NCD980602163_19981231_Warren County PCB Landfill_SERB C_USEPA - Warren County PCB Landfill_SERB C_US-EPA Environmental Justice Monitor - December 1998-OCR

United States
Environmental Protection
Agency
Office of Environmental Justice
Office of Enforcement/Compliance
Assurance (2201A)
December 1998
ENVIRONMENTAL JUSTICE MONlTOR
DECEMBER .1998 RECEIVED
JAN 2 8 1999
Highlights of the National Environmental Justice Advisory Council .
Meeting -Baton Rouge, Louisiana SUPERFUND SECTION
The 13th meeting of the National Environmental
Justice Advisory Council (NEJAC) took place on
December 7 through December 10, 1998 at the
Baton Ro!:!ge Hilton Hotel in Bat.on Rouge,
Louisiana. The Executive Council of the NEJAC
met on December 8, and 10, 1998. Each of the
seven subcommittees met for a full day on
December 9. In addition, on December 7, 1998,
members of the NEJAC participated in a fact
finding bus tour of local communities in the Baton
Rouge, Louisiana area to learn about
environmental issues and concerns related to those
communities. The NEJAC also hosted thre~ public
comment periods on December 7, 8, and 9, 1998,
in which approximately 63 people offered
comments. Approximately 450 persons attended
the meetings and the public comment sessions.
The NEJAC is a federal advisory committee that ·
was established by charter on September 30, 1993,
to provide independent advice, consultation, and
recommendations to the Administrator of the U.S.
Environmental Protection Agency (EPA) on matters
related to environmental justice. Mr. Haywood
Turrentine, Laborers' District Council of the
Education and Training Trust Fund (an affiliate of
the Labuiers International Uiiion of North ArnerrCa),
continues to serve as the chair of the Executive
Council. Mr. Robert Knox. Associate Director, EPA
Office of Environmental Justice (OEJ), serves as
the acting Designated Federal Official (DFO) for
the Executive Council of the NEJAC.
EPA OEJ maintains public transcripts and
summary reports of the proceedings of each
meeting. Those documents are available to the
public upon request. The public also can access
the executive summaries of repo,:ts of previous
meetings, as well as other NEJAC publications, on
the Internet at http:lles.epa.govlocealoej/nejac/.
The summaries are available in both English and
Spanish language versions.
In This Issue
Meeting Otierwew -1
ComlnOn Themes -3
Summaries of the Subcommittee Meetings -4
Summary of Approved Resolutions and Letters to
the EPA Administrator -5
Visit the U.S. Environmental Protection Agency
Office of Environmental Justice Home Page at:
http:/ /www.epa.gov/oeca/oej.html
MEETING OVERVIEW
Sl(mmarized below are the highlights of opening
remarks and a list of the presenters:
Chair of the NEJAC .
Mr. Tom Goldtooth, Indigenous Environmental
Network and chair of the Indigenous Peoples
Subcommittee, served as the acting chair of the
Executive Council on December 7 and 8, 1998 for
Mr. Turrentine who arrived on December 9, 1998.
Mr. Goldtooth opened the meeting of the Executive
Council ·by explaining the significance of holding a
meeting of the NEJAC in Louisiana. He explained
that he previously had toured Convent, Louisiana
where he had observed the adverse environmental
conditions that local communities must face on a
day-to-day basis.
Mr. Goldtooth then· acknowledged the members of
the community who had planned the fact finding
. tour that members of the NEJAC had participated
ENVIRONMENTAL JUSTICE MONITOR
DECEMBER 1998 MEETING OF THE NEJAC
BATON ROUGE, LOlJISIANA
PAGE2
in and noted how the members of the communities
the NEJAC visited had "talked from their hearts"
about the health and environmental problems they
confront.
Principal Deputy Assistant Administrator, EPA
Office of Enforcement and Compliance
Assurance
Ms'. Sylvia Lowrance, Principal Deputy Assistant
Administrator, EPA Office of Enforcement and
Compliance Assurance (OECA), highlighted for the
members of the NEJAC several·areas of national
interest related to environmental justice: ·
• The significance of the self-assessment of the
NEJAC which is expected to provide feedback
not only for the NEJAC to improve its
processes, but also will advise EPA about how
to continue to better integrate principles related
to environmental justice into the agency's daily
activities
• The continued participation of members of the
NEJAC and other stakeholders in discussions
related to environmental justice and Title VI of
the Civil Rights Act of 1964, in support of the
agency's efforts to revise its interim guidance
on Title VI for investigating administrative
complaints challenging permits.
• The significance of the creation of the new Air
and. Water Subcommittee of the NEJAC to
provide to EPA Office of Air and Radiation
(OAR) and Office of Water (OW) independent
advice on how to integrate principles of
environmental justice into their national policies
and programs.
Ms. Lowrance concluded -her remarks by
introducing the newly appointed · director of EPA
OEJ, Mr. Bany Hill. She also acknowledged the
efforts of Mr. Knox who had been serving as the
acting director for more than a year. Mr. Hill's
comments are summarized later in this report.
Regional Administrator, EPA Region 6
Welcoming the members of the NEJAC to EPA
Region 6, Mr. Gregg Cooke, Regional
Administrator, EPA Region 6, noted that more than
52 members of his staff were attending the meeting
to hear and listen to comments of the. public.
Mr. Cooke then reviewed several activities
undertaken · by EPA Region 6 related to
environmental justice which include:
• Drafted a new policy related to environmental
justice
• Established an environmental justice office in
the region which will have . five full-time
employees
• Awarded more than $600,000 in grants to
communities to help build capacity
• Established a toll-free number . to increase
accessibility to information by communities
Mr. Cooke concluded his remarks by expressing
his belief that EPA and state .and local
governments must engage in building trust and
confidence with local communities to solve
environmental problems.
Director, EPA Office of Environmental Justice
Mr. Hill began his remarks by stating that it was
appropriate for the NEJAC to hok:I its 13th meeting
in Louisiana because the state is home to more
than 800 chemical and petrochemical industries
and manufacturing facilities, many of which are
concentrated along a 120-mile stretch of .the
Mississippi River.
Mr. Hill then focused his remarks on the fu re
mission and goals of OEJ. He explained that the ,
office has a broad mandate and has several key
responsibilities wh!Ch inclt.ide:
• Serve as the agency's focal point for ensuring
that all communities regardless of race,
income, or economic status receive equal
enforcement of protective environmental laws.
• Ensure that enforcement and compliance
assurance activities of the agency address the
concerns of environmental justice and that
these activities are coordinated to effectively
,address the concerns of affected communities.
• · Advise the EPA Administrator and other senior
officials of the agency on issues related to
environmental justice.
ENVIRONMENTAL JUSTICE MONITOR
DECEMBER 1998 MEETING OF THE NEJAC
BATON ROUGE, LOUISIANA
PAGE3
• Serve as a clearing house and dissemination
point for the public, EPA, and other federal
agencies , for information related to
environmental justice.
• Serve as a conduit for all stakeholders involved
in activitie.s related to environmental justice.
Mr. Hill continued by infonning the members of the
NEJAC about what he believes the philosophy of
OEJ should be and how to achieve the
responsibilities identified above. Mr. Hill also
announced · how he plans to reorganize OEJ to
better serve the needs of all stakeholders. He
concluded his remarks by stating that it is essentiRI
for OEJ to provide direction to the EPA regional
offices, state agencies, and local governments on
how to implement principles related to
environmental justice into their programs and
policies.
Other Presenters
The Executive Council also heard presentations by
the following individuals:
• Mr. Bradley Campbell, White House Council on
Environmental Quality (CEQ), provided an
update on the White House environmental
justice listening sessi.ons
• Mr. Robert Brenner, EPA OAR, and Ms.
Corrine Wellish, EPA OW, acknowledged the
creation of the new Air and .Water
Subcommittee of the NEJAC .
• Ms. Ann Goode, EPA Office of Civil Rights
(OCR), provided an update or, EPA's Tlt!e VI
work group,
• Mr. Char1es Lee, Chair of the NEJAC
Assessment Work Group, provided an update
on the activities of the NEJAC Assessment
Work Group
• Dr. William Sanders, EPA Office of Pollution
Prevention and Toxic Substances (OPPTS),
and Ms. Janet Phoenix, National Lead
lnfonnation Center; provided infonnation about
EPA's proposed lead standards
• Dr. Maria Morandi, member of EPA's Science
Advisory Board presented on the
'disproportionate impact methodology review;
• Mr. Kent Benjamin, EPA Office of Solid Waste
and Emergency Response provided an update
on the fact-finding meeting of the Waste
Transfer Work Group of the Waste and Facility
Siting Subcommittee held in November 1998 in
New York, New York.
COMMON THEMES
During the meetings of the NEJAC Executive
Council and its subcommittees, the members of the
!\IE.JAG disc•.1ssed & broad range of issues relc:ted
to environmental justice. Specific concerns of and
commitments made by the NEJAC include:
• Expressing concern about the process of how
EPA's OCR chooses to pursue administrative
complaints filed under Title VI as well as the
methodology that the office uses to decide
whether discrimination has taken place. .
• Ensuring that EPA provides adequate
oversight of state agencies related to
implementing state environmental programs
that have been delegated; of particular concern
was the programs of the Louisiana Departmerit .
of Environmental Quality (DEQ).
• Ensuring that the assessment of the NEJAC be
conducted by independent parties.
Members of the NEJAC discussed the process of
how EPA OCR determines which administrative
complaints that have been filed under Title VI are
selected for investigaUon. Members of the NEJAC
expressed particular concern about the. Select
.steel case in Flint, Michigan which appeared to be
placed on a fast-track while other administrative
cases filed before the Select Steel complaint are
still awaiting a detennination of whether they will be
investigated.
Members of the NEJAC continued to express
concern about the lack of EPA ov~rsight related to
environmental programs that have been delegated
to state and . local agencies, particular1y the
Louisiana DEQ. Members of the NEJAC
.sl,lggested that EPA Region 6 should condu~
additional inspections and take a lead a role in the
enforcement of environmental laws.
Several members of the NEJAC recommended that
· the NEJAC Assessment Work Group use
ENVIRONMENTAL JUSnCE MONITOR
DECEMBER 1998 MEETING OF THE NEJAC
BA TON ROUGE, LOUISIANA
PAGE4
independent sources to conduct analyses to
determine.the effectiveness of the NEJAC. Several
members commented that an independent study
would provide better information to the NEJAC
Assessment Work Group.
------
SUMMARIES OF THE
SUBCOMMITTEE MEETINGS
Summarized below · are the highlights of the
meetings of the subcommittees:
Air and Water Subcommittee
The Air and Water Subcommittee of the NEJAC
held its first meeting in Baton Rouge, Louisiana.
The members of the subcommittee were provided
information about the agency's air and water
programs by Robert Perciasepe, Acting Assistant
Administrator of EPA OAR, Mr. Robert Brenner,
Acting Deputy Assistant Administrator of EPA
OAR, and Ms. Dana Minerva, Deputy Assistant
Administrator of EPA OW.
Members of the subcommittee discussed at length
the four goals of the subcommittee which include:
• Foster an exchange of information between all
stakeholders
• Develop creative, sustainable, and fair
solutions to social and environmental
challenges based on past lessons learned
· related to erivir6nmentai justice
• Identify incentives related to pollution
prevention and exposure reduction
• Recommend that -cumulative effects be
included as part of EPA's permit policies
Members of the subcommittee agreed to form work
groups related to the four goals of the
subcommittee.
Members also initiated work on a resolution to
establish an urban air toxics work group to examine
and develop recommendations for addressing
environmental justice concerns related to EPA's
Integrated Urban Air Toxics Strategy.
Enforcement Subcommittee
Members of the subcommittee discussed at length
a strategic plan related to the goals and objectives
of the Enforcement Subcommittee. The members
had agreed to target efforts toward the worst
polluted areas; focus on state and tribal
enforcement and citizen suits to ensure that
principles of environmental justice are integrated;
and to ensure that environmental justice is an
integral part of all EPA's compliance assurance
activities. ·
Members of the subcommittee held a joint session
with the Air and Water Subcommittee to hear
presentations from EPA OAR and EPA OW related
to open-market trading of air emissions credits and
air quality.
. Members of the subcommittee also heard a
presentation from Ms. Lowrance describing how ·
the enforcement process works both within and
outside of EPA.
Health and Research Subcommittee
Members of the subcommittee heard several .
presentations on community-based research from
representatives of EPA, community groups, and
other federal agencies~ Members agreed to focus
on community-based research as a priority issue.
In addition, members of the subcommittee
discussed -at length the development of an
appropriate model for community-based research.
Members also developed a proposed resolution in
which the NEJAC would en_dorse the concept of
community-based air monitoring. In addition, the
subcommittee agreed to request that the NEJAC
encourage EPA to support community-based air
monitoring programs and to research creative
funding sources, such as Supplemental
Environmental Projects (SEP), for these programs.
Indigenous Peoples Subcommittee
Members of the subcommittee discussed the
_ development of a consultation and collaboration
guidance to provide assistance to federal and other
agencies on how to participate in meaningful
consultation with tribal governments and tribal
. communities. The members developed an outline
and identified tasks to be ·completed by members .
of the subcommittee.
ENVIRONMENTAL JUSTICE MONITOR
DECEMBER 1998 MEETING OF THE NEJAC
BATON ROUGE, LOUISIANA
PAGES
Members of the subcommittee also heard updates
on the following cases related to environmental
justice and indigenous peoples:
• The proposed construction of a reservoir in
Newport News, Virginia that may adversely
impact the Mattaponi Indian' tribe.
• The proposed construction of a low-level
nuclear waste storage facility in Ward Valley,
California opposed by many tribes, including
the Five Tribes of the Colorado River.
• The proposed construction of a residuntial and
commercial development near the San Bruno
Ohlone Shell Mound that may affect the sacred
sites of the Ohlone Indian Tribe.
International Subcommittee
Members of the subcommittee discussed the
proposed International Roundtable scheduled to be
held in San. Diego, California in July 1999 .. The
proposed agenda would include a two and one-half
day event, including a binational fact-finding tour of
sites in the United States and Mexico, public
comment and plenary sessions, as well as;
breakout sessions to discuss environmental justice
concerns related to the United States and Mexico.
Members of the subcommittee prepared a letter to
the EPA Administrator requesting that EPA assist
Mexico to clean up the Metales y Derivados lead
smelter site in Tijuana, Baja California, Mexico.
Public Participation and Accountability
Subcommittee
Members of the subcommittee forwarded a
resolution to the Executive Council ofthe NEJAC
requesting that the Public Participation and
Accountability Subcommittee be dissolved and that
members of the subcommittee be reassigned to
each of the other subcommittees of the NEJAC to
ensure that public participation processes be
integrated into their deliberations.
Members of the subcommittee also forwarded a
resolution to the Executive Council of the NEJAC
requesting that EPA create a work group to
develop a model for the ear1y participation of
affected communities such as those in Puerto Rico •
in the decision making processes of EPA Region 2.
The subcommittee discussed reV1S1ons to the
NEJAC Model Plan for Public Participation to
specify that the document is intended for the
conduct of public meetings, not for the process of
ensuring public participation in decision-making
processes of EPA.
Waste and Facility Siting Subcommittee
Members of the subcommittee discussed ·issues
related to environmental justice and the
administration of the Superfund program by EPA.
The members of the subcommittee recommended
that communities be protected as EPA delegates
authority to tribes and states under Superfund.
Members of the subcommittee received an update
from the Waste Transfer Station Work Group
related to a fact-finding meeting held in November
1998 in New York City, New York. The work group
will conduct an additional fact-finding tour in
Washington, D.C. and then issue its findings from
both tours.
Members of the subcommittee urged EPA to
integrate considerations related to environmental
justice into the -planning and implementation of.
community-based environmental protection
activities.
SUMMARY OF APPROVED
RESOLUTIONS AND LETTERS
TO THE EPA ADMINISTRATOR
This s~ction summarizes resoltrtions and letters to
the EPA Administrator that were discussed by the
subcommittees and approved by the Executive
Council of the NEJAC during the meeting.
The NEJAC approved the following resolutions:
• The NEJAC . recommends · to the EPA
Administrator that the Public Participation and
Accountability Subcommittee be dissolved and
its members assigned to the other
subcommittees of the NEJAC to ensure that
concerns related to public participation are
addressed within the context of program
specific areas. In addition, the NEJAC
requests that the NEJAC Protocol Committee
establish . a Public Participation and
Accountability Work Group whose members
,.
•
j . ENVIRONMENTAL JUSTICE MONITOR
DECEMBER 1998 MEETING OF THE NEJAC
BATON ROUGE, LOUISIANA
PAGE6
would comprise of the former Public
Participation and Accountability Subcommittee .
to · serve as a "watchdog" for the NEJAC to
ensure that the NEJAC continues to apply the
principles of public participation in its
deliberations and decisions.
• The NEJAC recommends to the EPA
Administrator. that the agency create ,a work
group to develop a model for the . early
participation of affected communities, such as,
thos_e in Puerto Rico, in decision-making
processes in EPA Region II.
• .. The NEJAC recommends to the EPA
Administrator that EPA OPPTS:
-· Disseminate the proposed 1998 Mercury
Action Plan directly to all federally-
recognized Arnerican Indian/Alaska Native
tribes and vil_lages, Hawaiian Natives,
.state-recognized tribes, tribal
environmental and health managers and
organizations, and the Indian Health
Service
Extend the 90-day comment period to
allow sufficient time for comment from
tribes
Consult directly with federally...,ecognized
American Indian/Alaska Native tribes and
villages and Hawaiian Natives whose
subsistence lifestyles are predominated by
consumption of fish and other aquatic life
Provide educational and health infonnation
to tribes, the Indian Health Service, and
the Bureau of Indian Affairs, on the danger
of consuming mercury contaminated fish
· ·, ., · . and other.:aquatic life
-Adopt a Mercury Action Plan and
regulatory authority that seeks to eliminate
anthropogenic mercury emissions by the
year 2010, establish baseline standard
emissions, and adopt enhanced reporting
requirements for me,:cury emission
sources.
• The NEJAC recommends to the EPA
Administrator that the Indigenous Peoples
Subcommittee establish a work group to
develop a consultation guidance for federal
agencies and tribes.
The NEJAC approved. the following letters:
• The NEJAC recommends that EPA review the
National Environmental Policy Act (NEPA)
process used by the Bureau of Indian Affairs
(BIA), U.S .. Department of the Interior to
prepare the environmental impact statement .
(EIS) for the pork production facility to be built
on the Rosebud Indian Reservation, South
Dakota.
• The NEJAC recommends that EPA continue
efforts to schedule a high-level meeting
between the President of the United States and
the Five Tribes of the Colorado River to
discuss the proposed low-level nuclear waste
facility in Ward Valley, California
• The NEJAC requests EPA to assist Mexico in
cleaning up the Metales and Derivados site
located in Tijuana, Baja California, Mexico.
• The NEJAC requests that EPA extend the
comment period related to the agency's
proposed regulations on lead.
NEXT NEJAC MEETING
The next meeting of the NEJAC is scheduled
tentatively for May 1999. T_he location has not yet
been detennined. By February 1999, please visit
NEJAC's home page on the World Wide Web at:
http://es.epa.gov/ocea/oej/nejac/ or can the
environmental justice toll-free hotline at 1 ~800:-962-
6215 for further infonnation about this pe mg
meeting.
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