U.S. ENVIRONMENTAL PROTECTION AGENCY 

OFFICE OF INSPECTOR GENERAL 

Catalyst for Improving the Environment 

Special Report 

Investigation of 

Allegations Concerning 

Environmental Justice Issues 

in EPA Region 4 

 Report No. 10-N-0145 

 June 14, 2010 
 

Abbreviations 

ADEM Alabama Department of Environmental Management 

EPA U.S. Environmental Protection Agency 

OIG Office of Inspector General 

TVA Tennessee Valley Authority 
 

 

U.S. Environmental Protection Agency 10-N-0145 

June 14, 2010 Office of Inspector General 

At a Glance 

Catalyst for Improving the Environment 

Why We Did This Review 

On October 27, 2009, 

16 allegations involving 

environmental justice issues 

were brought to the attention of 

the Acting Regional 

Administrator, U.S. 

Environmental Protection 

Agency (EPA) Region 4, 

Atlanta, Georgia, with a request 

that the Office of Inspector 

General (OIG) investigate these 

matters. 

Background 

EPA Administrator Lisa 

Jackson has made 

environmental justice one of 

her top seven priorities and has 

created an office to promote 

environmental justice for 

affected groups and 

communities throughout the 

United States. Environmental 

justice is the fair treatment and 

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 policies. 

For further information, 

contact our Office of 

Congressional, Public Affairs 

and Management at 

(202) 566-2391. 

To view the full report, 

click on the following link: 

www.epa.gov/oig/reports/2010/ 

20100614-10-N-0145.pdf 

Investigation of Allegations Concerning 

Environmental Justice Issues in EPA Region 4

 What We Found 

The OIG’s Office of Investigations undertook a detailed review of the allegations 

to determine whether the OIG had investigative jurisdiction in terms of EPA 

contracts, assistance agreements, programs, or personnel involvement. Using 

these criteria, we determined that five allegations merited further investigative 

review. Our further investigative review of the five allegations disclosed 

no evidence that EPA contracts, assistance agreements, or programs were 

involved, or that an EPA employee committed any actionable offense(s). In 

instances in which we determined that applicable violations were outside of the 

OIG’s jurisdiction, we made a professional referral to the appropriate 

investigative entity. In addition, some of the programmatic issues raised may 

merit further review and have been forwarded to the OIG’s Office of Program 

Evaluation. 

Executive Order 12898, Federal Actions To Address Environmental Justice in 

Minority Populations and Low-Income Populations, directs federal agencies to 

make achieving environmental justice part of its mission to the greatest extent 

practicable and permitted by law. The Executive Order states that it is intended 

only to improve the internal management of the executive branch and is not 

intended to, nor does it create any right, benefit, or trust responsibility, 

substantive or procedural, enforceable at law or equity by a party against the 

United States, its agencies, its officers, or any person. Consequently there are no 

enforcement provisions for environmental justice guidelines. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OFFICE OF 

INSPECTOR GENERAL 

June 14, 2010 

MEMORANDUM 

SUBJECT: Investigation of Allegations Concerning 

Environmental Justice Issues in EPA Region 4 

 Report No. 10-N-0145 

FROM: Bill A. Roderick 

 

 

 

 Acting Inspector General 

TO: A. Stanley Meiburg 

Acting Regional Administrator, Region 4 

This is a report on the subject investigation conducted by the Office of Inspector General (OIG) 

of the U.S. Environmental Protection Agency (EPA). This report represents the opinion of the 

OIG and does not represent the final EPA position. 

Because this report contains no recommendations, you are not required to respond to this report. 

We have no objections to the further release of this report to the public. This report will be 

available at http://www.epa.gov/oig. 

If you or your staff have any questions regarding this report, please contact me at (202) 566-0847 

or Associate Deputy Inspector General and Counsel Mark Bialek at (202) 566-0861. 
 10-N-0145 

Introduction 

EPA Administrator Lisa Jackson has made environmental justice one of her top seven priorities 

and has created an office to promote environmental justice for affected groups and communities 

throughout the United States. Environmental justice is the fair treatment and 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 policies. 

On October 27, 2009, 16 allegations involving environmental justice issues were brought to the 

attention of the Acting Regional Administrator, U.S. Environmental Protection Agency (EPA) 

Region 4, Atlanta, Georgia, with a request that the Office of Inspector General (OIG) investigate 

these matters. 

According to the Inspector General Act of 1978, as amended, the OIG has broad jurisdiction to 

conduct audits and investigations of EPA programs and operations. The OIG’s Office of 

Investigations undertook a detailed review of the allegations to determine whether the OIG had 

investigative jurisdiction in terms of EPA contracts, assistance agreements, programs, or 

personnel involvement. 

The OIG determined that five allegations merited further investigative review. We 

performed our investigative review from October 27, 2009, through April 27, 2010, focusing 

on allegations of environmental justice issues in EPA Region 4. Specifically, we interviewed 

the complainants, numerous witnesses, and appropriate government personnel. In addition, 

we reviewed pertinent correspondence and other documentation. 

Results of Review 

Our investigative review of the five allegations disclosed no evidence that EPA contracts, 

assistance agreements, or programs were involved, or that an EPA employee committed any 

actionable offense(s). In instances in which we determined that applicable violations were 

outside of the OIG’s jurisdiction, we made a professional referral to the appropriate investigative 

entity for action. In our opinion, adequately enforcing environmental justice guidelines and 

combating discrimination is difficult because pertinent federal criminal statutes and civil rights 

legislation in this area have not been fully developed. A summary of what we found on the five 

allegations reviewed follows. 

Coal Ash Disposal, Perry County, Alabama 

It was alleged that EPA Region 4 officials failed to properly execute their official duties by not 

appropriately considering the environmental justice concerns and potential health hazards 

associated with the disposal of coal ash in the Arrowhead landfill. 

The requirement and procedures for permitting solid waste disposal facilities are under the 

authority of an approved State government program – in this case, the Alabama Department of 

Environmental Management (ADEM). Accordingly, EPA was not involved in the process and 

does not retain separate authority for this program, negating any federal investigative jurisdiction. 

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ADEM granted the permit for the Tennessee Valley Authority (TVA) to dispose of coal ash in 

the Arrowhead landfill. TVA’s selection of the Arrowhead landfill for the disposal of coal ash 

met or exceeded all of the criteria established under the Administrative Order of Consent 

between EPA and TVA. Specifically, the Arrowhead landfill is constructed with a compacted 

clay composite liner, a polyethylene geomembrane liner, a leachate collection system, a 

protective cover, and a 100-foot buffer that surrounds the property. Landfill personnel conduct 

regular groundwater monitoring, and ADEM regularly inspects the landfill. 

Our evaluation of this allegation disclosed no wrongdoing by EPA employees, and we 

discovered no other viable criminal, civil, or administrative violations. Accordingly, this 

complaint was closed. 

Chemical Contamination, McIntosh, Alabama 

It was alleged that Olin Corporation violated environmental laws by misrepresenting the amount 

of hazardous waste (mercury) stored at its facility, as well as misrepresenting the amount being 

shipped offsite. In addition, it was alleged that Olin misrepresented the danger associated with 

piles of mercury-laden soil (brine wastes or well sands) on the Olin property and that Olin stated 

that the mercury is not leaching into and contaminating the soil and ground water. It was further 

alleged that EPA and ADEM are complicit in the misrepresentation. 

A full investigation was opened and the complainant provided a total of eight detailed allegations 

in this matter. Seven of these allegations dealt with specific soil sample analyses and test 

reports. Our investigation determined that these seven allegations were unfounded. The eighth 

allegation, regarding the ownership interest in certain property, is not within the OIG’s 

investigative jurisdiction. Accordingly, this investigation was closed. 

Chemical Contamination, Columbus, Mississippi 

It was alleged that the site of a faith-based institution in Columbus, Mississippi, had been 

contaminated by creosote from Kerr-McGee Corporation since August 1999. It was also alleged 

that false analytical data was submitted regarding the contamination at this site, and that an 

unknown substance was illegally disposed of near this site. 

After an evaluation of this complaint, we determined that the contaminated areas are undergoing 

remediation and that current engineering controls are designed to minimize the potential for 

human exposure to contamination. In addition, Kerr-McGee offered the faith-based institution a 

$4.5 million settlement. While we noted conflicting sampling results, we found that the alleged 

falsified data were never submitted to EPA, negating any OIG investigative jurisdiction. We 

referred the allegation of unauthorized disposal of an unknown substance to the EPA Criminal 

Investigation Division. No EPA employee or financial resource was involved, negating EPA OIG 

investigative jurisdiction in this part of the allegation. Accordingly, this complaint was closed. 

Landfill Contamination, Dickson, Tennessee 

It was alleged that EPA was mishandling an environmental justice issue by advising an African 

American family that its well water was safe to drink, while advising white families that their 

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wells were unsafe and were contaminated with trichloroethylene from the Dickson County 

landfill. 

An attorney for the complainant was concerned that any investigation into this matter might 

harm the complainant’s ongoing civil actions and therefore did not provide information to 

support the allegation. Accordingly, this complaint was closed. 

Ground Water Contamination, Tallevast, Florida 

It was alleged that chemicals leached into the ground water from the site of a former precisionweapons manufacturing facility, and that residents did not learn of the contamination from either 

the manufacturer or a governmental entity for approximately 3 years. 

In evaluating the complaint, we determined that the Florida Department of Environmental 

Protection would assume responsibility for the site. Accordingly, there is no OIG investigative 

jurisdiction because EPA is not involved at the site. We referred all information provided to us 

to the State of Florida OIG for investigation. Accordingly, this complaint was closed. 

Prior Reports Issued by OIG on Environmental Justice 

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority 

Populations and Low-Income Populations, was signed on February 11, 1994. The Executive 

Order directs all federal agencies to implement environmental justice into its programs as 

follows: “To the greatest extent practicable and permitted by law . . . each Federal agency shall 

make achieving environmental justice part of its mission by identifying and addressing, as 

appropriate, disproportionately high and adverse human health or environmental effects of its 

programs, policies, and activities on minority populations and low-income populations in the 

United States.” EPA OIG issued two prior reports on environmental justice: 

•	 EPA Needs to Conduct Environmental Justice Reviews of Its Programs, Policies, and 

Activities (Report No. 2006-P-00034, September 18, 2006, 

http://www.epa.gov/oig/reports/2006/20060918-2006-P-00034.pdf) 

•	 EPA Needs to Consistently Implement the Intent of the Executive Order on 

Environmental Justice (Report No. 2004-P-00007, March 1, 2004, 

http://www.epa.gov/oig/reports/2004/20040301-2004-P-00007.pdf). 

In the 2006 report, the OIG found that EPA senior management had not sufficiently directed 

program and regional offices to conduct environmental justice reviews in accordance with 

Executive Order 12898. OIG conducted a survey that showed the majority of respondents 

reported their programs or offices had not performed environmental justice reviews. The 

respondents expressed a need for further guidance to conduct reviews, including protocols, a 

framework, or additional directions. OIG concluded that until these program and regional 

offices performed environmental justice reviews, the Agency could not determine whether its 

programs cause disproportionately high and adverse human health or environmental effects on 

minority and low-income populations. 

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We made four recommendations to EPA to address these issues. We recommended that EPA: 

(1) require program and regional offices to determine where environmental justice reviews are 

needed and establish a plan to complete them; (2) ensure that environmental justice reviews 

determine whether EPA programs, policies, and activities may have a disproportionately high 

and adverse health or environmental impact on minority and low-income populations; (3) 

develop specific environmental justice review guidance that includes protocols, a framework, or 

directions; and (4) designate a responsible office to compile the results of environmental justice 

reviews and make recommendations to EPA senior leadership. EPA agreed with our 

recommendations and established milestones for completing those actions. In January 2008, 

EPA reported completing each corrective action in response to the recommendations. Corrective 

actions included the creation of guidance for conducting environmental justice reviews and the 

formation of a workgroup representing programs and regions to develop environmental justice 

action plans. 

In our 2004 review, we reported on how EPA was integrating environmental justice into its 

operations. We concluded that EPA had not fully implemented the Executive Order and was not 

consistently integrating environmental justice into its day-to-day operations at that time. We 

found that EPA had not identified minority and low-income communities or defined the term 

“disproportionately impacted.” Moreover, in 2001, EPA restated its commitment to 

environmental justice in a manner that did not emphasize minority and low-income populations, 

which we believed was the intent of the Order. In the absence of environmental justice 

definitions, criteria, or standards from EPA, many regional and program offices individually took 

steps to implement environmental justice policies. The result was inconsistency in determining 

environmental justice communities across EPA regions and programs. Thus, the implementation 

of environmental justice actions was dependent, in part, on where a person lived. 

We made 12 recommendations to EPA to address the issues we raised. Four key 

recommendations were: (1) reaffirm the Executive Order as a priority; (2) establish specific 

timeframes for developing definitions, goals, and measurements; (3) develop a comprehensive 

strategic plan; and (4) determine if adequate resources are being applied to implement 

environmental justice. EPA disagreed with 11 of the 12 recommendations. EPA did agree to 

perform a comprehensive study of program and regional offices’ funding and staffing for 

environmental justice to ensure that adequate resources are available to fully implement its 

environmental justice plans. In May 2004, EPA issued its report, Environmental Justice 

Program Comprehensive Management Study, conducted by a contractor. 

Conclusion 

Executive Order 12898 directs federal agencies to make achieving environmental justice part of 

its mission to the greatest extent practicable and permitted by law. The Executive Order states 

that it is intended only to improve the internal management of the executive branch and is not 

intended to, nor does it create any right, benefit, or trust responsibility, substantive or procedural, 

enforceable at law or equity by a party against the United States, its agencies, its officers, or any 

person. Consequently there are no enforcement provisions for environmental justice guidelines. 

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Appendix A 

Distribution 

Office of the Administrator 

Acting Regional Administrator, Region 4 

Agency Follow-up Official (the CFO) 

Agency Follow-up Coordinator 

General Counsel 

Associate Administrator for Congressional and Intergovernmental Relations 

Associate Administrator for Public Affairs 

Audit Follow-up Coordinator, Region 4 

Acting Inspector General 

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