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Topic Area: Comprehensive Environmental Response, Compensation, and Liability Act

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Action Items


Action Item

Develop interim guidance on Community Advisory Groups (CAGs) and establish CAGs at ten pilot Superfund sites.

Office of Emergency and Remedial Response

The Office of Emergency and Remedial Response (OERR) and Regional community relations staff completed and circulated draft guidance on Community Advisory Groups (CAGs) to the Regions for review and comment. OERR finalized and distributed guidance in December 1995. The guidance provides direction for establishing CAGs to promote early, direct, and meaningful community involvement in the Superfund process especially at sites with environmental justice concerns. OERR also plans to develop a tool kit for all parties affiliated with CAGs on how to set up and maintain a CAG by May 1997.

OERR also held preliminary discussions with Regional staff resulting in the identification of 14 potential CAG sites in communities with environmental justice concerns. In January 1995, OERR requested that Regions officially submit the proposed pilot CAG sites early by February 1995. EPA will closely monitor the development and implementation of CAGs. EPA also plans to conduct case studies on a selected number of CAGs beginning in July 1996. The experience gained through the pilot may allow the initiative to be expanded to more sites.

Completed Milestones

7/94 Attended the National Community Relations/Technical Assistance Grant Conference in Denver to discuss CAGs.
1/95 Sent draft guidance on CAGs to Regions for review and comment.
1/95 Sent a memo to Regions requesting the formal identification of ten pilot CAG sites.
12/95 Headquarters finalized and distributed "Guidance for Community Advisory Groups at Superfund Sites"; December. 1995; OSWER Directive 9230.0-28; EPA 540-R-94-063.
4/96 Sent memo to Regions recognizing sites for CAGs and proposed plan to conduct case studies.
7/96 Began case studies.

Contact

Leslie Leahy (703) 603-9929

Region 1

Region I established and has been interacting extensively with CAGs at two Superfund sites with environmental justice concerns: New Bedford, Massachusetts, and Pine Street Canal, Vermont. EPA meets bi-weekly with community members at both sites to address community concerns and reach agreement on issues concerning the scope of work and remedy selection. A risk assessment, currently under way at the Pine Street Canal site, is evaluating the risk to subsistence fishermen from a Vietnamese community who use the Canal fish resources as a food source. The Region is working with the New Bedford Harbor CAG to reach consensus on alternative treatment technologies (for ROD 1) and on a proposed remedy for ROD 2.

EPA continues to meet regularly with the Pine Street Coordinating Council CAG. The Council, working by consensus, has completed two phases of data collection at the site, focusing on the effects of contamination on the wetland community. Currently, an ecological risk assessment is being completed and cleanup alternatives are being evaluated. The Council is fast approaching its goal--to reach consensus on a final remedy for the site. At New Bedford, the Region is also very close to finalizing the proposed plan for the second, and most significant, remedy. Region I initially faced considerable opposition to elements of its original proposed remedy, but through a year-long process of CAG (or community Forum) meetings and negotiations, EPA has developed a remedy that has received broad local support. One of the central issues involved the siting locations of shoreline sediment disposal facilities, and allegations that one of the originally proposed facilities was environmentally unjust. The new proposed remedy avoids this original area in favor of nonresidential industrial settings.

Contacts

Sheila Eckman (617) 573-5784
Dave Dickerson (617) 573-5735

[Note: This entry is also reported under the Outreach, Communications, and Partnerships topic area.]


Region 2

Region 2 chose the Diamond Alkali Superfund site, which has potential environmental justice concerns, to pilot the formation of a CAG. The community is predominately African-American and Hispanic. Region 2 selected CAG members and sponsored a CAG meeting for the site. At the CAG's request, the Region obtained guest speakers on EPA's dioxin reassessment work, State of New Jersey Department of Health epidemiological work completed in the area, the Newark Bay seafood consumption advisories, and Region 2's Harbor Estuary Program. To update the community on site activities and status, the Region generated and distributed two trilingual fact sheets on the Diamond Alkali Superfund site. In addition, the Region held a special site visit and roundtable discussion for members of the Ironbound Committee Against Toxic Wastes, a local advocacy group.

Completed Milestones

3/94 Distributed fact sheets.
6/94 Selected pilot Superfund site.
6/94 Selected CAG members.
7/94 Held first CAG meeting.
11/94 Held site visit and discussion with Ironbound Committee Against Toxic Wastes. Spring and Fall/95 - Held public meetings
1/95 - 3/96 Held CAG meetings.
1/95 - 3/96 Put out Trilingual Fact Sheets.
3/96 Held site visit with members of CAG.

Contacts

Pat Seppi (212) 637-3679
Lance Richman (212) 637-4409

Region 4

Region 4 chose a Superfund site which has environmental justice concerns and created a pilot Community Advisory Group (CAG). The initiative was undertaken in the Charleston, South Carolina, area in response to concerns of three neighborhood associations near the Koppers - Charleston Superfund Site. The CRC for the site met with residents, toured the area accompanied by the president of one of the associations, and documented the environmental concerns raised. Many of the concerns were referred to the Emergency Response Branch, the Title III Program, and ATSDR for further action. This area has been recommended to HSRC/S & SW a possible TOSC pilot site.

Completed Milestones

1/95 Pilot site selected.
6/95 CAG members selected.
10/95 First CAG meeting held.

Contacts

Cynthia Perifoy (404) 237-7791 (Charleston)
Carlean Wakefield (404) 562-8915 (Escambia)

Region 5

Region 5 will work with the communities to establish two Community Advisory Group (CAG) EJ pilot sites.

Completed Milestones

1/95 Developed criteria for community working group pilots
3/95 Identified two pilots for CAG
6/95 Selected pilot sites (these two sites were later candidates for delisting)
4/96 Public Affairs, Community Relations Section, and SFD are actively soliciting for CAG nominations.

Contact

Cheryl Allen (312) 353-6195

Action Item

Establish site-specific Federal coordination groups for issues outside Superfund jurisdiction.

Office of Emergency and Remedial Response

In January 1995, OERR sent a memo to Regions requesting that the Regions establish interagency working groups for sites with problems beyond the scope of Superfund. Interagency working groups will help meet the needs of local communities in instances where these needs are beyond the mandate of the Superfund program. These community needs and concerns include interior lead contamination and environmental education. The effectiveness of these working groups will depend on the willingness of the agencies involved to cooperate and work toward meeting community needs. In September 1995, OERR sent a memo to the Regions recognizing sites with established Interagency Working Groups. EPA will closely monitor the development and implementation of the Interagency Working Groups to promote full participation and cooperation of other agencies in responding to community problems. In particular, OERR plans to work with other Federal, State, and local agencies on relocation issues in the May 1997.

Completed Milestones

1/95 Sent a memo to Regions requesting that the Regions establish interagency working groups for sites with problems beyond the scope of Superfund.
9/96 Met with Federal Interagency Working Group on Environmental Justice.

Contact

Yolanda Ting (703) 603-8835

Region 6

As part of the Superfund Remedial Investigation at the RSR Smelter Site in Dallas, Texas, Region 6 is working closely with the Dallas Housing Authority (DHA) and indirectly with HUD to address lead contamination in a Federally-funded housing project (Operable Unit 2). An in-home sampling project was completed in November, 1993, which included testing soil, indoor and outdoor paint, tap water, and interior dust for lead content. This information was used to "calibrate" the lead Uptake Biokinetic model, and the information will be incorporated into the remedy selection process at all Operable Units, including the DHA/HUD property.

After the in-home sampling project was completed, the Uptake Biokinetic model was calibrated for lead paint, lead in water, etc., with actual data (instead of default). This resulted in a recommended soil lead cleanup level in excess of 500 parts per million (ppm), thus verifying the 500 ppm level employed in the RSR removal action. The residential areas at this site (Operable Units 1 & 2) are complete, and these Operable Units have been proposed for deletion from the NPL (three Operable Units remain to be completed). This process will most likely become a model for other Superfund site cleanups with similar circumstances.

Completed Milestones

4/96 Completed soil removal and building demolition.

Contact

Carl Edlund (214) 665-8126

Action Item

Conduct a pilot proactive site assessment program.

Office of Emergency and Remedial Response

Three site assessment activities are under way to address environmental justice concerns: 1) A Tribal Site Discovery CA to identify previously undiscovered sites ($75,000 allocated). 2) A grant to a non-profit organization to develop materials/program for community organizations to become involved in site identification. 3) A Geographical Pilot initiative will select two areas where concerns have been raised by community groups to assess the impacts of sites collectively and individually and develop strategies for appropriate actions.

Completed Milestones

Site Discovery - Tribes

10/95 Awarded $53,000 under a cooperative agreement to the Seneca Nation to identify and assess hazardous waste site and industrial areas on reservation lands. Tribal staff have been trained for PA/SI work and will conduct several PAs.
10/95 Awarded $40,000 to the Navajo Nation for screening 50 - 100 "sheep dip" sites, including limited field analysis.

Geographical Pilots

9/94 Letter to Regions
11/94 Discussion at Site Assessment Section Chief's Meeting
10/95 Awarded $200,000 each to Regions 2 and 9 to conduct geographic pilots in Holyoke, MA. and at Verdese Carter Park in Oakland, CA.

The site assessment program, in conjunction with States, Tribes, and local communities, would identify undiscovered sites in areas with minority and low income populations that warrant EPA action.

Contact

Dave Evans, State, Tribal, and Site Identification Center (703) 603-8885
Murray Newton, Regions 1/9 Accelerated Response Center (703) 603-8795

Region 1

Coordinates are being corrected for Site Assessment sites in the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS). The correction of inaccurate site coordinates is approximately 90 percent complete. In November 1995, EPA received a diskette from the Connecticut Department of Environmental Protection containing location information for sites in Connecticut. Data were collected from geographic positioning system (GPS) units, contractor reports, and calculations using topographic maps. Data will be formatted, checked for quality assurance, and incorporated into EPA's CERCLIS database. In addition, inaccurate removal site coordinates will be corrected.

Completed Milestones

11/95 Correction of coordinates for CERCLIS Site Assessment sites 90 percent completed.

Contact

Sharon Hayes (617) 573-5709

Region 2

EPA entered into a data management cooperative agreement with the New Jersey Department of Environmental Protection in September 1994 (at a funding level of $190,000) for continued development of an integrated facility data layer using GPS and GIS. The system is to be used for multi-medial analysis and integrated permitting and enforcement, including the Multi-Media Aquifer Protection Project in Camden County, New Jersey. The Region is engaging in a large scale program of identifying possible pathways for transmission of contamination and attempting to identify all possible sources of groundwater and surface water contamination in the area. A number of individual actions were undertaken during FY95 in support of this project. The cooperative agreement continues the progress made under prior grants towards acquiring accurate locations for all New Jersey regulated facilities. These data will provide critical information for multi-media environmental analysis for EPA, the State and other agencies. A similar effort in Barceloneta, PR, is being initiated in FY96.

Due to budget cutbacks in FY95 the Region has been limited in its ability to contribute further funding to these efforts. Work continues on the previously funded efforts. The only new work starting in FY96 was funded in part by $60,000 contributed by Superfund to the effort in Barceloneta, PR.

Contact

Bob Messina, Chief, Information Systems Branch (212) 637-3336

Region 9

Region 9 conducted a pilot site assessment program in the community near Verdese Carter Park, East Oakland, California, a community with environmental justice concerns. The project has evaluated other CERCLIS sites within a four mile radius, completed an area database study of past and present facilities that are being regulated, and conducted historical aerial photography analysis to identify past industrial sites that were replaced by residential areas.

Completed Milestones

1/96 Conducted expanded site inspection.

Contacts

Mike Bellot (415) 744-2364
Angeles Herrera (415) 744-2183

Action Item

Examine whether priority setting methods adequately consider environmental justice concerns.

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Office of Emergency and Remedial Response

OERR held a conference call with the Regions to discuss screening priority criteria. Under this initiative, OERR will evaluate screening priority criteria contained in Site Assessment guidance documents, and compare the criteria to environmental justice health and environmental issues. Criteria will allow consideration of appropriate factors in those areas with high concentrations of minority and low-income populations. Among these factors are demographics (racial/cultural, income, education, age, non-English language) considerations, multiple exposures, and other pollution sources.

Completed Milestones

9/94 Preliminary view of prioritization criteria.
2/95 Held a conference call with Regions to discuss screening priority criteria.
9/95 Sent memorandum to Regions to establish means of incorporating environmental justice considerations in site screening.

Contact

Sharon Frey (703) 603-8817

Action Item

Develop supplemental risk assessment guidance in coordination with Agency-wide efforts to address environmental justice.

Office of Emergency and Remedial Response

OERR provided funding for a joint project between Region 9, Region 10, and Office of Research and Development/Environmental Criteria and Assessment Office (ORD/ECAO) (Cincinnati) to develop better estimates of fish consumption in Asian/Pacific populations and will continue to track the progress of this project to identify exposure/risk factors unique to minority and low-income populations. During Fiscal Year 1997, OERR plans to issue guidance on the use of new exposure and population sensitivity information in Superfund. The new guidance will provide risk assessment tools adequate to address all biologically sensitive individuals or populations that may be exposed to Superfund site threats. The guidance may also address risks posed by sources other than those at a Superfund site (e.g., permitted industrial emissions, lead paint), which will allow for an assessment of cumulative risk.

OERR also plans to collect data to find what EPA offices and Regions and other agencies have developed for exposure/risk factors for sensitive, minority, and low-income populations, develop a matrix for the data that identifies which offices are involved and the key work products to be completed, and conduct planning meetings to determine what guidance might need to be developed.

Completed Milestones

10/94 Provided funding for a joint project between Regions 9 and 10 and ORD/ECAO (Cincinnati) to develop better estimates of fish consumption in Asian/Pacific populations.
2/96 Formed OERR Risk Network for purposes of addressing risk assessment and risk management issues; incorporated environmental justice issues into Network's workplan.

Contact

Lisa Askari (703) 603-8799

Region 2

Risk measures are being developed for potential applicability to environmental justice studies at hazardous waste sites. The measures being explored are primarily for air and water exposure routes. A review of existing measures will be conducted encompassing comparative risk studies, Region 3's manual of risk measures, the California Comparative Risk study and other sources. Linkages to GIS data are also being explored. It is anticipated that some data in Region 2's GIS system will be used to generate risk measures.

This pilot effort was to use data from the Camden MMAP. An extension to that effort was granted to improve the accuracy of data collected on drinking water intake and well locations. Linkage to Headquarters work on air toxics and environmental justice has been added to the effort.

Contact

Rae Zimmerman, Ph.D. (212) 637-4309

Action Item

Coordinate indoor lead paint removal with other agencies.

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Office of Emergency and Remedial Response

Superfund will work with the Department of Housing and Urban Development (HUD), and EPA Regional On-Scene Coordinators (OSCs) and RPMs to develop a list of Superfund sites having low-income or minority housing that may be eligible for HUD Lead Abatement grants, and will provide information to OSCs and RPMs on how to apply for these grants. There are currently few regulatory options and mechanisms for funding indoor lead paint cleanup. This initiative may help address paint cleanup in housing near some Superfund sites. In October 1994, OERR initiated a survey of past Superfund and other Federal agency decisions regarding how indoor lead paint threats have been addressed, and the results were discussed with Superfund Branch Chiefs. In May 1995, OERR coordinated with HUD to define a list of Superfund sites where there is low-income or minority housing that may be eligible for HUD Lead Abatement grants.

Completed Milestones

5/94 Examined HUD options for support of Superfund work during rotational assignments at HUD.
10/94 Initiated a survey of past Superfund and other Federal agency decisions regarding how indoor lead paint threats have been addressed.
11/94 Discussed patterns, lead paint survey results, draft options with Superfund Branch Chiefs.
5/96 Notice of Funding Availability published in the Federal Register for Lead Abatement grants.
10/96 HUD awarded 17 lead abatement grants, 3 of which are for controlling lead-based paint hazards near Superfund sites.

Contact

Lisa Askari (703) 603-8799

Action Item

Assist Indian Tribes financially and technically to build response capacity.

Office of Emergency and Remedial Response

OERR's Superfund Tribal Involvement Program continues to work with Native Americans to involve Native Americans in the Superfund cleanup process more effectively. OERR completed a survey report on CERCLIS sites on or near Native American lands, and the Region will develop a Tribal Outreach and Implementation Plan based on the CERCLIS sites on Native American lands by Fall 1996. The plan may include outreach efforts such as a Superfund Tribal Conference, Funding Application Kits, and training modules. Superfund will continue to offer Tribal governments assistance with existing programs while evaluating how to meet identified training and information needs more effectively.

Contacts

Bruce Engelbert (703) 603-8711

Region 2

In September 1995 Region 2 approved $115,128 in site-specific management assistance funding for the St. Regis Mohawk Tribe. This funding will be used to continue to enable the Tribe to participate in and provide oversight of remedial activities associated with the General Motors - Central Foundry Division Site in Massena, New York. The management assistance grant work plan and budget will expire in December 1996. The Region will work with the Tribe to minimize any funding interruptions in the management assistance grant.

In February 1996, Region 2 approved $146,052 in CORE program funding for the St. Regis Mohawk Tribe. This funding will be used to continue building Tribal Superfund program capacity. The current CORE work plan and budget will expire in December 1996. EPA will work with the Tribe to minimize any funding interruptions in the CORE grant.

Completed Milestones

2/96 Approved CORE funding for St. Regis Mohawk Tribe.

Contact

Lisa Jackson (212) 637-4274

Region 4

Region 4 provides General Assistance Grants, administered through the Region's Office of Policy and Management's Federal Activities Branch, for the purpose of planning, developing, and establishing the capacity to implement programs administered by EPA. In the area of Superfund, the Region provides technical assistance in the identification and investigation of hazardous waste on Tribal lands. Where capacity to implement a site discovery/site assessment program exists or is built, the Region provides funding through cooperative agreements so that the Tribal governments may implement their own site discovery and site assessment programs.

There are six Federally recognized Indian Tribes in Region 4. Two sites were identified on Tribal lands in Region 4 which required assessment. Technical assistance for those sites was provided by a Region 4 SAM. A PA/SI was conducted at the sites. The Superfund site assessment was performed by the Regional office through contractor support. The Regional staff worked with the State of Alabama at the second site to remove a contaminated pile from the site. No site assessment cooperative agreements currently exist with any Tribe in Region 4, but the Region will provide cooperative agreements with interested Tribes, once capacity to implement a site assessment program is established through general technical assistance provided by Regional staff, training, and the General Assistance Grants.

Completed Milestones

11/94 Completed PAs at two identified CERCLA sites.
1/95 Informed Tribes of Superfund process.
8/95 Performed site inspection at one site.

Contact

Dorothy Rayfield (404) 562-8954

Region 6

Region 6 is directly responsible for creation and implementation of the nation's first Tribal environmental consortia, thus establishing EPA as the first Federal agency to implement the President's Executive Order No. 13007 concerning Indian Policy. Region 6 boundaries encompass some 68 Federally-recognized sovereign Tribal governments, comprising the nation's largest Native American population and 40 percent of the nation's Tribal lands and jurisdictional service areas. Region 6 developed and funded Tribally led Superfund programs for several Indian nations, including the four Navajo Nation reservations, the Cherokee Nation of Oklahoma, the 19-member-Tribe All Indian Pueblo Council (APIC) and the 32-member-Tribe Inter-Tribal Environmental Council of Oklahoma (ITEC). In all, 55 Region 6 Tribal governments now interact directly with the Regional Office in the Superfund decision-making process.
Through ITEC's Superfund Multi-site Cooperative Agreement, the Seminole Nation of Oklahoma is being provided the expertise and skills of ITEC's Office of Environmental Services to investigate and resolve potential hazardous waste sites on Seminole Nation Tribal lands. A separate Cherokee Nation Multi-media Grant has been utilized in part for a multi-Tribal site discovery program, which resulted in identification of three potential sites on Seminole lands. Preliminary Assessments (PAs) on these sites will be performed upon completion of the ITEC Cooperative Agreement, which is currently being finalized.

Completed Milestones

9/95 Funded all Indian Superfund Program Cooperative Agreements for FY95.

Contact

Mark Satterwhite (214) 665-8505

Action Item

Establish a pilot program to train minority and/or low-income workers in the hazardous waste cleanup field.

Office of Emergency and Remedial Response

The opportunity to participate in the economic benefits of a Superfund cleanup is often not available to low-income or minority residents who live close to Superfund sites. This pilot program, called STEP-UP, is designed as a partnership between EPA, HUD, the Department of Health and Human Services (HHS), other Federal agencies, and the local community to provide training to minorities and low-income residents in the hazardous waste cleanup field. In 1996, OERR conducted a 40-hour Health and Safety training course for selected workers. By FY98, OERR hopes to complete worker training at the pilot site(s). The goal of the initiative is to train apprentices for future employment in the hazardous waste cleanup field. Contractors will employ apprentices who will work under the supervision of a union journeyman. Upon completion of the training, an apprentice may be able to find employment opportunities in the hazardous waste cleanup field.

Completed Milestones

8/94 Held a preliminary meeting with HUD and HHS to discuss initiating minority worker training program.
2/95 Met with HUD and HHS to determine services they could provide; developed MOU.
10/95 Signed MOU between EPA and HUD.
12/95 Established STEP UP workgroup to resolve contractual and programmatic issues.

Contact

Yolanda Ting (703) 603-8835
David Ouderkirk (703) 603-9039

Action Item

Incorporate community involvement during site assessments to reduce potential environmental inequities.

Region 3

Prior to January 22, 1996, the regional Site Assessment Managers included the GIS maps depicting minority and poverty distribution in SACM/RDT meetings. Since August 30, 1995, the SACM/RDT committee has sought to identify environmental justice implications at 17 pre-remedial NPL caliber sites by means of the GIS maps and the SACM criteria forms that add specific data regarding significant minority and poverty populations in efforts to identify environmental justice populations. The SACM/RDT has identified 2 environmental justice population sites surrounding the presently evaluated NPL caliber sites.

Current changes in the SACM process include the RDT's two streamlining and empowerment decisions. First, the RDT decided to disband the SACM screening committee. Secondly, the RDT decided that the Regional Site Assessment Managers (instead of a SACM screening committee) should evaluate, identify, and recommend the pre-remedial NPL caliber sites with environmental justice implications that should be reviewed by the RDT committee.

Contact

James Hargett (215) 566-3305

Action Item

Establish a mechanism for including environmental justice concerns in Superfund relocation decisions.


Office of Emergency and Remedial Response

OERR participated in the Relocation Roundtable, which is a co-sponsored meeting by EPA and the National Environmental Justice Advisory Council (NEJAC). The purpose of the Relocation Roundtable was to obtain input from community members and other stakeholders on criteria EPA should consider in determining whether or not to conduct a relocation at a Superfund site. Based on recommendations made during the Relocation Roundtable, EPA plans to incorporate community concerns in any guidance developed on relocation. The roundtable meeting was extremely informative and the community's input will be helpful in developing guidance on when and how to do relocations under the Superfund program. In addition, EPA will continue to listen to community concerns about relocation issues, including environmental justice concerns. During 1996, the Roundtable developed a final meeting report and a videotape providing a summary of the meeting.

Completed Milestones

9/95 Formed Relocation Roundtable Planning Committee involving EPA, NEJAC, and relocation experts. This group met weekly to plan and organize the Roundtable meeting.
5/96 Held Relocation Roundtable in Pensacola, FL on May 2 - 4, 1996.

Contact

Yolanda Ting (703) 603-8835

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