### MEMORANDUM
To : Portland Cement NESHAP Docket
From : Keith Barnett, US EPA
Date: July 28, 2010 Subject: Review of Environmental Justice Imp acts for National Emission Standards for Hazardous Air Pollutants (NESHAP): Portland Cement

1.0 INTRODUCTION Executive Order 12898 (59 FR 7629, Februa ry 16, 1994) establishes Federal executive policy on environmental justice (EJ). 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 approp riate, disproportionate ly high and adverse
human health or environmental effects of thei r programs, policies, and activities on minority populations and low-income populat ions in the United States.
EPA defines “Environmental Justice” to incl ude meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmenta l laws, regulations, and polices. To promote meaningful involvement, EPA has developed a communication and outreac h strategy to ensure
that interested communities have access to this proposed rule, are aware of its content, and have an opportunity to comment during the comment period. During the comment period, EPA will publicize the rulemaking via EJ news letters, Tribal newsletters, EJ listservs, and the internet, including the Office of Policy, Economics, and Innova tion’s (OPEI) Rulemaking Gateway website ( http://yosemite.epa.gov/opei/RuleGate.nsf/ ). EPA will also provide general rulemaking fact sheets (e.g., why is this important for my community) for EJ community groups and conduct
conference calls with interested communities. In addition, state and federal permitting requirements will provide state and local governme nts and members of affected communities the opportunity to provide comments on the permit c onditions associated with permitting the sources affected by this rulemaking.

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### 2.0 DEMOGRAPHICS
EPA has determined that this proposed rule will not have disproportionately high and
adverse human health or environmental effects on minority or low-income populations because it
increases the level of environm ental protection for all affected populations without having any disproportionately high and adve rse human health or environm ental effects on any population, including any minority or low-income populations . Additionally, the Agency has reviewed this proposed rule to determine if there were ex isting disproportionately high and adverse human health or environmental effects on minority or lo w-income populations that could be mitigated by this rulemaking. An analysis of demographi c data, as shown in Table 2.1, shows that the average of populations in close proximity to the sources, and thus most likely to be effected by the sources, were similar in demographic composition to national averages.

Table 2.1 Summary of Demographic Data Analysis

Categories Miles Radius Total Population Minority Population Average of Percent Minority Population Living Below Poverty Level Average of Percent Population Below Poverty

Level Population <18 Years Old Average of Percent Children <18 Years Old National - All categories 285,193,760 90,671,626 32 35,716,283 13 73,221,413 26

Cement 0.5 

### 4885115 1823423 37 681780 14 1251873 26
Cement 3 

### 2414162 867823 36 355457 15 625917 26
Cement 5 

### 369190 79803 22 39804 11 93076 25



### In determining the aggregate demographic makeup of the communities near affected sources, EPA used census data at the block gr oup level to identify demographics of the populations considered to be livi ng near affected sources, such th at they have notable exposures
to current emissions from these sources. In th is approach, EPA reviewed the distributions of different socio-demographic groups in the locations of the exp ected emission reductions from
this rule. The review identified those census bloc k groups within a circular distance of a half, 3,
and 5 miles of affected sources and dete rmined the demographic and socio-economic composition (race, income, age) of these census block groups. The radius of 3 miles (or approximately 5 kilometers) has been used in other demographic analyses focused on areas

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### 3 around potential sources. 1 , 2 , 3 , 4 

### Minority populations include American Indians, AfricanAmericans, Hispanics, Other and Multi-racial as indicated in census data. EPA’s demographic analysis has shown that these areas in aggr egate have similar percentages of minority proportions, and similar percentages of families with incomes below the poverty level as the national average.

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.