Executive Summary

and leak detection of USTs. This grant will allow for approximately 90 contractors to
be trained during three sessions in fiscal year 1995. Approximately 450 contractors
have been trained over the last five years.

Investigation of USTs at Environmental Justice Sites

EPA Headquarters and Region 5 were informed that there were several USTs located
at the Winton Terrace Public Housing Complex, a HUD building managed by the Cin-
cinnati Metropolitan Housing Authority. In response, EPA conducted an investigation
and discovered that 30 USTs present at the site were not covered by EPA or Ohio’s
regulations. As of March 1995, 13 USTs have been removed.

Enforcement of UST Regulations in Communities with
Environmental Justice Concerns

As part of an ongoing effort to encourage States to enforce UST regulations in envi-
ronmental justice communities, Region 3 targeted 11 facilities with USTs in the cities
of Chester and Marcus Hook, Pennsylvania, for inspection during the summer of 1994.
Violators were issued on-the-spot field citations with penalty amounts ranging from
$300 to $700.

Chemical Emergency Preparedness
and Prevention

The Chemical Emergency Preparedness and Prevention Office (CEPPO) works to re-
duce the risks from accidental releases of hazardous materials, develops and maintains
strategies to respond to emergencies involving hazardous materials, and improves the
capabilities of State, Tribal, and local governments for preparedness, prevention, and
emergency response. States, communities, and Indian Tribes use information from
facilities to develop comprehensive emergency plans through State Emergency Re-
sponse Commissions (SERCs), Local Emergency Response Committees (LERCs), and
Tribal Emergency Response Committees (TERCs).

Environmental Justice Representatives on LEPCs

Region 6 sponsored a State-wide conference in Texas for Local Emergency Planning
Committees (LEPCs), held near the industrialized corridor, that brought together Re-
gional experts in the fields of toxicology, hazard analysis, and emergency response
procedures. The purpose of the conference was to address the broad needs of LEPCs,
including the integration of environmental justice representatives into their member-
ship.

Use of Chemical Safety Audits to Promote Environmental
Justice

Regions 1, 3, 6, 7, and 9 incorporated environmental justice checklist items into their
chemical safety audit programs to ensure that the concerns of affected communities
are addressed.

* Region 1 conducted a full-scale chemical safety audit at a minority-owned small
business in Belmont, Massachusetts. Regional specialists provided recommenda-
tions to prevent the inadvertent mixing of acids and cyanide solutions that release

Waste Programs Environmental Justice Accomplishments Report — 17


Executive Summary

and municipalities. CAs can increase populations served and thereby reduce per
capita costs.

Region 10 designated an Indian Coordinator to increase technical assistance to
Indian Tribes for the RCRA program. The RCRA program sent speakers to give
presentations on solid waste, toxics reduction, and composting, at a technical con-
ference in Oregon for Tribes. Two other well-attended Tribal conferences with
EPA and Tribal leaders were held, one in Alaska and another in Washington.

Technical Assistance for Superfund Activities

The Office of Emergency and Remedial Response (OERR) oversees implementation
of the Superfund program and initiated several projects with Indian Tribes to address
environmental justice concerns in the program.

OERR established Tribal Site Discovery Cooperative Agreements to identify pre-
viously undiscovered hazardous waste sites. OERR selected the Seneca Nation
(Region 2) and the Navajo Nation (Region 9) as pilots for this effort.

Region 8 sent letters to each Indian Tribe in the Region to inform them about the
status of sites in the CERCLIS and how to request information on any potential
sites on their lands.

OERR conducted a variety of training activities designed to build response capac-
ity of Indian Tribes including a Response Agreements Seminar held in Region 10,
an Emergency Response Workshop with Native American components held in
August 1994, and the development of a local government reimbursement module
for Native Americans in the “First Responders” training.

OERR is completing a survey of sites tracked through the CERCLIS on or near
Indian lands.

Region 6 developed and funded Indian-lead Superfund programs that allow Indian
Tribes to interact directly in the Superfund decision-making process. The Semi-
nole Nation of Oklahoma is receiving technical expertise and skills to investigate
and resolve potential hazardous waste sites on Seminole Nation lands through a
Superfund multi-site Cooperative Agreement. A separate Cherokee Nation multi-
media grant helped support a multi-Tribal site discovery program that has identi-
fied three potential sites on Seminole lands.

Technical Assistance for USTs

Several Regions are providing technical assistance for the management of USTs to
Tribes.

The Region 2 Administrator met with leaders of the St. Regis Mohawk Tribe. The
Region is providing technical assistance to the St. Regis Mohawk Office of Envi-
ronmental Affairs to establish local programs for USTs and solid waste landfills.

Region 6 is providing assistance to the Santa Clara Indian Pueblo in determining
the extent of contamination from a LUST on Pueblo lands within the City of
Espanola, New Mexico.

Region 8 assisted State and Tribal enforcement programs in complying with UST
leak detection requirements by taking direct Federal action both on and off Indian

Waste Programs Environmental Justice Accomplishments Report — 11


Executive Summary

Programs Environmental Accomplishments Report,” which is being released concur-
rently with this report. It provides a detailed recounting of all major activities to date,
including milestones and contacts.

Title VI of the Civil Rights Act

Title VI of the 1964 Civil Rights Act generally requires that Federally-financed pro-
grams or activities be implemented in a non-discriminatory manner. OSWER pro-
grams administer a variety of grants and cooperative agreements that provide EPA
financial assistance for State and local programs. Under EPA’s implementing regula-
tions, recipients and applicants are required to assure compliance with Title VI in or-
der to receive financial assistance. EPA program offices and Regions are working to
respond to discrimination complaints with the Office of Civil Rights (OCR), Office of
General Counsel (OGC), the Department of Justice (DOJ), and other EPA offices and
Federal agencies.

Guidance Document on Title Vi Environmental Justice Issues

The Office of Solid Waste (OSW) is working with OCR and OGC to produce a guid-
ance document for the EPA Regions to use in addressing Title VI environmental jus-
tice issues related to the RCRA program. The guidance document will describe Title
VI requirements, outline available options within RCRA statutory authority to prevent
and respond to environmental justice concerns in permitting decisions, describe the
response that Regions should take in response to a Title VI complaint, and discuss
Headquarters and Regional responses to the loss of a Title VI complaint.

Health, Cumulative Risk, Synergistic Effects, and
Multiple Pathways

Cumulative risks, synergistic effects, and multiple pathways that affect the health of
individuals may be the result of exposures to single or multiple contaminants from one
or more sources. OSWER and other Agency programs have generally considered site-
specific risks without considering current exposure to other (non-site specific) pollu-
tion sources. In conjunction with environmental justice initiatives, EPA is supporting
Agency-wide efforts to coordinate and develop scientifically valid standards for mea-
suring cumulative risk, synergistic effects, and multiple pathways. Specific activities
include conducting environmental risk studies in communities where there are envi-
ronmental justice concerns.

Medical Assistance Pilots

EPA, in coordination with the Public Health Service (PHS), has developed Medical
Assistance Plans (MAPs) to respond to the health concerns of communities. Such health
concerns include improving delivery of existing medical services to communities with
potential exposures to hazardous substances and building environmental health exper-
tise in communities through physician training and placement. MAPs are currently
being implemented at the Del Amo/Montrose Superfund site, the Tucson Airport
Superfund site, and the Old Reichold Superfund site by various PHS agencies in coop-
eration with EPA, State and local health departments, local health care providers, and
members of communities living near hazardous waste sites.

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Executive Summary

toxic hydrogen cyanide gas. These recommendations, which included information
on safety criteria and environmental regulations, proved to be of economic benefit
to the company.

+ Region 3 fully incorporated its environmental justice checklist items into its chemi-
cal safety audit program. Region 3 staff conducted a small-scale safety audit as a
pilot for the environmental justice checklist in conjunction with the Chester Initia-
tive that addresses long-term environmental exposures and risks.

* Region 6 can only conduct four chemical safety audits per year, although 2,000
facilities are eligible. Audit specialists now use Region 6 environmental justice
criteria, which is based on U.S. census data, as an additional factor for selection of
facilities for audits.

* By analyzing U.S. Census socio-economic data, Region 7 determined the counties
with the highest density of minority and economically disadvantaged populations
in the Region. By overlaying the location of facilities that are candidates for chemi-
cal safety audits, Region 7 staff targeted audits at facilities that may have environ-
mental justice concerns.

+ Region 9 is studying modifications to its chemical safety audit program to include
audits in communities with environmental justice concerns.

Development of CAMEO/LandView Software

EPA is using CAMEO and Land View software capabilities to identify areas with envi-
ronmental justice concerns. CAMEO is designed for use in emergency planning and
response and Land View is aCD-ROM reference that combines maps with demographic
data, economic census data, and data from EPA facility databases. CEPPO is training
the Regions, and the Regions will train States and local groups in its application. CEPPO
is currently examining the most appropriate ways to deliver the system to communi-
ties with environmental justice concerns.

* Region 1 conducted CAMEO training to create a cadre of certified CAMEO-DOS
instructors in New England. The new instructors are scheduling CAMEO courses
over the next fiscal year.

¢ Region 2 is developing a pilot environmental justice outreach strategy and train-
ing module that demonstrates LandView to LEPCs and community groups and
explains community right-to-know information.

«Region 5 staff are working on a pilot project to apply Land View at several sites.
Region 5 has been mapping locations in two counties on the Mississippi River to
learn whether facilities are concentrated in areas of environmental justice concern.

Federal Facilities

Federal facilities must comply with CERCLA requirements to the same extent as pri-
vate facilities. EPA is working to ensure that environmental justice concerns are ad-
dressed for communities located near Federal facilities. Many of these efforts
complement other environmental initiatives to increase community involvement and
use GIS applications to identify communities with environmental justice concerns.

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Executive Summary

Hawaii ownership. The island has tremendous cultural significance to the Native
Hawaiian population and their interests will be considered during cleanup activi-
ties.

Federal Facilities Environmental Restoration Dialogue
Committee (FFERDC)

Federal Facilities Environmental Restoration Dialogue Committee (FFERDC) is a
Federal Advisory Committee and includes 50 representatives of Federal, State, Tribal,
and local agencies, and environmental, community, and labor organizations, to help
develop policy recommendations for improving decision-making at Federal facilities.
In January 1995, the FFERDC added five environmental justice representatives from
diverse communities including African-Americans, Latinos, Pacific Islanders, and Na-
tive Alaskans. Key issues under consideration by the FFERDC include ensuring that
environmental justice concerns are taken into account when prioritizing Federal facil-
ity cleanups; including representatives from disadvantaged communities on commu-
nity advisory boards; and improving minority and small business contracting at Federal
facility cleanups.

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Executive Summary

¢ Region 6 employed a number of strategies to address community concerns during
site assessment at several Superfund sites. These include establishing a satellite
office or information repository near the site; distributing fact sheets; conducting
door-to-door surveys and results presentation; partnering with other Federal, State,
and local agencies; and holding open houses. Region 6 identified open houses and
door-to-door surveys as the two most successful strategies.

Site Screening

Region 5 is using environmental justice concerns as a qualifier in the site screening/
criteria model to assist in establishing priorities within the Region’s Superfund pro-
gram. In addition, Site Assessment Teams (SATs) and the Regional Decision Team
(RDT) routinely factor environmental justice concerns into their assessments and de-
cisions.

Interagency Working Groups

Many environmental justice concerns raised at Superfund sites are beyond the scope
of the program’s responsibilities. Therefore, in January 1995, OERR sent a memo to
the Regions requesting pilots for interagency working groups.

NPL Characterization

Using an internal statistical and demographic analysis of NPL sites, OERR is evaluat-
ing whether sites in minority and/or low-income communities are cleaned up as quickly,
or have remedies as protective as non-minority or high-income sites. GIS technology,
the LandView software package, and 1990 census data are being used to categorize
demographic and median income characteristics of populations living around these
sites.

Oil Pollution Act Outreach

OERR completed the pilot phase of a survey of oil storage facilities to identify the
types and characteristics of oil storage facilities most likely to be located in poor or
minority communities.

Worker Training

OERR is exploring ways to employ residents around certain sites in actual cleanup
activities and has met with HUD and HHS to coordinate efforts with the STEP-UP
apprenticeship program to determine if a similar apprenticeship program can be mod-
eled for site cleanup.

Oil Pollution Act (OPA)

The Oil Pollution program regulates prevention and response activities at facilities
that discharge oil. The universe of regulated facilities is large and diverse, with facili-
ties located throughout the country in large cities, suburbs, Indian lands, and remote
areas. A disproportionate share of oil storage facilities, and thus contamination, may
be in or near communities with potential environmental justice concerns. The Oil Pol-
lution program is working to ensure that environmental justice concerns are addressed
through statistical surveys and inspections.

Waste Programs Environmental Justice Accomplishments Report — 15


Executive Summary

grants. Because there are few regulatory options and mechanisms for funding lead
paint cleanup, this initiative may help address this problem in housing near some
Superfund sites. EPA is developing final guidance on indoor lead paint cleanups at
Superfund sites funded with HUD lead abatement grants.

Economic Redevelopment, Jobs, and Worker
Training

Economic redevelopment opportunities are being examined to ensure that they comple-
ment environmental justice initiatives in communities with environmental justice con-
cerns. Economic redevelopment efforts are increasingly blocked by uncertainty about
future tort, third-party, and Superfund, RCRA, and UST liabilities, as well as uncer-
tainty about costs, cleanup standards, and time involved in cleanup. This phenomenon
is termed the “brownfields” dilemma and EPA is examining ways to address the needs
of communities suffering from the adverse economic effects of contaminated sites.

Brownfields Economic Redevelopment Initiative

OSWER expanded its emphasis on community involvement in environmental justice
communities through the Brownfields Economic Redevelopment Initiative. Specific
items in the Brownfields Initiative Action Agenda include awarding fifty Brownfields
Economic Redevelopment Pilots during 1995 and 1996, working with Empowerment
Zones and Enterprise Communities (EZ/EC), and building partnerships with key stake-
holders to gain their input and advice. OSWER and NEJAC will co-sponsor public
forums in five cities across the country. The purpose of the forums is to solicit input
from the environmental justice community on the Brownfields Initiative and to de-
velop strategies for integrating community involvement into the Brownfields Initiative.

Training and Education of Brownfleid Communities

OSWER is working with the DOL to develop the local workforce at Brownfields pilot
sites. In other efforts, OSWER is working with NIEHS to implement a series of na-
tional pilots designed to test a range of strategies for the recruitment and training of
inner-city youth.

In addition, OSWER funded and organized the EPA-Morgan State University Summer
Environmental Teacher’s Institute to recruit and inform teachers from schools located
near Superfund sites about environmental issues and concerns. At the second Teacher’s
Institute in Baltimore, Maryland, OSWER’s special recruitment efforts resulted in over
half of the participating teachers being people of color. Furthermore, OSWER estab-
lished partnerships with community colleges in Cleveland, Ohio; Bridgeport, Con-
necticut; and Richmond, Virginia.

Minority Worker Training Grants

OSWER worked with NIEHS to solicit grant applications for partnerships in estab-
lishing a new minority worker training program. The program will focus on support-

Waste Programs Environmental Justice Accomplishments Report — 7


Executive Summary

study data into the Region’s GIS and generated Regional demographic maps of the two
States. The Region can combine the demographic information from the studies with
other program health-risk data.

Identification of Counties with Potential Environmental
Justice Concerns

Region 7 conducted a screening, using GIS in conjunction with the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) Information
System (CERCLIS), the RCRA Information System (RCRIS), and other demographic
information to identify counties with a high co-occurrence of minority and/or low-
income population, and RCRIS/CERCLIS listings. As a result, the Region selected St.
Louis and St. Louis County as an environmental justice pilot area for more intensive
scrutiny.

Outreach, Communications, and Partnerships

OSWER and the Regions are using several strategies to enhance and promote out-
reach, communications, and partnerships for communities likely to have environmen-
tal justice concerns.

OSWER Policies Require Environmental Justice Consideration

OSWER developed a directive entitled “Integration of Environmental Justice Into
OSWER Policy, Guidance, and Regulatory Development.” The directive requires the
consideration of environmental justice in the development of all OSWER policies,
guidances, and regulations, including meaningful input from stakeholders at critical
points.

Training For Low-Income and Minority Workers

OSWER is working with the National Institute of Environmental Health Sciences
(NIEHS) to develop health and safety training for communities with environmental
justice concerns. EPA and NIEHS held a technical workshop in Cleveland, Ohio, in
January 1995 to examine model programs for training residents. Also, Region 5 is
developing a pilot project to provide a two-week summer training course for teachers
in the southeast Chicago area to address environmental justice concerns.

OSWER Speeches

In a continuing effort to build, promote, and maintain an open dialogue with the public
on environmental justice issues, OSWER senior management accepts numerous speak-
ing engagements and establishes lines of communications with a diverse group of
stakeholders (e.g., the National Association of Attorney Generals, the National Reli-
gious Partnership for the Environment, and the National Tribal Conference on Envi-
ronmental Justice).

OSWER Coordination With NEJAC Subcommittee

OSWER has worked closely with the NEJAC Subcommittee on Waste and Facility
Siting to implement the OSWER Environmental Justice Task Force’s recommenda-
tions. Also, the Subcommittee provided extensive review and comment on the

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Executive Summary

Environmentai Risk Studies of Chester, Pennsylvania, and
South/Southwest Philadelphia

Region 3 initiated a major study of environmental risk potentially affecting the health
of residents of Chester, Pennsylvania. Participants in the study include the Pennsylva-
nia Department of Environmental Protection, Delaware County, Chester County, and
the community. The final study is presently undergoing an internal peer review. In
order to explore cumulative risk issues, Region 3 is also funding a study of South/
Southwest Philadelphia through a grant to Johns Hopkins University. The grant in-
cludes significant involvement from local community groups.

Assessment of Cumulative Risk to Native Americans on the
Columbia River

Region 10 risk assessors are participating in an assessment of cumulative risk to Na-

tive Americans on the Columbia River. The data from this assessment will be used to
define exposure limits for all Regional actions.

Study of Polychlorinated Biphenyls (PCBs) and the St. Regis
Mohawk Tribe

The Agency for Toxic Substances and Disease Registry (ATSDR), in coordination with
Region 2, began a study of the St. Regis Mohawk Tribe to evaluate potential health
effects resulting from exposure to PCBs. The report will be titled “PCBs from Toxic
Waste in a Population of Native Americans.”

Geographic Information System (GIS)

The Agency is increasingly using GIS to identify communities with environmental
justice concerns. Using GIS, EPA can access spatially referenced databases of demo-
graphic and economic information, and sources of pollution. EPA analysts can then
identify geographic areas where sources of pollution appear to have a disproportionate
effect on minority, low-income, and educationally disadvantaged populations.

Site Discovery

Sites in areas with minority or low-income populations that warrant Federal attention
may not be identified because potential Superfund sites are discovered and referred to
EPA by local governments, State agencies, and citizens. EPA is using GIS to conduct
an active site discovery progran: to achieve early identification of sites in areas of
environmental justice concerns. Regions 4 and 8 are making extensive use of GIS
maps, tax maps, aerial maps, and other sources to define areas needing assessment.
Region 3 site assessment and GIS personnel generated GIS maps depicting minority
and poverty distributions for all Superfund Accelerated Cleanup Model (SACM) sites.
Region 3 subsequently amended its policies and procedures for site investigations to
include the generation of GIS demographic maps.

Identification of Potential Environmental Justice Areas in
New Jersey and New York

Region 2 completed pilot studies using GIS to demographically map New Jersey and
New York for population density, ethnicity, and income. Region 2 incorporated the

Waste Programs Environmental Justice Accomplishments Report — 3


Executive Summary

Statistical Survey

The Oil Pollution program is conducting a statistical survey of approximately 30,000
oil storage facilities across the nation. The program plans to combine the survey re-
sults with county census data to identify the types and characteristics of oil storage
facilities most likely to be located in poor or minority areas. EPA began distribution of
the survey to facilities in the fall of 1994 and will continue survey activities through
1995.

Census Data Analysis

Region 7 analyzed census data and identified the high priority counties that may have
environmental justice concerns. The list of oil pollution facilities needing inspections
has been prioritized against the census data.

Inspections and Enforcement Activities in Communities with
Environmental Justice Concerns

Several Regions are targeting inspections and enforcement activities in communities
with environmental justice concerns.

¢ Region 1’s Environmental Justice Enforcement Plan intends to triple the number
of inspections in areas with environmental justice concerns. The Region has com-
pleted six inspections in the States of Connecticut and Rhode Island.

¢ Region 2 conducted 19 inspections under the Spill Prevention Control and Coun-
termeasures (SPCC) program in areas with environmental justice concerns. The
Region conducted four of these inspections as part of the consolidated multi-me-
dia efforts. The SPCC program is planning to conduct 200 inspections by the end
of this fiscal year, and is targeting facilities located in communities with environ-
mental justice concerns, These areas include Newark and Camden, New Jersey,
and New York City, New York.

Underground Storage Tanks (USTs)

The Office of Underground Storage Tanks (OUST) works to prevent leaks and spills of
USTs, monitor tanks for leaks and spills, correct problems created by newly discov-
ered leaks and spills, and ensure that owners and operators of USTs can pay for prob-
lems created by leaking tanks. The UST program is largely decentralized to the States.

Considering Environmental Justice in Priority-Ranking
Systems

OUST issued a revised “State UST Program Grant Guidance” to encourage States to
consider environmental justice as a qualitative factor in priority-ranking systems for
State-lead cleanup and enforcement activities. As a result of this guidance, Region 3
has included language in all of their grants and cooperative agreements with States for
fiscal year 1995.

Grants to the National Association of Minority Contractors

OUST awarded a grant of $100,000 to the National Association of Minority Contrac-
tors to train and certify minority contractors in the removal, installation, monitoring,

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Executive Summary

¢ Region 7 identified the Oronogo-Dunweg Superfund site as its pilot CAG site
after screening several Superfund sites with environmental justice concerns. The
community around this site consists of a predominantly low-income population.
The Region is currently selecting CAG members.

Environmental Education Grants

Region 5 established environmental education grants to educate communities on local
environmental issues. Regional environmental justice contacts and community rela-
tions coordinators promote this grants program so that institutions conducting envi-
ronmental justice related activities can compete for these funds. For example, Region
5 conducted an environmental grants writing workshop for 200 Chicago Public School
faculty members.

Underground Storage Tank (UST) Guidance for Environmen-
tal Justice

Headquarters issued a fact sheet on environmental justice to State UST and leaking
underground storage tank (LUST) managers. This fact sheet defines environmental
justice, explains what EPA is doing to address the issue, and discusses how UST pro-
grams can address environmental justice concerns.

Expanded Public Participation at a RCRA Site

Region 2 identified the Squibb site located in Humacao, Puerto Rico, as the first RCRA
site with environmental justice concerns that will undergo improved and expanded
public participation procedures. Bilingual communication will continue to be used.

Urban Environmental Initiative in Baltimore, Maryland

Region 3 is conducting the Urban Environmental Initiative in cooperation with the
City of Baltimore and the Maryland Department of the Environment to identify areas
of disproportionate risk in Baltimore City and to initiate community activities. The
initiative supports pollution prevention, risk reduction, public awareness, and other
environmental activities in environmental justice areas within Baltimore City. The
team identified seven short-term action areas: lead contamination, hazardous materi-
als incidents, consumption of contaminated fish from Baltimore Harbor, air toxics,
ground-level ozone, hazardous levels of radon, and indoor air pollution. Approximately
150 lead-dust cleaning kits have been distributed to citizens who received training on
how to use them. The team has committed 1,400 of a total of 2,500 kits for distribution
to trained community members. Additionally, the team submitted grant proposals for
fish-consumption studies, the creation of an ozone map, hazardous materials incidents
studies, and indoor air studies. The long-term track is designed to gather comprehen-
sive data to identify environmental justice areas.

Lead Abatement Program

The Superfund program is working with HUD, EPA Regional On-Scene Coordinators
(OSCs), and Remedial Project Managers (RPMs) to identify sites located near low-
income or minority housing. These sites may be eligible for HUD lead abatement
grants. HUD is providing information to OSCs and RPMs on how to apply for these

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SEPA

United States Office of Solid Waste and
Environmental Protection Emergency Response
Agency Washington, DC 20460

OSWER 9200.3-20
PB95-963239
EPAS40/R-95/058
May 1995

Waste Programs
Environmental Justice
Accomplishments Report
Executive Summary


Executive Summary

¢ EPA and Idaho are currently working on the development of a local contractor’s
list. The contractor’s list will be given to prime contractors to be used in notifying
local contractors of bid opportunities for cleanup work.

* Region 6 piloted a seminar in New Orleans which brought together several Fed-
eral agencies, EPA prime contractors, and training vendors/providers in one room
and made them directly available to potential disadvantaged and minority contrac-
tors for networking and information sharing on government subcontracting oppor-
tunities. Several subcontracts were awarded as a result of the seminar. The next
seminar is tentatively planned for Albuquerque, New Mexico.

Grants Training and Workshop Forum

Region 10 held a Grants Training and Workshop Forum on December 1, 1994, to present
Federal, State, county, and city funding opportunities for urban and rural community
groups, including non-profit organizations, Tribal governments, churches, and educa-
tional institutions. EPA also discussed the requirements for filling out grant applica-
tion forms and demonstrated how to prepare a proposal.

Encourage Groups in Low-Income Areas to Promote
Recycling

Region 2 began activities to target grant funds to encourage groups in low-income
areas to promote recycling and source reduction/pollution prevention. The efforts in-
clude informing low-income community organizations of the availability of limited
Federal grant money to promote recycling and source reduction/pollution prevention.

Federal Interagency Cooperation

EPA works with many Federal agencies to protect human health and the environment.
Some of these agencies include ATSDR, HHS, the Center for Disease Control (CDC),
DOJ, NIEHS, HUD, the Department of Agriculture (USDA), the Department of Inte-
tior (DOI), and agencies that own or operate facilities regulated by OSWER. After the
issuance of the President’s Environmental Justice Executive Order, the Federal gov-
ernment is increasing its emphasis on interagency cooperation with various projects
and studies to address environmental justice concerns.

Outreach Training with AmeriCorps Volunteers

Region 10 is participating in an interagency education and outreach effort with
AmeriCorps volunteers. The EPA-AlaskaAmericorps project targets volunteers to iden-
tify and resolve solid/hazardous waste and water issues at the local level. Thirteen of
the 15 trainees were Native Alaskans representing their own villages. Region 10 pro-
vides technical assistance on an as-needed basis. Key personnel of Native Alaskan
organizations, the Alaska education system, the Alaska Department of Environmental
Conservation, and EPA conduct the training.

Federal Field Workgroup to Address Sanitation Issues in
Rural Alaska

Region 10 has initiated a large interagency effort to address minority concerns in rural
Alaska. The Region 10 Hazardous Waste Division serves as lead agency for the

Waste Programs Environmental Justice Accomplishments Report — 9


Executive Summary

ing the inclusion of young people of color in environmental restoration activities. Ap-
plications are currently being reviewed.

Laborers Hired at Bunker Hill Site

Under the removal program, a U.S. Army Corps of Engineers subcontractor hired 19
local workers out of a total of 26 that lived in the community near the Bunker Hill
Superfund site.

Contracts, Grants, and Labor

Communities throughout the nation indicate that EPA should facilitate employment
opportunities for local labor to reduce the economic and social stigma of waste facili-
ties. It is the policy of the Federal government that a fair proportion of government
contracts and subcontracts be placed with small and disadvantaged businesses. OSWER
and the Regions are working to provide incentives to use local labor in communities
where there are environmental justice concerns.

Mentor-Protege Program

Region 6 is working with the Office of Small and Disadvantaged Businesses Utiliza-
tion (OSDBU) to fully implement the Mentor-Protege program that is being piloted in
the Superfund Response Action Contracts (RACs). The program is designed to stimu-
late the participation of small and disadvantaged businesses in EPA contracts by fos-
tering long-term relationships between large contractors and small and disadvantaged
businesses.

Set-Aside Contracts

More than 12 million dollars has been awarded to minority business enterprises in
Region 4. Acquisition plans were established that emphasize the use of small and dis-
advantaged businesses, both as prime contractors and subcontractors. The use of such
businesses addresses environmental justice concerns by allowing socially and eco-
nomically disadvantaged small business concems to obtain contracts. Also, Region 4
implemented set-aside contracts under Section 8(a) of the Small Business Act which
authorizes subcontracting to “socially and economically disadvantaged small business
concerns.” Section 8(a) businesses were awarded an Enforcement Support Services
(ESS) contract and a Regional Oversight Contract (ROC).

Increase the Use of Local and Small Disadvantaged
Businesses

Regions 6 and 10 undertook several efforts to increase the use of local and small and
disadvantaged businesses.

* The Alternative Remedial Contracting Strategies (ARCS) Performance Evalua-
tion Board (PEB) considered the success of the contractors in meeting the goals
for subcontracting to small and disadvantaged businesses (as well as minority-
and women-owned businesses) in the award fee recommendations.

* The Superfund removal program worked with the State of Idaho and the local
employment office in Silver Valley, Idaho, to provide health and safety training to
local citizens interested in hazardous waste work.

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Executive Summary

“OSWER Environmental Justice Task Force Draft Strategy.” Many of these comments
were incorporated into the revised OSWER strategy, now called the “Environmental
Justice Action Agenda.” OSWER continues to work with the Subcommittee to address
public health issues, facility siting issues, and economic redevelopment and
brownfields issues in impacted communities.

OSWER and NAACP Cooperation

OSWER and the National Association for the Advancement of Colored People (NAACP)
are examining the perceived health effects of inactive and uncontrolled waste sites on
certain racially and economically disadvantaged communities. OSWER has been con-
ducting interviews with affected community residents to obtain their perceptions of
the health effects and risks of these sites. Information collected will enable the 2,200
branches of the NAACP to empower local communities for meaningful participation
in environmental decision-making.

Community Advisory Groups (CAGs)

EPA is encouraging the formation of CAGs to address community concerns, expecta-
tions, and environmental justice issues for the cleanup and future use of sites. CAGs
are a crucial part of the Superfund program’s environmental justice implementation
plan because they promote early, direct, and meaningful public involvement in the
Superfund cleanup process. OSWER and the Regions identified pilot CAGs for poten-
tial environmental justice sites. In addition, OERR developed draft CAG guidance that
is currently undergoing Regional review. Examples of CAG activities include:

¢ Region 1 established and interacts extensively with CAGs at two Superfund sites
with environmental justice concems: New Bedford, Massachusetts, and Pine Street
Canal, Vermont. EPA meets with community members at both sites bi-weekly.

« In Region 2, a CAG was formed at the Diamond Alkali Superfund site, which has
potential environmental justice concerns. At the CAG’s request, the Region ob-
tained guest speakers on EPA’s dioxin reassessment work, a copy of New Jersey’s
completed epidemiological work in the area, the Newark Bay seafood consump-
tion advisories, and information on Region 2’s Harbor Estuary program. The Re-
gion generated and distributed two trilingual fact sheets on the Diamond Alkali
Superfund site to the community. In addition, the Region held a special site visit
and roundtable discussion for members of the Ironbound Committee Against Toxic
Wastes, a local advocacy group.

+ Region 4 selected two pilot CAGs with environmental justice concerns at the Chat-
tanooga Creek, Tennessee, and the Escambia Treatment Plant, Pensacola, Florida,
sites. The Region is also working closely with the Hazardous Substances Research
Center/South & Southwest to develop the Technical Outreach Services for Com-
munities program and to provide training workshops to communities on technical
aspects of environmental pollution.

* Region 6 conducted workshops and open houses to assist the community at the
Agriculture Street Landfill site in New Orleans, Louisiana, to form a CAG. The
Region is coordinating this effort with economic redevelopment initiatives in the
area.

Waste Programs Environmental Justice Accomplishments Report — 5


Executive Summary

Restoration Advisory Boards (RABs) and Enhanced
Community Development

EPA and the Department of Defense (DOD) are working jointly under the Base Re-
alignment and Closure (BRAC) program to establish Restoration Advisory Boards
(RABs) and enhance community development at all closing installations and at non-
closing installations. EPA has assisted in establishing RABs at 69 major closing instal-
lations and at many other DOD installations to ensure that environmental justice issues
are addressed. DOD and EPA offered RAB training sessions throughout the country.

Community Relations Coordinator

The Region 4 Federal Facilities Branch hired a Community Relations Coordinator
(CRC) to handle environmental justice and other community relations support for DOD
and BRAC sites. The Region 4 coordinator reviewed three RAB charters and eight
community relations plans to ensure that environmental justice issues are addressed.
All major BRAC installations in the Region have established RABs or are in the pro-
cess of completing RAB selection.

Site Specific Advisory Boards (SSABs)

DOE is establishing Site Specific Advisory Boards (SSAB) at all major DOE facilities
that, like RABs, place an emphasis on stakeholder involvement in the cleanup deci-
sion-making process. DOE issued interim guidance in November 1994. Final guid-
ance is under review and joint signature by EPA and DOE is planned.

GIS Initiatives

Several Regional Federal facility offices are using GIS applications to address envi-
ronmental justice initiatives at communities located near Federal facilities.

* Regions 1, 3, 5, and 6 are collecting demographic data and preparing GIS maps for
closing bases and other high priority Federal facilities in the Region.

Enhanced Community Involvement

Several Regions undertook extensive efforts to involve communities with environ-
mental justice concerns near Federal facilities.

* Region 8 is working with two minority communities adjacent to the Rocky Moun-
tain Arsenal (RMA). Montbello has a sizable percentage of African-American resi-
dents and Commerce City has a sizable percentage of Hispanic residents. Both
communities have representation on the two citizen advisory boards that exist for
RMA. EPA has encouraged local involvement in the remediation decision-making
through the citizen advisory boards, through a special Regional Administrator-
level set of meetings with stakeholders and through meetings with State and local
governments and local health officials.

¢ Region 9 is overseeing activities to clean up Kaho’olawe Island in Hawaii and
initiated contact with Protect Kaho’olawe Ohana, a Native Hawaiian advocacy
group, in its efforts to enhance local community involvement. The island was for-
merly used by DOD as a bombing range and was recently returned to State of

Waste Programs Environmental Justice Accomplishments Report — 19


Executive Summary

INTRODUCTION

Over the last decade, several studies have indicated that minority and low-income
communities often bear a disproportionate level of the environmental and health ef-
fects of pollution. On February 11, 1994, President Clinton signed Executive Order
12898 which focuses Federal agencies’ attention on the environmental justice issue.
Then, on April 25, 1994, the Office of Solid Waste and Emergency Response (OSWER)
issued the “OSWER Environmental Justice Task Force Draft Final Report.” This re-
port launched a major effort to address environmental justice concerns in the Environ-
mental Protection Agency’s (EPA's) waste programs. It consists of a series of
action-oriented recommendations encompassing all waste program areas. Based on
the recommendations, Headquarters and the Regions developed implementation plans
in June 1994. While work on the final report (titled the “OSWER Environmental Jus-
tice Action Agenda” and being released concurrently with this report) was progress-
ing, implementation of many of the April 1994 recommendations was ongoing.

This Executive Summary provides a synopsis of the major areas of progress and ac-
complishments of EPA Headquarters and Regions to address environmental justice in
the waste programs. Over the last year, special emphasis has been given to several
very important areas. Increasing public participation and stakeholder involvement is
one area that received special emphasis. Such initiatives as Superfund community
advisory groups (CAGs), Federal facility restoration advisory boards (RABs), the Re-
source Conservation and Recovery Act (RCRA) proposed public participation rule,
increased assistance to and involvement of Native Americans, and OSWER’s coopera-
tive partnership with the National Environmental Justice Advisory Council (NEJAC)
are giving local communities a greater voice in waste program activities.

Interagency cooperation and partnerships are also being emphasized because environ-
mental justice issues often cut across jurisdictional boundaries. Interagency efforts
include medical assistance to communities in coordination with the Department of
Health and Human Services (HHS); lead abatement in housing near Superfund sites
with the Department of Housing and Urban Development (HUD); increased opportu-
nities for jobs at waste cleanup sites with the Department of Labor (DOL), and a vari-
ety of cooperative initiatives with State and local governments.

Many projects are making use of state-of-the-art computer technology to better under-
stand the total community surrounding waste sites and facilities. The Geographic In-
formation System (GIS), LandView, and Computer Aided Management of Emergency
Operations (CAMEO) are computer data systems which overlay demographic, envi-
ronmental, geographic, and contaminant release information to better understand total
impacts on communities. Every Region is increasing its use of one or more of the
systems.

Many of the communities where waste sites are located need revitalization. The EPA
brownfields initiative will help put abandoned land back into productive use. Many
initiatives are underway to help small and disadvantaged businesses get their fair share
of Federal contract dollars. The Regions and Headquarters are also working to train
and increase the hiring rate of laborers from the communities where the cleanups are
occurring.

This Executive Summary provides highlights of these and other important initiatives
which support environmental justice. Many additional efforts are covered in the “Waste

Waste Programs Environmental Justice Accomplishments Report — 1


Executive Summary

lands. Region 8 conducted over 100 leak detection inspections, jointly with Tribal
and State authorities, and issued 48 field citations at facilities on these lands.

Technical Assistance for Chemical Emergencies

Several Regions are providing technical assistance in chemical emergency prevention
and preparedness to Indian Tribes.

¢ Region 8 began extensive efforts to disseminate information on emergency re-
sponse activities to areas with environmental justice concerns. Specific activities
included:

- Sending letters to 28 Federally recognized Indian Tribes to offer assistance in
training, outreach, and exercises in emergency response training;

- Conducting several hazardous materials training courses at the “awareness” and
“operations” levels for Indian Tribes in South Dakota and Montana;

- Holding a short-term peer exchange work session on emergency planning and
response in Kanab, Utah, for Indian Tribes in Utah and Arizona; and

- Holding a Tribal environmental summit in Rapid City; which included a pre-
sentation on preparedness and prevention for all Indian Tribes in Region 8.

¢ Region 10 is working with the Colville Indian Tribe and nearby counties on emer-
gency preparedness. A $10,000 EPA grant funded a cross-border workshop and
vulnerability analysis study.

Technical Assistance for Multi-Media Environmental
Management

Region 2 is providing technical assistance and identifying appropriate mechanisms
for multi-media environmental management program support to Indian Tribes. Region
2 provided grants to the Seneca, Mohawk, and Oneida Nations. In addition, Region 2
established an Indian Workgroup consisting of representatives from the Air, Water,
Superfund, Wetlands, and Radon programs to jointly explore mechanisms for assis-
tance to Tribal governments.

Indian Tribal Involvement at Federal Facilities

Region 10 involved the Confederated Tribes of the Umatilla Reservation, the Confed-
erated Tribes and Bands of the Yakima Indian Nation, and the Nez Perce Tribe in the
cleanup decision and oversight at the Department of Energy (DOE) Hanford Site.

Second National Tribal Conference on Environmental
Management

OSW sponsored the Second National Tribal Conference on Environmental Manage-
ment in fiscal year 1994. OSW Indian program staff and the Indian Coordinator from
OERR provided extensive support to the Cherokee staff throughout the pre-confer-
ence and conference periods. Nearly 450 participants attended the conference.

12 — Waste Programs Environmental Justice Accomplishments Report


Executive Summary

GIS Applications for Environmental Justice

OSW has developed the Decision Support System (DSS) jointly with the Environmen-
tal Monitoring Systems Laboratory in Las Vegas (EMSL-LV). This fully functional
GIS can estimate population density for geographic areas where sources of pollution
appear to have a disproportionately high and adverse health or environmental effect on
minority or low-income populations.

RCRA Permitting Process

OSW proposed a public participation rule on June 2, 1994, entitled “RCRA Expanded
Public Participation and Revisions to Combustion Permitting Procedures,” that will
expand public involvement opportunities and address environmental justice concerns
during the RCRA permitting process. One goal of the rule is to encourage earlier, more
meaningful public involvement and to allow the public to be informed of potential
facility operations prior to permit submittal.

RCRA Implementation Plan (RIP)

The RCRA program incorporated an environmental justice section in the fiscal year
1995 RIP that addresses Title VI of the Civil Rights Act, siting of RCRA facilities,
public participation in siting and permitting decisions, and corrective action. The fis-
cal year 1996 RIP will incorporate environmental justice concepts into the individual
programmatic sections of the plan.

RCRA Siting Workgroup

In order to review policy options related to siting of RCRA hazardous waste facilities,
OSW recently created a RCRA Siting Workgroup. The Workgroup evaluated technical
issues related to the potential risk posed in various geographic locations as well as
environmental justice issues raised by RCRA facility siting. The workgroup met with
State officials and with members of NEJAC to discuss environmental concerns and
potential solutions.

Comprehensive Environmental Response,
Compensation, and Liability Act
(CERCLA), or Superfund

OERR oversees implementation of the Superfund program and initiated site assess-
ment, site screening, interagency workgroups and National Priorities List (NPL) char-
acterization studies, and other projects to address environmental justice concerns in
the program.

Site Assessment
Acommon concern among environmental justice communities is that many potential
hazardous waste sites within their communities are undiscovered and unaddressed.

* OERR solicited proposals from the Regional offices and research community to
conduct a variety of site assessment pilots, including assistance to two Tribes, and
is evaluating the proposals.

14 — Waste Programs Environmental Justice Accomplishments Report


Cwuew

Executive Summary

Table of Contents

Introduction |... eects

Title VI of the Civil Rights Act.......

Health, Cumulative Risk, Synergistic Effects,
and Multiple Pathways ... seseeee

Geographic Information System (GIS) 0.0.0.0. eeeeeseeneeeene 3
Outreach, Communications, and Partnerships ................000. 4
Economic Redevelopment, Jobs, and Worker Training.......7
Contracts, Grants, and Labor oo... eeeeseeeesesneeeereneaeeneenenee 8

Federal Interagency Cooperation

Native American/Tribal ISSUES ................ccccese ete LO

Internal Training, Organization, and Program
Implementation see

Resource Conservation and Recovery Act (RCRA).

Comprehensive Environmental Response,
Compensation, and Liability Act

(CERCLA), or Superfund...

Oil Pollution ACt (OPA) 0.0... cseesessesseeseesesssesseeneeneeseeneenteaseneeae 15
Underground Storage Tanks (USTS) 000.0... cece esseeseeseeneesees 16
Chemical Emergency Preparedness and Prevention........... 17

Federal Facilities

Waste Programs Environmental Justice Accomplishments Report — iii


SEPA

United States Office of Solid Waste and OSWER 9200.3-20

Environmental Protection Emergency Response PB95-963239
Agency Washington, DC 20460 EPAS540/R-95/058
May 1995

Waste Programs
Environmental Justice
Accomplishments Report
Executive Summary

U.S, Environmental Protection Agen
Region 5, Library (PL.12J) Agency

77 West Jackson B
Chicago, IL CoB ad, 12th Floor


Executive Summary

Federal Field Workgroup (FFW) to identify and solve severe sanitation issues in rural
Alaska, The interagency group is composed of representatives from Federal and State
agencies including the U.S. Army Corps of Engineers; the Departments of Commerce,
Education, Transportation, Labor, and HUD; the Indian Health Service (IHS); the Bu-
reau of Indian Affairs (BIA); the Alaska Departments of Community and Regional
Affairs, and Environmental Conservation; the Alaska Area Native Health Association;
the University of Alaska; and other concerned agencies. In addition, FFW completed a
draft report on Alaskan rural sanitation in March 1995. The report has been submitted
to the Office of Management and Budget (OMB) for final clearance before submission
to the U.S. Congress.

Community Assistance Panels (CAPs)

Region 6 participates in ATSDR’s Minority Health program by collaborating with
ATSDR on CAPs which provide health information to minority and disadvantaged
communities located near Superfund sites. EPA and ATSDR established CAPs at sev-
eral sites, including the RSR Smelter (a.k.a. West Dallas Lead) site which is located
near public housing units. Region 6 will continue to participate in CAPs to identify
and explore ways to deliver health services and information to minority and disadvan-
taged communities potentially exposed to hazardous waste contamination.

Native American/Tribal Issues

The unique legal status of Indian Tribe governments requires EPA-wide and OSWER-
wide coordination. There is an extensive EPA-wide initiative underway to strengthen
Tribal environmental programs and address environmental justice concerns. EPA is
currently examining ways to develop and provide additional resources and technical
assistance for Tribal environmental protection.

Technica! Assistance for RCRA Activities.

OSW appropriated a fiscal year 1994 budget of $505,000 to provide technical assis-
tance for RCRA activities on Indian lands. Funds are used to support Headquarters and
Regional Indian activities such as training and outreach, meeting support, regulatory
development, direct grants to the Tribes, and the circuit rider program.

¢ Regions 5, 6, 9, and 10 held Regional Tribal meetings supported by Headquarters
funding. Regional staff work with Tribes to develop agendas and secure speakers
at these meetings.

* The “Native American Network” and other Tribal-specific publications are de-
signed and disseminated by Headquarters and Regional staff to provide “user-
friendly” information on grant availability, rules and regulations, and other
RCRA-related activities.

¢ Regions 4 and 6 are providing technical assistance to Indian Tribes for the RCRA
Subtitle D (solid waste) program. Region 4 funded several ongoing solid waste
management projects for Tribes. Region 6 and Headquarters hosted a
“regionalization” conference in Albuquerque, New Mexico, to demonstrate the
advantages gained by entering into cooperative agreements (CAs) between Tribes

10 — Waste Programs Environmental Justice Accomplishments Report


Executive Summary

Technical Assistance through Interagency Agreements and
Circuit Riders

Regions 7, 9, and 10 are providing solid waste, hazardous waste, and UST technical
assistance to Indian Tribes through the use of interagency agreements (IAGs) and cir-
cuit rider positions. These activities are being coordinated with the BIA and IHS.

Internal Training, Organization, and Program
Implementation

OSWER and Regional Environmental Justice Training

OSWER and the Regions are initiating efforts to develop training, awareness, and
education for waste program personnel. Efforts include developing a new training
module on environmental justice for OERR’s community relations training, a new
module for the CERCLA Education Center (by the Technology Innovation Office
(TIO)), development of Regional environmental justice training plans, and developing
training modules to provide RCRA staff with a common understanding of environ-
mental justice issues.

OSWER Environmental Justice Steering Committee

OSWER formed the Steering Committee to oversee progress towards implementing
environmental justice in waste programs and to resolve major issues that occur during
implementation of the recommendations contained in the “OSWER Environmental
Justice Task Force Draft Strategy.” The Steering Committee is chaired by the Deputy
Assistant Administrator of OSWER and is composed of senior managers and experi-
enced staff from each OSWER program office. The Steering Committee has been
meeting every month since June 1994.

OSWER Environmental Justice Action Agenda

The “OSWER Environmental Justice Action Agenda” provides a concise summary of
OSWER’s strategy and describes an implementation process for ensuring that major
environmental justice issues continue to be recognized and addressed. The Agenda
represents OSWER’s commitment to implement the objectives of Executive Order
12898. Implementation plans written by the OSWER program offices and the ten Re-
gional offices are an integral part of the “OSWER Environmental Justice Action
Agenda.”

Resource Conservation and Recovery Act
(RCRA)

OSW oversees the RCRA program and is supporting a variety of environmental jus-
tice initiatives. Many of these activities, such as technical assistance to Indian Tribes,
are also being managed at the Regional level and are discussed in other sections of this
report. Specific initiatives being conducted at OSW Headquarters include the follow-
ing activities.

Waste Programs Environmental Justice Accomplishments Report — 13