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Interim Environmental Justice Policy 6.0 Environmental Justice and the EPA Superfund Program Guidelines

6.1 Identification of Potential Environmental Justice Superfund Sites

6.2 Exceptions

6.2.1  Disproportionate High and Adverse Burden
6.2.2  Emergency Response Measures

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6.0 Environmental Justice and the EPA Superfund Program Guidelines

6.1 Identification of Potential Environmental Justice Superfund Sites

Steps 1 through 6, as provided for in Section 2.2, should be done for all new National Priorities List (NPL) sites to determine whether the community affected by the NPL site is a minority or low-income community. The analysis should be completed during development of the site listing and incorporated into the Community Involvement Plan (CIP) for the site. The CIP outlines the Agency's plan to include the public through the development of a site clean-up plan.

Should the demographic analysis show that the new NPL site is located in an potential EJ community, then the CIP will be geared towards the needs of that community. Depending on the constituency and the particular needs of the affected community, traditional and, as appropriate, non-traditional community interaction techniques will be employed to engage the environmental justice community and ensure meaningful and early public involvement in the planning phase for the ultimate cleanup of the site. Routine community involvement techniques for the Superfund program include a CIP, fact sheets, community interviews, public meetings, public availability sessions, Technical Assistance Grants (See Appendix 2), responsiveness summaries and information repositories. Additional community involvement techniques might include translation of key documents into the appropriate language to serve the community, outreach to the community through local churches and enlisting the support of community leaders in order to reach the truly affected community. If the NPL site is on or near Indian or tribal lands, the Region 2 Indian Program Coordinator will be notified, as will the appropriate tribe.

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6.2 Exceptions

6.2.1 Disproportionate High and Adverse Burden.

Superfund law requires a site-specific risk assessment to determine whether there are any cancer risks or non-cancer health hazards associated with a site. Should such risks or hazards exist, the Superfund law requires cleanup of the site to levels which are protective of human health and the environment, which will serve to minimize any disproportionately high and adverse environmental burdens impacting the EJ community. An environmental burden analysis may, however, indicate the need for other EPA programs to take action, or may provide information to modify implementation of the selected remedy. In addition, there may be other remedies available in a community to address a disproportionately high and adverse environmental burden, such as working with other active facilities in the area, whether Superfund-related or not, to reduce the environmental load associated with these facilities. In any event, all EPA program offices will be made aware of the issues involved for use in future permitting and/or enforcement actions in the designated EJ community.

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6.2.2 Emergency Response Measures

Superfund emergency response and time critical removal actions normally provide a much shorter time for Agency action, therefore, case-by-case determinations will be made regarding the implementation of this policy. As appropriate, the analysis provided in Steps 1 through 3 will be performed to determine whether the site of concern involves a low income or minority community to ensure the Agency considers additional community techniques as described in Section 6.1 above.

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