20150998 Ver 1_EPA Response to EJ Study_20160921

Burdette, Jennifer a
From: Mussler, Ed
Sent: Wednesday, September 21, 2016 4:23 PM
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Subject: FW: FOR E-MAIL TRANSMISSION RE: 2016.09.09 Scott, M NC DEQ Sutton Facility
Response to NC DEQ
Attachments: 2016.09.09 Scott, M NC DEQ Sutton Facility Response to NC DEQ.pdf
Per your request
From: Aufman, Shannon E
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Subject: FW: FOR E-MAIL TRANSMISSION RE: 2016.09.09 Scott, M NC DEQ Sutton Facility Response to NC DEQ
From: Dorka, Lilian[mailto:Dorka.Lilian(-&,,epa.gov]
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<Packard.Elis eLa,,,epa.gov>; Lapierre, Kenneth <Lapierre.Kenneth(c�epa.gov>; Tejada, Matthew
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Subject: FW: FOR E-MAIL TRANSMISSION RE: 2016.09.09 Scott, M NC DEQ Sutton Facility Response to NC DEQ
Dear Mr. Scott:
Attached, please find the EPA's Office of Civil Rights' response to your June 17, 2016, letter requesting a
review of the Sutton Duke Energy Complex Study. A hard copy of this letter has also been mailed to you via
certified mail. Please let us know if you have any questions.
Sincerely,
Lilian Sotolongo Dorka
Acting Director, EPA, Office of Civil Rights

September 9, 2016
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C, 20460
Return Receipt Requested
Certified Mail#: 7015 1520 0002 0019 3141
Mr. Michael Scott
Director
North Carolina Department of Environmental Quality
Division of Waste Management
1646 Mail Service Center
Raleigh, NC 27699-1646
Re: Sutton Duke Energy Complex Study
Dear Mr. Scott:
OFFICE OF
CIVIL. RIGHIS
In Reply Refer to:
EPA File No.: TA16-R4-003
The U.S. Environmental Protection Agency (EPA), Office of Civil Rights (OCR), received your
request to review the Sutton Duke Energy Complex study dated June 17, 2016. OCR is
responsible for enforcing several civil rights laws which, together, prohibit discrimination on the
basis of race, color, or national origin (including on the basis of limited -English proficiency);
sex; disability; and age by applicants for and recipients of federal financial assistance from
EPA.' OCR is also responsible for enforcing Section 13 of the Federal Water Pollution Control
Act Amendments of 1972 which prohibits discrimination based on sex under programs or
activities receiving financial assistance under the Clean Water Act.
We appreciate your reaching out to OCR as you develop your protocol and guidance for
reviewing facilities of this nature consistent with your civil rights responsibilities as recipients of
financial assistance from EPA. OCR is pleased to offer technical assistance to NC DEQ
regarding further development of your civil rights non-discrimination program, especially as it
relates to the development of the foundational procedural elements required under EPA's non-
discrimination regulation (non-discrimination grievance procedure, coordinator, notice, etc.), and
other critical requirements necessary to ensure meaningful access to all of your programs and
activities for persons with limited English proficiency and persons with disabilities. However,
outside the context of an open civil rights complaint or compliance review investigation, OCR
does not provide review and/or comment on any civil rights or environmental justice impact
statements, studies, or other evaluations, such as the review and/or comment you request per
your June 17, 2016, letter.
'Title V1 of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, respectively.

Mr. Michael Scott
2
A robust and meaningful public engagement process for this project and others, along with a
non-discrimination program that provides avenues for the public to raise concerns or allegations
of discrimination directly to NC DEQ will provide your department the ability to work with
communities to resolve issues and concerns as the project proves forward. Hopefully, NC
DEQ's work to identify and address community concerns will obviate the need for communities
to file complaints with OCR. Should the Sutton project go forward and a discrimination
complaint that meets EPA's jurisdictional criteria be filed with EPA, OCR will look into the
specific facts and circumstances of that case at that time in accordance with OCR's Interim Case
Resolution Manual.2
EPA's Office of Environmental Justice and the EPA Region 4 Office of Environmental Justice
and Sustainability (OEJS) acknowledge NC DEQ's extensive use of our environmental justice
screening tool, EJSCREEN. In addition to our offer of technical assistance regarding your civil
rights prograin, we are pleased to also offer assistance in furthering NC DEQ's deeper
understanding and use of this tool. Additionally, the OEJS has worked with other Region 4
states to develop state-wide enviroiunental justice programs. They are available to consult with
NC DEQ about furthering consideration and implementation of environmental justice in the state
environmental programs. NC DEQ's participation in. the bi-monthly Region 4 State
Environmental Justice Coordinator teleconferences will continue to provide opportunities to
share information between the region and the states.
OCR would be happy to convene a meeting with you and our other EPA colleagues to discuss
any questions you might have. At your convenience, please contact OCR so that we may be able
to coordinate our partners and schedule a meeting to discuss this meeting. If you have any
questions, please feel free to contact Kurt Temple, Senior Advisor, at [phone], or by e-
mail at [e-mail], or me at [phone], or by e-mail at dorka.lilian�a7ena.gov.
Sincerely,
Lilian S. Dorka
Acting Director
Office of Civil Rights
cc: Elise Packard
Associate General Counsel
Civil Rights & Finance Law Office
2Interim Case Resolution Manual (December 1, 2015), Chapter 2, Section 2.4 -- 2.6.
littps://www.epa.gov/sites/produaion/files/2015-12/docuinents/ocr crin_final.pdf

Mr. Michael Scott
Matthew Tejada
Director
U.S. EPA Office of Environmental Justice
Kenneth Lapierre
Assistant Regional Administrator
Deputy Civil Rights Official
U.S. EPA Region IV