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NACEPT - Title VI Subcommittee
Title VI Implementation Advisory Subcommittee under the National Advisory Council for Environmental Policy and Technology
Background
Title VI of the Civil Rights Act of 1964 (Title VI) prohibits recipients of federal financial assistance from discriminating on the basis of race, color, or national origin in their programs or activities. Since 1993, the U.S. Environmental Protection Agency (EPA) has received an increasing number of Title VI complaints that allege discriminatory effects due to the issuance of pollution control permits by state and local governmental agencies that receive EPA funding.
On February 5, 1998, EPA's Office of Civil Rights (OCR) released interim guidance defining key parameters for the Agency's processing of Title VI complaints. EPA is using the interim guidance to process its existing backlog of cases. However, EPA is accepting public comment on the guidance and plans to issue final guidance after reviewing the comments.
Apart from the process for finalizing the interim guidance, EPA recognizes the need to work with key stakeholders in the development of implementation tools and analytic techniques to evaluate potential Title VI concerns. For example, to assess pending Title VI complaints, EPA is developing demographic analysis techniques, enhanced methods for assessing impacts, and other analytic tools. Similarly, some states, local governments, and industry will desire tools to assess potential Title VI concerns and, where they exist, seek avenues to mitigate them before they become the subject of complaints.
Committee Charge
The purpose of the Title VI Implementation Advisory Committee is to review and evaluate existing techniques that may be used by EPA funding recipients to operate environmental permitting programs in compliance with Title VI. Techniques may include tools for assessing potential Title VI concerns and mitigating impacts where they occur. The Committee will identify existing techniques that can be used successfully as well as gaps in the availability of analytic methods or other tools that need to be addressed. The Committee will also identify areas where technical assistance, education, and training may be needed to ensure effective implementation of Title VI programs.
While finalization of EPA's Title VI interim guidance is not included in the committee charge, EPA may consider revision or supplementation to the interim guidance if necessary to fulfill the Committee's recommendations regarding implementation tools and techniques.
The Committee will provide recommendations to the EPA Administrator and Deputy Administrator within six months of the first meeting. The Committee will be staffed by EPA personnel from the Office of Civil Rights, the Office of Cooperative Environmental Management, and several program offices. Committee members will include state environmental commissioners, as well as representatives from industry, the academic community, tribal and indigenous interests, and grassroots environmental and other non-governmental organizations.
April 14, 1998