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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 

environmental 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. Further 

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 any 

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 health 
2

impacts. 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 minority, 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 

buffered zone were counted. This analysis only gives some indication of the prevalence of subpopulations 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 Analysis

DEMOGRAPHIC 

SUMMARY1

NEAR 

SOURCE 

TOTAL

% OF 

NEAR 

SOURCE 

TOTAL

NATIONAL 

TOTAL

% OF 

NATIONAL 

TOTAL

POPULATION 96,837 312,861,256

WHITE 60,102 62% 226,405,205 72%

AFRICAN 

AMERICAN

28,195 29% 39,475,216 13%

NATIVE 

AMERICAN

659 1% 3,646,995 1%

OTHER OR 

MULTIRACIAL

7,881 8% 43,333,840 14%

MINORITY2 36,735 38% 86,456,051 28%

HISPANIC OR 

LATINO3

12,031 12% 54,181,245 17%

AGE 0 - 4 7,436 8% 20,465,068 7%

AGE 0 - 17 25,529 26% 75,217,176 24%

AGE 65+ 10,395 11% 40,830,262 13%

NO HIGH 

SCHOOL 

DIPLOMA

9,564 10% 32,060,510 10%

BELOW 

POVERTY LINE

13,976 14% 43,616,850 14%

>= 1.2 times National Average

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA.

1. Racial and ethnic categories overlap and cannot be summed.

2. The “Minorities” population is the overall population (in the first column) minus white population (in the second column).

3. The Census Bureau defines “Hispanic or Latino” as an ethnicity rather than as a racial category, Hispanics or Latinos may belong to any race.
3

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 facilities)

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 demographic 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 are 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 All 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 determining 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 

compared 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 sources1234however, not necessarily associated with the distance health risks 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 environmental 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”. 

Demography. 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.