OSWER Environmental Justice Action Agenda

CHAPTER 1
INTRODUCTION AND BACKGROUND ON OSWER ENVIRONMENTAL JUSTICE ACTION AGENDA

A. INTRODUCTION

Over the last decade, attention to the impact of environmental pollution on particular segments of our society has been steadily growing. Community-based groups and other organizations, such as academic and governmental agencies, have raised the issue that minority populations and/or low-income populations bear disproportionately high and adverse human health and environmental effects from pollution. This concern has resulted in a movement to assure environmental justice for all segments of our society.

Several studies, conducted by a variety of organizations (e.g., National Law Journal, United Church of Christ), have concluded that certain communities are at special risk from environmental threats. These studies maintain that the implementation of key environmental laws have not historically provided protection to all citizens and that certain populations are more vulnerable than others to health threats from environmental pollution. Additionally, these studies suggest that vulnerabilities may stem from multiple exposure situations exacerbated by other socio-economic factors, such as poor health care and lack of adequate nutrition. In a 1992 U.S. Environmental Protection Agency (EPA) report, "Environmental Equity: Reducing Risk in all Communities," an EPA workgroup found that, although large gaps in data exist, enough is known with sufficient certainty for EPA to take action.

Whether based on studies or personal experiences, many individuals and groups have concluded that the government must take these issues into account in its decision-making processes, research and data collection. The environmental justice movement has contributed much to our current understanding of the fear of and suffering from environmental pollution by the individuals and families living in low-income communities and minority communities.

B. HISTORY LEADING TO THIS ACTION AGENDA

Executive Order 12898 on Environmental Justice

On February 11, 1994, President Clinton issued Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," (Executive Order) which focused the attention of Federal agencies on the environmental and human health conditions of minority and low-income communities. The Executive Order directed Federal agencies to develop environmental justice strategies by February 11, 1995 (deadline amended to April 11, 1995), that identify and address disproportionately high exposure and adverse human health or environmental effects of their programs, policies and activities on minority populations and low-income populations. All agency strategies must consider enforcement of statutes in areas with minority populations and low-income populations, greater public participation, improvement of research and identification of differential patterns of subsistence use of natural resources. The Executive Order also requires that agencies conduct activities that substantially effect human health or the environment in a nondiscriminatory manner. In addition, better data collection and research is required by the Executive Order and it declares that whenever practicable and appropriate, future human health research must look at diverse segments of population and must identify multiple and cumulative exposures. The Executive Order applies equally to Native American programs.

Interagency Action Items

Early in her tenure as the EPA's Administrator, Carol Browner designated the pursuit of environmental justice as one of the Agency's top priorities. To follow-up on this commitment, Administrator Browner has taken a leadership role in helping Federal agencies implement the Executive Order and chairs the Interagency Working Group established under the Executive Order. The group's responsibilities include: identifying disproportionately high and adverse health and environmental effects on minority populations and low-income populations; ensuring consistency of Federal implementation of the Executive Order; assisting in research and coordination of research efforts; coordinating data collection; and developing interagency model projects. EPA staff, including representatives from the Office of Solid Waste and Emergency Response (OSWER), serve on several of the Interagency Working Group's task forces. OSWER staff also work directly with the staff of many other Federal agencies to develop interagency solutions to many environmental justice issues that require additional legal authorities than those of EPA.

EPA's Environmental Justice Strategy

EPA released "Environmental Justice Strategy: Executive Order 12898" in May 1995. The strategy describes environmental justice efforts in six cross-cutting mission areas including: health and environmental research; data collection, analysis and stakeholder access to information; enforcement and compliance assurance; partnerships, outreach, and communication with stakeholders; Native American, indigenous, and Tribal programs; and integration of environmental justice into all agency activities.

In EPA's strategy, the Administrator calls on each EPA office and Region to develop a strategy or action plan to address environmental justice concerns. OSWER was the first program office to develop an environmental justice strategy, which was done simultaneously with the Agency-wide effort. OSWER worked to coordinate its efforts with the parallel activities of the overall Agency efforts and, as a result, OSWER's Action Agenda supplements and enhances the Agency's strategy.

Formation of OSWER Environmental Justice Task Force

On November 29, 1993, the Assistant Administrator of OSWER, Elliott P. Laws, directed the formation of a task force to analyze environmental justice issues specific to waste programs and to develop recommendations to address these issues. The OSWER Environmental Justice Task Force (Task Force) was composed of more than 60 people and included representatives from each OSWER program area (i.e., Resource Conservation and Recovery Act, Superfund, Chemical Emergency Preparedness and Prevention, Federal Facilities, Technology Innovation, Oil Pollution, and Underground Storage Tanks), EPA Regional offices, and other EPA offices with an interest in waste programs and environmental justice.

Three other Federal agencies, the Department of Justice (DOJ), the Agency for Toxic Substances and Disease Registry (ATSDR), and the National Institute for Environmental Health Sciences (NIEHS) participated on the Task Force. In addition, representatives from two professional associations of EPA employees with site cleanup responsibilities, the National On-Scene Coordinators Association (NOSCA) and the National Association of Regional Program Managers (NARPM) participated. Meetings were conducted on a regular basis to identify and analyze the major OSWER environmental justice issues and to discuss the Task Force's recommendations.

OSWER Environmental Justice Task Force Outreach and Draft Final Report

The Task Force conducted a series of outreach meetings with entities inside and outside the Agency to gain comment from a broad spectrum of affected groups coping with environmental justice issues. Responses were received from 17 stakeholders with suggestions for the Task Force to consider. In addition, meetings were held, on March 15,1994, with stakeholder groups to explore their comments. The Task Force also met with Congressional staff, State, Tribal and local government representatives, environmental and community group representatives, and labor and industry groups to get their comments on proposed issues and recommendations.

Furthermore, Task Force members traveled to four EPA Regions (3, 4, 6, and 9) to gain insight on Regional experience and activities regarding environmental justice. In addition, the Task Force Chairman met with each Office Director of individual OSWER programs to gain their input. The Task Force determined that environmental justice stakeholders included: community organizations, nonprofit organizations, environmental groups, business, industry, academia, Federal, State and Tribal governments and labor.

These efforts led to the publishing of the "OSWER Environmental Justice Task Force Draft Final Report" (OSWER 9200.3-16 Draft) (Task Force Report) and its separate executive summary document (OSWER 9200.3-16-1 Draft) on April 25, 1994. The Task Force reports were published in draft final form and distributed for comment. This was done because EPA wanted to provide the National Environmental Justice Advisory Council (NEJAC), which had not been in existence long enough to provide its comments. The NEJAC was formed, by EPA, under the authority of the Federal Advisory Committee Act (FACA), to provide advise and information on environmental justice policies and issues.

A press conference was held on April 28, 1994, and a stakeholders meeting was held April 29, 1994, focusing on OSWER's key areas of environmental justice activity during 1994 and 1995. Since that time over 1700 copies of both the full draft final report and its executive summary have been distributed. Numerous presentations, briefings and speeches have been made by senior OSWER managers to stakeholder organizations and the public has demonstrated a significant interest in the draft final report.

Implementation Process

In April 1994, Elliott P. Laws, OSWER Assistant Administrator, requested that the EPA Regional offices and the OSWER program offices begin work on implementing the recommendations outlined in the Task Force report. This request also asked the Regions to involve the States, Tribes and other stakeholders in the development of their environmental justice implementation plans. These implementation plans are now considered "living documents" which are updated and improved as new challenges and opportunities in environmental justice arise. A full description of the implementation process is included in Chapter Four of this Action Agenda. A summary of key action items contained in those implementation plans can be viewed in Appendix A of this report. A full report on implementation progress and accomplishments, entitled "Waste Programs Environmental Justice Accomplishments Report", is being released concurrently with this Action Agenda.

OSWER Action Agenda (Action Agenda)

This Action Agenda reflects the incorporation of NEJAC comments and describes an ongoing process of addressing environmental justice. It should be viewed as a "living document" which builds upon the two previously published documents. This Action Agenda provides a concise summary of OSWER's current strategy and describes an implementation process for ensuring that major issues, identified by the NEJAC and others, continue to be recognized and addressed. The "NEJAC Ten Point Endorsement of OSWER Action Agenda" document is contained in Appendix B.

C. GOALS FOR OSWER ENVIRONMENTAL JUSTICE

• "No segment of the population, regardless of race, color, national origin, or income, as a result of EPA's policies, programs, and activities, suffers disproportionately from adverse human health or environmental effects, and all people live in clean, healthy, and sustainable communities.

• Those who must live with environmental decisions -- community residents, State, Tribal and local governments, environmental groups, businesses -- must have every opportunity for public participation in the making of those decisions. An informed and involved community is a necessary and integral part of the process to protect the environment."

The OSWER Action Agenda supports the Agency-wide goals. OSWER's action items also coalesce around five of six environmental justice mission areas contained in Executive Order 12898 and EPA's Environmental Justice Strategy:

1. health and environmental research;
2. data collection, analysis, and stakeholder access to information;
3. partnerships, outreach and communication with stakeholders;
4. Native American, Indigenous and Tribal programs; and
5. Integrating of environmental justice into all Agency's activities.

The sixth environmental justice mission area of enforcement and compliance review is considered outside OSWER's authority, however, we worked closely with EPA's Office of Enforcement and Compliance Assurance (OECA) when these issues arise.

D. REPORT CONTENTS

This Action Agenda is supplemented by several appendices that aid the reader and that serve as reference material. As mentioned above, a summary of key action items contained in Headquarters and Regional environmental justice implementation plans can be viewed in Appendix A of this report. The "NEJAC Ten Point Endorsement of OSWER Action Agenda" document is contained in Appendix B. Appendix C contains the names and organizations of the current members of the NEJAC Subcommittee on Waste and Facility siting. This subcommittee will continue to work with OSWER on implementation of this Action Agenda. The OSWER Environmental Task Force members that worked on the Task Force Report, from December 1993 through April 1995, are contained in Appendix D. As OSWER began working on implementation plans, the OSWER Environmental Justice Steering Committee was formed and the current membership of that group is identified in Appendix E. Aiding in implementation of the environmental justice strategies, Appendix F lists EPA's and OSWER's Environmental Justice Coordinators who serve as a single point of contact on and coordination of environmental issues.

The choice of terms in this report deserves some explanation. The Action Agenda, like EPA's "Environmental Justice Strategy: Executive Order 12898", uses the term "minority" rather than "people of color" in order to be consistent with the Executive Order, but EPA is mindful and supportive of many communities' desire to use "people of color." The Action Agenda uses of the term indigenous to refer to all people within the boundaries and territories of the United States regardless of their affiliation with a federally- recognized Tribe. However, the Agency recognizes various terminology preferences among native people and will strive to respect and utilize appropriate language on a case-by-case basis in its interactions with native constituents.

CHAPTER 2
OSWER-WIDE ENVIRONMENTAL JUSTICE ISSUES AND ACTION ITEMS

The OSWER action items form a strategy for addressing the key environmental justice issues raised by the many studies and evaluations conducted over the last decade. The overall strategy makes a concerted effort to identify, in detail, explicit actions, both OSWER-wide and program- specific, which can be taken by Headquarters and the Regions to address environmental justice issues. The full description of these action items can be found in the original Task Force report and in the individual Headquarters and Regional implementation plans.

The issues and action items fall into two main divisions: those which cut across all OSWER waste programs and those which primarily are directed to a specific OSWER administered program. OSWER-wide issues/action items fall into the following categories: guidelines for environmental justice; Title VI of the Civil Rights Act; outreach, communication, and partnerships; economic redevelopment, jobs and worker training; health, cumulative risk, synergistic effects, and multiple pathways; geographic information systems and multiple facility indices; Federal interagency cooperation; international and border issues; contracts and grants; internal training, organization and program implementation; and Tribal and Native Alaskan villages issues. In response to comments received from the NEJAC, the health and cumulative risk area has been expanded and the new category, dealing with international and border issues, has been added.

The following sections briefly summarize the major action items for the OSWER-wide issues. The program-specific issues will be dealt with in more detail in Chapter Three of this Action Agenda.

A. GUIDELINES FOR ENVIRONMENTAL JUSTICE

B. TITLE VI OF THE CIVIL RIGHTS ACT

OSWER will work closely with OCR, the Office of General Counsel, Regional offices, and the Department of Justice to resolve Title VI complaints and conduct compliance reviews. An OSWER staff person has been temporarily reassigned to OCR to familiarize OCR staff with the Resource Conservation and Recovery Act (RCRA) permitting process.

OSWER will also explore other ways to ensure that recipients of EPA assistance comply with Title VI to minimize the need for communities to resort to filing complaints. Examples include: encouraging meaningful participation by all stakeholders at the earliest possible time, as described in OSWER's proposed rule entitled "RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures" (Federal Register, June 2, 1994); working with stakeholders to examine alternate sites for the facility; and using other dispute resolution techniques to address alleged discriminatory impacts of a proposed action.

C. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS

OSWER programs have several additional initiatives already under way. In many communities, Local Emergency Planning Committees (LEPCs) have detailed information about chemical hazards. OSWER is examining how to ensure that community environmental justice leaders have access to information from and are represented on LEPCs. In addition, OSWER continues to explore methods to expand public participation in waste programs. Our Superfund strategy includes the use of Community Advisory Groups (CAGS) at Superfund sites with 14 sites having been identified for possible CAG pilots. When finalized (expected in the fall of 1995), the RCRA Public Participation Rule will expand community input in the permitting process. This Public Participation Rule will also apply to State permit processes, where the RCRA program has been authorized for State administration. More effective community involvement is also being evaluated in the agency-wide permits improvement process. A more detailed discussion of these initiatives are presented in Chapter Three in the program-specific sections.

Communities have made it clear to EPA that they need proper training of community residents and other tools to fully and effectively participate in the OSWER program processes. OSWER has developed several pilots that respond to this request by providing communities with training and other empowerment tools. Some of these community training initiatives overlap with worker training initiatives (which are more fully described in the next section), such as NIEHS, Department of Energy (DOE), Department of Transportation (DOT), Department of Housing and Urban Development (HUD), Department of Health and Human Services (HHS), Department of Labor (DOL) and Department of Education (DOEd) training efforts. OSWER has also worked with HUD and the United States Department of Agriculture (USDA) community empowerment programs to provide additional tools to communities. OSWER has gone directly to community and non-profit organizations to provide tools and outreach.

Regions are to conduct public forum meetings for outreach on environmental justice issues. OSWER has endorsed a NEJAC recommendation to have Regional senior management periodically visit communities with environmental justice issues. Administrator Carol Browner has set an example for this recommendation by committing to visit 12 such communities over 12 months. OSWER and the Regions are also exploring the creation of business and industry, stakeholder and other types of public/private partnerships to address environmental justice concerns. Finally, OSWER program offices and the Regional offices are proactive in the use of the Agency's computer geographic information systems (GIS) to identify potential geographic areas of environmental justice concern (e.g., define potential patterns of inequity by understanding demographics around sites and facilities).

D. ECONOMIC REDEVELOPMENT, JOBS, AND WORKER TRAINING

EPA's Brownfields Economic Redevelopment Action Agenda

Redevelopment at abandoned or underused industrial and commercial properties -- or "brownfields" sites -- is frequently complicated by potential environmental contamination. On January 25, 1995, EPA Administrator Carol Browner announced the Brownfields Action Agenda to help facilitate the cleanup of contaminated properties and address the twin goals of economic development and environmental justice, especially in our urban centers.

Brownfields Pilots

As one aspect of the Brownfields Action Agenda, the Agency is funding 50 Brownfields Pilots across the country during 1995 and 1996 with up to $200,000 in seed money. States, political subdivisions thereof, and Indian Tribes (limitations imposed by statute through which the grants are authorized) will use these awards for site assessments; to direct special efforts toward removing regulatory barriers without sacrificing protectiveness; and to bring community groups, investors, lenders, developers and other affected parties together to cleanup and redevelop brownfields. The pilots will help build an enduring capacity at the state and local levels for encouraging cleanups and redevelopment.

NEJAC Public Dialogues on Brownfields

EPA has begun working closely the NEJAC on the Brownfields issue. In January 1995, the Deputy Assistant Administrator for Office of Solid Waste and Emergency Response (OSWER) solicited comments from the NEJAC Waste and Facility Siting Subcommittee on the Brownfields Action Agenda. In turn, the Subcommittee requested that OSWER co-sponsor public dialogues on "Urban Revitalization and Brownfields: Envisioning Healthy and Sustainable Communities" which will take place during 1995 in Boston, MA (June 5), Philadelphia, PA (June 7), Detroit, MI (June 9), San Francisco, CA (July 18), and Atlanta, GA (July 20). Through these dialogues the NEJAC will solicit input from the environmental justice community. EPA has committed that the dialogues will have a demonstrable role in shaping the Brownfields Action Agenda.

As the Brownfields Action Agenda moves forward, EPA expects to continually work with the representatives of communities and environmental justice organizations on the national and local level. OSWER will also work in coordination with other Federal agencies, including the Economic Development Administration of the U.S. Department of Commerce, and the pre-established HUD and USDA Empowerment Zones and Enterprise Communities (EZ/ECs).

Jobs and Worker Training

OSWER views the matter of employment and training as critical to the effective implementation of the environmental justice action agenda. OSWER recognizes that an effective jobs program must involve all segments of the community including residents, community organizations, owners, contractors, labor organizations, schools, community colleges and other training organizations.

OSWER has initiated a number of activities to assure that residents of communities have the opportunity to fully participate in these environmental restoration and economic development programs including assistance to local contractors and offering and employment programs for members of affected communities.

OSWER has targeted the Cuyahoga Community College (Tri-C) in Cleveland as a pilot for development of a curriculum to train students on environmental issues and prepare them for employment in hazardous materials cleanup activities. Tri-C is not only developing a two-year degree program to train local citizens for jobs in the environmental field, but is also designing training activities to encourage public school children to develop an interest in environmental careers. The Hazardous Materials and Research Institute (HMTRI), a consortium of community colleges, will increase the number of community colleges offering environmental work force training programs. This consortium will conduct national workshops for community colleges which are located in communities near 50 brownfield pilot sites. These colleges must also demonstrate a commitment to developing community outreach and environmental justice action items. The Rio Hondo Community College jobs-training pilot will build a partnership with a large state-of-the-art landfill. The pilot will provide job training opportunities in landfill management and a wide range of solid waste management technologies. Rio Hondo is predominantly a minority and low-income community. Special emphasis will be given to recruiting community members into the jobs-training pilot. OSWER is exploring additional options to expand these training efforts (e.g., working with labor unions and DOL, DOEd, HUD, and HHS.)

OSWER is working with NIEHS on pilots for training of hazardous waste workers to improve communications between workers and communities and to enhance safety and protection. In 1994, Congress appropriated $3 million for a minority worker training program. This program will test a range of strategies for the recruitment and training of young persons, who live near hazardous waste sites for work in the environmental field. The program was prescribed to include pre-employment training, including literacy and life skills, as well as environmental worker training, including hazardous waste, asbestos, lead abatement and health and safety training. This program is designed to lead to entry into apprenticeship programs and actual employment in environmental remediation work.

OSWER has initiated a dialogue with the contractor and labor communities to stress the importance of environmental justice concerns. OSWER is also working with State, Tribal and local governments to promote employment opportunities in communities. A fuller description of these efforts is contained in the Contracts and Grants section of this report. There are additional action items in this report that deal with economic redevelopment, jobs, and training. Other sections include Outreach, Communication and Partnerships, Contracts and Grants, and Federal Intergovernmental Cooperation.

E. HEALTH, CUMULATIVE RISK, SYNERGISTIC EFFECTS, AND MULTIPLE PATHWAYS

Some of EPA's Regional offices are also working on cumulative risk action items. For example, Region 3 has initiated the Chester City Risk Study and the South/Southwest Philadelphia Risk Study to develop scientifically valid standards to measure cumulative risk. This is an attempt at understanding multiple exposures and multiple pathways utilizing over 25 different sources of environmental data. The health risks added to an already stressed community will be reviewed for additive contribution. The final result of this pilot will not be a calculated single risk number, but rather a pictorial depiction of relative risk overlaid onto community maps utilizing a GIS. Risk "hot spots" will be calculated and neighborhoods needing priority mitigation consideration may be identified. The Region 3 air, water, and waste management programs can then respond in a more coordinated manner.

Medical Assistance Plan

In the summer of 1994, EPA requested assistance from the Public Health Service (PHS) to respond to health concerns of communities living near hazardous waste sites by improving delivery of existing medical services to communities with potential exposures to hazardous substances, and by building environmental health expertise in communities through physician training and placement. In response to this request, the Superfund Medical Assistance Work Group (SMAWG) was established and a plan was developed. The Medical Assistance Plan (MAP) consists of six elements, and is implemented in three phases. The utilization of these elements will vary according to a community's need for assistance and the availability of budget and personnel resources. The first phase will assess the health care needs and concerns of the community and evaluate the primary care capacities in that community. The second phase consists of five components including technical assistance to local agencies and health care providers; environmental health education for health care providers; medical testing for residents assessing any health effects possibly related to hazardous substance exposure; referral to specialty clinics or specialists; and medical follow-up of persons with documented exposures to hazardous substances or with adverse health conditions related to possible exposures. A third phase will include the evaluation of the effectiveness of the services. The U.S. Department of Health and Human Services (HHS) and EPA are working on the medical assistance pilots in three communities. In FY 1996, EPA and HHS will consider funding pilot efforts for five more sites.

F. GEOGRAPHIC INFORMATION SYSTEMS (GIS) AND MULTIPLE FACILITY INDICES

OSWER is also working with other EPA offices on issues related to the quality, availability and usefulness of these systems. Each of EPA's Regional offices are utilizing GIS and other information systems to better understand the environmental issues in their Regions. As discussed earlier, Region 3 used GIS to identify a community of potentially high risk to focus some of their environmental justice initiatives. Other Regions, such as Region 6, are using GIS to better understand the communities around Superfund sites.

In another effort to give the public increased access to geographic based information on pollutants, demographics, and facilities, OSWER, in a collaborative effort with the Department of Commerce (DOC) through their Bureau of the Census (Census) and the DOC National Oceanic and Atmospheric Administration (NOAA), has developed LandView IITM (LandView), a computer compact disk-read only memory (CD-ROM) publication of environmental, geographic, and demographic information. LandView integrates demographic and economic information, as well as information from several of EPA's program databases. The information contained in this system will assist local communities as they participate in decision-making processes.

G. FEDERAL INTERAGENCY COOPERATION

Several OSWER programs have extensive interaction with other Federal agencies, such as the Agency for Toxic Substances and Disease Registry (ATSDR) and the National Institute of Environmental Health Sciences (NIEHS). OSWER is a participant in the Federal Interagency Working Group and is coordinating its efforts with those of the larger group. Both ATSDR and NIEHS participated on the OSWER Task Force and in the development of this Action Agenda. OSWER has agreed to continue coordinating efforts on environmental justice activities with these agencies.

OSWER is also working with many other Federal agencies to develop potential environmental justice pilots or projects. To date, OSWER has held discussions with over twenty different offices within other Federal agencies. Specific action items include: continuing to participate in the minority health program of ATSDR (e.g., Mississippi Delta Project), working to improve communications between workers and communities to enhance safety and protection, and working together with other Federal agencies to address issues raised at specific sites or areas with environmental justice concerns, such as the Whole House Initiative, where EPA is working with HUD, DOE and other agencies to coordinate their respective program on a variety of risk-reduction and job-training efforts in low-income housing areas. There are also examples of interagency projects present throughout the Action Agenda, such as the Community Empowerment Programs mentioned above in the economic redevelopment section. The Regions, such as Region 6, have also initiated interagency cooperative efforts to solve issues that are beyond the legal authorities of EPA. Additional examples of federal interagency cooperative efforts follow. The U.S. Department of Health and Human Services (HHS) and EPA are working on the medical assistance pilots (MAPs) in communities. A fuller description of MAPs is contained in the Health, Cumulative Risk, Synergistic Effects, and Multiple Pathways section of this report. EPA is working with NIEHS to establish pilots for a $3 million minority worker training program aimed at young people living in areas targeted for cleanup. Since training hazardous material workers is an interagency activity, EPA will also coordinate with DOE and DOT training efforts. A fuller description of this program is contained in the Economic Redevelopment, Jobs and Training section of this report.

H. INTERNATIONAL AND BORDER ISSUES

Communities, located along the border between the U.S. and Mexico, are among the poorest in the U.S., with more than 20 percent of the border residents living below the poverty level (the comparable national average is twelve percent.) Many new action items have begun addressing issues affecting these communities. With the passage of NAFTA, a number of changes are expected in the movement and generation of hazardous wastes. To work on addressing these issues, NAFTA created the North American Commission on Environmental Cooperation. Also, OSWER and two Regions have members on a multi-nation and multi-agency subgroup, of this commission, working on these border issues.

OSWER programs are also addressing individual components of this problem. OSWER was involved in an aggressive site/facility identification process. A binational database, HAZTRACKS, has been developed that records "cradle to grave" shipment of imported and exported wastes between the U.S. and Mexico. Under the OSWER chemical emergency program, U.S. cities have entered into chemical accident response agreements with several Mexican cities. The cooperation established by these agreements could serve as the basis for environmental justice activities on the Mexican border.

OSWER staff has been working aggressively on the export/import issue. In 1994, EPA sent the Clinton Administration's principles for waste export and import legislation to Congress. If enacted, such legislation would enable the U.S. to ratify the 1989 "Basel Convention" (the first major international agreement on exports and imports of hazardous wastes, municipal wastes, and municipal incineration ash) and ban exports of covered wastes outside of North America, with exceptions in limited circumstances.

I. CONTRACTS AND GRANTS

OSWER is working with both State, Tribal and local governments, to promote the use of labor from the impacted communities and more contractor interaction with the community. For example, on December 3, 1994, EPA, in cooperation with the Louisiana Department of Environmental Quality and the City of New Orleans, sponsored a Community Economic Partnership seminar. The seminar promoted opportunities for local communities by providing practical tools needed for businesses to become eligible to participate in Federal contracting. These tools included workshops and panels with representatives from financial institutions, training centers, and labor unions. It also provided an excellent forum for participants to network directly with EPA prime contractors on subcontracting opportunities, as well as Federal, State, and local agencies who provided information on their contract opportunities.

The Agency is committed to further piloting these seminars. We are also hopeful that through our Mentor-Protege program, small and minority firms will develop the necessary expertise to compete successfully in future EPA contract opportunities. In addition to EPA's efforts to assist smaller firms, the DOC, through its Minority Business Agency, funds Minority Business Development Centers throughout the country which provide management and technical assistance to individuals and minority enterprises. Also, the Small Business Agency sponsors a number of programs to provide assistance to small firms. Its Small Business Institute Program gives small business owners an opportunity to receive intensive management counselling from qualified universities and from the Service Corps of Retired Executives.

In the longer term, OSWER will also explore the need for regulatory change in coordination with other Agency efforts to expand the ability to use contracts and grants to achieve environmental justice objectives. This report also refers to grants and contracts environmental justice action items in the sections dealing with Outreach, Communication and Partnerships, Economic Redevelopment, Jobs and Training, Federal Interagency Cooperation and the individual program areas.

J. INTERNAL TRAINING, ORGANIZATION, AND PROGRAM IMPLEMENTATION

OSWER has also established the OSWER Environmental Justice Implementation Steering Committee, which includes representatives from all program offices and the lead Regional offices. The Steering Committee's mission includes promoting an organizational culture which fosters environmental justice. One of the OSWER Deputy Assistant Administrators has been designated as the senior organizational focal point for environmental justice issues and activities, with support from environmental justice coordinators from the Assistant Administrator's staff and the Regions.

Another action item includes the development of hotline procedures for OSWER-specific environmental justice issues. OSWER's combined hotline for RCRA, UST (Underground Storage Tanks), Superfund and EPCRA (Emergency Planning and Community Right-to-Know Act) can be reached toll-free at (800) 424-9346 or (800) 424-4346 or locally to the Washington, DC Area at 703-412-9810. Telecommunications device for the deaf (TTD) access is available at (800) 553-7672. In addition, OSWER will work with the Regions to ensure that all employees working on waste programs are informed on environmental justice.

In addition, changes to implementation of the programs in the Regions were also considered. One key action item is that each Region look across their waste programs and select one additional project to pilot creative new ideas for addressing environmental justice concerns in a specific geographic area. Regions will nominate the most appropriate project within their Region.

K. TRIBES AND NATIVE ALASKAN VILLAGES

On Indian lands, management of solid waste is usually more of a concern than hazardous waste management. To address these issues, OSWER has increased financial and technical assistance to Tribal governments to assist them in developing comprehensive solid waste management plans or programs that provide a variety of options for waste management. Additionally, OSWER will very shortly publish regulations that will enable tribes to obtain solid waste permit program approval from EPA, similar to State permit programs. Solid waste landfill owners/operators in an "approved" Tribe are generally afforded greater flexibility in meeting the solid waste landfill criteria. To date, OSWER has tentatively approved two tribal permitting programs; a third is expected shortly.

OSWER has also increased tribal training opportunities and has encouraged and supported regional projects that join communities together in waste management. OSWER is also exploring the initiation of pilots with other Federal agencies to implement environmental program activities on Tribal lands and sponsored a second National Tribal Conference on Environmental Management. In addition, OSWER has initiated a pilot project to provide access to environmental information on the "IndianNet", an electronic communication network for Tribes and Alaskan native villages.

Currently, EPA has responsibility for implementing and enforcing the hazardous waste regulations in Indian country. However, for those Tribes that are interested in developing a hazardous waste program, the Agency will soon propose regulations which provide for authorization of Tribal hazardous waste programs, in a manner similar to the States. Once authorized, Tribes will assume authority over hazardous waste management in lieu of the Federal government. Under the proposed rule, Tribes will also be eligible for grant assistance to implement the hazardous waste program; such funding is currently available only to authorized States.

While OSWER did seek comment from Tribal and Native Alaskan village representatives on the OSWER strategy, OSWER believes it has not received sufficient comments. In coordination with the NEJAC, OSWER is conducting a special solicitation from all the Federally recognized Tribes and Native Alaskan villages. While this effort is underway, during the summer of 1995, this section will remain an open section.

CHAPTER 3
OSWER PROGRAM-SPECIFIC ENVIRONMENTAL JUSTICE ISSUES AND ACTION ITEMS

The issues and action items for the Resource Conservation and Recovery Act (RCRA) program focus primarily on siting, permitting, State programs and corrective action. Superfund issues and action items are primarily concerned with meaningful community involvement, site assessment, risk assessment/risk management, and Tribal and Native Alaskan village issues. The oil, preparedness, underground storage tank, technology innovation and Federal facilities programs all have critical outreach issues and action items, as well as more specific items.

A. RESOURCE CONSERVATION AND RECOVERY ACT

With regard to permitting activities, for FY 1996, Regions and States should continue their commitment to look for opportunities to address patterns of disproportionately high and adverse environmental effects and human health impacts on low-income and minority communities that may result from hazardous waste management activities. Regions and States should commit to conducting at least one environmental justice pilot project in an area that is targeted in FY 1996 for priority permitting activities. These pilot projects could involve various activities including: increasing public involvement by tailoring outreach activities to affected communities, factoring unique environmental justice considerations into public health surveys or assessments, evaluating demographics (e.g., examine population and income levels at various RCRA sites), and including specific permit conditions to address demographic concerns.

With regard to corrective action activities, several Regions have developed their own strategies to address environmental justice issues. OSWER encourages these efforts, and urges Regions and States to routinely consider environmental justice when implementing corrective actions as national guidance in this area is developed.

Environmental justice concerns will most typically come into play in establishing corrective action priorities for the facility. Although the numeric priority-setting process, known as the National Corrective Action Prioritization System (NCAPS), does not specifically address environmental justice concerns, there may be situations where a facility's NCAPS ranking is medium or low, but where environmental justice issues indicate the need to elevate the corrective action priority of the facility. In such cases, the facility should be given a high "overall" priority ranking to account for those environmental justice issues. Environmental justice may also be addressed through more intensive public outreach in implementing corrective actions at facilities.

OSWER is also looking to expand the role for public participation in the RCRA permitting process as administered by EPA and the States. On June 2, 1994, OSWER published a proposed rule entitled: "RCRA Expanded Public Participation and Revisions to Combustion Permitting Procedures," in order to increase the dialogue on the role of public involvement in the permitting process. OSWER is currently evaluating the extensive public comments received on the proposed rule, which is scheduled to be finalized in the fall of 1995. When finalized, this Public Participation Rule will apply to EPA permit processes and will also apply to State permit processes, where the RCRA program has been authorized for State administration. OSWER received additional input on public participation through a series of public forums held by the Agency's Permit Improvement Team, established to implement the relevant recommendations of the Agency's National Performance Review.

OSWER has also performed demographics research to examine populations and income around various combustion sites to examine possible disproportionate impacts. Although the preliminary results of the cement kiln or incinerator demographic studies do not suggest that any one type of population is significantly impacted on a national level, the data do indicate that there are select communities with high levels of minority residents or poverty -level residents surrounding combustion facilities that warrant further investigation. OSWER will continue analysis in these areas.

A major initiative in OSWER currently is the Waste Information Needs (WIN) project, through which OSWER, the Regions, and States are evaluating information currently reported and collected as part of the RCRA program and determining what are the RCRA data needs for the future. As part of the WIN initiative, OSWER will be looking to ensure that environmental justice issues are addressed. Specifically, OSWER is looking at mechanisms to improve public access to waste information in their communities.

For Tribes and Native Alaskan villages, the RCRA program is pursing many initiatives to improve the handling of waste programs on Indian lands. These initiatives are described in some detail in chapter three of this report in the section on Tribes and Native Alaskan Villages

B. SUPERFUND

• A requirement that standards be promulgated and procedures be developed for assessing risks from multiple sources;

• A requirement that multiple sources of risk be taken into account when determining cleanup priorities;

• A requirement that demonstration projects be conducted related to multiple sources of risk at designated facilities;

• A requirement that under certain circumstances, the provision of health benefits be considered for communities surrounding facilities that are the subject of demonstration projects; and

• A requirement that an offer be made to form Community Advisory Groups (CAGs) for factoring stakeholder input into specific site cleanup activities.

Although the legislation did not pass in 1994, EPA has proposed a series of Superfund Administrative Reforms that will, within existing law, address some of these provisions.

The Superfund program is focusing on several areas of concern. One of the most significant areas is that of community involvement and outreach. A major action item, which also resembles provisions of the Administration's proposal to amend Superfund, is the establishment of CAGs for selected sites with environmental justice concerns. Regions have preliminarily identified 14 sites for possible implementation of CAG pilots and will implement CAG activities at a minimum of ten sites by the end of FY 1995. The CAG pilots will encourage early community participation in the Superfund process with all affected stakeholders, including environmental justice communities. Groups will provide input on key issues such as future land use and proposed remedies. The OSWER's Office of Emergency and Remedial Response (OERR) has developed draft guidance describing the membership, functions, objectives and scope of authority for CAGs at Superfund sites. The draft guidance recommends several models for communities to choose from when they form a CAG. It encourages, to the extent possible, that membership in the CAG reflect the composition of the community near the site and the diversity of local interests. The draft CAG guidance also specifies that at least half of the members of the CAG should be local residents. The draft guidance has been sent to members of the NEJAC Subcommittee on Waste and Facility Siting for their review and comment.

In addition, Regions will work with other Federal agencies to establish, for sites with issues beyond the scope and jurisdiction of Superfund, interagency work groups to address such issues (e.g., employment, housing, health clinics). These work groups will provide a forum for communities to discuss issues which EPA, alone, cannot address.

To address concerns regarding early identification of sites in areas of environmental justice concern, OERR will work with the Regions to pilot proactive Superfund site assessments. Also in concert with Administration proposals to amend Superfund and the requirements of the Executive Order, OSWER will work with other EPA programs and with health agencies to examine current risk assessment approaches. After this effort is complete, OSWER will develop tools for site managers to use to factor in multiple exposures and unique risk scenarios in coordination with overall Agency efforts on risk assessment.

The last major set of action items concern the Superfund risk management process. OERR, in cooperation with the Regions, will evaluate the remedy selection process and the speed of cleanups to determine the effects on areas with minority populations and low-income populations. Population and demographic information will be used for early identification of potential areas of concern, before major environmental justice issues arise. In addition, OSWER will work with other Federal agencies to find a means to address problems associated with multiple sources of environmental risk, including lead contamination resulting from lead paint in buildings. Finally, with respect to Tribal and Native Alaskan village issues, OERR will continue efforts with Tribal entities to provide technical assistance and to build response capacity.

C. OIL POLLUTION ACT

D. UNDERGROUND STORAGE TANKS

E. CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION

F. TECHNOLOGY INNOVATION

Regarding development and use of innovative technologies, TIO will work with the Small Business Administration to promote the use of innovative technologies by small businesses. In addition, TIO has conducted an analysis of the demographics of a representative sample of the 263 Superfund National Priorities List sites, where innovative technologies have been used, to determine the trends of interest with regard to environmental justice.

G. FEDERAL FACILITIES

Public Outreach

Outreach is a major issue with regard to Federal facilities. The federal facilities program recognizes that to achieve the goal of environmental justice it is critical to involve minority and low-income populations in the environmental decision-making processes. The following action items have been undertaken to further the goal.

The Federal facilities program has a legally constituted FACA organization entitled the Federal Facilities Environmental Restoration Dialogue Committee (FFERDC). FFERDC was established by EPA to develop consensus policy recommendations aimed at improving the Federal facilities environmental restoration decision-making process to ensure that clean-up decisions reflect the priorities and concerns of all stakeholders. The FFERDC added five new environmental justice representatives to its membership in FY 95. EPA is working closely with this group to better incorporate environmental justice into Federal facility priority-setting and stakeholder involvement. FFERDC is also looking at potential recommendations for improving minority and small-business contracting at Federal facilities cleanups.

Many EPA Regions have trained the EPA Remedial Project Managers (RPMs) on environmental justice and have worked with Federal facility RPMs and Commanders of individual installations to increase awareness of environmental justice concerns at their sites. This information will enable the Federal agencies to better focus their public outreach efforts and to more equitably serve their surrounding community.

The Department of Energy (DOE) is establishing Site Specific Advisory Boards (SSABs) at all major DOE facilities that place an emphasis on stakeholder involvement in the cleanup decision making process. DOE issued interim guidance in November 1994. Final guidance is under review and joint signature by EPA and DOE is planned.

EPA and the Department of Defense (DOD) issued joint guidelines on Restoration Advisory Boards (RABs) on September 27, 1994. RABs, like SSABs, offer an opportunity for communities to provide input to the cleanup process and are to be established at all closing installations and at non-closing installations where the local community expresses interest. DOD and EPA offered RAB training sessions throughout the country. EPA is working with DOD in developing regulations for DOD funding of technical assistance to RABs based on our experience with the Superfund Technical Assistance Grant program.

The Defense Environmental Response Task Force (DERTF), a Congressionally mandated interagency task force charged with looking at the environmental issues associated with the closure of military bases, established an environmental justice working group. Recommendations from this working group regarding environmental justice at closing military bases were included in the DERTF annual report to Congress, issued January 1995.

Radiation Concerns

An important issue that community leaders and the Federal agencies are still exploring is radioactive Federal facility sites and the respective roles of DOE, EPA, and the State, Tribal and local governments. The Atomic Energy Act (AEA), passed during the days of the "Cold War" and heightened national security concerns, often restricts the type of oversight that can be provided by EPA, State, Tribal or local governments. Communities often feel that they do not have adequate local input over the radioactive sites as they impact local issues such as sewer systems. Some communities have requested that EPA provide more oversight of DOE at these sites. EPA currently has the authority to set radiation protection standards for DOE, however, DOE, not EPA has the authority to implement these standards.

EPA is examining the limited oversight authority it has through specific legislation such as the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, the Safe Drinking Water Act, Superfund, and other environmental legislation. Generally, the environmental statutes provide EPA with a limited patchwork of oversight authorities. For example, EPA's Office of Air and Radiation (OAR) is developing soil cleanup standards for radiation, under the AEA, that will apply to contaminated soils. However, the Clean Water Act currently does not regulate radionuclide releases from DOE facilities in National Pollutant Discharge Elimination System (NPDES) permits. Superfund emergency response criteria can be utilized, in certain circumstances, however, sources of radioactive releases in sewer systems can be hard to identify.

DOE has initiated a promising strategy in dealing with this issue. In February 1995, DOE established the Federal Advisory Committee on External Regulation of Department of Energy Nuclear Safety. The panel will recommend how existing and new DOE facilities and operations should best be overseen to protect the environment, to protect safety and health, to eliminate unnecessary oversight, and to reduce costs. Mary D. Nichols, the Assistant Administrator for Air and Radiation, is EPA's representative on this advisory committee.

In the interim, local communities do have the opportunity to impact the environmental decision-making process of DOE through participation in Site Specific Advisory Boards (SSABs) and other public participation activities. EPA is working with DOE to strengthen its efforts in involving impacted communities early on in the environmental decision-making process. For example, EPA and DOE plan to sign joint guidance on SSABs in the spring of 1995 and are working to establish SSABs at all major DOE facilities.

CHAPTER 4
OSWER ENVIRONMENTAL JUSTICE IMPLEMENTATION AND REPORTING

The process by which environmental justice goals and action items are implemented in OSWER programs will be a critical determinant of the long term and lasting success of these goals. Headquarters and Regional offices have already achieved major first steps towards making environmental justice a part of their every day way of doing business.

OSWER is committed to achieving a permanent environmental justice ethic in all its program activities. The following sections highlight major activities underway; describe the process for monitoring and evaluating them; describe the opportunities presented for further development of key issues and topics ("living document"); and highlight the importance of public participation in these efforts.

A. DEVELOPMENT OF HEADQUARTERS AND REGIONAL IMPLEMENTATION PLANS

In particular the implementation plans emphasize the following:

• Development of pilots in all Regions to begin implementing environmental justice activities;

• Senior-level accountability, coupled with an emphasis on training and heightening the awareness of all EPA staff;

• Identifying opportunities for influencing and leveraging other Federal agencies and State governments, through interagency projects, to achieve environmental justice goals that extend beyond OSWER's sole purview; and

• Identifying opportunities for early and ongoing public participation in policy development and implementation activities to ensure that community concerns are addressed.

The matrix that follows, provides a snapshot of the general action items included in the implementation plans submitted by the Regions and Headquarters program offices.

B. LIVING DOCUMENT

Examples of these major issues include: opportunities for greater public participation in decision-making (for example, the community advisory group pilots), economic redevelopment activities (for example, Brownfields pilots), and options for addressing public health needs at affected communities (for example, the interagency Medical Assistance Pilots). Another major issue, described in the Action Agenda, is being addressed by the OSW Siting Workgroup and involves the development of recommendations to address the siting of RCRA facilities. Further examples of these major issues are discussed in chapters two and three of this report.

C. PUBLIC FEEDBACK THROUGH THE NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL (NEJAC)

OSWER intends to continue seeking advice and comment from the NEJAC Waste and Facility Siting Subcommittee on policy development and implementation activities, focusing especially on the topic areas identified in the NEJAC's Ten Point Implementation Framework. The NEJAC has also been helpful in identifying additional sources for OSWER to contact for information such as experts on siting issues and public participation issues.

D. REPORTING AND ACCOUNTABILITY PROCEDURES

OSWER Environmental Justice Steering Committee

OSWER has established a Steering Committee to oversee progress towards environmental justice in waste-related programs, and to resolve major issues that occur during implementation of the Action Agenda. The Steering Committee is chaired by a high-level Agency official, the Deputy Assistant Administrator for OSWER, and is composed of senior managers and experienced staff from each of OSWER's program offices (see Appendix E). These include the OERR, the Office of Solid Waste (OSW), UST, CEPPO, TIO, the Federal Facilities Restoration and Reuse Office (FFRRO), and the two lead Regions who help coordinate Regional issues. The Steering Committee has been meeting every month since June, 1994.

Outreach and Special Projects Staff

OSWER has established a new Outreach and Special Projects Staff (OSPS) office, reporting directly to the Deputy Assistant Administrator of OSWER, to oversee and coordinate progress towards environmental justice goals. OSPS also manages the brownfields economic redevelopment grants and pilots, which incorporate environmental justice goals. OSPS manages other outreach projects to communities, including training programs through community colleges and coordination with State, Tribal and Native Alaskan village governments, to achieve environmental justice and economic redevelopment goals.

Waste Programs Environmental Justice Accomplishments Report

OSWER program offices and the Regional offices have made a major commitment and begun efforts to achieve environmental justice goals, as described in their implementation plans (see section A. above.) Their accomplishments will be reported periodically to OSPS in "accomplishments reports". The first report is being released concurrently with this Action Agenda.

E. KEY CONTACTS (ENVIRONMENTAL JUSTICE COORDINATORS)

F. ACCOMPLISHMENTS HIGHLIGHTS TO DATE

Highlights of OSWER-wide accomplishments include: developing an OSWER directive to all employees to incorporate environmental justice into policies, guidances and other decision-making activities; identifying opportunities for cooperative interagency efforts in job training and medical assistance through pilot activities; and an interagency effort to develop a user- friendly geographic information system that helps identify potential areas of environmental justice concern.

Program-specific accomplishment highlights include: an OSWER workgroup to address siting issues; beginning at least ten Community Advisory Group pilots; and improving technical assistance to Tribal governments in implementing specific waste management programs; Regional proactive waste site discovery efforts; Regional coordination and partnership efforts with other Federal, State, Tribal and local government bodies; Headquarters and Regional efforts to train and employ citizens, who live in the area of the cleanup, to participate in the cleanup project; and Regional use of state-of-the-art computer systems (e.g., GIS and Landview) to better understand the geographic and demographic aspects of the communities with whom they work.