1

MEMORANDUM
To : Phosphoric Acid Manufacturing and Phosphate Fertilizer Production RTR and

Standards of Performance for Phosphate Processing Docket
From : Tina Ndoh
, US EPA
Date: May 15, 2012 Subject: Environmental Justice Review: Phosphate Fertilizer Production and Phosphoric

Acid Manufacturing and Standards of Performance for Phosphate Processing

1.0 INTRODUCTION Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or
environmenta l effects of their programs, policies, and activities on minority populations and low income populations in the United States. EPA defines “Environmental Justice” to include meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and polices. Furt her stakeholder and public input is expected through public comment and follow

- up meetings with
interested stakeholders.

2.0 DEMOGRAPHICS
EPA has determined that this proposed rule will not have disproportionately high and
adverse human health or environmental effects on minority, low income, indigenous populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on an y population, including any minority, low income, or indigenous populations. These proposed standards may improve public health and welfare, now and in the future, by reducing HAP emissions that may contribute to adverse environmental and human health2

imp acts. The reductions in HAP emissions associated with the rule are expected to benefit all populations living near the sources affected by this rule. Additionally, the Agency has reviewed this rule to determine if there is an overrepresentation of minorit y, low income, or indigenous populations near the sources such that they may currently face disproportionate risks from pollutants that could be mitigated by this rulemaking. A 3 mile buffer was created around each facility, and populations within the
buff ered zone were counted. This analysis only gives some indication of the prevalence of sub

populations that may be exposed to HAP pollution from the sources affected by this rulemaking ; it does not identify the demographic characteristics of the most highly affected individuals or communities, nor does it quantify the level of risk faced by those individuals or communities.

Table 2.1 Summary of Demographic Data Analysis3

The demographic data in Table 2.1 shows that several demographic categories exceed 20 percent of their corresponding national averages:

o African American = +16 percentage points or +131%

o Minority = +10 percentage points or +37% (this increase reflects the increase in the African American population within 3 miles of phosphate facil ities)

The analysis of demographic data used proximity

- to

- a

- source as a surrogate for exposure to identify those populations considered to be living near affected sources, such that they have notable exposures to emissions from these sources. The demograp hic data for this analysis were extracted from the 2010 census data, which were provided to the EPA by the United States Census Bureau. Distributions by race are based on demographic information at the census block level, and all other demographic groups a re based on the extrapolation of census block group
level data to the census block level. The socio

- demographic parameters used in the analysis included the following categories: Racial (White, African American, Native American, Other or Multiracial, and A ll Other Races); Ethnicity (Hispanic); and Other (Number of people below the poverty line, Number of people with ages between 0 and 18, Number of people greater than or equal to 65, Number of people over age 25 without a high school diploma).
In determini ng the aggregate demographic makeup of the communities near affected sources, the EPA focused on those census blocks within 3 miles of affected sources and determined the demographic composition (e.g., race, income, etc.) of these census blocks and

compare d them to the corresponding compositions nationally. The radius of 3 miles (or approximately 5 km) is consistent with other demographic analyses focused on areas around potential sources 1 2 3 4 however, not necessarily associated with the distance health risk s are seen. To the extent that any minority, low income, or indigenous subpopulation is disproportionately impacted by the emissions as a result of the proximity of their homes to these sources, that subpopulation also stands to see increased environmenta l and health benefit from the emission reductions called for by this rule.

1 U.S. GAO (Government Accountability Office). Demographics of People Living Near Waste Facilities. Washington DC: Government Printing Office; 1995. 2 Mohai P, Saha R. “Reassessing Racial and Socio

- economic Disparities in Environmental Justice Research”. De mography. 2006;43(2): 383

– 399. 3 Mennis J. “Using Geographic Information Systems to Create and Analyze Statistical Surfaces of Populations and Risk for Environmental Justice Analysis”. Social Science Quarterly, 2002;83(1):281

- 297. 4 Bullard RD, Mohai P, Wright B, Saha R, et al. Toxic Waste and Race at Twenty 1987

- 2007. United Church of Christ. March, 2007.