implementation policy for relocation under
Superfund. Exhibit 8-3 provides background
information about EPA's first Relocation
Roundtable meeting.
Ms. Margaret Williams, Citizens Against Toxic
Exposure, discussed the effects of an effort by
EPA Region 4 to relocate members of the
community in the vicinity of the Escambia
Superfund site. Drawing on the lessons of her
interactions with EPA and the Pensacola
community, Ms. Williams identified the following
major issues to be addressed in developing an
effective relocation policy:
8-5
Waste and Facility Siting Subcommittee
Exhibit 8-3
RELOCATION ROUNDTABLE MEETING
The first Relocation Roundtable meeting,
sponsored by EPA's Office of Solid Waste and
Emergency Response (OSWER); was held May
2 through 4, 1996 in Pensacola, Florida. The
purpose of the meeting was to obtain the views
of citizens on the criteria that EPA should
. consider when making decisions about
relocation issues. Participants identified several
"triggers" or "flags" that indicate that relocation
issues are pertinent at a particular site.
As a result of the roundtable meeting, EPA
identified the Escambia Superfund site as a pilot
project and committed to relocating as many
families as possible. Lessons learned from the
Escambia relocation project will play a key role
in the development of the final policy on
relocation. under Superfund.
• Failure of EPA to involve the community in its
decisions
• Use of a deficient site assessment prepared
by ATSDR
• Slow implementation of relocations after
contamination levels have been assessed
• Public health and safety concerns about
demolition at the site
• Compensation for people who vacate homes
before the relocation decision is made
• Appraisal of original {pre-relocation) homes
and destination (post-relocation) homes and
the condition of destination homes
Ms. Williams then raised the concern that the
Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 is not directly applicable
to Superfund relocation issues. Ms. Wells
responded that the 1970 act was designed to
compensate people dislocated by projects of the
U.S. Department of Transportation. Therefore,
she said, it likely does not adequately address the
environmental justice aspects of relocation under
Superfund. Mr. Fields then declared that OSWER ·
would work with staff of EPA Region 4 and Ms.
Williams to examine how the 1970 act impedes
an effective and fair relocation policy and whether
8-6
Nationat'Environmental Justice Advisory Council
it is possible to apply ~he 1970 act to relocations
under Superfund, thereby enabling EPA to
consider environmental justice in its
implementation of such relocations.
Mr. Lee then requested that OSWER investigate
the issues related to the implementation of EPA's
relocation policy as part of the relocation pilot
project in Pensacola, Florida. In addition, he
requested the scheduling of a monthly conference
call during which the NEJAC can coordinate its
efforts in the area with OSWER, the U.S. Army
Corps of Engineers, as well as with citizens and
community organizations. Ms. Miller added a
request that the subcommittee investigate the
feasibility of providing recommendations related
to amending CERCLA to facilitate relocation.
She also requested that the subcommittee
examine how the Uniform Relocation Assistance
and · Real Property Acquisitions Act of 1970
affects relocation efforts.
Ms. Williams and Ms. Tucker then injected
considerations of environmental justice into the
discussion of relocation. They pointed out that
relocation decisions.are applied unevenly across
lines of race and income. Of 16 relocations that
have taken place, Ms. Tucker pointed out, only
one involved a community of color and only two
involved low-inco·me communities. Mr. Ricardo
Soto-Lopez, Puerto Rico-Northeast
Environmental Justice Network, added that
relocations conducted by the Commonwealth of
Puerto Rico in the late 1970s demonstrated the
injustices that confront· low-income and ethnic
minority communities.
'
Ms. Miller advised that case studies of Superfund
relocations include examples of relocations of
white communities and middle-and upper-income
communities to contrast with the Pensacola and
Puerto Rico relocation cases. It is only an
environmental justice concern if the
subcommittee can show disparate treatment of
communities involved in Superfund relocation
according to race, ethnicity, or income, she
added.
Concluding the discussion of Superfund
relocation, Mr. Lee requested that the
subcommittee develop a number of case studies
of EPA's experiences in conducting permanent ,.
relocation authorized under Superfund. He
recommended that the case studies include the
Pensacola pilot project and an example of the
relocations conducted in Puerto Rico and that
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council Waste and Facility Siting Subcommittee
they focus on disparities among cases that are
related to race, ethnicity, or income.
3.1.3 EPA Plan to Enhance the Role of
States and Tribes in the Superfund
Program
Implementation of the Plan to Enhance the Role
of States and Tribes in Superfund" (EPA 540-R-
98-012, March 1998) or by contacting Mr. David
Evans, Djrector, EPA State/Site Identification
Center, at [phone].
For the preceding two years, Ms: Wells stated,
EPA Headquarters and regional staff and state
and tribal employees have been investigating
ways to enhance the current roles of states and
federally recognized tribes in the Superfund
program. EPA's plan to enhance the role of the
states and tribes in the Superfund program
proposes an integrated process for implementing
recommendations for enhancing the roles of
states and tribes, as well as ways to begin the
process under a national pilot program, she said.
Exhibit 8-4 provides a description of the
framework for the agency's plan. Ms. Wells then
informed the subcommittee that they could obtain
more information about the plan from the "Pilot
Ms. Wells continued, stating that the EPA regional
offices were to discuss the plan with all states and
tribes currently involved in the Superfund
program. The goal of such discussions, would be
. to select at least one state and one tribe to pilot
test the initiative to enhance the roles of each in
the Superfund program, and test the concepts
embraced in the plan. Ms. Wells added that the
deadline for the regions to identify pilot nominees
was June 19, 1998. She concluded her
presentation by emphasizing the importance of
NEJAC's involvement in the conduct of the pilot
evaluation and examination of the criteria
proposed for assessing model qgreements, so
that environmental justice will be integrated into
the plan.
Exhibit 8-4
U.S. ENVIRONMENTAL PROTECTION AGENCY'S (EPA) PLAN TO ENHANCE THE
ROLE OF STATES AND TRIBES IN THE SUPERFUND PROGRAM
The framework for implementing EPA's plan to enhance the role and responsibilities of states and
tribes in the Superfund program is described'below.
Communication:
Readiness:
Assistance:
Agreements:
Tribal Programs:
EPA should hold general discussions with state and tribal Superfund program
managers to explore their interest in an enhanced role in the Superfund
program.
When a state or tribe expresses interest in an enhanced role in the Superfund
program, EPA and the state and tribe will meet to discuss the full range of
program activities that it would like to implement. The EPA regional office
will work with the state or tribe to identify the program criteria by which to
evaluate the state or tribal program, and will work with that state or tribe to
gauge the level ofreadiness to assume program responsibilities.
Toe state or tribe and the EPA regional office will identify and discuss the
technical and financial assistance that is needed for the state or tribe to perform
the negotiated activities. Assistance needs are identified for activities the state
or tribe can begin conducting in the near tenn, as well as activities that the state
or tribe, hopes to implement in the long tenn.
Toe EPA regional office and the state or tribe negotiate and sign a program
agreement to formally establish and document their roles and responsibilities in
an enhanced partnership to implement Superfund.
EPA has learned that there are different concerns and priorities when working
with tribes rather than states. Ways to address these differences will be
integrated into the implementation process to ensure that tribes, .as well as
states, are fully involved in developing and implementing Superfund programs.
Oakland, California, June 2, 1998 8-7
Waste and Facility Siting Subcommittee
Mr. Mathy Stanislaus, Enviro-Sciences, Inc.
suggested that the Waste and Facility Siting
Subcommittee evaluate state applicants and that
the Indigenous Peoples Subcommittee evaluate
tribal applicants. Ms. Kawasaki then requested
that OSWER allow the subcommittee to review
the applications from an environmental justice
perspective for the selection of sites for the pilot
program on enhancing the role of states and
tribes in Superfund and to help guide the
development of the program. Mr. Benjamin then
announced the scheduling of a conference call
between OSWER and members of the
subcommittee for Tl;lursday, June 11 , 1998 to
discuss the plan. He also suggested that a
follow-up call be held two weeks after that
conference call.
Mr. Fields stated once more that the NEJAC
would have the opportunity · to identify worthy
candidates among the nominees and influence
the conduct of the pilot projects. Ms. Linda
Garczynski, Director of Outreach/Special Projects
Staff, EPA OSWER, added that the pilot project
would have "massive" implications for
reauthorization and that the subcommittee should
take the process under serious consideration.
3.1.4 EPA's Response to the NEJAC's
Resolution on Superfund Sites in
Puerto Rico
Mr. Soto-Lopez updated the subcommittee on the
status of Waste Resolution No. 8, Resolution for
the Expedited Clean Up of the Superfund Sites on
the National Priorities Ust and Agency Action on
the 270 CERCLIS (Comprehensive
Environmental Response, Compensation, and
Uability Information System) Sites in Puerto Rico
that was approved by the Executive Council of the
NEJAC at the December 1997 meeting.
Mr. Soto-Lopez declared that OSWER's
response, written by Acting Assistant
Administrator Fields, EPA OSWER, to the
subcommittee's Waste Resolution No. 8 is
deficient. At a meeting in May 1998 with Ms.
Melva Hayden, EPA Region 2's environmental
justice coordinator, and Ms. Mary Helen
Cervantes-Gross, chief of Region 2's Public
Outreach Branch, he continued, Puerto Rican
community members outlined the deficiencies
they identified in EPA's response to the
resolution. Mr. Soto-Lopez stated that despite
EPA's assurances to the contrary, site visits he
had made had indicated that no Superfund site
8-8
. National Environmental Justice Advisory Council
work currently was being perform~d. The status
of the sites, as indicated by EPA site assessment
documents, had not changed significantly
between 1993 and 1997, said Mr. Soto-Lopez.
He then presented the following list of requests,
which he developed as the outcome of the May
1998 meeting he had described: ·
• Monitor cleanup sites quarterly
• Explain how economic benefits can accrue in
affected communities through the cleanup
process
• Reconsider the status of sites that EPA has
reviewed and deemed not appropriate for
inclusion on the NPL, as well as those sites
that have been removed from the NPL, in
light of the community's belief that the sites
were not reviewed adequately
• Expand availability ofTAGs by changing the
requirements for the grants to include
community groups of non-NPL sites
• Address the concerns of the community that
the San Juan and Palo Seco power plants on
the island are more than 50 years old and
bum coal with a sulfur content that is higher
than the level allowed in the U.S mainland.
At the conclusion of Mr. Soto-Lopez's
presentation, Ms. Cervantes-Gross offered the
opinion that there is a need to reach out and seek
community involvement. She added that such an
effort had been made in the case of the 10 NPL
sites in Puerto Rico. Bilingual communication
channels had been established and EPA is willing
to work with CAGs at each site, she said. Ms.
Cervantes-Gross emphasized that involvement of
the community groups must be at the will of the
community itself.
Mr. Fields then asked where staff of EPA Region
2's Caribbean Environmental Protection Division
(CEPD), who are responsible for Sup~rfund sites
in Puerto Rico, are located. Ms. Cervantes-Gross
replied that most of the CEPD staff, including the
division directors, are located in New York. She
added, and Ms. Hayden expressed agreement,
that there is a move to expand the staff of CEPD,
both on the mainland and ori the island. Ms.
Hayden then noted that there is inherent distrust
between environmental authorities in Puerto Rico
and the community activists and
nongovernmental organizations (NGO) of the
island. The NGOs trust Region 2 staff in the U.S.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
more than CEPD staff on the island, she stated.
Mr. Soto-Lopez observed that the Puerto Rican
government's pro-statehood position conflicts with
the views of community activists. That conflict, he
said, results in the repression of environmental
causes of the communities.
Mr. Stanislaus then set forth his view that while
EPA's response to Waste Resolution No. 8 does
describe the action being taken at each site, it
does not offer an adequate response .to the
specific environmental justice concerns that the
contaminated sites, including Superfund sites,
have a significant negative effect on an ethnic
minority and low-income population.
Mr. Lee then offered a different interpretation of
the response to the resolution. He stated that the
response is helpful in that its precision
encourages further response. While the
response may not address all the environmental
justice concerns of the Puerto Rican community,
he continued, it is "certainly decent." Further, he
observed, the resolution was not treated
dismissively, as had been the case with some
responses to resolutions from the NEJAC
forwarded to the EPA Administrator. Mr.
Benjamin agreed, stating that the resolution had
received the attention of a number of offices and
personnel within the agency, including the
administrator of Region 2; Superfund staff; the
principal deputy assistant administrator of OECA,
Ms. Sylvia Lowrance; and the Office of
Environmental Justice (OEJ). The resolution, he
continued, can serve as a model for the
subcommittee and the NEJAC of how to direct a
resolution that is precise in calling for specific
actions to the appropriate EPA divisions and
federal agencies most likely to be able to address
the issues of concern. Ms. Hayden concurred,
adding that dialogue like the present exchange
can serve as a model for EPA in building
relationships with NGOs and communities. Mr.
Lee then requested that Mr. Soto-Lopez write a
response to the Waste Resolution No. 8 prepared
by Mr. Fields that outlines Mr. Soto-Lopez's
concerns.
Ms. Miller stated that, from an environmental
justice perspective, there is a qualitative
difference between the way in which laws are
implemented and enforced in Puerto Rico and
those processes in the U.S. mainland. Ms.
Hayden added that different environmental justice
concerns rela,ted to ethnicity and income affect
sites in Puerto Rico. An ap.proach tailored to the
Oakland, California, June 2, 1998
Waste and Facility Siting Subcommittee
Puerto Rican community is needed, she
suggested.
Ms. Hayden then described the efforts made by
EPA Region 2's Environmental Justice Work
Group to address Superfund issues in Puerto
Rico. She stated that the work group's Interim
Policy Subgroup had worked diligently to identify
environmental justice concerns, in the absence of
any guidance from EPA Headquarters. The
subgroup had drafted a methodology to identify
environmental justice concerns, she said.
Community ·leader Ms. Rosa Hilda Ramos,
Community of Catano Against Pollution and chair
of the Public Participation and Accountability
Subcommittee, and other activists are concerned
that the community had no influence on the
development of the draft interim policy on
environmental justice for Region 2, she
continued. Ms. Hayden agreed with that point,
stating that EPA generally performs peer review
of draft policies internally before presenting such
policies to the public. Ms. Hayden then explained
that it is difficult to identify communities affected
by issues of environmental justice in Puerto Rico
because of the lack of a mandate in law· to collect
census data on race ·and income for the island.
The Interim Policy Subgroup had decided to
solicit the views of the community by asking that
Ms. Ramos review the draft interim policy, said
Ms. Hayden. After the internal peer review period
has concluded, she continued, the document will
be shared with various public stakeholders for
review.
In conclusion, Mr. Lee commented that he would
like to see nominations of individuals from Puerto
Rico for membership on the subcommittee,
particularly in light of the departure of Mr. Soto-
Lopez.
3.2 Status Report of the Waste Transfer
Station Work Group
Before turning to the status report of the Waste
Transfer Station (WTS) Work Group, Mr. Lee
stated that the resolution to establish such a work
group to identify the problems associated with
WTSs and communicate them to EPA had been
adopted by the NEJAC in February 1998. Mr. Lee
then directed the subcommittee to discuss the
environmental justice implications of WTSs.
Mr. Stanislaus then provided some background
information on the issue. Consideration of WTSs
by the subcommittee was triggered by the
scheduled closing of the Fresti Kills Landfill in
8-9
Waste and Facility Siting Subcommittee
New York City in 2002, he said. Because of the
closing of Fresh Kills, New York City is requesting
proposals for new landfill sites, he continued.
Most of the sites identified are in communities of
color, and 70 percent of WTSs in New York City
already are located.in minority communities, said
Mr. Stanislaus.
Mr. Stanislaus then presented a preliminary draft
of the wrs work group's plan to identify
environmental justice issues and implement
changes in the siting and operation of WTSs. He
stated that the work group's plan to assess the
effects of such facilities on communities, which
was to focus on New York City and Washington ,
D.C., includes examination of the:
• Types of effects caused by facilities
• Effects related to impacts resulting from the
increased need for transportation to meet the
needs of such facilities
• Degradation and displacement of uses of
properties adjacent to such facilities
• "Oversiting" or "over saturation" of WTSs in a
community
Another · aspect · of the examination of
environmental justice implications of the siting
and operation of WTSs, Mr. Stanislaus added, is
the identification of the regulatory processes that
govern their siting and operations including the
identification of disparate effects associated with
the siting or operation of facilities and the
examination of facility owners' communications
with community representatives. The final
element of the draft plan, he continued, would be
the development and implementation of
• .-ecofflmendations. based on the examination of
the environmental justice issues associated with
WTSs. Mr. Stanislaus stated in conclusion that
he wished the subcommittee to make a
commitment to review the plan and EPA to
evaluate and implement the steps outlined in the
WTS work group's preliminary draft.
..
. Several members of the subcommittee and the
audience present then raised points about the
regulation of wrss. Mr. Damon Whitellead,
Lawyers' Committee for Civil Rights Under Law,
asserted that in Washington, D.C. lack of local
government controls leads to the oversiting of
WTSs. Mr. Steve Levy, EPA Office of Solid
Waste (OSW), added, as well, that no federal
8-10
National Environmental Justice Advisory Council
regulations govern wrss. Mr. Levy explained
that, under the Resource Conservation and
Recovery Act (RCRA), there is federal regulatory
authority for management of hazardous waste,
but not for management of municipal waste. Mr.
Stanislaus added that RCRA clearly delegates
handling of solid waste to municipalities.
However, he continued RCRA also retains
authority to regulate the effects of operation of
waste facilities. Although no regulations govern
the operations of WTSs, the subcommittee can
examine source authority under RCRA to
determine whether its domaio can be expanded
to include municipal solid waste, suggested Mr.
Stanislaus. Mr. Levy then · added that, in any
case, RCRA authorizes only the regulation of
waste disposal and treatment, not the transfer of
waste. Ms. Tucker suggested that EPA regulate
WTSs under the authority of RCRA on the basis
that such facilities often handle hazardous waste
incidentally.
Ms. Hayden then noted that, because of limits on
its jurisdiction, EPA Region 2 had played a limited
role• in identifying sites for new landfills in New
York City and raising the environmental justice
issues related to the siting of such new facilities.
Mr. Soto-Lopez responded that interstate transfer
of waste brings the waste under the jurisdiction of
EPA and makes the handling of such waste an
environmental justice issue.
Ms. Miller then asked whether the existence of
WTSs and the siting of new landfills raise
environmental justice questions, from a civil rights
perspective, under Title VI of the Civil Rights Act
of 1964. If such is the case, the federal
government is obligated to act on behalf of the
affected communities, despite the fact that WTSs
are permitted by the New York City Department of
Sanitation and the city's Department of
Environmental Conservation. Mr. Fields
responded he suspected that if federal funds are
being used for the operation and oversight of
WTSs, then EPA can oversee the decision
making process.
Ms. Miller and Mr. Stanislaus then requested that
Mr. Levy work with Mr. Whitehead and
representatives of New York City to discuss the
adverse effects of WTSs on communities. They
also suggested that WMX Technologies, Inc., the
employer of subcommittee member Ms. Sue
Briggum, provide an industry perspective and that
EPA regions 2 and 3 contribute to the
discussions.
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
Ms. Kawasaki cautioned that focusing solely on
siting of wrss would be short-sighted in that
such a focus fails to address the issue of proper
waste management. Ms. Tucker agreed that the
work group should work in concert with national
efforts to reduce consumption and waste and
support national recycling laws.
Stating that the goals set forth in the preliminary
draft are ambitious, Mr. Lee inquired about a
practical time frame for accomplishing the goals.
Mr. Stanislaus responded that the wrs work
group intends to develop a "comprehensive
deliberative document to present problems and
recommend solutions." He estimated that the
effort to describe the environmental justice
problems and regulatory processes related to
wrss would require approximately six months.
Identification of solutions to those problems would
require another six months, he addE!d.
Mr. Fields admitted that EPA devotes few
resources to the issue of wrss. EPA traditionally
had considered the matter a state and local
government issue, he said. Mr. Fields stated that
EPA spends $200 million per year to address
hazardous waste and only $11 million per year to
deal with municipal solid waste. He then asserted
that the wrs work group could play a role in
assisting EPA in identifying the legislative
authority under which WTSs can be addressed
and in placing the issue in the context of
environmental justice.
Concluding the discussion of wrss, Mr.
Stanislaus requested that, within the next three
months, EPA OSWER investigate how state and
city regulatory processes are related to the
concentration of wrss in relatively small
geographic regions, creating disparate effects on
those regions.
3.3 Update on EPA's Community-Based
Environmental Protection Program
Mr. Gerald Filbin, EPA Office of Policy Planning
and Evaluation (OPPE), Office of Sustainable
Ecosystems and Communities, discussed
community-based environmental protection
(CBEP).
CBEP is "a place-based, holistic, and
collaborative approach to environmental
protection," began Mr. Filbin. It is place-based, he
explained, in that CBEP considers the
environmental and economic effects of
environmental contamination on communities, he
Oakland, California, June 2, 1998
Waste and Facility Siting Subcommittee
said. Environmental contamination affects
different communities in different ways, he
continued. Environmental justice communities, in
particular, suffer disproportionately from
· contamination, and solutions that "do not act at1
the community level" cannot address the specific
problems of particular communities, Mr. Filbin
pointed out. The CBEP program seeks a more
equitable distribution of environmental benefits
and risks among communities, particularly in the
case of environmental justice communities, he
stated.
The CBEP program developed the document
titled "EPA's Framework for CBEP Summary" as
a strategic plan to set priorities· among
communities in need , continued Mr. Filbin. He
stated that he had found some communities that
have "autonomous ability" need only minor
assistance from EPA to develop community-
based environmental protection, while others
need much more assistance in doing so. Mr.
Filbin · confessed that the CBEP program was
"struggling" with the effort to identify the needs of
each community. He suggested that the
subcommittee has an opportunity to help CBEP
identify communities in need of assistance and
set priorities among them.
CBEP is _collaborative, Mr. Filbin continued, in the
sense that the program encourages communities
to influence the development of solutions. CBEP
uses the pooled resources, both money and
knowledge, of diverse stakeholders to develop a
more complete understanding of the problem, he
said. One goal of CBEP is "to empower
communities to be able to address environmental
problems in the future, learning from . the
informational 'infrastructure that the CBEP
program would establish," added Mr. Filbin.
Mr. Filbin stated that the CBEP program is
attempting to integrate EPA's regulatory tools and
state and local governments' regulatory tools with
communities' efforts to solve local environmental
problems. As an example, Mr. Filbin stated that
EPA could collaborate with local governments on
issues related to facility siting. Although EPA has
no statutory authority over local zoning, the
agency has permit authority that can be used to
help determine where industries and other
facilities are sited, he noted. Mr. Filbin then
added that regulated entities in the communities
have resources and focused interests that enable
them to dominate negotiations with community
activists. To help overcome such a perceived
disadvantage, he suggested the subcommittee
8-11
Waste and Facility Siting Subcommittee
could advise his program on ways in which it
could improve communications with minority and
low-income communities.
At the conclusion of Mr. Filbin's comments, Ms.
Kawasaki expressed her concern, as a peer
reviewer of CBEP: A Resource Book for
Protecting Ecosystems and Communities, that
was developed by EPA, that the definition of the
word "ecosystem" does not consider human
health and welfare adequately. Mr. Whitehead
then observed that most of the ecosystems
discussed in the resource book are located in
"green" areas outside urbari areas rather than in
urban communities themselves. Mr. Filbin
responded that the availability of data that could
demonstrate the potential economic benefit to a
community had been a limiting factor that affected
communities for the Resource Book.
Ms. Tucker commented that the people
responsible for implementing CBEP in the EPA
regional offices should be provided environmental
justice training. "Environmental justice people"
have not been involved sufficiently in CBEP
communities, she added. Ms. Hayden then stated
as clarification that mandatory environmental
justice training already had taken place in Region
2. Mr. Benjamin added that regional
environmental justice coordinators should
become involved with CBEP. Ms. Miller then
suggested that, in an effort to encourage other
divisions of EPA to address environmental justice,
staff of OPPE should examine how EPA's
initiatives and innovative programs can reinforce
the goals of environmental justice.
Mr. Stanislaus then expressed his disappointment
that he had not received an adequate response to
a resolution that the NEJAC had forwarded to the
EPA Administrator in May 1997 requesting that
environmental justice concerns be incorporated
into CBEP. Mr. Stanislaus commented that, while
the stated goals of CBEP are laudatory, his
recommendations that environmental justice be
integrated into CBEP had not become practice.
Mr. Stanislaus stated that his experience in South
Bronx, New York City, New York, had led him to
conclude that government agencies communicate
with other government agencies and merely
disclose to communities what has been discussed
or resolved without soliciting the views of those
communities.
In summary, Mr. Lee stated that the principles of
CBEP are basic principles of environmental
justice. Although there is a natural intersection of
8-12
National Environmental Justice Advisory Council
issues, he observed, neither the CBEP program
staff nor the subcommittee have great
understanding of "how to develop synergies
between the two efforts." Mr. Prout added that it
is important to recognize environmental justice as
a "driver for_ CBEP" and other place-based
initiatives, rather than merely a contributing factor.
Environmental justice concerns must be
understood explicitly by the regulated community,
he added.
Concluding the discussion, Ms. Kawasaki asked
whether there is an opportunity for the NEJAC to
contribute to the process of selecting a CBEP
pilot site in the future. Mr. Filbin replied that doing
so would be possible if the subcommittee were to
make a formal proposal to that effect.
3.4 Update on the Risk Assessment
Roundtable
Mr. Benjamin acknowledged the contributions to
the Risk Assessment Roundtable of EPA OERR,
ATSDR, the National Institute for Environmental
Health Sciences (NIEHS), and the Health and
Research Subcommittee of the NEJAC. Mr. Lee
stated that the subcommittee's Risk Assessment
Work Group endeavoring to involve EPA's Office
of Children's Health Protection (OCHP) in
roundtable activities is because the concerns of
the two entities overlap.
Mr. Lee then introduced Mr. David Batson, EPA
OECA, Office of Site Remediation Enforcement,
Policy and Program Evaluation Division. Mr.
Batson stressed the importance of broadening the
group of stakeholders that have influence on the
risk assessment process. He emphasized the
importance of facilitating discussions and creating
a neutral process that lends credibility to the
federal government. Further, it is important to
seek outside expertise as is necessary according
to the circumstances of specific sites, he added.
Ms. Tucker then expressed the opinion that a
smaller roundtable, including community
members only if they can offer informed opinions
about risk assessment, would be most
appropriate for developing the risk assessment
process.
The members of the subcommittee then
discussed a draft resolution that EPA reform the
process by which it performs risk assessments
under CERCLA and RCRA to adequately
consider the risks of adverse health and
environmental effects in minority and low-income
Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
populations that are affected by RCRA and
CERCLA sites.
3.5 Brownfields Issues
The members of the subcommittee received
presentations about and discussed topics related
to the Brownfields program: a status report on
the program, a review of job training opportunities
for minority workers, and a status report on the
guide to standards for redevelopment of
Brownfields currently under development by the
American Society for Testing and Materials
(ASTM). Exhibit 8-5 provides a description of
EPA's Brownfields program. The presentations
and discussions are summarized below.
Exhibit 8-5
U.S. ENVIRONMENTAL PROTECTION
AGENCY'S (EPA) BROWNFIELDS
ECONOMIC REDEVELOPMENT
INITIATIVE
EPA's Brownfields Economic Redevelopment
Initiative is designed to empower states,
communities, and other stakeholders .in
economic redevelopment to work together in a
timely manner to prevent, assess, safely clean
up, and sustainably reuse brownfields. A
brownfield is a site, or portion thereof, that has
actual or perceived contamination and an active
potential for redevelopment or reuse. EPA' s
Brownfields Initiative strategies include funding
pilot prngrams and other research efforts,
clarifying liability issues, entering into
partnerships, conducting outreach activities,
developing job training programs, and
addressing environmental justice concerns.
3.5.1 Status Report on EPA's Brownfields
Program
Mr. Lee introduced Ms. Garczynski, who provided
an update on EPA's Brownfields program.
Ms. Garczynski began by stating that EPA's·
Brownfields program had received a significant
sum of money in 1998 that . supported the
expansion of the number of Brownfields
assessment pilots projects. Exhibit 8-6 provides a
description of the pilot projects. There are now
157 Brownfields pilot cities and 71 new proposals,
she said.
Oakland, California, June 2, 1998
Waste and Facf/ity Siting Subcommittee
Exhibit 8-6
BROWNFIELDS ASSESSMENT
DEMONSTRATION PILOT GRANT
PROGRAM
As a part of the U.S. Environmental Protection
Agency's (EPA) Brownfields Economic
Redevelopment Initiative, the Brownfields
Assessment Demonstration Pilots are designed
to empower states, communities, tribes, and
other stakeholders in economic redevelopment
to work together in a timely manner to prevent,
assess, safely cleanup, and sustainable reuse of
brownfields. EPA has awarded cooperative
agreements to states, cities, towns, counties, and
tribes for demonstration pilots that test
brownfields assessment models, direct special
efforts toward removing regulatory barriers
without sacrificing protectiveness, and facilitate
coordinated public and private efforts at the
federal, state, and tribal and local levels.
Ms. Garczynski stated that her office is evaluating
the issue of community involvement in the
development of proposals for Brownfields
projects. She added that the Brownfields Team
had noted a significant increase in community
involvement because of communication of
information among Brownfields cities. Almost all
cities that are recipients of Brownfields pilot
grants have established Brownfields working
groups at the city or county level, continued Ms.
Garczynsl<i. Citizens sit on those working groups,
participate in the selection of sites, and help
determine how property will be redeveloped, she
said.
Ms. Garczynski then identified a problem facing
the Brownfields program, in that $35 million had
been appropriated for the establishment of
revolving loan funds for Brownfields cleanup, but
the House Appropriations Committee had
restricted use of the funds by requiring specific
statutory authorization for the use of the funds to
support Brownfields work. Ms. Garczynski
explained, that EPA plans to allocate money to
states for site assessments and to fund voluntary
programs that enhance community involvement.
To date, $13 million had been transferred to state
programs to be used for information
dissemination, she said. Ms. Garczynski stated
that allocations to the Brownfields program had
undergone scrutiny on the part of EPA's Inspector
General's (IG) as well as Republican members of
8-13
Waste and Facility Siting Subcommittee
Congress. However, she continued, a U.S.
General Accounting Office (GAO) report and the
IG had concluded independently that all recipients
of Brownfields funding are using the money
appropriately, she said. Other obstacles to the
progress of the program Ms. Garczynski identified
are the IG's questioning o_f EPA's statutory
authority to assist NGOs and of the validity of
socioeconomic research conducted to identify
recipient communities.
Despite those obstacles, Ms. Garczynski noted,
$3.6 million had been spent on research to clarify
the extent of the problem the Brownfields
program addresses and the environmental justice
Nationa1 Environmental Justice Advisory Council
implications of such problems. Of the initial $48
million investment, $942 million had been raised
from private sources for investment in Brownfields
redevelopment, she continued. The Brownfields
Team had selected 16 showcase cities to
demonstrate Brownfields redevelopment, and the
team had enlisted the aid of 20 partners, from
government agencies to community groups and
NGOs, to assist in the pilot, she reported. Exhipit
8-7 provides a description of EPA's showcase
cities. Ms. Garczynski offered as evidence the
fact that EPA's investment in the showcase city
project had leveraged an investment of $25
million from the U.S. Department of Housing and
Urban Development (HUD) in the form of loan
guarantees.
ExhibitS-7
BROWNFIELDS SHOWCASE
COMMUNITIES
Brownfields Showcase Communities have three main goals:
• To promote environmental protection, economic redevelopment and community revitalization
through the assessment, cleanup and sustainable reuse ofbrownfields ·
• To link federal, state, local and non-governmental action supporting community efforts to restore
and reuse brownfields
• To develop national models demonstrating the positive results of public and private collaboration
addressing brownfields challenges
A partnership of more than 15 federal agencies with interests in brownfields redevelopment has
designated 16 Brownfields Showcas~ Communities. The federal agencies participating in the
Brownfields National Partnership will offer special technical, fmancial, and other assistance to selected
communities -Brownfields Showcase Communities-that will be models demonstrating the benefits
of focused, coordinated attention on brownfields. The Brownfields Showcase Communities project
will be the centerpiece of the federal government's Brownfields Initiative and will provide a pattern for
future cooperative efforts in addressing other environmental and economic issues.
..
At the conclusion of Ms. Garczynski's
presentation, Mr. Whitehead expressed his
concern about whether the level of community
influence on the application process for the
Brownfields pilot program is reflected accurately
in the application. Ms. Garczynski replied that the
Brownfields Team follows up by calling ·
community members listed on the application and
inquiring about the degree of their involvement in
the preparation of the application. Applications
that include fraudulent information are not
accepted for further review, she said.
Ms. Miller then raised the concern that there be a
mechanism that can evaluate Brownfields pilot
programs effectively in terms of environmental
justice. She expressed her suspicions that some
programs, such as the New Orleans pilot project
serve environmental justice very well, while
others, such as the New York City, are
"unmitigated disasters" that actually reduce public
participation. Ms. Hayden substantiated Ms.
Miller's observation, saying that Region 2 had not
coordinated the Brownfields effort with
community-based organizations in New York City.
Ms. Hayden stated her agreement that
environmental justice coordinators must be
8-14 Oakland, California, June 2, 1998
National Environmental Justice Advisory Council
involved in Brownfields redevelopment efforts
from the start. Ms. Garczynski added that, in her
experience, regional environmental justice
coordinators have not always been interested in
participating in those efforts because "it takes a
lot of work to review the proposals." She stated
that she _ had observed such reluctance despite
the fact .that EPA has amended the evaluation
methodology, relocated the review panels to
regional offices, and demanded that regional
environmental justice coordinators be
represented on the pilot evaluation panel.
Mr. Lee then remarked that there have been both
successes and failures in the Brownfields
program. He noted that not every city had
adopted the environmental justice perspective in
its redevelopment efforts. Mr. Lee cited as an
example the city of Detroit's attempt to establish
a Brownfields Redevelopment Authority that
included no community members. Mr. Chuck
. Powers, Institute of Responsible Management,
had investigated the makeup of Brownfields staff
and found that it is not racially and ethnically
diverse, said Mr. Lee.
Mr. Fields then stated his belief that it is possible
to change the approach to Brownfields
redevelopment in New York City and other cities
that have not exemplified the ideals of
environmental justice. He recommended the
establishment of measures, such as the
withholding of showcase city status, to dissuade
local Brownfields coordinators from excluding
community members from discussions. Further,
added Ms. Garczynski, Brownfields
redevelopment proposals that fail to specifically
include environmental justice considerations can
be filtered out by the regional environmental
justice coordinators.
-• ~
.,.
3.5.2 Minority Worker Training Program
Ms. Sharon Beard, National Institute of
Environmental Health Sciences (NIEHS),
reviewed the efforts of the Minority Worker
Training Program (MWf P), a collaboration
between EPA and NIEHS to train inner-city young
adults to enter the environmental restoration field .
Ms. Beard noted that MWf P had sent letters to
Brownfields showcase community project
managers describing the program and the training
_ programs of the six current recipients of grants
under the MWfP. She added that the
educational material, produced by the National
Clearinghouse for Worker Health and Safety had
Oakland, California, June 2, 1998
Waste and Facility Siting Subcommittee
produced educational material on such aspects of
Brownfields redevelopment as jobs and cleanup.
The materials, she said, had been sent to MWf P
grantees, EPA regional Brownfields coordinators,
and representatives of showcase communities.
Ms. Beard then explained some of the
requirements imposed upon applicants for MwrP
grants. Grantees must form partnerships
between showcase community representatives
and community-based organizations, she said.
Part of the grant money must be provided to the
community-based organizations so that they can
become involved_in the recruitment and training of
participants, she added. There are no age
restrictions on participation, NIEHS will not
prescribe how grants are to be used, and
grantees and communities can customize their
proposals to fit the needs of the particular
community, she explained further. Ms. Beard
reported that NIEHS will receive grant
applications until July 1, 1998 and begin making
awards on August 31, 1998.
Mr., Benjamin then offered the subcommittee's
assistance in reviewing applications for MWf P
grants. Ms. Beard responded that she would take
the offer under advisement.
At the conclusion of Ms. Beard's presentation, Ms.
Kawasaki commented that there is a need for a
better strategy for disseminating the success
stories of worker training programs, community
involvement, and Brownfields redevelopment.
Ms. Garczynski responded that there is a plan to
update the Brownfields World Wide Web Site with
success stories. Ms. Beard added that the MWTP
Technical Workshop held in New -Orleans,
Louisiana had brought together participants from
communities, state and local governments, and
federal agencies to highlight the successes of
their efforts.
3.5.3 Status Report on the ASTM Standard
Guide to Brownfields Redevelopment
Ms. Miller discussed the draft document ASTM E-
50. 03 Standard Guide to the Process of
Sustainable Brownfie/ds Redevelopment. She
explained first that there is no authority to require
the implementation of ASTM guidelines. The
guide presents suggestions for facilitating
implementation of Brownfields redevelopment
and can help avoid the acrimony that often is
associated with government and community
relations, said Ms. Miller.
8-15
Waste and Facility Siting Subcommittee
Mr. Lee offered the opinion that the guide
provides an industry-endorsed road map for
avoiding obstacles and litigation related to Title VI
that is ,endorsed by industry.
/
Concluding her presentation, Ms. Miller informed
the subcommittee that final review of the guide
will take place in September 1998 in San Antonio,
Texas. She then requested comment on the
guide from the subcommittee as soon as
possible.
4.0 SUMMARY OF PUBLIC DIALOGUE
Mr. Lee opened the floor to public dialogue.
Members of communities in the San Francisco
Bay Area gave a brief presentation, Urban Habitat
Brownfields. Their comments were followed by a
presentation by members of communities in
Calcasieu Parish, Louisiana on environmental
contamination in their community.
4.1 Urban Habitat Brownfields in the San ·
Francisco Bay Area
The presenters were Mr. Torri Estrada, Urban
Habitat; Mr. Alex Lantsberg, Southeast Alliance
for Environment~! Justice; Mr. Olin Webb, Bay
View-Hunters Point Contractors Association; and
Mr. Henry Clark, West County Toxics Coalition.
Mr. Estrada noted that the public comment period
is an opportune moment to reflect on successes
and failures of Brownfields projects as regional
and national pilots come to completion. He then
introduced Mr. Lantsberg.
Mr. Lantsberg first identified several Brownfields
successes in the Bay Area. He stated that
community influence on the development of
acceptance criteria for Brownfields
redevelopment pilot projects, consultations with
developers and financiers, and conduct of site
tours have been some of the positive asp.ects of
Brownfields redevelopment in the Bay Area.
Limiting Brownfields efforts, he said, are a lack of
authority on the part of communities to procure
developers that would work on identified
Brownfields redevelopment sites. The community
does not understand what actions it can take to
assist in redevelopment, and examples of
economic empowerment through redevelopment
are not apparent, said Mr. Lantsberg. He then
suggested that community organizations be
issued grants to develop autonomous expertise in
technical, financial, and community coordination
8-16
National Environmental Justice Advisory Council
· areas. He stated that if the redevelopment
process is to be under the control of the
community, it may be necessary for the
community to own the property. He stated further
that worker training programs are very important
in the building capabilities of communities. It is
important, Mr. Lantsberg concluded, that
redevelopment encourage money to stay in the
community.
Mr. Webb discussed public involvement and
empowerment from the perspective of his work
with the Bayview-Hunters Point Community
Development Corporation. He stated that a
competitive bidding process to supply contractors
to conduct cleanups is not acceptable to African
Americans because there are few black-owned
businesses that can call upon the materials and
resources necessary to produce a bid. Mr. Webb
stated that his goal is to establish a remediation
company in the area that employs local labor. He
stated that less than one percent of
redevelopment funds has gone to African
Americans, he asked for set-asides for the black
community. Mr. Webb stated that designation as
a showcase community does not benefit the
community unless an economic recovery plan
designed by the community is prepared, he
continued. Mr. Webb stated that he would like to
use community grants to leverage private-sector
dollars, adding that the city does not deal fairly
with the affected community.
Ms. Garczynski stated as an example that the
Community Development Corporation (CDC) of
Chicago, Illinois is managing the site assessment
·and cleanup in that city. She then suggested that
the San Francisco Redevelopment Authority meet
with EPA's regional environmental justice
coordinators and the Chicago CDC to share
information.
Mr. Clark then discussed Brownfields
redevelopment in North Richmond, California.
The City of Richmond had made the effort to
reach out to . the community and assemble
interested stakeholders, said Mr. Clark. However,
the city still struggles with implementing public
participation and community activists, and NGOs
do not have adequate resources to participate
effectively in decisions related to Superfund or
Brownfields issues, he said. Mr. Clark then stated
· that funds provided by the city and EPA
assistance do not "trickle down" to the community
level and that environmental justice is not being
served unless communities receive the benefit of
the resources.
Oakland, California, June 2, 1998
/
National Environmental Justice Advisory Council
Mr. Lee then asked that each speaker present
one recommendation for consideration by the
subcomry,ittee. Mr. Lantsberg, Mr. Webb, and Mr.
Clark all stated that resources must reach
affected communities and that city governments
· must follow through on their commitments to the
community.
Ms. Garczynski then explained that, there is no
legal authority under Title VI, to give money
directly to communities. There is, however,
flexibility in the way that grants can be written, she
said. It therefore is important that community
activists produce written requests for funding,
clarifying how money will be spent, she added.
Such requests can be delivered to regional
brownfields coordinators, regional environmental
justice coordinators, or directly to her, said Ms.
Garczynski.
Concluding the discussion, Mr. Benjamin invited
representatives of Urban Habitat to attend
Brownfields '98, a conference sponsored by EPA
to be held November 16 through 18, 1998 in Los
Angeles; California.
4.2 Environmental Contamination in Calcasieu
Parish, Louisiana
Mr. Lee introduced the discussion of
environmental contamination in Calcasieu Parish,
Louisiana by stating that the Waste and Facility
~iting Subcommittee had decided to hear
comment Off the issue despite the fact that it
perhaps is more germane to other subcommittees
of the NEJAC, such as the Enforcement, Health
and Research, and Public Participation and
Accountability subcommittees. The Waste and
Facility Siting Subcommittee has decided to hear
the presentation because "it would be remiss to
dismiss the concerns of an environmental justice
community that has demonstrated such
persistence and emotion," said Mr. Lee.
The presenters were: Ms. Kathy Landry,
President, Calcasieu League for Environmental
Action Now (CLEAN); Ms. Debra _ Ramirez,
President, Mossville Environmental Action
Network (MEAN); Ms. Peggy Sullivan, CLEAN
and MEAN; Ms. Beth Zilbert, Coordinator,
CLEAN; ~nd Ms. Marlene Ross, Mothers of
Mossville (MOM), MEAN, CLEAN, Mossville
Awareness, Mossville Advisory Steering
Committee, and National Association for the
Advancement of Colored People (NAACP).
Oakland, California, June 2, 1998
Waste and Facility Siting Subcommittee
Ms. Ramirez began the presentation by
characterizing the contamination problem in
Calcasieu Parish, which includes Mossville,
Westlake, and Willow Springs, Louisiana. She
stated that the aquifer in the area supplies water
to southwest Louisiana and southeast Texas. In
Mossville, she stated, the water supply is
contaminated with 70 times the amount of
ethylene dichloride (EDC) acceptable under the
Clean Water Act and at 2,600 times the
established limit in Willow Springs. Constant
flaring at the facilities in the parish indicate that
the facilities are not in compliance with the Clean
Air Act, as well, she said. Ms. Ramirez then
stated that the following, companies have among
them 50 facilities within a few miles of Mossville
and currently were attempting to site an additional
eight polyvinyl chloride (PVC) facilities in the area:
Condea Vista, Entergy, Conoco, Olen, and PPG,
she said. Ms. Ramirez added that the Mossville
community has 593 residents and that
approximately 50 families live in Willow Springs.
EPA Region 6, Ms. Ramirez continued, had been
engaging in direct negotiations with the industries
responsible for the contamination of the
communities. EPA had relied upon industries to
pay voluntarily for a health study, and the agency
had not involved community members in the
negotiations, she said. Ms. Ramirez stated that
EPA Region 6 and the Louisiana Department of
Environmental Quality (DEQ) had not been _
responsive to community requests for information
and action. Although the contamination has
existed since 1980, she continued, no fines had
been levied, no remediation conducted, and no
effort made to place the site on the NPL.
Ms. Ramirez and the other citizens of Calcasieu
Parish made the following requests of EPA and
the NEJAC:
• Community involvement in the decision
making process
• Performance of a study of cumulative health
effects of residents of the area
• EPA oversight of industry discharge permits
and sus_pension of further permitting
• Acceptance by industry of responsibility for
contamination ·
• Remediation of groundwater and the local
aquifer
8-17
Waste and Facility Siting Subcommittee
• Relocation of Calcasieu Parish residents who
are affected adversely by the contamination
present in the parish
After the presentation, various members of the
subcommittee outlined a number of possible
steps to rectify the situation in Calcasieu Parish,
including:
• OSWER should investigate whether it has the
regulatory authority under CERCLA or RCRA.
to place the area on the NPL or take remedial
actions and should report its findings to the
subcommittee and the NEJAC at their next
meetings
• The NEJAC should coordinate a
comprehensive multimedia investigation of
contamination ih the area and its implications
on human health. The investigation should
involve the Enforcement and Health and
Research subcommittees
• EPA Region 6, which is not bound to
examining hazardous waste issues only,
should investigate contamination of the area's
air and groundwater
8-18
National Environmental Justice Advisory Council
After the members explored possible remedies for
the situation in Calcasieu parish, Ms. Tucker and
Mr. Lee identified a course of action for
addressing in a more general manner problems
such as the contamination of Calcasieu Parish.
The members of the subcommittee agreed to
establish a work group to address the cumulative
effects of industrial pollution on "cluster
communities" that are affected by multiple
sources of pollution. The work group will study
such problems from a multimedia perspective and
will include representatives of the community and
industry, technical experts, and a cross-section of
members of various subcommittees of the
NEJAC.. Mr. Lee noted that the first order of
business of the work group would be to
investigate conditions in Calcasieu Parish.
5.0 SIGNIFICANT ACTION ITEMS
✓ Establish a work group to explore Superfund
issues that affect environmental justice
✓ Develop a resolution in which the NEJAC
calls on EPA to reform the risk assessment
process performed . under CERCLA and'
RCRA to incorporate risks of adverse health
and environmental effects in minority and
low-income populations
Oakland, California, June 2, 1998
Appendix A
List of NEJAC Members
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL
Alphabetical List of Members
DESIGNATED FEDERAL OFFICIAL
Robert J. Knox, Acting Director
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Don J. Aragon -3 years
Wind River Environmental Quality
Commission
Shoshone and Northern Arapaho Tribes
P.O. Box 217
Fort Wasakie, WY 82514
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Leslie Ann Beckhoff -2 years
Conoco lnc./DuPont
One Lakeshore Drive, Suite 1000
Lake Charles, LA 70629
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Christine Benally -1 year
Sanostee Chapter of the Navajo Nation
P. 0. Box 722
Shiprock, NM 87420
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
· Sue Briggum -2 years
Waste Management
North B4ilding.300
601 Pennsylvania Avenue, NW
Washington, DC 20004
Phone: [phone]
Fax: [phone]
E-mail:
' [e-mail]
Dollie B. Burwell -1 year
Office of Congresswoman Eva Clayton
400 West 5th Street, Suite 106
Greenville, NC 27834
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Expiration Dates: 1 year= 7131198
1997-98
CHAIR
Haywood Turrentine - 1 year
Executive Director
Laborers' District Council of Education & Training
Trust Fund of Philadelphia & Vicinity
500 Lancaster Pike
Exton, PA 19341
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
. OTHER MEMBERS
Luke W. Cole -2 years
Center on Race, Poverty and the
Environment
California Rural Legal Assistance
Foundation
631 Howard Street, Suite 330
San Francisco, CA ~ 105-3907
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mary R. English -1 year
Energy Environment and Resources Center
University of Tennessee
600 Henley Street, Suite 311
Knoxville, TN 37996-4134
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Rosa Franklin -2 years
Washington State Senate
409 Legislative Building
P. 0 . Box 40482
Olympia, WA 98504-0482
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Amo/do Garcia -2 years
Development Director
Urban Habitat Program
Earth Island Institute
2263 41st Avenue
Oakland, CA 94601
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Charles Lee -1 year
Grover Hankins-1 year
Environmental Justice Project
Texas Southern University
3100 Cleburne Avenue
Houston, TX 77004
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
James Hill -2 years
Klamath Tribe
P. 0 . Box436
Chiloquin, OR 97624
Phone: [phone]
Fax: [phone]
E-mail: ·[e-mail]
Lawrence G. Hurst -1 year
Communication & Public Affairs
Motorola, Inc.
3102 N. 56th Street
Mail Drop R 56-103
Phoenix, AZ. 85018
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Annabelle Jaramillo -3 years
Office of the Governor
Room 160, State Capitol
Salem, OR 97310
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lillian Kawasaki -1 year
City of Los Angeles Department of
Environmental Affairs
201 North Figueroa Street, Suite 200
Los Angeles, CA 90012
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Director of Environmental Justice
2 year= 7131199 3 years= 12/31/2000
United Church of Christ
Commission for Racial Justice
475 Riverside Drive, 16th Floor
New York, NY 10115
Phone: [phone]
Fax: [phone] or [phone]
E-mail: [e-mail]
Vernice Miller -3 years
Environmental Justice Initiative
Natural Resources Defense Council
40 West 20th Street
New York, NY 10011
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Gerald Prout -2 years
FMC Corporation .
1667 K Street, NW, Suite 400
Washington, DC 20006
Phone: [phone]
Fax: [phone]
E-mail: jerry [e-mail]
Rosa Hilda Ramos -2 years
Community of Catano Against Pollution
La Marina Avenue
Mf 6, Marina Bahia
Catano, Puerto Rico 00962
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Expiration Dates: 1 year= 7131198
Arthur Ray-1 year
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: [phone]
Fax: [phone]
E~mail: [e-mail]
Jane Stahl -3 years
Assistant Commissioner
State of Connecticut
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Phone: [phone]
Fax: [phone]
E-mail: none
Gerald Torres - 3 years
University of Texas Law School
727 East Dean Keeton, Room 3.266
Austin, TX 78705
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Baldemar Velasquez -1 year
Director
Farm Labor Organizing Committee
1221 Broadway
Toledo, OH 43609
Phone: [phone]
Fax: [phone]
E-mail: bvelasquez@access_toledo.com
Damon P. Whitehead -1 3 years
Lawyers' Committee for Civil Rights Under
Law
1450 G St., NW, Suite 400
Washington, D.C. 20005
Phone: [phone]
Fax:. [phone]
E-mail: dwhitehe@lawyers·comm.org
Margaret L. Williams -2 years
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: [phone]
Fax: [phone]
E-mail: none
2 year= 7131199 3 years= 12/3112000
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL SUBCOMMITTEE MEMBERSHIP 1997 -1998 Stakeholder Breakdown • Denotes NEJAC Council Member •• Denotes NEJAC Chair AC = Academia EV = Environmental Group Enforcement Subcommittee --10 members (5 NEJAC) SL Lillian Mood (3) South Carolina Dept. of Health SL Arthur Ray* (1) Chair Maryland Department of the Environment AC Gerald Torres* (3) University of Texas Law School EV VACANT IN Leslie Beckoff • (2 ) AC Grover Hankins* (1) CG Peggy M. Shepard (1) -CG Rita Harris (3) NG Lamont Byrd (2) NG Luke Cole * (2) NG Richard T. Drury (2) Conoco lnc./DuPont Texas Southern University West Harlem Environmental Action, Inc. Mid-South Peace & Justice Center Teamsters CA Rural Legal Assistance Foundation Communities for a Better Environ. Health and Research Subcommittee --11 members (4 NEJAC) AC Douglas M. Brugge (1 ) Tufts School of Medicine CG Margaret Williams• (2) Citizens Against Toxic Exposure AC Marinelle Payton (2 ) Harvard Medical School AC Mary English* (1) Chair University ofTennessee EV Carlos Porras (3) Communities for a Cleaner Environment SL Michael J. DiBartolomeis (3) California EPA IN Eugene M. Peters (3) Clean Sites, Inc. NG Andrew McBride (1) Connecticut Lead Center SL Rosa Franklin • (2) Washington State Senate NG Pen S. Loh (1) Alternatives for Comm. & Environ. TR Don Aragon* (3) Shoshone and Northern Arapaho Tribes SL Jane Stahl* (3) State of Connecticut Indigenous Peoples Subcommittee --8 members (1 NEJAC) TR James Hill* (2),Chair Klamath Tribe TR Charles Stringer (1) White Mountain Apache AC Richard Monette (1) Univ. Of Wisconsin IN Astel Cavanaugh (1) Sioux Manufacturing Corp. AC George Godfrey (3) Haskell Nations University NG Sarah James (3), Elder Gwich'in Steering Committee SL Brad Hamilton (3) State of Kansas TR Dwayne Beavers (2) Cherokee Nation TR Chris.tine Benally* (1) Sanostee Chapter of Navaho Nation CG = Community Group SL = State/Local Govt. TR = Tribal NG = Non-governmental Organization IN = Industry International Subcommittee --8 members (2 NEJAC) NG Baldemar Velasquez* (1) Chair Farm Labor Organizing Committee SL Beth Hailstock (3) Cincinnati Health Department IN Clydia Cuykendall (3) Star Enterprise (Texaco) AC Maria del Carmen Libran (3) University of Puerto Rico-Mayaguez CG Mildred McClain (1) Citizens for Environmental Justice TR Bill Simmons (1) International Indian Treaty Council EV Arnoldo Garcia • (2) Earth Island Institute NG Janet Phoenix (2) National Safety Council Public Participation and Accountability Subcommittee --8 members (4 NEJAC) NG Frank Coss (1) COTICAM (Puerto.Rico) EV VACANT CG Delbert Dubois (3) AC Robert Holmes (3) SL Annabelle Jaramillo* (3) IN Lonnie Hurst* (1) NG Haywood Turrentine** (1) TR Mamie Rupnicki (3) CG Rosa Hilda Ramos* (2) Chair Four Mile Hibberian Community Association Inc. Clark Atlanta University Office of the Governor, State of Oregon Motorola, Inc. Laborers Education Training Trust Fund Prairie Band of Potawatomi Tribe in Kansas Community of Cantano, Puerto Rico Waste and Facility Siting Subcommittee --13 members (6 NEJAC) CG Dollie Burwell* (1) Warren County Concerned Citizens SL Lillian Kawasaki• (1) Los Angeles Department of Environment IN Sue _Briggum • (2) WMX Technologies NG Mathy Stanislaus (2) Enviro-Sciences, Inc. NG Charles Lee* (1) (Chair) UC of Christ Commission for Racial Justice NG Connie Tucker (1) Southern Organizing Committee EV Ricardo Soto-Lopez (2) Puerto Rico-Northeast EJ Network IN Gerald R. Prout • (2) FMC Corporation AC Michael K. Holmes (3) St. Louis Community College EV Vernice Miller (3) Natural Resources Defense Council NG Damon Whitehead* (3) Lawyers' Committee for Civil Rights Under Law NG Brenda Lee Richardson (3) Women Like Us CG Cynthia Jennings (3) ONE/CHANE {1) --Term expires 7/31/98 (2) --Term expires 7/31/99 (3) --Term expires -12/31/2000 · September 20, 1998 (5:59PM)
NEJAC ENFORCEMENT SUBCOMMITTEE
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Sherry Milan
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: r'[e-mail]
CHAIR
Arthur Ray-1 year (SL)
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
OTHER MEMBERS
Leslie Beckhoff - 2 years (IN)*
Conoco/Dupont
One Lakeshore Drive, Suite 1000
Lake Charles, LA 70629
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lamont Byrd - 2 years (NG)
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Luke Cole - 2 years (NG) *
Center on Race, Poverty & the Environment
California Rural Legal Assistance Foundation
631 Howard Street, Suite 330 ·
San Francisco, CA 94105-3907
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Richard T. Drury-2 years (NG)
Communities for a Better Environment
500 Howarcf'Street, Suite 506
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Grover Hankins -1 year (AC) *
Thurgood Marshall School of Law
Texas South.em University
3100 Cleburne Avenue, Room 212
Houston, TX 77004
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Rita Harris - 3 years (CG)
Mid-South Peace & Justice Center
P.O. Box 11428
499 Patterson Street, Room 301
Memphis, TN 38111-0428
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lillian Mood -3 years (SL)
South Carolina Dept. of Health & Environ. Control
2600 Bull Street
Columbia, SC 29201
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]. us
Gerald Torres -3 years (AC)*
University of Texas Law School
727 East Dean Keeton, Room 3.266
Austin, TX 78705
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Peggy Shepard -1 year (CG)
West Harlem Environmental Action, Inc. ·
271 West 125th Street, Suite 211
New York; NY 10027
Phone: [phone], Ext. 303
Fax: [phone]
E-mail: [e-mail]
* Denotes NEJAC Executive Council Member AC=Academia CG=Community Group TR=Tribal
EV=Environmental Group IN=lndustry SL=State/Local Government NG=Nongovemmental Organization
NEJAC HEAL TH AND RESEARC_H SUBCOMMITTEE
List of Members
DESIGNATED FEDERAL OFFICIALS
Lawrence Martin
Office of Research and Development
U.S. Environmental Protection Agency
401 M Street, SW (MC 8105)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Carol Christensen
Office of Pesticides
. U.S. Environmental Protection Agency
401 M Street, SW (MC 7 407C)
Washington, DC 20460
Phone: [phone]
Fax: not available
Email: [e-mail]
1997-1998
I
CHAIR
Mary English -1 year (AC)
Energy, Environment and Resources Center
600 Henley Street, Suite 311
University of Tennessee
Knoxville, TN 37996-4134
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Other Members
Don J. Aragon -3 ye~rs (TR) *
Wind River Environmental
Quality Commission
Shoshone and Northern Arapaho Tribes
P.O. Box217
Fort Wasakie, WY 82514
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Douglas M. Brugge -1 year (AC)
-Department of Community Health
Tufts School of Medicine
Tufts University
136 Harrison Avenue
Boston, MA 021 ·11
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Michael DiBartolomeis -3 years (SL)
CA Office of Environmental
Health Hazard Assessment
2151 BerkeleyWay,Annex 11 , Rm. 721
Berkeley, CA 94 704
Phone: [phone]
Fax: [phone]
E-mail: berkeley .mdibarto@hw1 . cahwnet. gov
* Denotes NEJAC Executive Council Member
Rosa Franklin -2 years (SL) *
Washington State Senate
409 Legislative Building
P.O. Box 40482
Olympia, WA 98504-0482
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Pen S. Loh -1 year (NG)
Alternatives for Community & Environment
2343 Washington Street, 2 nd Floor
Roxbury; MA 02119
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Andrew McBride -1 year (SL)
City of Stamford Health Department
888 Washington Boulevard ·
Stamford, CT 06901
Phone: [phone]
Fax: [phone]
E-mail: none
AC=Academia CG=Community Group EV=Environmentaf Group IN=lndustry
SL=St;3te/Locaf Government NG=Nongovemmentaf Organization TR-=Tribal
Marine/le Payton -2 years (AC)
Harvard Medical School
181 Longwood Avenue
Boston, MA 02115
Phone: [phone]
Fax: [phone]
E-mail: remar@gauss. bwh . harvard .edu
Eugene Peters-3 years (IN)
Clean Sites, Inc.
901 North Washington Street, Suite 604
Alexandria, VA 22314
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Carlos Porras -3 years (EV)
Communities for a Better Environment
605 West Olympic Blvd., Suite 850
Los Angeles, CA 90015
Phone: [phone], x109
Fax: [phone]
E-mail: [e-mail]
Jane Stahl -3 years (ST)
Assistant Commissioner.
State of Connecticut
Department of Environmental Protection
79 Elm Street
Hartford, CT 06106-5127
Phone: [phone]
Fax: [phone]
E-mail: none
Margaret L. Williams -2 years (CG)
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL 32504
Phone: [phone]
Fax: [phone]
E-mail: none
September 20, I 998 (6:00PM)
NEJAC INDIGENOUS PEOPLES SUBCOMMITTEE
List of Members
DESIGNATED FEDERAL OFFICIALS
Daniel Goga/ -Acting DFO
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2201 -A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Anthony Hanson -Alternate DFO
American Indian Environmental Office
U.S. Environmental Protection Agency
401 M Street,'SW (MC 4104)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
1997-1998
CHAIR
James D. Hill -2 years (TR) *
Tribal Attorney
The Klamath Tribe
P. 0 . Box 436 ·
Chiloquin, OR 97624
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Dwayne Beavers - 2 years (TR)
Cherokee Nation/OES
P.O. Box 948
Tahlequah, OK 74465-0671
Phone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Christine Benally-1 year (TR) *
Sanostee Chapter of the Navajo Nation
P.O. Box 722
Shiprock, NM 87 420
Phone: [phone]
Fax: [phone]
Email:[e-mail]
Aste/ Cavanaugh-1 year (IN)
Ecosystem Development
Spirit Lake Nation
P.O. Box 222
St. Michael, ND 58370
Phone: [phone]
Fax: [phone].
Email: none
George Godfrey-3 years (AC)
Haskell Indian Nations University
155 indian Avenue
Lawrence, KS 66046
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
AC=Academia CG=Community Group
NG=Nongovemmental Organization
Other Members
Brad Hamilton - 3 years (SL)
Docking .State Office Building
915 SW Harris/Room: 611 North
Topeka, KS 66615-1570
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Sarah James (Tribal Elder) -3 years (NG)
Council of Athabascan Tribal Government
P. 0 . Box 33
Fort Yukon, Alaska 997 40
Phone: [phone]
Fax: [phone]
Email: none
Richard Monette :. 1 year (AC)
University of Wisconsin Law School
975 Bascom Mall
Room 6112, Law Building
Madison, WI 53706
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Charles Stringer-1 year (TR)
P.O. Box476
La Pointe, WI 54850
Phone: [phone]
Fax: [phone]
Email: [e-mail]
EV=Environmental Group IN=lndustry SL=State/Local Government
TR=Tribal
I ·I
1
NEJAC INTERNATIONAL SUBCOMMITTEE
List of Members
DESIGNATED FEDERAL OFFICIAL
Wendy Graham
Office of International Activities
U.S. Environmental Protection Agency
401 M Street, SW (MC 2601 R)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
C/ydia Cuykenda/1-3 years (IN)
Star Enterprise
12700 Northborough Drive
Houston, TX 77067-2508
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Maria def Carmen Libran - 3 years (AC)
Department of Horticulture
University of Puerto Rico-Mayaguez
G.P.O. Box 5000 College Station
Mayaguez, PR 00681-5000
Phone: [phone],x2088
Fax: [phone]
E-mail: [e-mail]
Amo/do Garcia - 2 years (EV) *
Development Director
Urban Habitat Program
Earth Island Institute
2263 41 st Avenue ·
Oakland, CA 94601
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Beth Hailstock -3 years (SL)
Cincinnati Health Department
3101 Burnet Avenue
Cincinnati, OH 45229
Phone: [phone]
Fax: [phone]
E-mail: none
* Denotes NEJAC Executive Council Member
1997-1998
CHAIR
Baldemar Velasquez -1 year (NG)
Director
Farm Labor Organizing Committee
1221 Broadway
Toledo, OH 43602
Phone: [phone]
Fax: {419) 243-5655
E-mail: [e-mail]
OTHER MEMBERS
Mildred McClain -1 year (CG)
Citizens for Environmental Justice
1115 Habersham Street
Savannah, GA 31402
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Janet Phoenix -2 years (NG)
Public Health Programs
National Lead Information Center
1025 Connecticut Avenue, NW, Suite 1200
Washington, D.C. 20036
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Bill Simmons -1 year (TR)
International Indian Treaty Council
2412 Bakwom Drive, SE
Olympia, Wash 98513
Phone: [phone]
Fax: [phone]
E-mail: none
AC=Academia CG=Community Group EV=Environmental Group IN=lndustry
SL=State/Loca/ Government · NG=Nongovemmental Organization TR=Tribal
NEJAC PUBLIC PARTICIPATION AND ACCOUNTABILITY SUBCOMMITTEE
List of Members
1997-1998
DESIGNATED FEDERAL OFFICIAL
Renee L. Goins
Office of Environmental Justice
U.S. Environmental Protection Agency
401 M Street, SW (MC 2101A)
Washington , DC 20460
Phone: [phone]
Fax: ,[phone]
E-mail: goins.ren~@epamail.epa.gov
CHAIR
Rosa Hilda Ramos - 2 years (CG)*
Community Leader
Community of Catano Against Pollution
Avenida La Marina
Mf 6, Marina Bahia
Catano, PR 00962
Phone: [phone]
Fax: · [phone]
E-mail: [e-mail]
Other Members
Frank Coss - 1 year (NG)
President
Comite Timon Calidad Ambiental de Manati
(COTICAM)
P.O. Box 1459
Manati, PR 0067 4
Phone: [phone]
Fax: [phone]
E-mail: none
Delbert DuBois - 3 years (CG)
Four Mile Hibberian Community Association, Inc.
Four Mile Lane
Charleston, SC 29405
Phone: [phone]
Fax: [phone]
E-mail: none
Robert Holmes - 3 years (AC)
Director
The Southern Center for Studies in
Public Policy
Clark Atlanta University
223 James P. Brawley Drive, SW
Atlanta, GA 30314
Phone: [phone]
Fax: ( 404) 880-8090
E-mail: [e-mail]
Lawrence G. Hurst-1 years (IN) *
Chief of Staff, Communication & Public Affairs
Motorola, Inc.
3102 N. 56th Street
Mail Drop R 56-103
Phoenix, AZ 85018
Phone: [phone]
Fax: [phone]
E-mail: none
Annabelle E. Jaramillo - 3 years (SL) *
Citizen's Representative
Office of the Governor
State of Oregon
160 State Capitol
Salem, OR 97310
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mamie Rupnicki - 3 years (TR)
Prairie Band of Potawatomie Tribe in Kansas
14880 K Road
Mayetta, KS 66509-9114
Phone: [phone]
Fax: [phone]
E-mail: none
Haywood Tu"entine -1 year (NGr
Executive Director
Laborers' District Council of Education and
Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: [phone]
Fax: [phone]
E-mail: none
* Denotes NEJAC Executive Council Member ** Denotes Chair of NEJAC
AC=Academia CG=Community Group EV=Environmental Group IN=lndustry
SL=State/Local Government NG=Nongovemmental Organization TR=Tribal
NEJAC WASTE AND FACILITY SITING SUBCOMMITTEE
List of Members
1997 -19.98
DESIGNATED FEDERAL OFFICIAL
Kent Benjamin
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street SW (MC 5101)
Washington, DC 20460
Phone: [phone]
Fax: (202), 260-6606 ·
E-mail: [e-mail]
CHAIR
Charles Lee -1 year (NG)
United Church of Christ
Commission for Racial Justice
475 Riverside Drive, 16th Floor
New York, NY 10015
Phone: [phone]
Fax: [phone]
E-mail: 103001 [e-mail]
Other Members
Sue Briggum -2 years (IN) *
WMX T~chnologies, Inc.
601 Pennsylvania Avenue NW
North Building #300
Washington, DC 20004
Phone: [phone]
Fax: [phone]
E-mail: sue~[e-mail]
Dollie Burwell -1 year (CG)*
Warren County Concerned Citizens Against PCB
P.O. Box254
Warrenton, NC 27589
Phone: [phone]
Fax: [phone]
E-mail: none
Cynthia Jennings -3 years (CG)
ONE/CHANE, Inc.
166 Beacon Street
Hartford, CT 06105
Phone: [phone]
Fax: [phone]
E-mail: none
Michael Holmes -3 years (AC)
St. Louis Community College
Northside Education Center
4666 National Bridge
St. Louis, MO 63115
Phone: [phone]
. Fax: [phone]
E-mail: none
* Denotes NEJAC Executive Council Member
Lillian Kawasaki -1 years (SL) *
City of Los Angeles
Department of Environmental Affairs
201 North Figueroa, Suite 200
Los Angeles, CA 90012
Phone: [phone]
Fax: [phone]
E-mail: none
Vernice Miller-3 years (EV)
Environmental Justice Initiative
. Natural Resources Defense Council
40 West 20th Street
New York, NY 10011
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Gerald Prout -2 years (IN) *
FMC Corporation
1667 K Street, NW, Suite 400
Washington, DC 20006
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Brenda Lee Ruchardson -3 years (NG)
Women Like Us ·
P.O. Box 31003
3008 24th Place
Washington, DC 20030
Phone: [phone]
Fax: [phone]
E-mail: none
AC=Academia CG=Community Group EV=Environmental Group /N=Industry
SL=State/Local Government NG=Nongovemmental Organization TR=Tribal
NEJAC Waste and Facility Siting Subcommittee
List of Members for 1997 -1998
Pa e2
Ricardo Soto-Lopez -2 years (EV)
· Puerto Rico -NE Environmental Justice Network
75 Park Avenue
Newark, NJ 07104
Phone: [phone]
Fax: [phone]
E-mail: none
Mathy Stanislaus -2 years (NG)
Environmental-Sciences/Minority Environmental
Lawyers Association
111 Howard Boulevard, Suite 108
Mt. Arlington, NJ 07856
Phone: [phone] ext. 1246
Fax: [phone]
E-mail: [e-mail]
* Denotes NEJAC Executive Council Member
Connie Tucker -1 year (NG)
Southern Organ.izing Committee
P.O. Box 10518
Atlanta, GA 30310
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Damon P. Whitehead -3 years (EV) *
Lawyers' Committee for Civil Rights Under Law
1450 G Street, NW, Suite 400
Washington, DC 20005
Ph: [phone]
. FAX: [phone]
E-mail: [e-mail]
AC=Academia CG=Community Group EV=Environmental Group IN=lndustry
SL=State/Local Government NG=Nongovemmental Organization TR=Tribal
Appendi~ B
List of Participants
Elizabeth Adams
Section Chief
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (MCH-6-5)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mai/: Not Provided
Sam Agpawa
Air Planning Office
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Maricela Alatorre
People for Clean Air and Water
El Pueblo Para El Aire y Agua Limpio
P.O. Box 262
Kettleman, CA 93239
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Maria Alegria
Contra Costa Hazardous Materials
Commission
3398 Wren Avenue
Concord, CA 94519
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Susana Ali
Environmental Justice Team
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard, (MC G9J)
Chicago, IL 60604
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
June 1998 NEJ AC Conference
List of Attendees
Mark Allen
Lead Poisoning Prevention Program
Alameda County
2000 Embarcadero, Suite 300
Oakland, CA 94606
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Malinda Allison
Mccutchen, Doyle, Brown & Enersen, LLP
3 Embarcadero Center
San Francisco, CA 94111
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Geri Almonza
Project Coordinator
People Organizing to Demand Environmental
Rights
Southwest Network for Environmental and
Economic-Justice
P.O. Box 7399
Albuquerque, NM 87194
Phone: [phone]
Fax: · 505-242-5609
E-mail· [e-mail]
Stephanie Alston
Office of Mobile Sources
U.S. Environmental Protection Agency
2000 Traver Wood Drive
Ann Arbor, MI 48105
Phone: [phone]
Fax: [phone]
E-mai/: [e-mail]
Michele Altemus
White House Council on Environmental
Quality
722 Jackson Place, NW
Washington, DC 20503
Phone: [phone]
Fax: [phone]
E-mai/: [e-mail]
Aurora Alvarez
ECO Intern
Environmental Sciences Division
Office of Research and Development
U.S. Environmental.Protection Agency
P.O. Box 93478
Las Vegas; NV 89193-3478
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Laurie Amaro
Small Town Liaison
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: 415s744-1072
E-ma,J: [e-mail]
Janie Andera
Midway for Child Health and Welfare
230 Cuesta Drive
San Francisco, CA 94080
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Julie Anderson
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, WST-1
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Bradley Angel
Greenaction
915 Cole Street
Box 249
San Francisco, CA 94117
Phone: [phone]
Fax: [phone]
E-mai/: Not Provided
June 1998 NEJAC Conference
List of Attendees
Page 2
Wally' Antone
Spokesperson
Ft. Mojave
Colorado River Native Nations
500 Merriman Avenue
Needles, CA 92636
Phone: [phone]
Fax: . [phone]
E-mail: Not Provided
Don Aragon
Executive Director
Wind River Environmental Quality
Commission
Shoshone and Northern Arapaho Tribes
P.O. Box 217
Fort Washakie. WY 82514
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Christine Arnesen
California Department of Health
5900 Hollis Street Suite E
Emeryville. CA 94608
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jo Ann Asami
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Pr~ded -• ..
Shirley Augurson
Environmental Justice Coordinator
Region 6
U.S. Environmental Protection Agency
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Faye Austin
Associate Counsel
U.S. Environmental Protection Agency
4150 Golden Gate Avenue
San Francisco, CA 94101
Phone: [phone]
Fax: [phone]
E-mail: r [e-mail]
Cecil C. Bailey
Program Analyst
Region 7
U.S. Environmental Protection Agency
726 Minnesota Avenue
Kansas ~ity, MO 66101
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Stacia Bailie
CRIT Mohave Elders Committee
RT 1 Box 23-B
Parker, AZ 85344.
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Peter A. Baldridge
Senior Staff Attorney
California Department of Health Services
714 P Street, Room 1216
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Shawnta !A-Ball
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW
Washington, DC 20004
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Davis Baltz
Commonwealth
P.O. Box 316
Solinas, CA 94924
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ajumawi Band
Headman
Native Coalition Medicine Lake/Mt. Shasta
P.O. Box 617
Fall River Mills, CA 96028
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Mike Bandrowski
Chief, Radiation, and Compliance
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
John Barnard
Compliance Manager
Integrated Environmental Systems
499 High Street
Oakland, CA 94601
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Patrick A. Barnes
President
BFA Environmental
3655 Maguire Boulevard, Suite 150
Orlando, FL 32803
Phone: [phone]
Fax: [phone]
E-mail· [e-mail]
Leilani Barnett
BACI Program Coordinator
ECO
381 Bush Street, Suite 700
San Francisco, CA 94104
Phone: [phone] ext. 176
Fax: Not Provided
E-mail· Not Provided
June 1998 NEJAC Conference
List of Attendees
Page 3
Nikki Bas
Sweatshop Watch
310 8th Street
Suite 309
Oakland, CA 94607
Phone: [phone]
Fax: Not Provided
E-mail.· Not Provided
Jesse Baskerville
Director
Toxics and Pesticides Enforcement Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2245A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail.· baskervil [e-mail]
David Batson
ADR Liaison
Office of Alternate Dispute Resolution
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2273A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Erasto Bautista
Tall Tree Trailer Park
Malaga, CA
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Sharon Beard
Industrial Hygienist
Worker Education and Training Program
National Institute of Environmental Health
Sciences
U.S. Department of Health and Human
Services
P.O. Box 12233 (MD EC-25)
Research Triangle Park, NC 27709-2233
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Dwayne Beavers
Program Manager
Office of Environmental Services
Cherokee Nation
P.O. Box 948
Tahlequah, OK 74465-0671
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Christine Benally, Ph.D.
Vice President
Sanostee Chapter of the Navajo Nation
. P.O. Box 722
Shiprock,. NM 87420
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Kent Benjamin
Program Analyst
Outreach and Special Projects Staff
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5101)
Washington, DC 20460
Phone: [phone]
Fax: . [phone]
E-ma,1: [e-mail]
Michelle Berditschevsky
Save Mount Shasta Native Coalition for
Mount Shasta/Medicine Lake
P.O. Box 1143
Mount Shasta, CA 9606 7
Phone: [phone]
Fax: [phone]
E-ma,1: [e-mail]
Karen Biestman
Director of Indian Education
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Avenue
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Paula Bisson
Toxics Section
U.S. Environmental Protection Agency
75 Hawthorne Street, CMD-4-2
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail.· [e-mail]
Elinor Blake
Contra Costa County Health Services
20 Allen Street
Martinez, CA 94553
Phone: [phone]
Fax: [phone]
E-mail.· [e-mail]
Darlene Boerlage
Federal Facilities Enforcement Office
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2261A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jose T. Bravo
Southwest Network for Environmental and
Economic Justice
16 717 Kettner Boulevard, Suite 100
San Diego, CA 92101
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Robert Brenner
Director
Office of Air and Radiation
Office of Policy Analysis and Review
U.S. Environmental Protection Agency
401 M Street, SW, (MC AR-443)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 4
Dana Brewington
Special Assistant
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5101)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: brewi [e-mail]
Sue Briggum
Director
Governmental Affairs
Waste Management
601 Pennsylvania Avenue, NW
North Building #300
Washington, DC 20004
'Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Donald R. Brown
Executive Director
Communities for a Better Environment
500 Howard Street, # 506
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Josephine Brown
Environmental Justice Grants Coordinator
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
RoSC1lind Brown
Chief
Office of Customer Services
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-3104
Phone: [phone]
Fax: [phone]
E-ma,J: brown.rosali [e-mail]
Douglas Brugge
Department of Community Health
S.chool of Medicine
Tufts University
136 Harrison Avenue
Boston, MA 02111
Phone: [phone]
Fax: [phone]
E-mail: dbrugge@aol.c~m
Paula Bruin
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-ma,J: brui [e-mail]
Floyd Buckskin
Cultural Spokesman
Lake Highlands Defense
Native Coalition for Medicine
Pit River Tribe
P.O. Box 6717
Fall River Mills, CA 96028
Phone: [phone]
Fax: Not Provided
E-mail: not provided
Estelle Bulka
Office of Site Remediation Enforcement
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2273A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Robert D. Bullard
Director
Environmental Justice Resource Center
Clark Atlanta University
223 James P. Brawley Drive, SW
Atlanta, GA 30314
Phone: 404-880~6911
Fax: [phone]
E-mo,J: [e-mail]
Helen Burke
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street {CMD-4-2)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Richard Burton, Jr.
St. James Citizen For Jobs and the
Environment
6664 Highway 44
Convent, LA 70723
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Dollie Burwell
Co-Chair
Warren County Concerned Citizens Against
PCB
P.O. Box 254
Warrenton, NC 27589
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lamont Byrd
International Brotherhood of Teamsters
25 Louisiana Avenue, NW
Washington, DC 20001
Phone: [phone]
Fox: 202-624-8740
E-mail: lbyrd6093~@aol.com
Janet Byron
Reporter
Pesticide and Toxic Chemical News
1435 Allston
Berkeley, CA 94702
Phone: [phone]
Fox: 510-848-4002 •
E-mail: [e-mail]
.June 1998 NE.TAC Conference
List of Attendees
Page 5
Laura Caballero-Conle
Orgonizacion en California de Lideras
Campesinos
P.O. Box 53742
San Jose, CA 95153
Phone: [phone] .
Fax: Not Provided
E-mail: Not Provided
Joe Calavita
Intern
U.S. Environmental Protection Agency
81 Ashbury Terrace
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Norman Calero
· Environmental Justice Team
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Ephraim Camacho ·
Ca.lifornia Rural Legal Assistance Foundation
(CRLAF)
2115 Kern Street, Suite 102M
Fresno, CA 93721
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Bradley Campbell
Associate Director
Toxics and Environmental Protection
White House Council on Environmental
Quality
722 Jackson Place, NW
Washington, DC 20503
Phone: [phone]
Fax: [phone] .
E-mail: Not Provided
Cona Canales
Program Analyst
Office of Air and Radiation
U.S. Environmental Protection Agency
401 M Street, SW, (MC 6202J)
Washington, DC 20460
Phone: [phone]
Fax: .[phone]
E-mail: [e-mail]
Robin Cannon
Concerned Citizens of South Central L.A.
4707 South Central Avenue
Los Angeles, CA 90001 •
Phone: [phone]
Fax: [phone]
E-mail: none
Rose Marie Caraway
Remedial Project Manager
U.S. Environmental Protection Agency
75 Hawthorne Street (SFD 7-2)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Harold Carroll
People United for a Better Oakland
(PUEBLO)
1524 41st Avenue
Oakland, CA 94601
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Aste! Cavanaugh
Ecosystem Development
Spirit Lake Nation
P.O. Box 222
St. Michael, ND 58370
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Mary H~len Cervantes-Gross
Chief
Public Outreach .Branch
Region 2
U.S. Environmental Protection Agency
290 Broadway
New York, NY 10007
, Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jeannie Cervera
Assistant Regional Counsel
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, 16th Floor
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
· E-mail: [e-mail]
Pamela Chaing
Fuerza Unida
710 New Laredo Highway
San Antonio, TX 78211
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ursula Chaney
ECO Intern
U.S. Environmenta~ Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ana Chapa
Tall Tree Trailer Park
657 N. Bond
Malago,CA
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
June 1998 NEJAC Conference
List of Attendees
Page 6
Lisa Chapa
Tall tree Trailer Park
657 N. Bond
Malaga, CA
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Deborah Chapman
U,S. Environmental Protection Agency
77 West Jackson Boulevard
Chicago, IL 60604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Sonia Stone Chavez
Council Member
Colorado River Indian Tribes
Rte 1 Box 23-B
Parker, AZ 85344
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Lee Cherry
African Scientific Institute
P.O. Box 12161
Oakland, CA 94604
Phone: [phone]
Fax: [phone] I
E-mail: [e-mail]
Pamela Chiang
Fuerza Unido.
710 New Laredo High~
San Antonio, TX 78211
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided .
Willard M. Chin
Environmental Justice Coordinator
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: chi n.wi I [e-mail]
Carol Christensen
Office of Pollution Prevention and Toxics
U.S. Environ~ntal Protection Agency
401 M Street, SW, (MC 7408)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Angela Chung
Office of the Administrator
U.S. Environmental Protection Agency
401 M Street, SW, (MC 1101)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Maria Cintron-Silva
Attorney
U.S. Environmental Protection Agency
Office of Environmental Justice
401 M Street, SW (MC 2272A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: cintron-si [e-mail]
Henry Clark
Executive Director
West County Toxics Coalition
1019 MacDonald Avenue
Richmond, CA 94801
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Jerry Clifford
. Deputy Regional Administrator
Region 6 .
U.S. Environmental Protection Agency
1445 Ross Avenue, Suite 1200
Dallas, TX 75202
Phone: Not Provided
Fax: Not Provided
E-mail: [e-mail]
Jack M. Colbourn
Chief, Grants and Progam Integration Offic
U.S. Environmental Protection Agency
75 Hawthorne Street (AIR-8)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Luke Cole
General Counsel
Center on Race, Poverty and the Environmen
California Rural Legel Assistance Foundatio
631 Howard Street, Suite 330
San Francisco, CA 94105-3907
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Gordon Coleman
Chief Environmental Protection
Alameda County Environmental Health .
Services
1835 Monterey Avenue
Berkeley, CA
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Sam Coleman
Director
Compliance Assurance and _Enforcement
Division
Region 6
U.S. Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75202-2733
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Bob Collin
Governors Environmental-Justice
120 Elkay Drive
Eugene, OR 97404
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
June 1998 NEJAC Conference
List of Attendees
Page 7
Rubin Morris Collin
Professor
University of Oregon Law School
120 Elkay Drive
Eugene, OR 97404
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mike Colmenero
Tall Tree Trailer Park
657 N. Bond .
Malaga, CA
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Nicole Comick-Bates
Environmental Protection Specialist
Waste Management Division
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-3104
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Peter Contreras
U.S. Environmental Protection Agency
1200 Sixth Avenue, Ecl-113
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
E-matl: [e-mail]
Brian Cook
Policy Analyst
Office of Air and Radiation
U.S. Environmental Protection Agency
401 M Street, SW, (MC 6604J)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Gail Cooper
ORC-1
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Valerie Cooper
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ted Coopwood
Project Leader
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2223A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Juanita Guidry Copeland
Arizona Department of Environmental
Quality
3033 North Central Avenue
Cube#l164
Phoenix, AZ 85012-2809
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Teresa Cordova
Southwest Organizing Project
21110th Street S.W.
Albequerque, NM 87102
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Frank Coss
Presidel'Jt
COTICAM
Comite Timon Calidad Ambiental de Manati
P.O. Box 1459
Mano.ti, PR 00674
Phone: [phone]
Fax: [phone]
E-mail: not provided
Iohany Coss-Andkhoie
Polite Service Agency
1000 South Broad Street
Trenton, NJ 08611
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Joseph Cotton
69th through 73rd Neighborhood
Association
1235 72nd Avenue
Oakland, CA 94621
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Michael Cruise
Center on Race, Poverty & Environment
(CRPE)
631 Howard Street
Suite 330
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Clydia J. Cuykendall
General Counsel
Star Enterprise {Texaco/Saudi Aramco)
12700 North Borough .Drive, Room 664
Houston, TX 77067-2508
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJ AC Conference
List of Attendees
Page 8
Jeffrey Darcy
Environmental Engineer
lJ.S. Envi,ronmental Protection Agency
75 Hawthorne Street (AIR-5)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: darcy [e-mail]
Angie Davis
Environmental Protection Specialist
Region 9
U.S .. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: 415-744-lll6
Fax: [phone]
E-mail: [e-mail]
Wilma Delany
Vice President Government Affairs
DOW
1776 Eye S_treet Suite 1050 NW
Washington, DC 20006
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Lynda Deschambault
Environmental Scientist
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: deschambault [e-mail]
Elyse M. Di Biagio-Wood
Attorney
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street'. SW, (MC 2243A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: di [e-mail]
Antonio Diaz
People Organizing to Demand Environmental
Rights
474 Valencia St. #155
San Francisco. CA 94609
Phone: [phone]
Fax: · 415-431-8525
E-mail: [e-mail]
Michael J. DiBartolOll'leis
California Office of Environmental Health
Hazard Assessment
2151 Berkeley Way, Annex 11, Room 721
Berkeley, CA 94704
Phone: [phone]
Fax: [phone]
E~mai/: mdibarto@berkeley .cahwnet .gov
Richard Dickerson
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5101)
Washington, DC 20460
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Sandra Dockery
People United for a Better Oakland
132 East ·12th Street
Oakland, CA 94606
Phone: [phone] ..
Fax: · 510-452-2017
E-mail: Not Provided
Ethel° Dotson
West County Toxic Coalition
Welfare Rights Organization
396 South Street
Richmond, CA 94804
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Flora Grae~ Dozier
Human Rights Activist
484 Lake Park Avenue #442
Oakland, CA 94610-2730
Phone: [phone]
Fax: Not Provided
E-mail:. Not Provided
Nancy Draper
Newport News Waterworks
2600 Washington Avenue
6th Floor
Newport News, VA 23607
Phone: [phone]
Fax: · 757-247-2424
E-mail: [e-mail]
Richard T. Drury
Legal Director
Communities for a Better Environment
500 Howard Street, Suite 506
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Delbert DuBois
Four Mile Hibernian Community Assodation,
Inc.
2025 Four Mi le Lane
Charleston, SC 29405
Phone: 803-853-:-4548
Fax: [phone]
E-mail: Not Provided
Allen Edson
Director
Afl'.ican American Development Association,
Inc.
1235 Peralta Street
Oakland, CA 94607
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
June 1998 NEJAC Conference
List of Attendees
Page 9
Gina Edwards
Region 9
Office of Civil Rights
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA-94105
·Phone: [phone]
Fax: [phone]
E-mail: edwards.gi [e-mail]
Natalie Ellington
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, GA 30303
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Noemi Emeric
Community Involvement Coordinator
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard (P-19J)
Chicago, IL 60604
Phone: [phone]
Fax: ~ 312-353-1155
E-mail: [e-mail]
Dennis English
Director of Environmental Affairs
Associated Students, Inc.
San Jose State University
1251 South 10th Street #132
San Jose, CA 95112
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mary R. English
Associate Director
Energy, Environment, and Resources Center
University of Tennessee
600 Henley Street, Suite 311
Knoxville, TN 37996-4134
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Manuel Escondido
Tall Tree Trailer Park
Malaga, CA
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Torri Estrada
Project Associate
Urban Habitat Program
P.O. Box 29908
Presidio Station
San Francisco, CA 94129
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Elisabeth Evans
Director
Environmental Justice Program
Region 8
U.S. Environmental Protection Agency
999 18th Street, Suite 500
Denver, CO 80202-2466
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Fabrizio
Club Filipino USA
Box 8342
c/o Emeryville Station
Oak~nd,CA 94662-8342
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Samantha Phillips Fairchild
Director
Office of Enforcement Compliance and
Environmental Justice
Region 3
U.S. Environmental Protection Agency
841 Chestnut Street
Philadelphia, PA 19107
Phone: [phone]
Fax: [phone]
E-mail: fo.irchi [e-mail]
Michael T. Feeley
U.S. Environmental Protection Agency
75 Hawthorne Street, SFD -1
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: feeley [e-mail]
Vincent Feliz
Seventh Generation Fund
P.O. Box 4569
Arcata, CA 95521
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Timothy Fields, Jr.
Acting Assistant Administrator
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5101)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jerry Filbin
Aquatic Biologist
Office of Policy , Planning, and Evaluation
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2184)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: fi lbi n.gero [e-mail]
James Fine
University of California Energy & Resources
Group
3309 Folsom Street
San Francisco, CA 94110
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 10
Shannon Fitzgerald
U.S. Environmental Protection Agency
75 Hawthorne Street, WTR-9
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail.; [e-mail]
Kesner Flores
Cortina Indian Rancheria
P.O, Box 7470
Citrus Heights, CA 95610
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Roy Ford
U.S. Environmental Protection Agency
. 75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Vali Frank
Attorney
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Rosa Franklin ·
Washington State Senate
409 Legislative Building
P.O. Box 40482
Olympia, WA 98504-0482
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jim Friloux
Ombudsman
Louisiana Department of Environmental
Quality
P.O. Box 82263
Baton Rouge, LA 70884
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jan Fritz
University of Cincinnati
7300 Aracoma Forest Drive
Cincinnati, OH 45237
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Nicole Fuller
Maat Youth Academy
420 Pebble Drive Suite E
El Sobrante, CA 94803
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Sharon Fuller
Maat Youth Academy
420 Pebble Drive Suite E
El Sobrante, CA 94803
. Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Arnoldo Garcia
Organizing Director
· Urban Habitat Program
Earth Island Institute
2263 41st Avenue ·
Oakland, CA 94601
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Robert Garcia
Senior Attorney
Environmental Defense Fund
5655 College Avenue #304
Oakland, CA 94618
Phone: [phone]
Fax: [phone]
E-mail: robert [e-mail]
Carla Garc:ia-Zendijas
Environmental Attorney
YEUANI
Blvd. Diaz Ordaz 4900-A
Los Pinos
Tijuana, 22680
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Linda Garczynski
Director
Outreach and Special Projects Staff
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Age~cy
401 M Street, SW, {MC 5101)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: garczynski.li [e-mail]
Mike Gardner
Restore Lake Davis Committee
Lake Davis Citizens Coalition
P.O. Box 308
Graeagle, CA 96103
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Clarice Gaylord
Special Assistant to the Regional
Administrator
San Diego Border Office
Region 9
U.S. Environmental Protection Agency
610 West Ash Street, Suite 703
San Diego, CA 92101
Phone: [phone]
Fax: [phone]TT1
E-mail: gaylord.claric:[e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 11
Elliott Gilberg
Director, Chemical, Commercial Services,
and Municipal Division
Office of Compliance
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2224A)
Washington, DC 20460
Phone: Not Provided
Fax: [phone]
E-mail: gi [e-mail]
Marty Gilles
Richmond Refinery
Chevron
Oakland, CA
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Beth Godfrey
U.S. Environmental Protection Agency
75 Hawthorne Street
10th Floor, M/S WST-7
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
George Godfrey
Haskell Indian Nations University
155 Indian Avenue
Lawrence, KS 66046
Phone: [phone]
Fax: [phone]
E-mail: [e-mail] Ledu
t>cniel Gogol
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Renee Goins
Environmental Protection Specialist
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Tom Goldtooth
Indigenous Environmental Network
P.O. Box485
Bemidji, MN 56619-0485
Phone: [phone]
Fax: [phone]
E-mail.· [e-mail]
AM Goode
Director
Office of Civil Rights
U.S. Environmental Protection Agency
401 M Street, SW, (MC 1201)
Washington._ DC 20460
Phone: Not Provided
Fax: Not Provided
E-mail: [e-mail]
Richard Gragg
Assistant Professor
Center for Environmental Equity and Justice
Environmental Sciences Institute
1520 South Branough Street
Tallahassee, FL 32307
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Wendy Graham
Office of International Activities
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2610R)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Running Grass
Environmental Specialist
Regiori 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
-Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Mike Green
Center for Environmental Health
965 Mission Street,# 218
San Francisco, CA 94103
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Kasia Grisso
653 62nd Street #2
Oakland, CA 94609
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Richard Grow
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Beth Hailstock
Director
Environmental Justice Center
Cincinnati Health Department .
3101 Burnet Avenue
Cincinnati, OH 45229
Phone: [phone]
Fax: [phone]
E-mail: not provided
Loren Hall
Office of Pollution Prevention and Toxics
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7408)
Washington, DC 20460
Phone: [phone]
Fax: , 202-401-8142
E-mail.· [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 12
John Hamill
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (MC SFD8A)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Brad Hamilton
Native American Affairs Liaison
State of Kansas
Docking State Office Building
915 South West Harrison, Room 611, North
Topeka, KS 66612-1510
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Grover Hankins
Director
Environmental Justice Cli_nic
Thurgood Marshall School of Law
Texas Southern University
3100 Cleburne Avenue, Room 212
Houston, TX 77004
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Anthony Hanson
Intern
American Indian Environmental Office
U.S. Environmental Protection Agency
401 M Street, SW, (MC 4104)
Washington, DC 20460 .,
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Jim Hanson
Brownfields Coordinator
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: 415~744-1796
E-mail: [e-mail]
Monique Harden
Earthjustice Legal Defense Fund
400 Magazine Street
Suite401
New Orleans, LA 70130
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Michael Hardy
Office of Pesticides Programs/ AD
Office of Prevention, Pesticides, and Toxic
Substances
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7510W)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
David Harper
Save Ward Valley
Colorado River Indian Tribe
Rt. 1, Box 23
Paricea, AZ 85344
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Jewell Harper
Deputy Director
Waste Management Division
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: [phone]
Fax: .[phone]
E-mail: harper [e-mail]
Phyllis H_arris
Regional Counsel
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Reginald Harris
Environmental Justice Coordinator
Region 3
U.S. Environmental Protection Agency
841 Chestnut Street (3EC00)
Philadelphia, PA 19107
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Rita Harris
Community Living in Peace
1373 South Avenue
Memphis, TN 38106
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Sherri Harris
H & H Ecoprises Community Relations
P.O. Box 70094
Oakland, CA 94612
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Woody Hastings
Environmental Justice Program Coordinator
South Coast Air quality Managment District
21865 E. Copley Drive
Diamond Bor, CA 91765
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Melva J. Hayden
Environmental Justice Coordinator
Office of the Regional Administrator
Region 2
U.S. Environmental Protection Agency
290 Broadway Street, 26th Floor
New York, NY 10007
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
I
June 1998 NEJAC Conference
List of Attendees
Page 13
Karen Y. Henry
Environmental Chemist
Environmental Justice Team
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (CMD-6)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Sonja Herbert
Environmental Health Researcher
The Hesperian Foundation
2223 Mcirin Avenue
Berkely, CA 94707
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Steven A. Herman
Assistant Administrator
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: . [phone]
E-mail: [e-mail]
Angeles Herrera
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street. SFD-3
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Peter Hess
Deputy Air Pollution Control Office
Bay Area Air Quality Management District
939 Ellis
San Francisco, CA 94109
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Grace L. Hewell, Ed. C>.
Coordinator
West Alton Park Neighborhood Association
807 West 40th Street
Chattanooga, TN 37410
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
James C>. Hill
Legal Counsel
Klamath Tribe
P.O. Box 436
Chiloquin, OR 97624
Phone: [phone]
Fax: [phone]
E-mail: . [e-mail]
Jeff Hobson
Contra Costa County Health Services
4333 Pacheco Boulevard
Martinez, CA 94553
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Brian Holtzclaw
Region 4
U.S. Environmental Protection Agency
345 Courtland Street. NE
Atlanta, GA 30365
·Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Art Horowitz
Program Analyst
Office of Enforcement and Compliance
Assurance
. U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ken Israels
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Sarah James
Tribal Member
Council of Aphabascan Tribal Governments ·
P.O. Box 51
Artie Village, AK 99722
Phone: [phone]
Fax: [phone]
E-mail: not provided
Sharon Jang
U.S. Environmental Protection Agency
75 Hawthorne Street (CGR 3-1)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail· [e-mail]
Annabelle E. Jaramillo
Citizens' Representative
Office of the Governor
State of Oregon
160 State Capitol
Salem, OR 97310
Phone: [phone]
Fax: [phone]
E-mail: annabelle.e.jarami [e-mail]
C>avid M. Johnson
Committee for Environmental Justice Action
3859 Bay Street
San Antonio, TX 78237
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
June 1998 NEJAC Conference
List of Attendees
Page 14
Karla Johnson
Environmental Justice Regional Team
Manager
Region 5
U.S. Environmental Protection Agency
77 West Jackson Boulevard (T-16J)
Chicago, IL 60604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Kathleen Johnson
ORC-3
Office of Regional Counsel
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (MC ORC-3)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Manny Joia
U.S. Marine Corps, Barstow
19185 Corwin Roo.d
Apple Valley, CA 92307-1542
Phone: [phone]
Fax: [phone]
E-mail:· [e-mail]
Sandi Jones
Office of Compliance
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, S~, (MC 2224A)
-•~ Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Shea Jones
Environmental Scientist Trainee
U.S. Environmental Protection Agency
7? Hawthorne Street (MCMD-4-2)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Tobi Jones
Special Assistant
California Department of Pesticide
Regulation
1020 N Street Room 100
Sacramento, CA
Phone: [phone]
Fax: [phone]
E-mail: t [e-mail]
Raquel Jumonville
Radian International LLC
8550 United Plaza Boulevard , Suite 601
Baton Rouge,1LA 70809
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Bobbie Kahan
Brownfields Coordinator
Regi~n 9
U.S. Environmental Protection Agency
75 Hawthorne Street, H-1-S
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Greg Karras
Communities for a Better Environment
500 Howard Street, Suite 506
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Kimberly Kauer
Inside Cal
U.S. Environmental Protection Agency
210 San Luis Way
Novato, CA 94945
Phone: [phone] ext. 415-892-
Fax: [phone]
E-mail: Not Provided
Helen Kavanagh
Public Health Analyst
Bureau of Primary Health
Office of Minority and Women's Health
Care
4350 East West Highway, Third Floor
Bethesda, MD 20814
Phone: [phone]
Fax: [phone]
. E-mail: Not Provided
Lillian Y. Kawasaki
General Manager
Department of Environmental Affairs
City of Los Angeles ·
201 North Figueroa, Suite 200
Los Angeles, CA 90012
Phone: [phone]
Fax: 213-580-i084
E-mail: [e-mail]
Marcie Keever
Center on Race, Poverty & Environment
(CRPE)
631 Howard Street
Suite 330
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Joyce Kelly
Environmental Justice Program Manager
Region 10
U.S. Environmental Protection Agency
1200 Sixth Avenue, OI-085
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
E-mail: kelly [e-mail]
t>anny Kennedy
Project Underground
1847 Berkeley Way
Berkeley, CA 94703
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 15
Jeff Keohane
Attorney Advisor
Office of the General Counsel
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2322)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Willie Keyes
West Oakland Neighbors
1223 34th Street, Suite 3000
Oakland, CA 94608
Phone: · 510-601-0928
Fax: Not Provided
E-mail: Not Provided
Caroline King
435 Vernon Street
Oakland, CA 94610
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
M.a"'!a E. King
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Michelle W. King
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
·U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: . [phone]
Fax: [phone]
E-mail: [e-mail]
Toshia King
Environmental Protection Assistant
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5303W)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Monica Kirk
Region 10
U.S. Environmental Protection Agency
1200 Sixth Avenue
Portland, OR 98101
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Meridith Jone Klein
Senior Environmental Analyst
Pillsbury Madison & Sutro
P.O. Box 7880
San Francisco, CA 94120
Phone: [phone]
Fax: [phone]
E-ma,1: [e-mail]
Robert Knox
Acting Director
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: · [e-mail]
Carl Kohnert
U.S. Environmental Protection Agency
Region 9
75 Hawthorne Street
San Francisco, CA 94115
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
BoMie Koo
People United for a Better Oakland
132 East 12th Street
Oakland, CA 94606
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Robert R. Kuehn
Professor
Tu'°ne University Law School
6329 Freret Street
New Orleans, LA 70118
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Catherine Kuhlman
Water Division
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Robert N Kwong
District Counsel
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Brad Lambert
Harris DeVille & Associates, Inc.
307 France Street
Baton Rouge, LA 70802
Phone: [phone]
!ax: 504-336-0211
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 16
Kathy Landry
President
M.O.M
M.E.A.N
C.L.E.A.N.
4666 South Boudoin Road
Sulphur, LA 70663
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Alex Lontsberg
Southeast Alliance for Environmental
Justice
744 Lunes Avenue
San Francisco, CA 94214
Phone: [phone]
Fax: 4i5-824-1061
E-mail: [e-mail]
Dana Lonza
Literacy for Environmental Justice
744 Innes Avenue
San Francisco, CA 94124
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Nicole Latting
Environmental Careers Organization
50 Public Square, Suite 1515
Cleveland, OH 44113
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
LoVerne
People United for a Better Oakland
(PUEBLO)
2053 Rosedale Avenue
Oakland, CA 94601
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Manuel Leal
Farm Worker
1263 East Jefferson Way
Sanger, CA 93657
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Sylvia Ledesma
Southwest Network for Environmental and
Economic Justice
P.O. Box 7399
Albuquerque, NM 87194
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Charles Lee
Director of Research
Commission on Racial Justice
United Church of Christ
475 Riverside Drive, 16th Floor
New York, NY 10015
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
David Leggins
Truck Driver
Teamsters
373 W 5th Street
Benicia, CA
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Suzette Leith
Attorney
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ephraim Leon-Guerrero
Groundwater Office
U.S. Environmental Protection Agency
75 Hawthorne Street, WTR-9
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: leon-
guerrero [e-mail]
Yin Ling Leung
Executive Director
Asians and Pacific Islanders of
Reproductive Health
310 8th Street #100
Oakland, CA 94607
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Gerald Levy
Deputy Director
Region 1
U.S. Environmental Protection Agency.
JFK Federal Building
Boston, MA 02203
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Steven Levy
Office of Solid Waste
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5306 W)
Washingtori, DC 20460
Phone: [phone]
Fax: [phone]
. E-mail: levy .steve@eparnai I .epa.gov
Lori Lewis
Environmental Justice Coordinator
Region 9 ,
U.S. Environmental Protection Agency
75 Hawthorne Street
San Fransisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail:· [e-mail]
June 1998 NEJ AC Conference
List of Attendees
Page 17
Benjamin Um
Chemist
Office of Prevention, Pesticides, and Toxic
Substances
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7404)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Maureen Guadalupe Um-Esparza
International Indian Treaty Council
2176B Ashby Avenue
Berkeley, CA 94705
Phone: [phone]
Fax: Not Provided
E-ma,J: [e-mail]
Sylvia Liu
Attorney
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 4390
Ben Franklin Station
Washington, DC 20530
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Karleen Lloyd
People United for a Better Oakland
(PUEBLO)
132 East 12th Avenue
Oakland, CA 94606
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Rachel Loftin
Superfund Division
Region 9
U.S. Environmental Protection.Agency
75 Hawthorne Street, SFD-5
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: lofti [e-mail]
Harold Logwood
Oakland/East Bay Minority Business
Opportunity Committee
3007 Kingsland Avenue
Oakland, CA 94619
Phone: [phone]
Fax: Not Provided
E-ma,J: Not Provided
Penh S. Loh
Deputy Assistant Administrator
Alternatives for Community and Environment
2343 Washington Street, 2nd Floor
Roxbury, MA 02119
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lehua Lopez
Puna Malama Pono
P.O. Box 941
Hilo, HI 96721
Phone: 808~_933-1641
Fax: [phone]
E-mail: Not Provided
Steve Lopez
Spokesperson
Ft. Mojave
500 Merriman Avenue
Needles, CA 92636
Phone: [phone]
Fax: [phone]
E-ma,J: Not Provided
Sylvia Lowrance
Deputy Administrator
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2101A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Seth Lubega
Director UNCF/PEJER Grant
Department of Biological Sciences
Oakwood College
Oakwood College
Huntsville, AL ·35896
Phone: [phone]
Fax: . [phone]
E-mail: Not Provided
Patrick Lynch
Clearwater Revival Company
305 Spruce Street
Alameda, CA 94501
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Robert Lyttle
Red Rock Foundation
P.O. Box 2800-312
Carefree, AZ 853TT
Phone: [phone]
Fax: [phone]
E-ma,1/: Not Provided
Enrique Manzanilla
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, CMD -

1

San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Felicia Marcus
Regional Administrator
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: Not Provided
Fax: Not Provided
E-mail: [e-mail] ·
June 1998 NEJAC Conference
List of Attendees -
Page 18
Maric:ela Mares
People for Clean Air and Water
P.O. Box 262
Kettleman City, CA 93239
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Mary Lou Mares
People for Clean Air and Water
El Pueblo Para El Aire y Agua Limpio
P.O. Box 262
Kettleman City, CA 93239
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Freya Margand
Environmental Protec:tion Spec:ialist
Offic:e·of Solid Waste/PSPD
Offic;e of Solid Waste and Emergency
Response
U.S. Environmental Protection Agenc:y
401 M Street, SW, (MC 5303W)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail.· [e-mail]
Carol Marshall
Manager
Environmental Equity
Texas Natural Resourc:e Conservation •
Commission
P.O. Box 13087 (MC 108)
Austin, TX 78711
Phone: [phone]
Fax: [phone]
E-mail: camarsha@tnrc:c.state.tx.us
Treneic:e Marshall
Intern
Offic:e of Environmental Justic:e
Offic:e of Enforcement and Compliance
Assurance
· U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: marshall.treneic:[e-mail]
Lawrence Martin
Office of Research and Development
U.S. Environmental Protec:tion Agency
401 M Street, SW, (MC 8103R)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ric:k Martin
Director Information Management Division
Office of Administration and Resources
Management
U.S. Environmental Protec:tion Agency
401 M Street, SW, (MC 3102)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
\ E-mail: [e-mail]
Nanc:y Marvel
Regional Counsel
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Franc:isc:o, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: marvel.nanc:[e-mail]
Carmen Maso
GIS Analyst
U.S. Environmental Protection Agency
75 Hawthorne Street
San Franc:isc:o, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Doris Maxwell
Management Analyst
Office of Air Quality Planning and Standards
U.S. Environmental Protection Agency
MD-15
Research Triangle Park, NC 27711
Phone: [phone]
Fax: [phone]
E-mail: [e-mail].9ov
Nanc:y Mayer
Environmental Engineer
Office of Air Quality Planning and Standard
U.S. Environmental Protection Agency
MD-15
Research Triangle Park, NC 27711
Phone: [phone]
Fax: [phone]
E-ma,1: mayer.nanc:[e-mail]
Barb McAllister
Director, Office For Innovation
Region 10
U.S. Environmental Protection Agenc:y
1200 Sixth Avenue
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Andrew Mc:Bride
Assistant Secretary for Health
Department of Health and Human Services
State of North Carolina
101 Blair Drive
P.O. Box 29526
Raleigh, NC 27626-0526
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mildred Mc:aain
Executive Direc:tor
Citizens for Environmental Justice
1115 Habersham Street
Savannah, GA 31401
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Catherine Mc:Crac:ken
Office of Community Involvement
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
Superfund Division, SFD-3
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: mcc:[e-mail].
OV
r
I
I
June 1998 NEJAC Conference .
List of Attendees
Page 19
. Sandy McGunegill
Hesperian Foundation
1029 Cornell Avenue
Albany, CA 94706
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Cynthia Metcalf
Internship Program Coordinator
The Environmental Careers Organization
381 Bush Street, Suite 700
San Francisco, CA 94110
Phone: [phone] ext. 174
Fax: [phone]
E-mail: [e-mail]
Dan Meza
Tribal Government Coordinator
Forest Service/MODOC NF
U.S. Department of Agriculture
800 W. 12th Street
Alturas, CA 96101
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Robin Michael
General Litigation Section
Environment and Natural Resources Division
U.S. Department of Justice
601 Pennsylvania Avenue, NW
Washington, DC 20004
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Charl£S Miller
Law Offices of Charles M. Miller
225 Bush Street, 16th Floor
San Francisco, CA 94104
Phone: [phone]
_Fax: [phone]
E-mail: [e-mail]
Vernice Miller
Director
Environmental Justice Initiative
Natural Resources Defense Council
40 West 20th Street
New York, NY 10011
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Robert C. Mills
Attorney
U.S. Department of H.U.D.
450 Golden Gate Avenue
Box 36003
San Francisco, CA 94102
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Marsha Minter
BRAC Regional Coordinator
Federal Facilities Restoration and Reuse
Office
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5101)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail] ·
Patty Monahan
Community Right-To-Know
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Richard Monette
Law Professor
University of Wisconsin Law School
Bascom Mall
Madison, WI 53706
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Michael Montgomery
Section Chief
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
LIiiian Mood, R.N.
Community Liaison
South Carolina Department of Health and
Environmental Cantrol
2600 Bull Street
Columbia, SC 29201
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Carla Moore
Project Manager West Oakland Pilot
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
Son Francisco, CA 94105
Phone: [phone]
Fax:_. 415-744-1476
E-mail: [e-mail]
Richard Moore
Former Chair of NEJ AC
Southwest Network for Environmental and
Economic Justice
P.O. Box 7399
Albuquerque, NM 87194
Phone:-505-242-0416
Fax: [phone]
E-mail: [e-mail]
Jose Morales
Graduate Student
UCSF
1855 Folsom Street
Son Francisco, CA 94103
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 20
Susan Morales
Office of Environmental Justice
Region 10
U.S. Environmental Protection Agency
1200 Sixth Avenue (OI-085)
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
E-ma,1: [e-mail]
Renee Morrison
Chester Street Block Club Association
343 Chester Street
Oakland,CA 94607
Phone: [phone]
Fax: [phone]
· E-ma,1: Not Provided
Hwesu Muhammad
Association of Information
United International Development
Foundation
669 58th Street
Oakland,CA 94609
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
William Musynski
Office of the Regional Administrator
Region 2
U.S. Environmental Protection Agency
290 Broadway Street, 26th Floor
New York, NY 10007
Phone: [phone]
Fax: 212-6~-5024 ,, ~-
E-mail: [e-mail]
Daniel Myers
Pillsbury Madison & Sutro
P.O. Box 7880
San Francisco, CA 94120
Phone: [phone]
Fax: [phone]
E-ma,1: Not Provided
Nancy Nadel
City Council Member
Oakland, CA
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
JeOMe Nader
Clearwater Revival Company
305 Spruce Street
Alameda, CA 94501
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Hakeem Nasiyr
Proprietor
Noble State Enterprise
601 Marlowe Cout
Stockton, CA 95210
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
William Nelson
Regional Representative
MS-HHS-1
HHS Agency for Toxic Substances &
Disease Registry
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Reut Ness
California League of Conservation Voters
10780 Santa Monica Boulevard
Suite 210
Los Angeles, CA 90025
Phone: [phone] ext. 305
Fax: [phone]
E-mail: [e-mail]
Brent Ne~ell
Center on Race, Poverty & Environment
(CRPE)
631 Howard Street
Suite 330
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-ma,1: [e-mail]
Tia Newman-Fields
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-ma,1: [e-mail]
Grover Nicholson
Branch Head
Superfund Federal Remediation
North Carolina Department of Environment
& Natural Resources
401 Oberlin Road, Suite 150
Raleigh, NC 27605
Phone: [phone]
Fax: [phone]
E-mail: nicholsongc@wastenot .ehnr .state.n
·c.us
Norman Niedergang
Region 5
U.S. Environmental Protection Agency
n West Jackson Boulevard
Chicago, IL 60604
Phone: [phone]
Fax: [phone]
E-mail: niedergang.norman@.epamail.epa.gov
Melanie Mitsue Okamoto
Political Ecology Group (PEG)
965 Mission
Suite 218
San Francisco, CA 94103
Phone: 415-7n-3488
Fax: 415-7n-3443
E-mail: [e-mail]
j
I
June 1998 NEJAC Conference
List of Attendees
Page 21
Omar ,Osiris
Organizer
Communities for a Better Environment
500 Howard
San Francisco, CA
Phone: [phone] ext. 215
Fax: Not Provided
E-mail: Not Provided
Romel L. Pascual
City Planner
Environmental Justice Office
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (CMD-6)
· San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail] •
Gilbert Pasqua
Environmental Protection Specialist
U.S. Environmental Protection Agency
75 Hawthorne Street MD-3
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Shirley Pate
Office of Enforcement Capacity and
Outreach
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-ma,J: [e-mail]
MarineUe Payton
Environmental-Occupational Medicine
Harvard School of Public Health
Harvard Medical School
181 Longwood Avenue
Boston, MA 02115
Phone: [phone]
Fax: [phone]
E-ma,J: [e-mail]
Chris Peters
Seventh Generation Fund
P.O. Box 4569
Arcat~. CA 95521
Phone: [phone]
Fax: none
E-mail: none
Pamela Phillips
Superfund Di"'.ision
U.S. Environmental Protection Agency
1445 Ross Avenue
Dallas, TX 75202
Phone: [phone]
Fax: [phone]
E.:mai/.· Not P~ovided
Janet Phoenix
Manager
Public Health Programs
National Safety Council
1019 19th Street, NW
Washington, DC 20036-5105
Phone: [phone]
Fax: [phone]
E-mail.· [e-mail]
Dan Pingaro
Indian Programs Office
U.S. Environmental Protection Agency
75 Hawthorne Street
San Franciso, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Cleo R. Pizana
Special Assistant
Office of Pesticides Programs/ AD
Office of Prevention, Pesticides, and Toxic
Substances
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7510W)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-ma,J: Not Provided
Terence Plaskon
Office of Environmental Policy & Compliance
U.S. Department of Interior
600 Harrison Street,# 515
San Francisco, CA 94107-1376
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Carlos Porras
Communities for a Better Environment
605 West Olympic Boulevard, Suite 850
Los Angeles, CA 90015
Phone: [phone] ext. 109
Fax: [phone]
E-mail: [e-mail]
Danita Prince
C.L.E.A.N. M.E.A.N. M.O.M .
2906 7th Avenue
Westlake, LA 70669
Phone: [phone]
Fax: Not Provided
E-ma,J: Not Provided
Deneen Prince
C.L.E.A.N. M.E.A.N. M.O.M
2906 7th Avenue
Westlake, LA 70669
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Diane Prince
C.L.E.A.N. M.E.A.N. M.O.M
2906 7th Avenue
Westlake, LA 70669
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Gerald Prout
Director
Regulatory Affairs
FMC Corporation
166 7 K Street, NW, Suite 400
Washington, DC 20006.
Phone: [phone]
Fax: [phone]
E-mail: jerry [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 22
CoMie Raines
Manager
Environmental Justice and Community
Liaison Program
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-3104
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
,[)ebra Ramirez
Mossville Environmental Action Now
1313 6th Avenue
Lake Charles, LA 70601
Phone: [phone]
Fax: Not Provided ·
E-mail: Not Provided
Rosa Hilda Ramos
Community Leader
Community of Catano Against Pollution
P.O. Box 363962
_San Juan, PR 00936
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Karen Randolph
Office of Solid Waste/PSPD
Office of Solid Waste and Emergency
Response
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5303W)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Arthur Ray
Deputy Secretary
Maryland Department of the Environment
2500 Broening Highway
Baltimore, MD 21224
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lenore F. Rayborn
Water Division
Region 5
U.S. Environmental Protection Agency
n West Jackson Boulevard
WCC-15J
Chicago, IL 60604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Doretta Reaves
Program Analyst
Office of Communication, Education and
Public Affairs
U.S. Environmental Protection Agency
401 M Street, SW, (MC 1702)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Tyler Reeb
Friend of the West County Toxics Coalition
2012 Grant Street, # 1
Berkeley, CA 94703
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Ron Ricks
Unit Leader
Radian International
10389 Old Placerville Road
Sacramento, CA 95827
Phone: [phone]
Fax: [phone]
E-mail· [e-mail]
Jane Riggan
Public Health Social Work Consultant
California Department of Health Services
5900 Hollis Street Suite E
Emeryville, CA 94705
Phone: [phone]
Fax: [phone]TT3
E-mail: [e-mail]
Ray Risher
Concerned Citizen
EBLQA
6825 Wilton Drive
Oakland, CA
Phone: [phone]
Fax: Not Provided
E-mail· Not Provided ·
Nancy Riveland-Har
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Deborah Roane ·
Office of Site Remediation Enforcement/
RSD
U.S. Environment.al Protection Agency
401 M Street, SW, (MC 2272A
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail· [e-mail]
Thomas C. Roberts
Van Ness Feldman
1050 Thomas Jefferson Street, NW
7th Floor
Washington, DC 20007
Phone: [phone]
Fax: [phone]
E-mail· [e-mail]
Deborah Robinson
International Possibilities Unlimi~ed
P.O. Box 4430
Washington, DC 20017
Phone: [phone]
Fax:. [phone]
E-mail: drdrobi [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 23
Bob Robitaille
Director of Programs
Environmental Careers Organization
179 South Street
Boston, MA 02111
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Julio Rodriguez
Environmental Leader
COTICAM
Comite Timon Calidad Ambiental de Manati
DuPont Agrichemicals
P.O. Box 30000
Manati, PR 00674
Phone: 787~884-1587
Fax: [phone]
E-mail: [e-mail]
HaMah Rogers
Community Coordinator
Adopt-A-Watershed
Environmental Science Center
2550 25th Avenue
San Francisco, CA 94116
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lucila Rosas
Organizacion en California de Lideras
Campesinos
P.O. Box 53742
San Jose, CA 95153
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Holly Rose
Administrative Assistant
Environmental Defense Fund
5655 College Avenue #304
Oakland, CA 94618
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Vicki Rosen
U.S. Environmental Protection Agency
75 Hawthorne Street, SFD-3
San. Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Marlene Ross
CLEAN MEAN
4132 E. Burton
Sulphur.LA
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Maureen J. Ross
Grants Policy Specialist
Grants Administration Division
U.S. Environmental Protection Agency
401 M Street, SW, (MC 3903F)
Washington, DC 20460
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Dale Ruhter
Office of Solid Waste
Office of Solid Waste and Emergency
Response '
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5303W)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
March Runner
Region 7
U.S. Environmental Protection Agency
726 Minnesota Avenue
Kansas City, KS 66101
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Harold Rush
Regional Lead (Pb) Coordinator
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (MD-4-2)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
carol Rushin
ARA~ECEJ
U.S. Environmental Protection Agency
999 18th Street, Suite 500
Denver, CO 80202
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Anika A. Russell
West County Toxics Association
2424 Haste Street, Dl4
Berkeley, CA 94704
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Peggy Saika
Asian Pacific Environmental Network
310 8th Street
Suite 309
Oakland, CA 94607
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Alberto Saldamandu
General Counsel
International Indian Treaty Council
54 Mint Street, #400
San Francisco, CA 94110
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 24
William Sanders
Director
Office of Pollution, Prevention and Toxics
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7401)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Christine Sehaufelberger
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Phone: [phone]TT9
Fax: 415~928-0338
E-mail: schaufelberger@baaqmd
Debbie Schechter
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, CMD-7
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: schechter [e-mail]
Laura Scheele
Associate Director
Federal Programs
Afton Associates
403 East Capitol Street
Washington, DC 20003
Phone: [phone]
Fax: [phone]
E-ma,J: lscheele@afton,com
Karen SeheuerrnaM
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Lois J. Schiffer
Assistant Attorney General
Environment and Natural Resources Division
U.S. Department of Justice
950 Pennsylvania Avenue NW
Washington, DC 20530
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Joe Schilling
Director Economic Development
International City/County Management
Association
7n North Capitol Street, NE
Suite 500
Washington, DC 20002-4201
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
David Schlosberg
Northern Arizona University
Department of Political S~ience
P.O. Box 15036
Flagstaff, AZ 86011-5036
Phone: [phone]
Fax: [phone]n
E-mail: [e-mail]
David Schooley
San Bruno Mountain Watch
P.O. Box AO
Brosbarey, CA 94005
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Mike Schulz
Water Division
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Susan Schulz
Environmental Scientist
Region 2
U.S. Environmental Protection Agency
290 Broadway
New York, NY 10007-1866
Phone: [phone]
Fax: Not Provided
E-mail: schulz.susan@eparnai l.epa.gov
Dennis R. Scott
Save Ward Valley
107 F. Street
Needles, CA 92363
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Derek Scott
Community Coordinator
Region 9
U,S. Environmental Protection Agency
75 Hawthorne' Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: · [e-mail]
Sophia Serda
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105-3901
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mtlry Settle
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 25
Sally Seymour
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, SPE-1
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: seymour [e-mail]
Maya Shaw
Researcher
Hesperian Foundation
1919 Addison, Suite 304
Berkeley, CA 94704
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Jason Sheeley
Radian International
10389 Old Placerville Road
Sacramento, CA 95827
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Peggy M. Shepard
Executive Director
West Harlem Environmental Action, Inc.
271 West 125th Street, Suite 211
New York, NY 10027
Phone: [phone] ext. 303
Fax: [phone]
E-mail: [e-mail]
Toby Sherwood~
Assistant ~ounsel
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Katherine Short
CRIT Mohave Elders Committee
Rt. 1 Box 23-B
Parker, AZ 85344
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Alan Sielen
Office of International Activities
U.S. Environmental Protecti_on Agency
401 M Street, SW, (MC 2610R)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Bill Simmons
International Indian Treaty Council
54 Mint Street, Suite 400
San Fransisco, CA 94103
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
LaShenna Sirles
Environmental Justice Assistant
Region 9
U.S. EnVJronmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
William Sloan
Intern
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: Not Provided
Fax: Not Provided
E-mail: Not Provided
Damu Imara Smith
Southern Regional Representative
Greenpeace USA
1436 U Street NW
Washington, DC 20009
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Linda K. Smith
Program Management Director
Office of Environmental Justice
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2201A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Nancy Sockabasin
Environmental Scientist
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ricardo Soto-Lopez
Puerto Rico-Northeast Environmental
Justice Network
75 Park Avenue
Newark, NJ 07104
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Mathy V. Stanislaus
Director
Environmental Compliance
Enviro-Sciences, Inc.
111 Howard Boulevard, Suite 108
Mt. Arlington, NJ 07856
Phone: [phone] ext. 1246
Fax: . [phone]
E-mail: [e-mail]
Michael Stanley-Jones
Public Access & Participation, Environmental
Justice Project
Silicon Valley Toxics C0<1lition
760 N. First Street
San Jose, CA 95112
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 26
Leslie Stewart
Contra Costa Hazardous Materials
·commission
3398 Wren Avenue
Concord, CA 94519
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Le Vonne Stone
Fort Ord Environmental Justice Network
P.O. Box 361
Marina, CA 93933
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Alexis Strauss
Water Division
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Pat Straw
Information Management Specialist
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2222A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Charles Stringer
Special Counsel
White Mountain Apache Tribe
n Oak Street
Somerville, MA 02143
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Peggy Sullivan
C.L.E.A.N. M.E.A.N. M.O.M
6 707 Oak Lake Drive
Sulphur, LA 70663
Phone: [phone]
Fax: Not Provided
E-mail: Not Provided
Keith Takata
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, SFD-1
San Francisco, CA 94596
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Tristi Tanaka
· Transitional Resource & Action Center
(TRAC)
P.O. Box 29344
San Francisco, CA 94129
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mari Rose Taruc
People United for a Better Oakland
(PUEBLO)
1448 5th Avenue,# 2
Oakland, CA 94606
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Shhonn Taylor
Enforcement Planning, Targeting, and Data
Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
-401 M Street, SW, (MC 2222A)
Washington, DC 20460
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Willie R. Taylor
Director
U.S. Department of the Interior
1849 C Street, NW, Room 2340
Washington, DC 20002
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Clancy Tenley
Indian Programs Manager
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street (E-4)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: tenlay [e-mail]
James L. Thompson, Jr.
Office of Criminal Enforcement
Region 3
U.S. Environmental Protection Agency
841 Chestnut Street (3CEOO)
Philadelphia, PA 19107
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Patrice Thornton
Environmental Protection Specialist
Office of Air and Radiation
U.S. Environmental Protection Agency
2000 Traver Wood Drive
Ann Arbor, MI 48105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Carletta Tilouise
Hawasupai Tribe
Box 2800-312
Carefree, AZ 853TT
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
June 1998 NEJ'AC Conference
List of Attendees
Page 27
Gerald Torres
University of Texas Law School
727 East Dean Keeton, Room 3266
Austin, TX 78705
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ryan Torres
Internship Program Coordinator
Environmental Careers Organization
381 Bush Street, Suite 700 .
San Francisco, CA 94104
Phone: [phone] ext. 171
Fax: [phone]
E-maJ/.· [e-mail]
Arthur Totten
Environmentalist
Office of Pollution Prevention and Toxics
Office of Prevention, Pesticides, and Toxic
Substances
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7406)
'Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ellen Townsend-Smith
Associate Chemical Engineer
California Energy Commission · .
1516 9th Street (MS-40)
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Connie Tucker
Executive Director
Southern Organizing Committee for
Economic & Social Justice
P.O. Box 10518
Atlanta, GA 30310
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Mee Ling Tung
Environmental Health Services
County of Alameda
1131 Harbor Bay Parkway, Suite 230
Alameda, CA 64502-65TT
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Haywood Turrentine
Executive Director
Laborers' District Council Education and
Training Trust Fund
500 Lancaster Pike
Exton, PA 19341
Phone: [phone] ,
Fax: [phone]
E-mail: [e-mail]
t>elta Enid Valente
Pr.oject Manager
Office of Pesticide Programs
U.S. Environmental Protection Agency
401 M Street, SW, (MC 7506C)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: valente.delta@epamai I .epa.gov
Stephanie Valentine
Community Based Environmental Protection
Coordinator
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
LIiiian Valverde
Purity Oil
2225 N. Glenn
Fresno, CA 93704
Phone: [phone]
Fax: 'Not Provided
E-mail: Not Provided
Lucille Van Ommering
Staff Air Pollution Specialist
California Air Resources Board
2020 L. Street
Sacramento, CA 95812
Phone: [phone]
Fax: 916-3~2-3646
E-mail: [e-mail]
Loretta Vanegas
U.S. Environmental Protection Agency
75 Hawthorne Street, WTR-10
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Bal~emar Velasq!-'ez
President
Farm Labor Organizing Committee
1221 Broadway
Toledo, OH 43609
Phone: [phone]
Fax: [phone]
E-mail: bvelasquez@accesstoldeo.~om
t>ebra Villari
Acting Deputy Division Director
Enf~rcement Planning, Targeting, and Data
Division
Office of Enforcement and Compliance
Assurance
U.S. Environmental Protection Agency
401 M Street, SW, (MC 2222A)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Kara Vuicich
Region 9, (CMD -4-2)
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105-3901
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 19981NEJAC Conference
List of Attendees
Page 28
Paula Wagner
Regional Manager
Environmental Careers Organization
381 Bust Street, Suite 700
San Francisco, CA 94104
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Alice Walker
Program Analyst
U.S. Environmental Protection Agency
401 M Street, SW, (MC 4102)
Washington, DC 20460
Phone: 202-260~1919
Fax: [phone]
E-mail: walker .ali [e-mail]
Steve Wall
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street. WST-7
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Alan Walts
Region 5
U.S. Environmental Protection Agency
n West Jackson Boulevard (c-14J)
Chicago, IL 60604
Phone: [phone]
Fax: [phone]
E-mai/: [e-mail]
Oliver L. Warnsley
Environmental Justice Coordinator
Superfund Division
Region 5
U.S. Environmental Protection Agency
n West Jackson Boulevard (SR-6J)
Chicago, IL 60604
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Kofi Watlington-Macleod
Nautical Resources Defense Council
6310 San Vicente Boulevard Suite 210
Los Angeles, CA 90025
Phone: [phone]
Fax: [phone]
E-mail: · [e-mail]
Liz Wayne ·
Research Assistant
Center for Environmental Health
965 Mission Street, #218
San Francisco, CA 94103
Phone: [phone]
Fax: 415-7n-3443
E-mai/: [e-mail]
Laurie A. Weahkee
Petroglyph Monument Protection Coalition
1605 A. Granite, NW
Albuquerque, NM 87102
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Olin Webb
Bayview Hunters Point Contractors
Association
186 Maddux Avenue
San Francisco, CA 94124
Phone: [phone]
Fax: Nat Provided
E-mai/: Not Provided
Max Weintraub
Information Specialist
National Lead Information Center
1019 19th Street, NW, Suite 401
Washington, DC 20036
Phone: [phone] ext. 934
Fax: [phone]
E-mail: Not Provided
Victor Weisser
California for Environment & Economic
Balance
100 Spear Street
Suite 805
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mai/: [e-mail]
Suzanne E. Wells
Director
Community Involvement and Outreach
Center
Superfund Program
U.S. Environmental Protection Agency
401 M Street, SW, (MC 5204G)
Washington, DC 20460
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ivry White
FOIA/Public Affairs Assistant
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Damon Whitehead
Staff Attorney
Lawyer's Committee For Civil Rights Under
the Law
1450 G Street, NW, Suite 400
Washington, DC 20005
Phone: [phone]
Fax:. [phone]
E-mail: , [e-mail]
Katy Wilcoxen
Environmental Justice Team
Region 9
U.S. Environmental Protection Agency
75 Hawt:horne Street (CMD-6)
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
June 1998 NEJAC Conference
List of Attendees
Page 29
Jane Williams
Executive Director
California Communities Against Toxics
P.O. Box 845
Rosamond, CA 93560
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
LaDonna Williams
Midway for Child Health and Environmental
Justice
165 Masonic Drive
Vallejo, CA 94591
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Margaret Williams
President
Citizens Against Toxic Exposure
6400 Marianna Drive
Pensacola, FL ~2504
Phone: [phone]
Fax: [phone]
E-mail: Not Provided
Butch Wing
California Coordinator
Rainbow/PUSH
3033 Regent Street
Berk, CA 94705
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Lily Wong
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: Not Provided
E-mail: [e-mail]
Beverly Wright
Director
Deep ·South Center for Environmental
Justice
Xavier University
7325 Palmetto Street, Box 45B
New Orleans, LA 70125
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Eddie L. Wright
Environmental Analyst
Waste Management Division
Region 4
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, GA 30303-3104
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Gerald H. Yamada
Attorney
Paul, Hastings, Janofsky & Walker LLP
1299 Pennsylvania Avenue, NW, 10th Floor
Washington, DC 20004
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Harold Yates
Senior Community Involvement Coordinator
Hazardous Site Cleanup Division
Region 3
U.S. Environmental Protection Agency
841 Chestnut Street MC 3HW43)
Philadelphia, PA 19107
Phone: [phone]
Fax: [phone]
E-mail: yates.hal@epan'!0i1.epa.gov
Danita Yocom
Assistant Regional Counsel
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, VA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Laura· Yoshii
Director
Cross Media Division
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Ward Young
Ban Waste Coalition
P.O. Box 894
Solinas, CA 94924
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Beth Zilbert
M.O.M
M.E.A.N
C.L.E.A.N.
1607 Griffith Street
Lake Charles, LA 70601
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Amy Zimpfer
Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street, AIR-1
San Frcincisco, CA 94105
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
Appendix C
Written Public Comments
Patrick Orozco, Headman, Pajaro Valley Ohlone Indian Council
644 Pear Tree Drive, Watsonville, CA 95076 ( 408) 728-8471
6/1/98
I am Patrick Orozco, headman of the Pajaro Valley Ohl.one Indian Council. I regret
. that I am not able to be present at the NEJAC hearing, but 1 would like to express the
deep interest of my people in the future of the San Bruno Shell Mound and our
concern about the impacts of development.
Although our people are located at some distance from the San Bruno Shell
Mound, we have a strong affinity with those who once lived there, the Slipskin
Ohlone. Linguists in this century supplied the name Ohlone to refer to the
common language spoken by people who lived between the Carmel River and the
San Francisco Bay delta. We are united with the Slipskin Ohlone through our
common language and through the cultural similarities that exist among Ohlonean
people. We feel a connection with the spirit of our ancestors who lived there.
When I visit the Shell Mound, I imagine the songs and the prayers, the crying and
mourning of our people when they buried their dead. The Ohlonean people today
are like a fence to protect the spirits of those who have gone. ·
We have taken a strong stand on protection of grave sites. My great grandfather
Rios repeatedly admonished us to protect the graves of the ancestors. We have done
this in. the Watsonville area and at various sites in San Benito, Monterey and Santa
Clara Counties. Whenever development, such as schools, buildings or roads, takes
place, and there are grave sites, I and my people have been called on as consultants.
At times there have been intense conflicts, and we have stood our ground and gone
to great measures to protect our graves from desecration.
Now we must speak up about the San Bruno Mountain .Shell Mound. It is the
largest, oldest and most intact shell mound left in the Bay area. Slipskin people
lived there continuously for 5000 years. Our ancestors must have found the area
very conducive to life. The more time we spend on the mound, the more we
understand how this site supported life there for so many centuries. So many other
mounds have been paved over and been obliterated by buildings, that we have not
had such a valuable opportunity to relate to the lives of our ancestors.
San Bruno Mountain is a place that is still in its natural state. Some but not major
disturbance has occurred there in the past. In walking this land, one can see that this
is first of all, a place of peace. In looking at the terrain, I find evidence of FC, fire
1
crJckcd rock, which indicates that there was burning of stone for eating or cooking. I
· find chert that shows there was manufacturing of arrow points. I see the richness of
midden which tells me that there are burials there. The color of the soil is dark;
that's where you find evidence of occupation or burials. The fire cracked rock by the
stream tells me that they were burning the.stones for sweat lodge and cooking
purposes (used for cooking acorn meal or salmon). The village was most likely
located where the Bayshore Highway is today. But it must have been on higher
ground then, because villages were built on high ground.
But most of all, I feel the spirituality that is there, . because the ancestors are still
there. I feel that any disturbance of their resting places would release the sacredness
of the mountain, and that it would affect the people living now who are connected
to them merytally and physically. I have always taken all measures to protect and
preserve the graves.
There are many plants at the Shell Mound that have always been important for us.
and used by our people for many centuries. The.re is soap root, which we have used
for multiple purposes, such as food, shampoos and fish poisons. There are plants
used for food, such as buckeyes, brodiaeas and the flowers seed& of poppies, lupines
and others. There are plants used for medicines such as yerba santa, ya~ow, curly
dock and plantain At one time there must have been enormous resources for our
people from the all year stream there that flows from the mountain to the bay.
There are willows still, used by our people for building and for medicine.
Although this· land has been cattle grazed and many of the original plants have been
lost, yet it must have sustained food, medicines and materials in great abundance.
There are in my opinion hundreds or more of graves at the San Bruno Shell
Mound. The entire area should be left in place, protecting all plant life and the
animal habitat. Our religious life centers on our reverence for the dead and our
continuity with them. When we are at the places of burial of our ancestors, we are
connected with our culture and our ways, and we have a sense of peace and accord
with life.
We urge that federal laws be used to save this land from desecration and to keep it
as a sacred site for our people and all people who have reverence for its history, life
and spirit.
2