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U.S. Envirohn~n-:t.;! r::-tection Agency Region 5, Ub: ., ·.} ?J) 

77 West J~ck~ .. ' . . · .~·.rard, 12th Floor Chicago, ll 6GL:u-i-·:5 .. ·10 · 
OSWER ENVIRONMENTAL JUSTICE 

TASK FORCE REPORT 

TABLE OF CONTENTS 

CHAPTER! 

INTRODUCTION AND BACKGROUND 

ON OSWER ENVIRONMENTAL JUSTICE TASK FORCE .................................. ! 

A. INTRODUCTION ............................................................................................................................ 1 

B. ENVIRONMENTAL JUSTICE EXECUTIVE ORDER ................................................................. 1 

C. HUMAN HEALTH ISSUES AND ENVIRONMENTAL JUSTICE ............................................... 3 

D. GOALS FOR OSWER ENVIRONMENTAL JUSTICE TASK FORCE ......................................... 4 

CHAPTER2 

OSWER TASK FORCE MEMBERSHIP AND OUTREACH EFFORTS •.•••......... 7 

A. OSWER TASK FORCE MEMBERSHIP ........................................................................................ 7 

B. INTERNAL OUTREACII ................................................................................................................ 7 

C. EXTERNAL OUTREACH ............................................................................................................... 9 

D. STAKEHOWERS .......................................................................................................................... 10 

E. COMMUNICATION ISSUES ........................................................................................................ 10 

CHAPTER3 

OSWER-WIDE ENVIRONMENTAL JUSTICE ISSUES 

AND RECOMMENDATIONS ••••..••••.••...•••...•...••.•..•...•••...••..•••...••..••••...••••••.••••.•...•..• 11 

A. ESTABLISHING GUIDELINES FOR ENVIRONMENTAL JUSTICE ...................................... 11 

B. Tl11..E VI OF TilE CNIL RIGHTS ACT ..................................................................................... 12 

C. CUMULATIVE RISK .................................................................................................................... 16 

D. GEOGRAPIDC INFORMATION SYSTEM (GIS) ....................................................................... 17 

E. OUTREACII, COMMUNICATIONS AND PARTNERSHIPS ..................................................... 18 

F. ECONOMIC REDEVELOPMENT ................................................................................................ 24 

G. CON1RACTS, GRANTS AND LABOR ....................................................................................... 26 

H. FEDERAL INTERAGENCY COOPERATION ............................................................................ 30 

I. NATIVE AMERICAN/IRIBAL ISSUES ....................................................................................... 35 

J. INTERNAL TRAINING, ORGANIZATION AND 

PROGRAM IMPLEMENTATION ................................................................................................. 38 
TABLE OF CONTENTS 

CHAPTER4 

PROGRAM-SPECIFIC ENVIRONMENTAL JUSTICE 

ISSUES AND RECOMMENDATIONS ······················································~t·············41 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) ............................................. 41 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LlABll.JTY 

ACT (CERCLA), or SUPERFUND ............................................................................................... 49 

C. OIL POLLUTION ACT (OPA) ...................................................................................................... 56 

D. UNDERGROUND STORAGE TANKS (UST) ............................................................................. 57 

E. CHEMICAL EMERGENCY PREVENTION AND PREPAREDNESS OFFICE (CEPPO) ........ 60 

F. TECHNOLOOY INNOVATION OFFICE (TIO) ........................................................................... 64 

G. FEDERAL FACILITIES ................................................................................................................. 66 

II 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT 

CHAPTER 1 

INTRODUCTION AND BACKGROUND ON 

OSWER ENVIRONMENTAL JUSTICE TASK 

FORCE 

A. INTRODUCTION 

Over the last decade, concern about the impact of environmental 

pollution on particular population groups has been growing. There is 

a widespread belief that minority populations and/or low-income 

populations may bear disproportionate high and adverse human health and 

environmental effects from pollution. This beliefhas resulted in a movement to 

assure environmental justice for all populations. 

Several studies have been conducted by a variety of organizations (e.g., 

National Law Journal, United Church of Christ) which conclude that certain 

communities are at special risk from environmental threats. The authors of 

these studies have concluded that the implementation of key environmental laws 

have not historically provided protection to all citizens and that certain 

populations are more vulnerable than others to health threats from environmental 

pollution. These studies suggest that vulnerabilities may stem from multiple 

exposure situations exacerbated by other social and economic factors, such as 

poor health care and lack of adequate nutrition. Many groups have concluded 

that the government must take these issues into account in its decision-making 

processes, research and data collection. 

Early in her tenure as the U.S. Environmental Protection Agency's 

(EPA) Administrator, Carol Browner, designated the pursuit of environmental 

justice as one of the Agency's top priorities. In response to concerns voiced by 

many groups outside the Agency, the Assistant Administrator of the Office of 

Solid Waste and Emergency Response (OSWER), ElliottP. Laws, on November 

29, 1993, directed the formation of a task force to analyze environmental justice 

issues specific to waste programs and develop recommendations to address 

these issues. President Clinton signed an Executive Order on Environmental 

Justice (February 11, 1994) (Executive Order) which focused the attention of 

Federal agencies on environmental justice issues. EPA is currently developing 

an Agency-wide strategypursuantto the Executive Order. The requirements of 

the Executive Order provide extra emphasis to the mission of the OSWER task 

force. 

B. ENVIRONMENTAL JUSTICE EXECUTIVE ORDER 

President Clinton's issuance on February 11, 1994 of the Executive Order 

12898 on Environmental Justice and its accompanying Presidential Memorandum 

marked a significant step toward focusing the attention of Federal agencies on 

1 
OSWER ENVIRONMENTAL JusTICE TASK foRcE DRAFT fiNAL REPORT 

B. ENVIRONMENTAL JUSTICE EXECUTIVE ORDER 

2 

environmental justice concerns. The Order requires cenain Federal ag,encies, to the 

greatest extent practicable and pennitted by law, to make environmental justice part of 

their mission by identifying and addressing disproportionately high and aclversehuman 

health or environmental effects on minority populations and low-income populations. 

To helpmeet this objective, the Order calls on covered agencies to develop environmental 

justice strategies. These strategies must include (but are notlimited to) a list of agency 

programs, policies, planning and public participation processes, enforce:ment, and/or 

rulemakings that should be revised to, at a minimum: 1) promote enforcement of 

environmental and health statutes in areas with minority populations and low-income 

populations; 2) ensure greater public participation issues; 3) improve rese:arch and data 

collection relating to the health and environment of minority populati,ons and lowincome populations; and 4) identify differential patterns of subsistence use of natural 

resources among these populations. 

Other key elements of the Executive Order include: establishes a Federal 

Interagency Worldng Group; directs federal agencies not to discriminate: in programs, 

policies and activities; directs human health research to include diverse segments of the 

population; mandates federal data collection and maintenance and analysis to assess 

environmental and human health risks borne by populations by race, national origin or 

income; requires agencies to collect, maintain and analyze infonnation on populations 

who rely principally on fish and/or wildlife for subsistence; instructs agencies to 

provide for public involvement; and applies the Executive Order equally to Native 

American programs. 

The Executive Order reflects the priority this Administration pla(:es on the goal 

of achieving environmental justice. In addition, the Presidential Memorandum that 

accompanied the Executive Order emphasizes several provisions of environmental, 

civil rights and other statutes that provide opportunities for agenci,~s to address 

environmental hazards in areas with minority populations and low-income populations. 

It directs agencies to take immediate and specific actions under the~ enumerated 

statutory provisions as part of the Administration's efforts to prevent these: communities 

frombeingexposedtodisproportionatelyhighandadversehumanhealthorenvironmental 

effects. OSWERhasamajorroletoplayincontributingtothesuccessoftheAgency's 

implementationoftheExecutiveOrder, since many of the issues raised by~:nvironmental 

justice advocates relate directly to OSWER activities. By creating a program-specific 

environmental justice task force, OSWER has already taken a major step toward 

implementing the requirements of the Executive Order within the programs for which 

OSWER has responsibility. As the OSWER environmental justice task force mission 

statement points out (see section on OSWER Task Force goals), OSWER intends to 

explore ways to better respond to environmental and public health problems facing 

minority populations and low-income populations. Thus, OSWER's actions will 

directly support the goals and objectives established by the EPA Administrator and 

President Clinton. 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

C. HUMAN HEALTH ISSUES AND ENVIRONMENTAL JUSTICE 

C. HUMAN HEALTH ISSUES AND ENVIRONMENTAL 

JUSTICE 

Many of the concerns about environmental justice are associated with waste 

disposal sites. Several incidents that occurred during the 1980s indicate this. In 1982, 

demonstrations against the proposed site for a polychlorinated biphenyl (PCB) landfill 

in Warren County, North Carolina, received national attention. In 1983, a General 

Accounting Office study found that three of four hazardous waste sites investigated in 

the southern United States were located in primarily African American communities. 

In 1987, the United Church of Christ's Commission for Racial Justice released 

a nationwide study on the demographics of populations living near commercial 

hazardous waste facilities. The study found that the proportionofracialminorities was 

significantly greater than in communities without such facilities. 

Environmental factors play a key role in human development, health and 

disease. The science base for many issues in environmental health is not well developed. 

TheN ational Academy of Sciences reported in 1984 that the available infonnation base 

for 82 percent of major industrial chemicals does not include even minimal testing for 

their toxic properties. The most difficult challenges for environmental health today 

come not from what is known about thehannful effects of agents; ratherthey come from 

what is not known about the toxic and ecologic effects of the use of fossil fuels and 

synthetic chemicals in modem society. Even less is known about chemical mixtures, 

which is how most chemicals present themselves. 

High blood lead levels are among the most prevalent childhood conditions and 

the most prevalent environmental threat today, and is preventable. Lead exposure may 

be associated with learning problems, mental disabilities, mental retardation, reduced 

IQ scores, delayed development, impaired hearing, birth defects, seizures, coma and 

death. 1 

One in eight Americans live in families with incomes below the federal poverty 

level. Twenty-five percent of children under the age of six live below the federal poverty 

level. For many chronic diseases (e.g., cancer), people oflow income are at greater risk 

than people of higher income. African Americans are the largest minority group in the 

U.S., and make up 12% of the U.S. population. One in three African Americans lives 

in poverty. African American men experience a higher risk of cancer than non-black 

men and high blood pressure, poornutrition, alcohol and drug abuse are more common 

among African Americans than caucasians.2 Hispanic Americans face the most varied 

setofhealth problems of any group. For example, Mexican Americans have lower rates 

of strokes while Puerto Ricans have the highest rates; infant mortality is highest among 

Puerto Ricans and lowest among Cubans. Asian and Pacific Islander Americans are 

the third largest minority group in the U.S., and the most heterogeneous. There is the 

least amount of health data for this group than for any other group. American Indians 

3 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

D. GOALS FOR OSWER ENVIRONMENTAL JUSTICE TASK FORCE 

4 

and Alaskan Natives are the smallest of the minority groups, consisting of over 400 

federally recognized nations. Poverty is also a major risk factor among this group.3 

D. GOALS FOR OSWER ENVIRONMENTAL JUlSTICE 

TASKFORCE 

The OSWER AssistantAdministrator(AA) created the OSWEREnvironmental 

Justice Task Force and established its mission on November 29, 1993. The OSWER 

Task Force's effort within the programs administered by OSWER is to be undertaken 

in conjunction with the Administrator's effort to develop an EPA-wide environmental 

justice strategy. 

In keeping with EPA Administrator Carol Browner's goal of achieving 

"Environmental Justice for All," the AA stated that the mission of the OSWER 

environmental justice Task Force is to: 

" ... examine how (OSWER) could better address the concerns ofminoritypopulations 

and/or low-income populations about the manner in which EPA manages public health 

and environmental risks under the jurisdiction ofOSWER programs .... The TaskForce 

shall assess options and make recommendations on how EPA can more effectively 

address environmental justice issues across all OSWER programs." 

The OSWER Environmental Justice Task Force examined a variety of goals 

suggested by the participants and focused on the two goals developed by the Agencywide Environmental Justice Task Force. The Agency-wide goals as currently drafted 

are: 

GOAL I Achieve Environmental Protection for All 

Achieve environmental protection for all, so that no segment of the population, 

regardless of race, national origin or income, bears disproportionately high and adverse 

effects of environmental pollution and that all peoples benefit from clean and sustainable 

communities. 

Objective 1 : Using input from environmental justice stakeholders, 

identify and prioritize affected communities and populations. 

Objective 2: In partnership with the affected communities and 

populations, address disproportionately high and adverse human health or 

environmental impacts. 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT 

D. GOALS FOR OSWER ENVIRONMENTAL JUSTICE TASK FORCE 

GOAL II Educate and Empower Affected Communities 

Educate and empower affected communities, community and othernonprofit 

organizations, Federal, tribal, state and local governments, academic institutions, 

business and industry to ensure early participation in environmental issues, fonn 

partnerships, achieve enviromnentaljusticeandto helppromotesustainablecommunities. 

Objective 3: Enhance outreach, communication and partnership. 

Objective 4: Promote development of sustainable communities 

and increase access to financial assistance. 

Objective 5: Build on existing minority academic institutions 

programs to provide for increased participation of affected communities 

within the Agency. 

Objective 6: Achieve environmental justice at all levels of 

government. 

No conflicts were seen by the OSWER Task Force members between the 

Agency-wide goals and those being examined by OSWER. Out of this examination, 

the Task Force began to develop an overall OSWER strategy and to identify major 

OSWERenvironmental justice issues. Six key areas were the focusofthe Taskforce's 

recommendations. They were: 

1} Empowering communities, improving OSWER programs' 

communications with these communities, and establishing trust of EPA 

in the communities; 

2) Incorporating environmental justice concerns into all OSWER decisionmaking and eliminating any potential for discrimination; 

3) Increasing the priority of consideration of environmental justice issues 

on a national and Regional basis and in our relationships with States; 

4) Incorporating environmental justice issues into OSWER risk 

assessment and risk management processes, including consideration 

of multiple/cumulative risk; 

5) Integrating consideration of economic redevelopment and job creation 

with environmental justice; 

5 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

D. GOALS FOR OSWER ENVIRONMENTAL JUSTICE TASK FORCE 

6 

6) Developing employees and new job candidates who are well-trained 

and sensitive to environmental justice issues. 

Healthy People 2000: National Health Promotion and Disea:re PreventiQn 

Objectiyes. U.S. Department of Health and Human Setvices. October 1990. 

2 Th·~ 

~-

3 llilil. 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

CHAPTER 2 

OSWER TASK FORCE MEMBERSHIP AND 

OUTREACH EFFORTS 

The OSWER Task Force sought input from a broad array of stakeholders 

in developing their recommendations. An essential component of this 

effort was to involve a broad spectrum of stakeholders from the 

beginning of the OSWER Task Force's deliberations and establish a direct line 

of communication so that environmental justice issues addressed in this Task 

Force report received scrutiny throughout its development. This final draft will 

be shared with EPA's Environmental Justice Federal Advisory Council for their 

review and comment. 

A. OSWER TASK FORCE MEMBERSHIP 

The OSWER Task Force was comprised of 67 members representing all 

OSWER programs, other EPA offices (i.e., Office of Environmental Justice (OEJ), 

Office of Communication and Public Affairs (OCEPA), Office ofEnforcement (OE), 

Office of General Counsel (OGC), Offi.ceofPolicy, Planning and Evaluation, (OPPE), 

and Office of Research and Development (ORO)), Regions 3,4,5,6,7,8, and 9, the 

National Association of Remedial Project Managers, and the National On-Scene 

Coordinators Association. Representatives of the Agency for Toxic Substances and 

Disease Registry (ATSDR), the U.S. Department of Justice (DOJ), and the National 

Institute ofEnvironmental Health Sciences (NIEHS) also served on the OSWER Task 

Force. 

The OSWER Task Force met seven times and discussed its outreach strategy 

at each meeting. The members provided contact names and suggestions for outreach 

activities. Extensive amounts of infonnation were shared at the meetings and the 

OSWER Task Force members, in tum, kept their parent programs infonned. 

B. INTERNAL OUTREACH 

1. REGIONAL VISITS 

The OSWER Task Force visited Regions 3, 4, 6 and 9 to engage in dialogue 

on environmental justice issues. These Regions were selected because the environmental 

justice issues they have encountered represented a wide array of issues considered 

throughout the country. These visits included meetings with Hazardous Waste Division 

Directors and other senior Regional managers, the Regional Environmental Justice 

Coordinators, Regional environmental justice Advisory Boards, Regional OSWER 

Task Force Members, and Regional environmental justice Quality Action Team 

members. In addition, the OSWER Task Force contacted the following groups: 

· Community Relations Coordinators 

7 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

B. INTERNAL OUTREACH 

8 

· Resource Conservation and Recovery Act (RCRA) Public Involvement 

Network 

· On-Scene Coordinators 

· Remedial Project Managers 

·Superfund Branch Chiefs 

· RCRA Branch Chiefs 

· Site Assessment Managers 

· National Priorities Ust (NPL) Coordinators 

· Chemical Emergency Prevention and Preparedness Office (GEPPO) 

Coordinators 

· Superfund Amendments and Reauthorization Act (SARA) Title Ill 

Coordinators 

·Technical Assistance Grant (TAG) Coordinators 

· Indian Coordinators 

· Waste Management Division Directors 

· Regional Counsels 

· Regional/Deputy Regional Administrators 

· Federal Facility Coordinators 

· Public Affairs Staff 

· Congressional Affairs Staff 

The Regional visits provided a valuable opportunity to exchange infonnation 

on various Region-specific environmental justice issues. The Regional visits also 

offered insight to the OSWER Task Force' sdeliberations in developing an effective set 

of recommendations. 
OSWER ENVIRONMENTAL JusncE TASK FoRCE DRAFT FINAL REPORT 

C. EXTERNALOUTREACH 

2. Meetings with OSWER Task Force Chairman 

The OSWER Task Force Chairman met with each of the six OSWER Office 

Directors and with Senior Managers from the Offices of Environmental Justice, 

Enforcement, General Counsel, and Civil Rights to solicit their input on the OSWER 

environmental justice Strategy. 

3. Other Internal Outreach Efforts 

The OSWER TaskForce reviewed the OSWER-relatedenvironmentaljustice 

activities which were conducted by each EPA Region during FY 1993. The TaskForce 

chainnan discussed the draft strategy development status with Regional Waste 

Management Directors at their quarterly meeting on January 20, 1994, in Santa Fe, 

NM, and with Superfund Branch Chiefs on February 22, 1994, in New Orleans, LA. 

OSWER staff discussed the status of the development of these recommendations with 

Regional Community Relations Coordinators in Philadelphia, PA, on February 1, 1994 

and at the National Site Assessment Conference in Albuquerque, NM in Apri11994. 

C. EXTERNALOUTREACH 

EPA held a meeting/teleconference on January 10, 1994, at Headquarters with 

representatives from several organizations that have expressed an interest in discussion 

of environmental justice issues. The OSWER Task Force chairman also sent letters to 

over 500 concerned environmental justice stakeholders, asking them to identify their 

key environmental justice issues, recommendations, and proposed solutions for EPA's 

consideration. This outreach method proved very effective and the various comments 

were incorporated into the environmental justice strategy. Responses were received 

from 17 external organizations. The distribution list included: 

· National Community Groups 

· Local Community Groups 

· State & Local Governments 

· National & Regional Tribal Representatives 

· Industry Representatives 

·Trade Associations 

· National Advisory Council for Environmental Policy and Technology 

(NACEPT) Community Issues Workgroup 

9 
OSWER ENVIRONMENTAL JUSTICE TASK foRcE DRAFT fiNAL REPORT 

D. STAKEHOLDERS 

10 

In addition, outreacheffons were extended to include the Department of Justice 

(DOJ) and various health agencies (Indian Health Service, ATSDR, 1\IIEHS and the 

Bureau ofPrimary Health which includes theN ational Health Service Corps (NHSC)), 

and DOJ. OSWER Task Force members also briefed key Congressional staff on the 

major recommendations contained in this report. 

D. STAKEHOLDERS 

The OSWER Task Force, for purposes of this report and its recommendations 

considered the following groups to be stakeholders in considering environmental justice 

issues: 

· Community Organizations 

· Nonprofit Organizations 

· Environmental Organizations 

·Business 

· Industry 

·Academia 

· Federal, State and Tribal Governments 

·Labor 

E. COMMUNICATION ISSUES 

OSWER will continue to reach out to our many and varied stakeholders on how 

best to address environmental justice issues with regard to waste programs. OSWER 

expects the dialogue to continue as implementation plans are developed lby Regions and 

Headquarters waste programs to address the major recommendations of this report. 
OSWER ENVIRONMENTAL JuSTICE TAsK FoRCE DRAFT fiNAL REPORT 

CHAPTER 3 

OSWER-WIDE ENVIRONMENTAL JUSTICE 

ISSUES AND RECOMMENDATIONS 

I

ssues and recommendations related to the following ten subject areas are 

mcluded in this chapter: 1) establishing guidelines for environmental 

ustice; 2) Title VI of the Civil Rights Act; 3) cumulative risk; 4) Geographic 

Information System (GIS); 5)internal and external outreach, communications 

and partnerships; 6) economic redevelopment; 7) contracts, labor and grants; 

8) Federal Interagency Cooperation; 9) Native American{fribal issues; 10) 

internal training, organization and program implementation. Each of these 

areas has implications for all OSWER programs and recommendations pertaining 

to each of them will be addressed in implementation plans. 

A. ESTABLISHING GUIDELINES FOR 

ENVIRONMENTAL JUSTICE 

Background 

The Agency is working to create parameters to define environmental justice 

concerns. The Agency is currently using and evaluating several tools to create these 

parameters. These tools, such as the Geographic lnfonnation System (GIS) and other 

infonnation management systems focus on demographics, pollution sources and 

geography. 

lssut;. Need for a means to identify circumstances that raise environmental 

justice issues. 

Establishing means to identify sites that raise environmental justice issues is 

critical to addressing environmental justice concerns. 

Regnnmeo<latiop: Establish guidelines for identifying communities with 

environmental justice issues that ensure a measure of 

flexibility while contributing consistency across the 

Regions. 

Interim guidelines that promote a measure of consistency, but still provide for 

Regional and programmatic flexibility, are warranted. The guidelines would be used 

by the Regions to identify sites that either raise or would be likely to raise environmental 

justice issues. Guidelines could take the fonn of specific questions that EPA officials 

would consider on a site-specific basis. Questions could address existing environmental 

risks and health effects, the racial and ethnic makeup of an affected community, relative 

income levels, educational backgrounds, past regulatory practices, and the perspective 

provided by local community leaders. The guidelines might also list various scenarios 

that would tend to indicate an environmental justice situation, such as the filing of a Title 

VI complaint Under this proposal, areas detennined to fall within the guidelines would 

11 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

B. TITLE VI OF THE CIVIL RIGHTS ACT 

12 

be targeted for additional public participation and outreach efforts, pilot initiatives, 

multi-media compliance and enforcement efforts, and, to the extenlt practicable, 

OSWER-directed grants. 

First, this recommendation would help facilitate the development ofunifonn 

practices and procedures while avoiding the use of inflexible definitions thatdonottake 

into account site-specific dynamics. Second, it would give priority to aJreas that need 

it most, and could help erase perceptions of bias associated with paiSt regulatory 

practices. Third, it is consistent with discussions taking place within the EPA's 

Environmental Justice Policy Work Group. Fourth, it would not detract from prior 

practice within the Regions, but rather, would serve as supporting guidan1ce. Fifth, this 

recommendation would not involve allocation of new resources and could ultimately 

bring about reduced costs by attempting to address potential problems before they arise. 

B. TITLE VI OF THE CIVIL RIGHTS ACT 

Background 

Title VI of the 1964 Civil Rights Act generally requires that any program or 

activity receiving Federal financial assistance be implemented in anon-discriminatory 

manner. 

Title VI of the Civil Rights Act of 1964 provides that: 

No person in the United States shall, on the grounds of race, color, ornational origin, 

be excluded from participation in, be denied the benefits of, or be: subjected to 

discrimination under any program or activity receiving Federal financial assistance. 

Although Congress enacted Title VI during a period of great conce:m with public 

school desegregation, the statute is not limited to discrimination in education; Title VI 

also directs all Federal departments and agencies to effectuate its proviisions through 

the issuance of rules, regulations or orders of general applicability. 

Under EPA's implementing regulations, recipients and applicants are required 

to assure compliance with Title VI in order to receive EPA financial as:sistance. Title 

VI requires that any program or activity receiving federal financial assistance be 

implemented in anon-discriminatory manner. OSWER programs administer a variety 

of grants and cooperative agreements through which EPA financial assistance is made 

available for State and local programs and activities. Applications for EPA financial 

assistance must contain compliance infonnation regarding the recipie:nt program or 

activity to be funded. 
OSWER ENVIRONMENTAL JuSTICE TASK foRCE DRAFT fiNAL REPORT 

B. TITLE VI OF THE CIVIL RIGHTS ACT 

On February 11, 1994, President Clinton issued Executive Order 12898 

entitled "Federal Actions to Address Environmental Justice in Minority Populations 

and Low-Income Populations." The order directs federal agencies to conduct their 

programs, policies and activities "that substantially affect human health or the 

environment" in amannerthat ensures they do not have the effect of subjecting persons 

to discrimination on the basis of race, colorornational origin. However, Section 6-608 

of the order states that "federal agencies shall implement the order consistent with, and 

to the extent pennitted by, existing law." 

~ OSWER needs to develop a strategy to respond effectively when 

OSWER funded State programs or activities are challenged as 

violating Title VI. 

Several Title VI complaints have been filed predicated on claims that Stateimplemented RCRA programs have produced discriminatory effects. The Office of 

Civil Rights (OCR), which has primary responsibility for the Agency's implementation 

of Title VI, has recently accepted these complaints for investigation. 

A Title VI comp1aintcould affect federal fundingofauthorized State pennitting 

programs fornew hazardous waste facilities. In the case of anew facility, OSWERmay 

retain authority over issuance of a portion of the required permit, and, pending a Title 

VI investigation, might be called upon to make the final determination concerning 

issuance of a pennit. 

In making pennitting decisions, OSWER does not have the authority to 

consider allegations in a Title VI complaint that are not related to protection ofhuman 

health and the environment. The Resource Conservation and Recovery Act (RCRA) 

does not give OSWER authority to consider purely socio-economic impacts when 

making a permitting decision. Section 3005(c) ofRCRA provides that EPA "shall 

issue a pennit" to a facility in compliance with the requirements of RCRA. Section 

3005(c)(3) requires EPA to add to a pennit such terms or conditions necessary to 

protect human health and the environment. EPA has intetpreted this latter provision 

to authorize denial of a pennit to a facility in extraordinary circumstances where EPA 

determines that there are no additional permit tenns or conditions that would address 

unacceptable risk that would be posed by a facility's operation. Thus, where 

complaints or comments alleging discrimination concerning a RCRA facility are 

related to adverse effects on human health or the environment, EPA has authority to 

consider and respond to those concern generally by adding more restrictive operating 

conditions. 

The criteria for denying a penn it under RCRA do not include claims of bias 

based on race or income that are not related to risk to human health or the environment. 

In light of this situation, OSWER officials -- particularly those implementing RCRA 

--need guidance on how to respond when Title VI claims arise. A statutory amendment 

to RCRA, however, would be required to allow EPA to base pennitting decisions on 

13 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

B. TITLE VI OF THE CIVIL RIGHTS ACT 

14 

environmental justice concerns that are unrelated to protection of human health and the 

environment (e.g., allegations of purely socio-economic discriminatory effects). 

Beoommendatjop; OSWER programs should establish a strategy to respond 

effectively to environmentaljustice complaints raising 

health-related concerns. 

Title VI claims raise issues that stretch beyond the scopeofOSWER programs. 

Ultimately, the Agency as a whole must develop a strategy for how its offices should 

respond to these types of complaints. Thus, OSWER should work closdy with other 

officials across EPA to help develop a strategy that takes into account OSWER's 

unique perspective. Concurrently, however, OSWER must proceed to d(:velopinterim 

solutions that will provide the Regions with the guidance needed to respond effectively 

when confronted with Title VI complaints that affect waste program ac:tivities. 

Some experience in addressing the derivative effects of a Title VI complaint 

already exists in the context of the RCRA pennitting program. Recently, Region 6 

requested guidance on how to respond to environmental justice-based challenges to the 

issuance ofEP A's portion of a RCRA penn it. In response, OSWER Headquarters sent 

a memorandum stating that the Region should be prepared to address all e:nvironmental 

justice comments before arriving at any final pennitting decisions. 

Based on RCRA standards, OSWER programs have a duty to evaluate new 

pennits to ensure that they would not pose an unacceptable risk to human health or the 

environment. Thus, where complaints or comments alleging discrimination concerning 

a RCRA facility are related to disproportionate effects on human health or the 

environment, EPA has authority to consider and respond to those concerns in taking 

action on a penn it application. Since environmental justice complaints are often based 

on the threat of unhealthy environmental exposures, OSWER would be justified in 

refusing to issue a new pennit pending full consideration of potential health effects. 

During the interim period of evaluation, several options exist. 

Beoommendatiop; Encourage mediation and possibly discussion of alternate 

sites, and, in serious cases, consider performing risk 

assessments, in the absence of an existing risk assessment. 

Pending full evaluation of threats to human health, RCRA p~rmit officials 

should attempt to work closely with the State to encourage dispute settl1:::ments among 

stakeholders which would involve mediation and could focus on explai111ing the actual 

levels of risk posed and could include discussion of alternative sites. Bringing all parties 

to the table and attempting to resolve dispute through this manner of fac~ilitation is the 

most desirable first step. Before issuing a permit, the state and EPA should review 

environmentaljusticeconcerns and the level of public involvement to ensure consistency 

with EPA and State standards and policies. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

B. TITLE VI OF THE CIVIL RIGHTS ACT 

Where the affected community is already burdened with significant levels of 

exposure based on the presence of multiple pollution sources, consideration should be 

given to performing or encouraging the State to initiate a risk assessment, in the absence 

of an existing risk assessment. In cases where a risk assessment has already been 

performed by the State or permittee, OSWER would review the contents to ensure its 

accuracy and assess the incremental risks. OSWER could also, in appropriate 

circumstances, use its authority under RCRA Section 3013 or 40 CFR 270.1 O(k) to 

compel the permittee to carry out a study or risk assessment This option may not be 

well received by the community due to low community confidence in a risk assessment 

performed by the permittee. 

Itisimportanttonotethatgiventhefactthatfacilitiesmustoperatewithinstrict 

regulatory limits, a risk assessment on a facility operating in compliance of RCRA 

regulations would not be expected to routinely demonstrate that the facility is outside 

an acceptable risk range. Furthermore, in the event that a risk assessment demonstrated 

unacceptable risk to humanhealthorthe environment, EPA could impose permit terms 

or conditions beyond those in the regulations to address such risk. Only if EPA 

determined that no additional permit terms or conditions could be designed that would 

protect human health and the environment, could EPA deny the facility a permit. 

Recornrneodatjop: Explore the possibility of using early baseline health 

evaluations, as appropriate. 

One approach OSWER should explore further is whether, as appropriate, 

baseline evaluations of community health could serve as a screening tool for determining 

where risk assessments may be appropriate. To the extent this proves feasible, such 

evaluations should be performed at the earliest possible point in the permitting process, 

when the public has an opportunity to participate in the discussion. Under this proposal, 

where public health evaluations revealed serious public health concerns in the vicinity 

of a proposed facility, OSWER might opt to perform or require a risk assessment that 

focused on the incremental health risks associated with the new facility, in the absence 

of an existing risk assessment. There are resource concerns associated with this option, 

although the use of public health evaluations as a screening tool might help limit costs. 

Remmmend3tion; The Regions, OSWER, OGC and OCR should routinely 

communicate pro-actively on Title VI issues. 

OSWER and the Regions should stay in close contact with the Office of Civil 

Rights (OCR) and the Office of General Council (OGC) since the majority ofTitle VI 

environmental justice related claims received by EPA have been made in association 

with OSWER related programs. OSWER, the Regions and OCR should consult 

regularly to determine what ideas and resources can be leveraged to resolve complaints 

informally and obtain compliance by recipients. 

15 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT 

C. CUMULATIVE RISK 

16 

Reqmunepdatiop: Perform periodic reviews of State-authorized pt·ograms to 

ensure compliance with Title VI. 

As a preventative measure, OSWER could help finance OCR and other EPA 

programs periodic Title VI compliance reviews of recipient programs a:nd activities. 

EPA's implementing regulations allow for Agency review of recipient programs and 

activities for compliance with Title VI. Such oversight activities could address 

potential Title VI concerns before complaints are flled. Resource limittations could 

severely restrict the frequency of such review. 

Berommepdatjon; Require States to comply with Title VI as a condition for 

referral or authorization under Superfund. 

As part of any referral or authorization, OSWER, in accordance with Title VI, 

must insist that States avoid discriminatory implementation of the clean1up program. 

C. CUMULATIVE RISK 

Background 

Cumulative risks 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) pollution sources. An Agency effort is now underway to explore 

cumulative risk from a given source or facility when background risk l,evels for that 

population in the vicinity of that facility are at or near levels of concer:ns for health. 

Additional discussion of cumulative risk can be found in the Superfund section of this 

report in the Program-Specific Chapter. 

~ Inadequate science to measure cumulative risk. 

Answers to the following· questions will enhance the Agency's ability to 

measure cumulative risk: 

What are the appropriate risk assessment methods for cumulative risk? 

How should cumulative risk be considered in making (site-specific) pennitting, 

siting, national priorities listing, remediation, and enforcement decisions? 

How should cumulative risk be considered in making regulatory decisions? 

How can infonnation such as total pollution loadings, be used for decisions in 

the interim before cumulative risk methods are developed? 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

D. GEOGRAPHIC INFORMATION SYSTEM (GIS) 

Remmmenclation: Support Agency efforts to develop scientifically valid 

standards for measuring cumulative risk. 

First, OSWER supports amendments to Superfund that would fund 

demonstrationprojectsdesignedinparttofashionappropriatecumulativeriskassessment 

teclm.iques. This approach has the attraction of providing OSWER and the Agency 

with the time needed to experiment with various models and select a sensible analytical 

approach with potential for widespread future application. Second, OSWER has 

requested that the newly established Science Policy Council include cumulative risk 

analysis as one of its top priorities. Third, OSWER should work in cooperation with 

other EPA offices and other Federal agencies to help craft viable methodological tools 

to be tested under the auspices of future demonstration projects. 

D. GEOGRAPHIC INFORMATION SYSTEM (GIS) 

Background 

Developing a strategy for the use of GIS to identify communities with 

environmental justice concerns is the focus of a major Agency-wide effort. InFalll993, 

EPA held a three-day GIS conference in Washington, D.C., at which officials from 

across EPA headquarters and the Regions attended. The major objective of the 

conference was to establish common protocols, definitions and implementation plans 

for use of GIS. OSWER officials have participated actively in the process of 

developing GIS capabilities. 

With GIS, EPA can access spatially referenced data bases of demographic and 

economic information, sources of pollution and pollution burden on the environment. 

Using this information, EPA analysts can identify known sources of pollution, spatially 

relate these sources to demographic information, and identify geographic areas where 

sources of pollution appear to have a disproportionately high and adverse health or 

environmentaleffectsonminoritypopulations,low-incomepopulationsandeducationally 

disadvantaged populations. 

The uses of GIS for environmental justice analysis stem from its ability to 

organize and present detailed demographic information on all types of sites and 

facilities from Superfund to RCRA. Channeling this ability into applications for 

environmental justice work within OSWER creates a powerful tool for both 

communication and analysis. 

Presentationofbasic demographic data (e.g., ethnicity, race, income level, age, 

etc.) describing the population characteristics surrounding sites and facilities of interest 

17 
OSWER ENVIRONMENTAL JuSTICE TASK FoRCE DRAFT FINAL REPORT 

E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS 

18 

is the typical service provided by GIS within Agency Headquarters. These demographic 

data fonn a springboard for detailed policy analysis. 

~ Need for consistent GIS data. 

Until all Regions and programs have access to GIS infonnation, we will not 

be able to screen for communities with potential environmental justice concerns. The 

issues involved in attaining this capability include resources for equipment, trained 

personnel, improved location longitude and latitude coordinates for facilities and sites, 

and agreement on acceptable analysis techniques and procedures. 

BemiiJIDelldation: Support OARM and ORD in developing GIS aapabUity 

throughout the Agency. 

OSWERshouldsupportEPA'sleadoffices,theOfficeofAdministrationand 

Resources Management (OARM) and the Office of Research and Development 

(ORO), in developing GIS capability throughout the Agency. They ue developing 

national GIS support. This national database will work toward more consistent data 

and GIS tenn definitions for Headquarters and Regions. 

Remmrnenclatjon: Develop compatible and appropriate Agency-wide 

approaches. 

Regions and Headquarterprogramoffices should use GIS andothe:rinfonnation 

systems such as CERCUS, RCRIS and RELAI to proactively identify and address 

potential environmental justice concerns. 

OSWER should w01x closely with other EPA offices and the Regions to 

develop compatible Agency-wide approaches to GIS, which utilizes the appropriate 

GIS systems based on the needs of the analysis. 

E. OUTREACH, COMMUNICATIONS AND 

PARTNERSHIPS 

Background 

OSWER has functions devoted to external outreach spread throughout each of 

the program offices. 
OSWER ENVIRONMENTAL JUSTICE TASK FoRCE DRAFT FINAL REPORT 

E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS 

1. External Outreach and Communication 

~ Current outreach may not effectively communicate to all stakeholders. 

A variety of external stakeholders have expressed the view that waste programs 

in EPA have not always fully communicated their actions and activities to affected 

communities. 

Regmunenctatjop: Develop a public education and outreach program for 

communities likely to have OSWER-related environmental 

justice concerns 

OSWER with the Regions should consider developing a public education and 

outreach program for communities likely to have environmental justice concerns in the 

proximity of OSWER-regulated facilities. As a model, OSWER has initiated a pilot 

program with the National Association for the Advancement of Colored People 

(NAACP) to assist in communication and facilitation of issue resolution with minority 

populations and low-income populations. 

Recommepdatjop: Ensure community outreach by locating most accessible 

forms oflocal media. 

To ensure effective community outreach, OSWER community relations 

officials should evaluate local media to identify the publications, radio stations, and 

television outlets that enjoy the broadest exposure. For example, Region 4 has found 

the strategy of identifying popular media outlets to be critical to its successful response 

activities in Tift County, GA . 

.Recommeoclatjop: Develop program-specific and community/minority specific 

publications strategies. 

OSWER should examine its publication process to detennine how to build in 

consideration of different types of stakeholders, such as sensitivity to the type of 

language and photographs used, vocabulary and level of complexity, the ability to 

easily translate the document, means of distributing the document, and discussion in the 

document that directly address environmental justice issues where applicable. 

In addition, OSWER programs, for example, should develop outreach 

materials that identify and communicate policy for responding to environmental justice 

issues associated with their activities, providing a consistent Agency message. These 

materials could also highlight success stories and profile ongoing environmental justice 

activities. 

19 
OSWER ENVIRONMENTAL JuSTICE TASK FoRCE DRAFT fiNAL REPORT 

E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS 

20 

Bemrnmentlatjon: Explore ways of expanding translation services. 

Currently, the Agency depends substantiallyoncontractorsupportfortranslation 

services, particularly when dealing with Asian communities. EPA should explore 

hiring translators to work on Regional community relations staff versus continuing to 

use contractor support. 

Regional offices should be encouraged to rely on local volw11teers to help 

communicatewiththecommunity,reviewdocumentsforaccuracyandtargetappropriate 

media. In one instance, a local resident warned Region 9's community relations 

officials not to issue Spanish language fact sheets since illiteracy was widespread in his 

community. As a result, infonnation was broadcast over Spanish radio .and television 

and effective communication was achieved. 

OSWER and the Regions may consider reevaluating existing publications for 

translation needs, developing an Emergency Translation Service Capability and 

including translation services in response action contracts. 

Bemrnmeotlatjon: Conduct Regional environmental justice public: forums. 

Each Region should conduct an environmental justice public fomm open to all 

interested stakeholders. The Regional forum meetings will be schedul4~ biannually, 

and will address implementation of OSWER 's environmental justice strategy, as well 

as site-specific concerns arising within each Region. 

Recommendation; Coordinate with recently established Subcommittee on 

Waste of the first National Environmental Jusltice Advisory 

Council on environmental justice to focus on 

implementation of the OSWER Task Force's 

recommendations. 

The Agency has announced the fonnation of the first National Environmental 

Justice Advisory Council. OSWER has worked with OARM to create a subcommittee 

on waste. OSWER will work with the Agency-wide council as well as the subcommittee 

on waste. OSWER should direct the subcommittee to address the followilng objectives: 

1) advise OSWER in the implementation of environmental justice Task Force 

recommendations; 2) identify opportunities to demonstrate recommended actions; 3) 

advise OSWER on issues that arise at specific sites; and 4) evaluate the success of 

OSWER's activities. This recommendation will further strengthen our external 

outreach and communications activities on environmental justice. 

Bemmmentlatjon: Explore use of Regional environmental educa1:ion grants to 

promoteenvironmentaljustice education. 

EPA's Office of Environmental Education Grants funds grants for $5,000 or 

less by Regions for environmental education. Local education agencies, State 
OSWER ENVIRONMENTAL JuSTICE TASK foRcE DRAFT fiNAL REPORT 

E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS 

education agencies, colleges or universities or not-for-profit organizations and other 

groups are eligible recipients. The law requires that a specified percentage of appropriated 

funds be awarded for these grants. OSWER should explore using these Regional grants 

to get education money to organized community groups on environmental justice issues. 

In addition, the Office ofEnvironmental Justice also funds small grants to local entities 

for these purposes. 

Becommeodatjop: Future contracts to staft' EPA hotlines should include a 

requirement of access to translation services for nonEnglish speaking persons. 

OSWER has a toll-free hotline to disseminate up-to-date infonnation to the 

public on Resource Conservation and Recovery Act (RCRA), Superfund, Emergency 

PlanningandCommunityRight-to-Know(EPCRA),andUndergroundStorageTanks 

(UST). The hotline 's central functions are to field questions and provide infonnation 

on federal EPA regulations. The present contractor has always employed a Spanishspeaking person, although this is not required by the contract. For future contracts to 

staff the hotline, OSWER should require that the contractor provide access to multilingual translation services. 

Recornrnen<latjon: OSWER should more eft'ectively communicate the limits of 

its authority. 

In discussions conducted with various Regions as part of the OSWER 

Environmental Justice Task Force activities, the following message arose repeatedly, 

and should fonn an integral part of all outreach activities: OSWER needs to more 

effectively communicate the limits of its authority and resources; that is, what it can and 

cannot do. This issue bears particular relevance to the Superfund program since it must 

undertake more aggressive community outreach and is often the only point of contact 

communities have with EPA officials. This recommendation notwithstanding, where 

reasonable requests are made that merely require the attention of other parts ofEP A or 

other Federal or State agencies, OSWER officials have a responsibility to direct 

citizens to the appropriate parties (see section on Federal Interagency Cooperation). 

2. Partnerships 

Background 

Given the key role of business, industry, labor and other stakeholders in waste 

programs, OSWER has begun to explore how it can worlc. more effectively in 

partnership with these entities. OSWER believes that such partnerships have relevance 

to addressing environmental justice concerns. 

21 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS 

22 

~ Need to increase business and industry role in addressing 

environmental justice issues. 

As previously discussed, EPA and States are often limited in authority and 

resources in their ability to respond to environmental justice concerns. Industry, 

however, may have more flexibility within the community to develop cooperative 

programs to resolve environmental justice issues. 

Bemmmeodatiog: Develop guidance for making business and industry a key 

player in addressing environmental justice issues. 

If OSWER were to bring business and industry explicitly into the: dialogue on 

environmental justice issues, OSWERmay be able to ensure that community. business 

and industry views are mutually shared. Creative solutions to enviromn.entaljustice 

issues may result from this dialogue. The OSWER Task Force recommended that a 

guidance be developed to address joint pannerships with industry. 

Specifically, the OSWER Task Force suggested the following joint activities: 

Initiate focus groups with all stakeholders, and promote communication 

between EPA, business and industry on environmental justice issues .. Conduct a 

conference that brings community representatives and other stakeholders together with 

industry to discuss what each side can do to address environmental justice concerns. 

Select specific facilities where industry and business are willing to meet 

directly with community leaders. Representatives should discuss and listen to 

community concerns and recommendations. Industry and business should also be 

willing to discuss risk, siting and otherenvironmentaljusticeconcems. OSWERshould 

analyze the results of these activities and incorporate the lessons learned into guidance 

development 

Examine cases where communities have been able to encourage industry to 

modify their approach to address environmental justice issues. 

Based on what is learned through these activities, OSWER should develop 

guidance for addressing environmental justice issues where industry an<ll business are 

major players. 

~ Need to consider role of labor groups 

Labor groups offer valuable information on matters of workc~r health and 

safety, worker training, and identification of combined residentia]Jindustrial exposure 

scenarios. Labor groups have indicated to the OSWER Task Force their desire for 

OSWER to factor their input into this report's recommendations. 
OSWER ENVIRONMENTAL JusncE TAsK fORcE DRAFT FINAL REPORT 

E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS 

Bap1DD113Jdation; Enter into partnerships to resolve issues that do not fall 

exclusively under OSWERjurisdiction. 

Like the above discussion, OSWER should explore partnerships with labor 

andotherstakeholders to help resolve issues that extend beyond OSWER' sjurisdiction 

and resources. 

llsau:i. Need to expand opportunities for community participation. 

Many communities near hazardous waste sites, including low-income, minority 

and tribal populations, may not have had an opportunity to fully participate in the 

cleanup process. These communities believe that remediation programs do not address 

local concerns adequately when addressing risk or determining the method and level of 

cleanup. Further, local community members may not have had the educational and 

training opportunities to be able to fully participate in the economic benefits of cleanup. 

Bap1DD113Jdationi Expand environmental workforce curriculum and develop 

pilots with community colleges, labor organizations, 

universities and other worker training groups. 

One of the most effective means of assuring local involvement in the cleanup 

decision-making process is to train residents for potential environmental employment 

opportunities. Community colleges provide an existing avenue for achieving that goal. 

The Environmental Workforce Initiative that EPA is piloting at Tri-C in Oeveland, 

OH, to develop an environmental cleanup curriculum will be expanded through the 

Hazardous Materials Training and Research Institute HMTRI to other community 

colleges in environmental justice communities around the nation. These will be linked, 

whenever possible, to brownfields pilots, offering in some communities a holistic 

approach to economic redevelopment. 

In addition, unions have been leaders in hazardous materials training for 

workers and community members. OSWER needs to evaluate these programs as 

models for expanding our current training efforts. 

3. Internal Outreach and Communications 

Background 

OSWER wants to ensure effective internal outreach and communication with 

regard to environmental justice. This involves policy development and regulation 

developnent 

23 
OSWER ENVIRONMENTAL JusncE TASK FoRCE DRAFT fiNAL REPORT 

F. ECONOMIC REDEVELOPMENT 

24 

~ Need to ensure attention is focused on environmental justice~ in policy, 

regulatory and guidance development. 

The Agency, as amatterof policy, requires the consideration of e1wironmental 

justice in policy and regulatozy development OSWERhasnotconsistently implemented 

this policy. 

Beeonmaulation: OSWER to issue a directive requiring consideration of 

environmental justice in aU policies, guidances und 

regulations 

The Assistant Administrator of OSWER will sign a directive:s instructing 

program offices within OSWER and the Regional waste programs to consider 

environmental justice issues in developing policies, guidances, and regulations. 

F. ECONOMIC REDEVELOPMENT 

Background 

Economic development oppornmities may arise and should b~ explored in 

conjunction with many activities that also promote environmental justice. This section 

primarily addresses opportunities for economic redevelopment (i.e., returning 

contaminated sites to economically productive use). Such efforts are increasingly 

blocked by uncertainty about future tort, third party and Superfund (or JRCR.A, UST, 

or other) liability, as well as uncertainty about costs, cleanup standards and time 

involved in cleanup. This uncertainty causes many potential invesltors to avoid 

developing the sites. As a result, the affected communities suffer :mch adverse 

economic effects as declining property values and increased rates ofun·~mployment. 

This phenomenon has reen tenned the "Brownfields dilemma." 

~ Patterns ofEnvironmental "Redlining" and ''Landbanking" 

The practice ofbanks refusing to provide loans for sites they per<:eive as ooing 

contaminated is known as "redlining" and may oo a major driving for1::e oohind the 

brownfields dilemma. Lenders allegedly "redline" a property oocause, in the absence 

of reassurances to the contrary, they may anticipate enforcement action on any 

previously industrial site. In addition, "landbanking" occurs when property owners, 

from small businesses to large corporations, decline to either expand operations on 

existing property or tzy to sell property they own oocause site contamination and 

remediation costs may exceed the value of the property. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

F. ECONOMIC REDEVELOPMENT 

Bemmmepdatjon: Explore the use of enforcement tools (in coordination with 

the Office of Enforcement) to stimulate brownfields 

development. 

One option for combating this phenomenon that EPA is already considering 

under its Superfund Administrative Improvements initiatives, is to expand its use of 

agreements that would give prospective purchasers a covenant not to sue. To 

accomplish this, EPA may want to considermodifications to "Guidance on Settlements 

with Prospective Purchasers of Contaminated Property" (OSWER Dir. 9835.9). 

Pursuant to this Guidance, EPA has limited its use of prospective purchaser covenants 

not to sue to sites at which "enforcement action is anticipated" A limitation ofliability 

would lend some certainty regarding the investment/remediation costs a new investor 

is likely to face at a contaminated site. 

OSWER may also want to consider responding to requests for covenants at 

sites where EPA does not anticipate enforcement action with alettersuggestingthatthe 

Agency does not currently anticipate enforcement action at this site. While such a letter 

would fall far short of a covenant not to sue, it may provide lenders with some assurance 

that the given property is notlikely to be subject to an enforcement action by the United 

States. 

It should be noted that the prospectivepurchaserlanguagein the Administration's 

proposal to reauthorize Superfund would, if passed, alleviate much of the current 

burden on parties that qualify as a "bona fide prospective purchaser" by providing a 

mechanism by which they could be exempted from Superfund liability. 

lame& Uncertainty with environmental assessments. 

Environmental assessments are conducted routinely on commercial property 

prior to sale in order to identify any environmental contamination on the property. 

Environmental assessments have become a routine part of commercial real estate 

transactionsasaresultofSuperfundliability. Section 101(35)ofCERQ.Astatesthat 

in order for an owner of real property to qualify for the "innocent landowner'' defense, 

the party must have undertaken at the time of acquisition "all appropriate inquiry into 

the previous ownership and uses of the property ... " The statute does not, however, offer 

a precise definition of what would constitute "all appropriate inquiry." 

Bem:mmendation: OSWER should support private efforts to conduct and 

define "all appropriate inquiry." 

Several private professional groups are currently developing standards for"all 

appropriate inquiry." At some future date OSWER may want to consider evaluating 

and commenting on the adequacy of those standards. OSWER should also infonn 

private parties trying to obtain infonnation about the previous ownership and uses of 

a property of publicly-available infonnation sources, such as pennitting data and 

CERO.IS (and GIS infonnation as it becomes available). 

25 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

G. CONTRACTS, GRANTS AND LABOR 

26 

Remmmenclatjon: Continue to implement ''brownflelds" pilot projects. 

The Qeveland "Brownfields" pilot to retumcontaminatedinner-c:ityproperties 

to productive use is another example of using partnerships to address elllvironmental 

justice needs. This project is founded on a strong partnership between EJPA, the State 

of Ohio, the Cuyahoga County Planning Commission, and the communities surrounding 

the pilot sites. By recognizing the common interest these parties have in revitalizing 

inner-city Cleveland, this project will help overcome the obstacles that have kept these 

blighted areas from thriving. The pilot funds the assessment of hazardous substances 

and potential sites within the brownfields area. 

Building upon the example of the Cleveland pilot, the OSWER Task Force 

recommends expanding the brownfields pilots to include seven additional areas. 

G. CONTRACTS, GRANTS AND LABOR 

Background 

Communities throughout the nation, through public forums and other means, 

have clearly expressed a desire for EPA to do what is necessary to increase ·employment 

opportunities for local labor and to generally reduce the economic and SO<:ial "stigma" 

associated with Superfund sites and other waste facilities. It is the policy of the Federal 

government that a fair proportion of government contracts and subcontra•cts be placed 

with small and disadvantaged businesses. 

To ensure that small and disadvantaged businesses obtain a fair proportion of 

contract awards, agencies together with the Small Business Administration (SBA) set 

percentage goals for small and disadvantaged business awards. It is important to note 

that these are goals and not rigid quotas, and the extent to which the goals have been 

met is reported to Congress each year. Public Law 101-507, EPA's Appropriations Act 

of 1990, requires that 8% of federal funds for contracting be made available to small 

and disadvantaged businesses. In 1992, EPA actually awarded 15.7% of its total 

contracting dollars to small and disadvantaged business concerns. 

Locallabortypically tends to consist of small businesses, and there are various 

mechanisms described in the Federal Acquisition Regulations (FAR) to promote 

contract awards to small and disadvantaged businesses. These include "set asides," 

which enable agencies to reserve contracts for award only to a designated group, and 

can be total or partial. Also included are the Section "8(a)" program and policies 

favoring "labor sutplus areas," both of which are extensively discussed in the FAR. 
OSWER ENVIRONMENTAL JumcE TAsK FoRCE DRAFT fiNAL REPORT 

G. CONTRACTS, GRANTS AND LABOR 

While many Federal government acquisitions are too large for small businesses 

to participate as prime contracts, they may be able to participate as subcontractors. 

Thus, several policies have been developed to encourage the maximum possible 

participation by small business subcontractors. 

Agencies may include an incentive clause in negotiated contracts under which 

a contractor may increase its profit by a designated percentage of the extent to which 

the actual awards to small businesses exceed the percentage negotiated and included in 

the clause. FAR 52.219-10. 

A s1,1bcontracting plan, typically included by EPA in its contracts for site 

cleanup, must include goals for the use of small and disadvantaged business and small 

disadvantaged business concerns, along withotherinfonnation and assurances relating 

to the contractor's planned efforts to utilize small business to the maximum extent 

possible. 

Small and Disadvantaged Businesses 

Section 8(a) of the Small Business Act authorizes SBA to enter into contracts 

with other Federal agencies and to perfonn those contracts by subcontracting to 

"socially and economically disadvantaged small business concerns." 

"Socially and economically disadvantaged small business concerns" means 

any small business: (1) at least 51 percent owned byoneormore socially disadvantaged 

(e.g., presumptively including African Americans, Hispanic Americans, Native 

Americans, Asian Pacific Americans, and Subcontinent Asian Americans) and 

economicallydisadvantagedindividuals;and(2)whosemanagementanddailybusiness 

operations are controlled by one or more of such individuals. 

Under the 8(a) program, SBA assists disadvantaged small businesses in 

contracting opportunities with the Federal government. SBA helps procuring agencies 

identify potential 8(a) contracts and match the needs of 8(a) finns with potential 

contract opportunities. 8(a) contracts under $3 million may be awarded on a noncompetitive basis, whereas8(a)conttactsexceeding$3million(exceptformanufacturing 

which has a thresholdof$5 million)mustbeprocuredcompetitively. The 8(a)program 

offers an effective means to stimulate growth of small and disadvantaged businesses 

over a period of time so that these finns may be self-sustaining, competitive entities in 

the market place. 

Policies Favoring "Labor Surplus Area" Concerns 

"Labor swplus area" means a geographical area identified by the Department 

of Labor as an area of concentrated unemployment or underemployment or an area of 

labor surplus. The contracting officer may set aside the entire amount of a procurement 

for labor surplus area(LSA) concerns when there is a reasonable expectation that offers 

27 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

G. CONTRACTS, GRANTS AND LABOR 

28 

will be obtained from a sufficient number of responsible LSA concerns so that awards 

will be made at a reasonable price. LSA requirements can be met through contractors 

or subcontractors. 

l5mti, Need to rmd ways to increase use of local labor. 

The issue, simply put, is how can EPA do more to achieve greater small 

business and local labor content from a contracting perspective, while re:maining in 

compliance with the FAR and other relevant requirements. Despite the mechanisms 

currently in place there is a widespread belief among both the public and many EPA 

personnel that more must be done to encourage the use of local labor and to increase 

education efforts in the communities. 

Bemmmendation: Evaluate possible changes to the award process which 

would promote increased use of local and small and 

disadvantaged businesses 

OSWER, worldng with the Office of Acquisition Management, shCiuldexplore 

possible changes to the bidding process that would facilitate greater panicipation by 

small and disadvantaged businesses and benefit local communities. For c~xample, 1) 

establish during contract perfOimance local "fair share" disadvantaged business goals 

under the small disadvantaged goals of the subcontract plan agreed to at time~ of contract 

award; 2) decrease bonding requirements for local fmns; and 3) have prime contractors 

provide 30-day advancenoticetolocal companies bypublishingsubcontractopportunities 

in local newspapers. 

These initiatives would promote increased use of local minority and 

disadvantaged businesses, yet may require deviations from the FAR or amf:ndments to 

the EPA Acquisition Regulations. 

Recommendation: Use existing FAR provisions to benefit small and 

disadvantaged businesses. 

For all new contracts, the Regions should consider adding language into their 

Request for Proposals (RFPs) that give more points to those finns that would 

subcontract to small disadvantaged businesses and have the TEP criteria reflect this. 

OSWER could also expand reliance on existing FAR provisions that establish 

monetary incentives for subcontracting with small and disadvantaged businesses. For 

example, OSWER could draft incentive clauses allowing contractors to increase award 

fees to the extent small/disadvantaged business utilization exceeds negotiated percentage 

goals. OSWER should encourage greater use ofF AR 52.219-10, the incentive clause 

in negotiated contracts which provides clear monetary incentives for contractors who 

exceed their contract subcontracting goals to small and small disadvantaged business 

concerns. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT 

G. CONTRACTS, GRANTS AND LABOR 

Becommepdatjon; Require contractors to keep track of money spent in the 

community. 

In addition, OSWER could require Waste programs' contractors to report 

amounts of small and disadvantaged business awards in local communities, which the 

Agency could then incorporate into progress reports issued to the public. OSWER 

could also take steps to research local community capabilities and increase community 

interaction outside of the contracting process. Once again, this could help promote use 

oflocal businesses. 

However, it might lead to higher costs as contractors seek to pass on the 

reporting expense. In addition, EPA would need to obtain OMB clearance, under the 

Paperwork Reduction Act to implement a new reporting requirement. 

Bemrnmenclatjop; Establish a dialogue with contractor groups. 

OSWER will establish a dialogue with contractor groups regarding 

environmental justice issues and solicit their support in use of local labor to augment 

the economic base of the communities (e.g., Hazardous Waste Action Coalition). 

OSWER will also begin a dialogue with the Office of Enforcement to determine the 

feasibility of considering environmental justice and employment of local labor in 

settlement discussions with the potentially responsible parties. 

Recommendation: Establish local consultation committees. 

OSWER will explore: 1) establishing local consultation committees that 

include representatives from minority businesses and the Chamber of Commerce that 

would help EPA identify local employment opportunities and publicize potential 

contracting opportunities; 2) using the committee to defme scope and pattern of work 

in a manner that facilitates opportunities for small and disadvantaged businesses; 3) 

working with the Office of Enforcement on the possibility of including provisions in 

consent decrees at Superfund sites that require either EPA or responsible parties to 

complete, at the 50% remedial design point, an evaluation of availability and capabilities 

of the local labor pool. 

Recommendation; Fully implement the Mentor-Protege Program. 

OSWER will work with EPA's Office of Small and Disadvantaged Business 

Utilization (OSDBU) to fully implement the Mentor-Protege Program, which is 

currently being piloted in Superfund Response Action Contracts. This program, which 

is administered through the OSDBU, is designed to stimulate the participation of small 

disadvantaged businesses in EPA contracts by fostering long term relationships 

between large contractors and small and disadvantaged businesses. 

The Mentor-Protege program provides incentives to large contractors to share 

their managerial and technical expertise with smaller firms throughout performance of 

29 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

H. FEDERAL INTERAGENCY COOPERATION 

30 

a contract, to help such finns develop the necessary expertise to compete successfully 

for future EPA prime and subcontract opportunities. 

OSWER's Mentor-Protege program currently focusses on perfonnance-fee 

type contracts where EPA can evaluate and recognize a contractor's Jperfonnance 

assisting a protege finn. In addition, contractors may receive additional credit in 

evaluation for contract award for participating in this program. OSWER expects 

participation in this program to foster a broad range of experience that c~m be applied 

across other Agency programs. 

Remrnmeodatiop; Consider regulatory and statutory changes. 

OSWER should in the long tenn: (1) evaluate the results ofthe above efforts 

in increasing use of local labor and promoting environmental justice goals; and (2) 

explore implementing stronger actions as appropriate (e.g., seek statutory authority, 

anddeviationsfromFARrequirements,executiveorder,etc.)tofullymeetenvironmental 

justice objectives. 

Remmmemtatjon; Include language that gives priority to Environmental 

Justice concerns in grants and cooperative agreements. 

OSWER will work with the Grants Administration Division to explore 

incorporating special conditions for contracting goals (not set asides), if the impacted 

community is directly benefited by meeting these goals, e.g., site-specific: cooperative 

agreements. Minority Business Enterprise/Women Business Enterprise goals are 

currently included in grants under40 CFR 31.36(e). 

H. FEDERAL INTERAGENCY COOPERATIOI'I 

Background 

There are a many other Federal agencies with whom EPA must work to 

accomplish our responsibility of protecting human health and the environment. Some 

of these agencies are: Agency for Toxic Substances and Disease RegistJry (ATSDR), 

U.S. Department of Justice (DOJ), the National Institute of Environmental Health 

Sciences (NIEHS), DeparttnentofHousing and UrbanDevelopment(HUD), Department 

of Agriculture (USDA), Department of the Interior (DOl), and the many other Federal 

agencies that own or operate facilities regulated by OSWER. With the issuance of the 

Environmental Justice Executive Order, the Federal government will increase the 

emphasis on interagency cooperation. 

Certain examples of how OSWER is working together with othc~r agencies to 

ensure environmental justice already exist At the RSR Superfund site in West Dallas, 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

H. FEDERAL INTERAGENCY COOPERATION 

TX, the Superfund program has joined forces with HUD to work with the Dallas 

Housing Authority to abate indoor and outdoor lead contamination. EPA Administrator 

Carol Browner and HUD Secretary Henry Cisneros have both visited the site to bring 

attention to this effort This partnership is an example of the kind of work that can and 

must be done to alleviate environmental risks in low income and minority communities. 

There are at least two majornational health agencies that have a designated role 

in the Superfund program and that also have the intent, interest, and ability to assist in 

addressing many of the outstanding environmental justice health science issues. The 

Agency for Toxic Substances and Disease Registry (A TSDR) was created in 1986 to 

implement the health related sections ofCERCLA (as amended). The health mandate 

is the basis for the Agency's mission "to prevent or mitigate adverse human health 

effects and diminished quality oflife resulting from exposure to hazardous substances 

in the environment'' The National InstituteofEnvironmental Health Science (NIEHS), 

one of the National Institutes of Health, is a world center for research into human health 

effects from chemical pollutants. 

ATSDR has in place a Minority Health Program which addresses the possible 

impacts on minority populations from potential exposure to hazardous substances. The 

goals of this program are: (1) to develop a comprehensive demographic profile of 

communities living near hazardous waste sites and other sources of hazardous 

substances; (2) to detennine the relationship between identified adverse human health 

outcome and hazardous substances in minority communities; (3) to develop and execute 

environmental risk communication and education programs and to mitigate and prevent 

adverse health effects from chemical toxicants in minority communities; and (4) to 

develop, promote, and support public health partnerships with Federal/Stateffriball 

local government, citizens, and health professionals and enable them to work together 

to prevent, or mitigate adverse health effects and diminished quality of life resulting 

from exposure to hazardous substances in the environment. 

The mission ofNIEHS is to reduce the burdenofhumanillness and dysfunction 

from environmental exposures by understanding each of three elements-environmental 

exposures, individual susceptibility and time - and how they interrelate. NIEHS 

achieves its mission through multi-disciplinary biomedical research programs, prevention 

and intervention efforts, and communication strategies that encompass training, 

education, technology transfer, and community outreach. 

Emphasis is placed on: research into the basic mechanisms of environmental 

disorders; research into the environmental causes of diseases of public health import; 

clinical studies on clinical research; and enhanced science base for public policy 

decisions and health programs. 

The Superfund Amendments and Reauthorization Act (1986) authorized 

NIEHS to conduct grant programs for basic research and worker health and safety 

training for hazardous substance handling and emergency response. The basic research 

component is a unique program of basic research and training grants directed towards 

31 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT 

H. FEDERAL INTERAGENCY COOPERATION 

32 

understanding, assessing, and attenuating the adverse effects onhwnanhealthresulting 

fonn exposure to hazardous substances. Grants made under this program are for 

coordinated, multicomponent, interdisciplinary programs. 

~ Avoid possible duplication of effort between EPA and health ugencies. 

There are anumberof common goals relating to environmentaljus1ticethat are 

being pursued by both the health agencies and EPA: obtaining more demographic 

infonnation about the residents living near hazardous substance sites, ensuring that 

health professionals are adequately educated about effects of hazardous substances, 

filling data gaps about toxic substances, using more outreach to locate workers in 

communities with environmental justice concerns who need training, removing 

impediments to training workers in communities withenvironmentaljustic'e concerns, 

and building trust among the communities. However, without close coordination and 

cooperation, the effort to achieve these goals will be duplicated, time and money wasted 

and the attainment of trust within the communities thwarted. 

Bemmmendation: Improve coordination between the agencies. 

Coordination is an important way to avoid duplication of effort. The 

Interagency Working Group mandated in the Executive Order will ensure coordination 

on Environmental Justice issues among Federal agencies. OSWER will pallticipate in 

this effort. The OSWER Task Force recommends that someone be appointed as an 

Environmental Justice liaison for OSWER, designated to coordinate with, at a 

minimum, ATSDR and NIEHS. Duties of the liaison should include communicating 

regularly with the liaisons from the other two agencies, distributing infonnation to 

people within their own agency regarding activities in the other agencies, and acting as 

a point person for infonnation. 

OSWER may also help facilitate increased coordination of exchange of 

exposure data that EPA, ATSDR and NIEHS have for the purpose of the Geographic 

lnfonnation System (GIS). 

Bemmmendation: Explore other means of cooperation with other F1ederal 

agencies 

An effective future strategy for environmental justice will require an increase 

in cross-programmatic and interagency cooperation. The Environmental Justice 

Executive Order recognizes this by calling for interagency model projects that show 

cooperation among agencies. Thus, OSWER should continually seeks ways to leverage 

the resources and authorities of other Federal, State and local agencies. 

EPA's experience at Superfund sites in particular highlights the nc~d for such 

partnerships. Communities frequently request services that the Superfwld program 

does not have authority to provide. One of the most frequently requested items is 

medical treatment to address health problems associated withexposuretooollltamination. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT 

H. FEDERAL INTERAGENCY COOPERATION 

Citizens in affected communities may also ask for responses from Superfund officials 

that would most appropriately be directed to other EPA program offices such as the air 

and water programs. 

The Administration's Superfund reauthorization proposal addresses this in 

part by calling for the funding of demonstration projects addressing multiple sources 

of risk linked to HUD and USDA empowerment zones. Under this proposal, EPA 

would leverage the resources of other agencies participating in the HUD and USDA 

empowerment zone initiatives in an effort to provide more far-reaching, multimedia 

solutions to communities' environmental problems. 

OSWERshouldexplore options withHUD and USDA empowerment zones in 

as many ways as possible. The money available through this HUD and USDA initiative 

might be used to help fund multimedia cleanups, innovative new approaches to risk 

analysis, lead abatement initiatives, pollution prevention efforts, public education and 

training, economic redevelopment efforts, and enhanced community involvement. 

OSWER should also work with HUD to explore the potential of collaborating 

on HUD' s new Step-Up initiative. This initiative combines the resources of organized 

laborwiththeneedsofthecommunitytotrainnewworlc.ersfromthecontarninatedand 

impoverished communities to improve housing, lead base paint abatement and other 

hazard abatement. HUD has already formed collaborations with DOL, OOJ and HHS 

and they welcome EPA's participation. 

OSWER should also aggressively explore the range of authorities available 

throughout the Federal government to examine whether, under such authorities, 

communities impacted by exposure to contamination could receive health benefits 

currently beyond EPA's authority to provide. Joint projects with ATSDR can serve as 

one avenue of enhancing delivery ofhealth services. The Administration's proposal to 

free up Superfund money for health benefits on a demonstration basis also represents 

a step in the right direction. OSWER also needs to aggressively explore other less 

traditional partnerships as well, however, with emphasis on HHS authorities. Thus, 

OSWER should determine what benefits HHS can provide communities suffering from 

environmental health effects. 

For example, OSWER should also explore other options that may be available 

through the Public Health Service. The National Health Services Corporation and the 

MatemalChildHealthPrograrnsmayhaveresourcesavailabletorespondtocornmunities 

plagued by medical problems associated with toxic exposure. 

~ Community's solutions are beyond EPA's authority. 

In many of the communities impacted by OSWER-regulated facilities, there 

are concerns that often go beyond the scope of the environmental statutes we are 

administering, such as health and housing issues. In order to address these concerns, 

other Federal agencies need to be involved. 

33 
OSWER ENVIRONMENTAL JusncE TAsK FoRCE DRAFT fiNAL REPORT 

H. FEDERAL INTERAGENCY COOPERATION 

34 

Reqmunenda,tjon; Regions establish environmental justice pilot pn1~ects 

working with another Federal department or age~ncy and 

explore development of interagency Regional Councils. 

TheOSWER TaskForce recommends thateachRegionexplore ways in which 

we can work cooperatively with one or more other Federal agencies and include State, 

Tribal and local governments, as appropriate, to address the environmental, but also 

othercitizenconcems(e.g.,housing,healthcare,employment)inaspecifici::Ommunity. 

Thisincreasedfocusonpartnershipswillensuremorecompletesolutionstocommunities' 

environmental, human health, and related needs. 

In addition, OSWER should encourage Regions to develop Regional Councils 

comprised of such Federal agencies as HUD, USDA, HHS, Department of Labor 

(DOL), Department of Commerce, Department of Interior (001), Bureau of Indian 

Affairs (BIA), DOD, ATSDR, the Bureau ofReclamation and the Corps of Engineers 

to respond to community needs at Superfund sites. Region 6 has already i11dtiated such 

an effort as a result of the problems routinely faced by the region's Superfund program. 

Similar efforts could be undertaken in other regions. 

Bemmmendation: Continue to participate in A TSDR 's minority he:alth 

program (e.g., Mississippi Delta Region Project). 

ATSDR's Mississippi Delta Region Project's goal is to prevent or mitigate 

adverse health effects on minority and disadvantaged populations impacted by 

environmental hazards, including toxic waste and pollution. This goal will be pursued 

jointly with other Federal agencies (EPA, NIEHS, Centers for Disease Control (CDC)), 

State and local health departments, local community groups, and institutions ofhigher 

education, particularly those that serve large minority populations. In addition to 

serving as a model of cooperation among Federal, State and local health agencies, the 

Delta Project will: identify environmental hazards, including toxic wastes that may 

impact on the health of people in the Delta; evaluate (in association with State and local 

health agencies and academic institutions in the Delta region) the public health impacts 

of identified environmental hazards; increase the awareness of health care providers 

who practice in the Delta Region about the adverse environmental health impact of 

identified hazards; enhance capacity building in State and local health departments to 

address environmental public health problems; and through collaborativt~ effort with 

the EPA, increase the awareness of environmental hazards among students at the 

Headstart Centers, preschool and primary through college level institutions in the Delta 

Region. Currently, the needs assessment phase of the project is being conducted in 

collaboration with the Minority Academic Institutions (MAl). The Hispanic and 

Native American Initiatives are preliminary starts to this effort. 

The three agencies should work together to accomplish the goals of the 

Mississippi Delta Project. 
OSWER ENVIRONMENTAL JusncE TASK foRCE DRAFT fiNAL REPORT 

I. NATIVE AMERICAN/TRIBAL ISSUES 

I. NATIVE AMERICAN/TRIBAL ISSUES 

Background 

The unique legal status of Tribal governments requires a EPA-wide and 

OSWER-wide coordination. There is a current EPA-wide initiative underway to 

strengthen tribal environmental programs. The Administrator's Senior Leadership 

Team forTribal Operations will be developing additional solutions to issues identified 

in this section of the report. Additional program-specific issues and recommendations 

can be found in the following chapter of this report . 

.la.sJ.u:;. Development of Tribal capacity and/or full implementation of Federal 

programs. 

On Indian Lands, there are two principal avenues for environmental protection: 

l)developmentofTribal capacity and theauthorizationofTribes to operate environmental 

programs in lieu of the Federal government and/or 2) the implementation of Federal 

programs in partnership with a Tribe. In addition, the Agency supports the voluntary 

cooperation between State, Tribal and local governments to resolve environmental 

issues of mutual concern. However, Tribal representatives believe that neither of the 

two principal avenues have been sufficiently implemented in Indian Lands. Tribal 

representatives believe that this can only be achieved through the further development 

of Tribal environmental programs or the full implementation of Federal programs. 

Recgrpmenclation: OSWER will continue to support the efforts of the EPA 

Senior Leadership Team for Tribal Operations. 

OSWER should continue to support the effort currently underway by the 

Administrator's Senior Leadership Team for Tribal Operations and OSWER should 

developactionplanstorespondtotherecommendationsdevelopedbytheAdministrator's 

team. 

Recgrpmenclatjon: Examine ways to provide additional resources for and 

technical assistance to Tribal governments to address 

Tribal environmental protection. 

OSWER should examine ways to provide funding to Tribal governments that 

will enhance their capacity to implement OSWER programs. In addition, OSWER will 

examine options available to fund Federal implementation ofOSWER programs when 

a Tribe does not implement such programs. OSWER should also explore other 

alternatives for providing resources such as providing training and infonnation on 

pollution prevention, management options, innovative technologies and Regional 

environmental protectionnetworlcs. 

35 
OSWER ENVIRONMENTAL JuSTICE TASK FoRCE DRAFT FINAL REPORT 

I. NATIVE AMERICAN/TRIBAL ISSUES 

36 

Kemmmendatjon: Improve communication and initiate pilots with CJtther 

Federal agencies on Indian Lands. 

Coordination and strategic resource allocation should improve: the Tribal 

governments' ability to implement regulatory programs. OSWER program offices 

should initiate pilots with other Federal agencies, including the Bureau of Indian 

Affairs, the Indian Health Service, USDA and HUD to develop the capacity of the 

Tribes to address overlapping programs and environmental problems. Assistance 

provided by the Federal agencies with responsibility for Tribal lands will be examined 

in relation to each agency's mandate and resource base. 

In addition, OSWER will explore options to improve communication and help 

facilitate a clarification of authority between agencies. This may be ac~::omplished 

through a Memorandum of Agreement. 

lsmc;. Need to improve EPA/Tribal communications 

Effective communication between EPA and the Tribes remains difficult for a 

variety of reasons. EPA should be clear about who is responsible for tribal issues within 

the Agency. Tribal governments should likewise designate a single point of contact or, 

in the case of smaller Tribes, an inter-tribal point of contact. 

Kemmmendatjon: Develop meaningful Tribal participation in EPA activities 

on a "government-to-government basis". 

OSWER should review Tribal interaction in its programs for major activities 

that affect Tribal populations. In confonnance with current Agency policy, the 

interaction should be on a "government-to-government" basis therebytreatiing tribes as 

governmental entities. OSWER will also coordinate with Tribal Consortia, when 

appropriate. Tribal Consortia are not governments, but official Tribal governments 

have the authority to authorize these consortia to act on their behalf. 

lsmc;. Need to account for special dietary habits of Native Americans in 

evaluating risk 

Exposure consumption patterns are different for tribes, as learn.ed through 

several studies, including the forthcoming one perfonned by the Columbia Intertribal 

Fish Commission The draft report being undertaken under an EPA grant suggests some 

populations face elevated health risks due to a larger ingestion of fish. J[n addition, 

ATSDR in cooperation with EPA, tribes and State agencies is studying consumption 

patterns of tribes, as well as male and female anglers and their children, in the Great 

Lakes region. Fish tissue analyses are being conducted, blood samples are being taken 

from Native Americans with subsistence lifestyles and fish consumption patterns are 

being studied. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT 

I. NATIVE AMERICAN/TRIBAL ISSUES 

Recmnmen«<ation: Support a national fish consumption analysis. 

OSWERshould support ongoing studies being conducted throughout programs 

in the Agency on fish consumption and factor these into their decision-making with 

regard to tribal exposure patterns. 

Becomrnendatjon: OSWER Sponsorship of Second National Tribal 

Conference on Environmental Management 

On May 23 - 26, 1994, OSWER will help sponsor the Second National Tribal 

Conference on Environmental Management. The event is being hosted and cosponsored by the Eastern Band of Cherokee Indians, in Cherokee, NC. The first such 

OSWER conference was held two years ago and about400people attended representing 

90Tribes. The conference planners are expecting many more people to attend this year. 

Travel assistance is being provided to Tribal representatives on an as-needed basis. The 

planned agenda, with 30 sessions over three days, has been developed based on 

suggestions from the Tribes. 

Ia.wc& Alaska Native Tribes 

In Alaska there are 236 federally recognized Alaska Native Tribes that are 

afforded the same general status as the Tribes in the lower 48 states. However, these 

Alaska Tribes do have unique legal and environmental concerns that are not shared by 

the other 309 Tribes in the lower 48 States. 

RecoiiJIDCQdation: Explore options in addressing unique concerns of Alaska 

Native entities. 

OSWER will work to cultivate an increased sensitivity to the problems faced 

by AlaskaN ative Tribes. Achieving environmental justice in Indian Lands in Alaska 

will require up-front education and training of OSWER staff and management in order 

to fully understand the Tribes' different environmental concerns within this unique legal 

status to the federal government. 

37 
OSWER ENVIRONMENTAL JuSTICE TASK FoRCE DRAFT FINAL REPORT 

J. INTERNAL TRAINING, ORGANIZATION AND PROGRAM IMPLEMENTA"nON 

38 

J. INTERNAL TRAINING, ORGANIZATION AND 

PROGRAM IMPLEMENTATION 

1. Employee Training 

Background 

OSWER recognizes that it workforce is not fully familiar with environmental 

justice issues. 

~ OSWER needs to educate its employees and the public on 

environmental justice issues. 

OSWER and the Regions should find ways to educate their many employees 

regarding environmental justice issues. Environmental justice training may be helpful 

to employees at all levels based on the role and responsibilities they assume within the 

organization, and the nature of their contacts with the public. 

Kecommendatiop: Educate OSWER and Regional employees on 

environmental justice issues. 

OSWER should develop a seminar or training curriculum for Headquaners 

and Regional waste programs employees to sensitize them to environmental justice 

issues. In addition, OSWER should emphasize how environmental justice concerns 

may arise in the employees' daily work and how to respond to those issues. 

2. OSWER Organizational Changes 

Background 

The OSWER Task Force also examined the current organizational strucnrre 

to detennine whether improvements could be made to better address environmental 

justice issues. 

~ OSWER 's activities outreach, environmental justice, economic 

redevelopment, and State/local and Tribal government relations are 

spread throughout OSWER organizations. 

OSWER' s current organizational structure has communications and outreach 

functions, and environmental justice functions spread throughout th.e individual 

program-specific offices. There currently is no organizational entity focusing on 

economic redevelopment issues relating to all OSWER waste programs. State and local 

government relations receive attention in the program-specific offic.~; however, 
OSWER ENVIRONMENTAL JuSTICE TASK foRCE DRAFT fiNAL REPORT 

J. INTERNAL TRAINING, ORGANIZATION AND PROGRAM IMPLEMENTATION 

organizations such as the National Governors Association, the AssociationofState and 

Territorial Solid Waste Management Officials and the International City/County 

Managers Association have expressed a desire for high level management attention and 

input into these relationships. Tribal groups have similarly expressed their desire for 

more senior management focus. 

Bemmrneodatjon: OSWER needs a centralized focal point and coordinator 

for environmental justice issues. 

The OSWER TaskForce recommended the establishment of a clear focal point 

with access to senior management to coordinate issues related to environmental justice, 

community outreach, State/local/tribal government and economic redevelopment 

issues and to establish an OSWERenvironmental justice worlc.groupwithrepresentatives 

across all programs to focus on these issues. One of the OSWER Deputy Assistant 

Administrators should be designated as the senior organizational focal point for 

environmental justice issues and activities. It was also recommended that a single 

person be designated as an Environmental Justice coordinator for the Assistant 

Administrator. 

3. Program Implementation 

Background 

Regions are currently implementing, under the oversight of the Superfund 

administrative improvements, certain creative approaches to addressing environmental 

justice issues at Superfund sites. 

~ Need to expand creative approaches to addressing environmental 

justice issues throughout Regional waste programs. 

Currently Regions are pursuing creative approaches in only one of the waste 

programs (Superfund); however, environmental justice issues also arise in the context 

of the other waste programs under EPA's control. 

Bemmmendatjon; Pilot new ideas for addressing environmental justice 

concerns in a specific geographic area. 

Each Region should look across their waste programs and select one additional 

project to pilot creative new ideas for addressing environmental justice concerns in a 

specific geographic area. Regions will nominate what will be the most appropriate 

project within their Region. 

39 
OSWER ENVIRONMENTAL JusncE TAsK FoRCE DRAFT FINAL REPORT 

This page imenlicnalleft blank. 

40 
OSWER ENVIRONMENTAL JuSTICE TASK foRCE DRAFT FINAL REPORT 

CHAPTER 4 

PROGRAM-SPECIFIC ENVIRONMENTAL 

JUSTICE 

ISSUES AND RECOMMENDATIONS 

This section of the Environmental Justice Task Force report sets forth 

OSWER program-specific issues and recommendations. 

A. RESOURCE CONSERVATION AND RECOVERY ACT 

(RCRA) 

Background 

Passed by Congress in 1976, the Resource Conservation and Recovery Act 

(RCRA) grants the Environmental Protection Agency (EPA) the authority to regulate 

the management of hazardous and nonhazardous solid waste. Congress then greatly 

expanded the scope of RCRA with the Hazardous and Solid Waste Amendments 

(HSWA) of 19fS4. Through these provisions, EPA has established a cradle-to-grave 

system of rules, many of which are implemented at the State level, covering the 

identification, generation, transportation, treatment, storage, and disposal of wastes. 

In the RCRA Subtitle C (hazardous waste) program, EPA strives to protect 

human health and the environment from the potentialhannful effects resulting from the 

mismanagementofhazardous wastes. One of the goals under RCRA is to minimize the 

amount of hazardous waste which is generated. The less hazardous waste generated, 

the less hazardous waste there is requiring management When industries do generate 

hazardous wastes, the next priority under RCRA is to ensure safe management of these 

wastes. This is accomplished through technical standards which govern the storage, 

treatment and disposal of these wastes. In the case where hazardous wastes are or have 

historically been mismanaged, the Agency then requires careful clean-up steps to be 

taken. 

Once generated, hazardous wastes are managed at facilities called Treatment, 

Storage, and Disposal Facilities (TSDFs) which are located throughout the country. 

These facilities are subject to both pennitting requirements and possible enforcement 

to ensure compliance with all EPA regulations. 

The environmental justice issues discussed in this section relate primarily to the 

siting and operation ofTSDFs. EPA has come to realize that certain segments of the 

population may be unevenly bearing the effects of hazardous waste management at 

TSDFs. Some investigations have shown that there are high percentages oflow-income 

populations and minority populations located near numerous TSDFs. Partly for this 

reason, the OSWER Environmental Justice Task Force was called together and has 

identified the following issues which need to be addressed in orderto more effectively 

respond to environmental justice concerns in the implementationoftheRCRA program. 

41 
OSWER ENVIRONMENTAL JUSTICE TASK FoRcE DRAFT fiNAL REPORT 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 

42 

The major environmental justice concerns to which the! following 

recommendations respond are: 1) siting of new RCRA Subtitle C (hazrurdous waste) 

facilities; 2) RCRA Subtitle C pennits; 3) public involvement in RCRA Subtitle C 

decision-making; 4) RCRA corrective action; 5) disproportionate impacts research; 

and 6) RCRA tribal implementation issues. 

1. SITING OF NEW FACILITIES. 

SitinggenerallyhasbeenalocallandusedecisioncarriedoutbyStateandlocal 

governments. RCRA Section 3004(0)(7), however, does direct EPA to "specify 

criteria for the acceptable location of new and existing Treatment, Storage and Disposal 

Facilities (TSDF) as necessary to protect human health and the enviromnent." 

Using this authority, EPA has issued technical location standards that restrict 

sitingin 100-yearfloodplains,seismicfaultzones,andsaltdomefonnationstunderground 

mines and caves. Furthennore, EPA recently prepared a draft rule proposing additional 

standards that would restrict siting in certain "environmentally sensitive locations," 

defmed on the basis of risks associated with geologic and geographic fteatures (e.g., 

seismic faults or areas with sinkholes). The preamble to this proposa1 would have 

sought comment on whether and how siting restrictions could address the threat of 

cumulative risk in environmentally distressed communities. The rule was never 

finalized. 

~ Under current regulations, EPA has limited authority to determine 

where a hazardous waste facility will be sited. 

ConcemshavebeenraisedthatRCRAfacilitiesmaybesiteddispmportionately 

in minority communities. There are currently only three technicallocatilon standards 

(40 CFR Part 264.18) that hazardous waste facilities have to comply with regarding 

siting: 1) 100-year floodplains, 2) seismic fault zones, and 3) salt dome! fonnations/ 

underground mines and caves. 

Almost 40 States have location standards that are more stringent than the 

existing three Federal regulatory requirements. Generally, States can pass siting laws 

much more easily than EPA because States often have simpler statutory standards. For 

example, they may not have to show that a siting standard is "necessary to protect 

human health and the environment" Therefore, setback distances do not have to be 

based on groundwater or air modeling data. 

Setback distances, which are defined as the State-required dist:mce from the 

property boundary of a TSDF to the nearest school, church, prison, 'etc., may not 

completely address environmental justice concerns, although some believe this to be an 

answer to the RCRA facility siting issue. Setback distances potentially may have a 

negative impact on environmental justice communities, and may be perceived as a bandaid approach. For example, setback distances could force siting in rural areas outside 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 

ofhigh density populations and such rural areas may be composed of a poor/minority/ 

less educated community. 

In considering appropriate future actions, a variety of options exist There are 

several avenues through which OSWER could attempt to influence State and local 

governments in the siting area. 

Bem:rnmeo<latjon: Form a siting work-group to evaluate location standards, 

environmental justice issues and setback distances. 

The Office of Solid Waste (OSW) should fonn a work group to evaluate a 

variety of siting issues such as; evaluating options for revising the technical geological 

location standards; review of existing and potential standards for siting hazardous 

waste facilities; environmental justice issues with siting; and the feasibility of setback 

distances. The work group will be involved in the next four recommendations listed 

below: 

Bem:rnmen<latjop: Develop siting guidance to provide technical assistance to 

State, tribal and local governments. 

OSW officials, working in conjunction with other interested parties, could 

develop a siting guidance document that would provide technical assistance on how to 

best site a hazardous waste facility in light of environmental justice concerns. 

Although non-binding, the document could serve as a catalyst for change. In 

developing this guidance, OSW would consult with State, tribal and local decisionmakers and politicians to discuss the dynamics associated with the siting of a hazardous 

waste facility. Ultimately, the goal would be to educate local decision-makers so they 

can make knowledgeable siting decisions that best seiVe the community they live in. 

Beco:rnmeo<latiop; Meet with State and local government organizations about 

EPA siting concerns. 

OSWER could seek to highlight siting concerns in discussions with State and 

local organizations such as the Association of State and Territorial Solid Waste 

Management Officials, the National Governors Association, the National League of 

Cities, and the National Conference ofMayors. Dialogue could focus on policy options 

and their limitations. 

RecoJDJJJeQdation; Compile a national summary of State, tribal and local 

siting requirements with environmentaljustice 

components. 

Compile a national summary of all 50 States on their experience with siting 

issues such as setback distances, local decision-making processes, and patterns of 

43 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 

44 

discrimination with siting. This type of information has been sought by States and 

would be invaluable in providing models for their own State siting standards. 

Res;ommendatjop: Include siting principles into State Capacity Assurance 

Plan (CAP) guidance. 

EPA guidance concerning State Capacity Assurance Plans (CAPs) could 

incorporate siting principles that take into account concerns raised by disadvantaged 

communities. In fact, a 1993 repon prepared by theN ational Governors Association 

and reflecting the viewpoint of State and local government, the business community, 

and environmental groups, contained model language for addressing environmental 

justice issues, which EPA could replicate in the CAP guidance. 

Res:ommendatiop: Incorporate environmental justice priorities into annual 

RCRAimplementation Plan. 

OSWER could ensure that environmental justice priorities are included in the 

annual RCRA Implementation Plan, which the Regions use to set piiorities when 

negotiating the State work plans and grant allocations. 

Res;ommendatjop: Craft a grant condition to State grant agreements to 

require States to consider environmental justice concerns 

when making siting Decisions based on protectilng human 

health and the environment. 

OSWER should attach a grant condition to State grant agreements that require 

States to consider human health and environmental concerns thatadversdy impact low 

income and minority populations. Grant conditions must be directly related to the goals 

of a statute pursuant to which the grant is awarded and thus environmental justice 

criteria or conditions in the grant must relate to RCRA goals such as protection of 

human health and the environment. 

2. RCRA PERMITS. 

~ Need to respond to environmental justice complaints that alrise during 

permitting process. 

RCRA does not contain explicit or implicit authority entitling EPA to deny a 

permit based on environmental justice concerns that are not related to risk to human 

health and the environment. However, the omnibus provision fO\md at section 

3005( c)(3) allows EPA to add permit conditions necessary toprotecthwnanhealth and 

the environment In theory, if no permit conditions could be written that would 

adequately protect against the identified risk, then EPA could justify permit denial. 
OSWER ENVIRONMENTAL JusncE TASK FoRCE DRAFT FINAL REPORT 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 

Bemmmendatjop: Establish strategy to respond effectively to all 

environmental justice issues raising health-related 

concerns. 

As noted in the Title VI section of this report, OSWER should fully consider 

health risks related to environmental justice concerns prior to issuance of a final 

detennination on the pennit. During the ensuing period, EPA could attempt to mediate 

the situation through various channels of communication. Inhighlyvolatile situations, 

where risks to human health and environment are found, a risk assessment could be 

perfonned or be required by EPA in appropriate circumstances, presuming one has not 

already been perfonned. 

In order to try to identify environmental justice concerns early on, OSWER 

should explore the possibility of using, in certain circumstances, public health 

assessments at the outsetofthepennittingprocess as a tool forgaugingpotentialhuman 

health concerns in communities affected by a proposed facility. Thus, where such 

assessments revealed serious preexisting health problems, OSWER would focus on the 

incremental risks associated with the facility and respond accordingly. Relevant 

discussions would occur during the public involvement phase of the pennitting cycle 

in order to ensure that decisions reflect community concerns. To the extent this proposal 

is viable, it would not apply in every instance but rather would be considered based on 

the merits of each case. 

3. RCRA PUBLIC INVOLVEMENT. 

~ Public involvement in RCRA siting and permitting decisions may not 

be adequate. 

Concerns have been raised thatRCRA siting and pennitting decisions are made 

without sufficient meaningful public involvement CurrentRCRA public involvement 

requirementshaveonlytwopointsforfonnal participation(draftpennitandmodification 

stages). Each Region has approximately one person dedicated to this function. RCRA 

public involvement coordinators have similar responsibilities as the Superfund 

Community Relations Regional specialists; however, RCRA has nowhere near the 

resources, high visibility or support as its Superfund counterpart. 

OSW is currently drafting a proposed public participation rule that should 

expand public involvement opportunities during the RCRA pennitting process. The 

goal is to encourage earlier, more meaningful community involvement In this way, the 

proposal is similar conceptually to ideas raised in association with Superfund refonn. 

Specific items include requiring a pre-applicationmeetingwith the affected community, 

public notification upon receipt of pennit application and prior to trial bums, and 

multilingual fact sheets and translators in predominately non-English speaking 

communities. The rule may also require the creation ofinfonnation repositories within 

45 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 

46 

affected communities. The proposal would also request additional su;ggestions for 

responding to environmental justice concerns. 

Kemmmeoclatjop: Increase number of Regional community relations 

personnel. 

More than one RCRA public involvement coordinator is needed per region to 

implement the proposed rule on increased community involvement. The proposed rule 

should be finalized next year. 

4. RCRA CORRECTIVE ACTION. 

~&me:. Need for consistency across cleanup programs. 

RCRA corrective action facilities raise many of the same health and safety 

issues as Superfund sites, and therefore merit comparable responses. 

KemmmemJatjop: Examine whether priority setting method adequately 

considers environmentaljustice concerns. 

OSW officials should examine if current priority setting methods utilized for 

corrective actions adequately considers environmental justice concerns. 

RemmmemJatjon: Ensure that activities are consistent with Superfund 

program policies. 

Remedy selection decisions and pace of cleanup at corrective ac:tion facilities 

could, consistent with Superfund, factor in exposure to multiple source!! of pollution, 

including Federally pennitted releases. 

5. DISPROPORTIONATE IMPACTS RESEARCH 

~&me:. Combustion facilities' impacts on communities. 

Emissions from combustion facilities could potentially add to the multiple 

source exposure that some minority and low income populations experien,ce. Therefore, 

the environmental justice impacts of siting these facilities should be full.y considered. 

Kemmmeoclatjop: Perform demographics analysis around combustion 

facilities. 

OSWER should perfonn demographics analysis using GIS which examines 

the population and income around various combustion sites. The study also could 

examine the proximity of these sites to other potential sources of hazard, such asTRI 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 

sites, Superfund sites, etc. OSWER should seek, through the study, to infonn the 

Agency's combustion strategy by better understanding the distribution of minority 

populations and low-income populations surrounding hazardous waste combustors. 

6. RCRA TRIBAL IMPLEMENTATION ISSUES. 

~ Tribal capacity and program implementation options need to be 

developed. 

Progiam implementation by tribes is one strong indicator of environmental 

justice, according to tribal representatives. As sovereign governments, tribes are the 

environmental managers on Tribal lands. Achieving true progress, however, may 

require statutory and regulatory changes (RCRA does not create an explicit role for 

tribal implementation of Subtitle C and other RCRA programs) as well as increased 

funding for tribal operations. 

Rrrommendatjon: Accelerate efforts to develop draft rule for Subtitle C 

hazardous waste authorization to tribes. 

Given the uncertainty associated with seeking legislative action to clarify the 

roles of tribes under RCRA, OSW should accelerate efforts to amend 40 CFR Part 271 

(state hazardous waste programs) to include tribes. OSW recognizes that Subtitle C 

authorization may not be necessary or appropriate for all tribes. There are other ways 

tribes can participate in the Subtitle Cprogram such as through cooperative agreements 

and/or grants. 

Rrrommeo<lation: Explore methods to enhance funding of tribal operations. 

EPA's financial suppon is crucial in helping tribes build organizational 

infrastructures, develop appropriate regulations and explore integrated waste 

management alternatives. OSWER should continue to provide increased technical 

assistance through in-house resources, grants and contract assistance. 

~ Increased need for coordination of environmental activities among 

Federal agencies leveraged resources. 

To accommodate budgetary shortfalls, OSW should explore ways to leverage 

resources and coordinate environmental activities with other Federal agencies. 

Bemmmendation; Expandinteragencycooperation. 

In order to increase interagency cooperation, OSW should: 1) promote the 

fonnation ofRegional inter-agency wolk groups to address waste management issues 

on Indian lands; 2) develop action plans with other Federal agencies to cooperatively 

assist tribes with waste management; 3) wolk with other agencies to ensure that 

47 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

A. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) 

48 

Congressional budgetary appropriations for tribal assistance go to the most appropriate 

agency; 4) promote and encourage voluntary partnerships among tribes, Federal 

agencies, States and local communities in order to further leverage resources and share 

expertise; 5) work with other EPA offices to provide multimedia solutions to 

environmental problems confronting tribes; and 6) continue to expand its association 

withtheBureauoflndianAffairs(BIA)andthelndianHealthService(IHS)inplanning 

and implementing waste management activities on Indian lands. 

Bemmmeodation: Expand the VISTA program to provide assistmce to 

Native Alaskan villages on solid waste management issues. 

Currently, OSW funds four Volunteers In Service To Ameri<;a (VISTA) to 

provide solid waste management assistance to Native Alaskan villages. OSW would 

like to duplicate its Alaska VISTA project with tribes throughouttheconlinental United 

States. In addition, a National Service Project is being proposed to build on this 

programmatic foundation. 

~ Need to enhance training and outreach activities, seek to IE~verage 

resources and coordinate environmental activities among l~ederal 

agencies. 

OSW is initiating outreach with the tribes to ascertain their ~~nvironmental 

justice concerns. Once a frameworlc for this outreach is developed, OSW staff will 

engage the tribes in dialogues through a variety of outreach activities. These 

discussions should provide the additional direction needed to ensure that OSW's Indian 

Program is consistent with EPA's commitment to environmental justi<;e. 

RemiDIIlCildalion: Enhance tribal outreach and training. 

OSW should expand outreach and training activities to enhance tribal capability. 

OSW's action agenda may include continuing its Regional outreach meetings with 

tribes across the country to discuss rules, regulations and laws that affect them, 

providing technical assistance and ensuring that appropriate printed and electronic 

information is made available to them. 

Remmmepclatjon: Expand communications network between tribes and 

regions. 

Four tribes are being provided access, on a pilot basis, to the State and Regional 

Programs Bulletin Board. The Bulletin Board has been expanded to include Subtitle 

D and Underground Storage Tank information (it currently has Subtitle C information). 

Tribes will access the Bulletin Board through IndianNet, a tribal communications 

networlc. This pilot is also serving as a model to other Federal agencies that are worlcing 

to provide the tribes with readily accessible data information. If the pilot project is 

successful, OSW will expand the communications networlc to includ€: more tribes. 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 

LIABILITY ACT (CERCLA), OR SUPERFUND 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, 

COMPENSATION AND LIABILITY ACT (CERCLA), or 

SUPERFUND 

Background 

CERCLA authorizes EPA to take response action when there is a threatened 

or actual release of hazardous substances or a threatened or actual release of pollutants 

or contaminants which may present an imminent and substantial danger to the public 

health or welfare. The Superfund program is responsible for the remediation of 

hazardous substance sites and responds to emergencies posing immediate threats to 

human health and the environment To accomplish the Superfund goals, EPA, States, 

and Tribal governments coordinate site assessment, risk assessment, risk management, 

and site remediation. These efforts include considerable public outreach and community 

involvement programs managed by EPA's Regional Offices. 

Meaningful public involvement is essential to theeffectivecleanupofhazardous 

substance sites. The people most affected by hazardous substance sites are members 

of the communities in and around sites. Community Relations Coordinators tailor 

outreach activities to meet the specific needs of each community. These may include 

activities such as: learning about community needs through community interviews; 

public meetings (with interpreters, as necessary); multi-lingual informational site 

documents; open houses with site managers; environmental education for school 

children; a "Superfund 101 "course to introduce the Superfund process to communities; 

on-scene information offices and local ombudsmen; multi-lingual regional public 

involvement staff; and providing up to $50,000 per site for technical assistance grants 

to community groups. 

Although EPA employees, Potentially Responsible Parties (PRPs) and 

contractors frequently interact with community members, the length and nature of these 

interactions may vary. For example, during emergency response activities, an EPA OnScene Coordinator (OSC) and contractor may be in a community for a week or longer 

and the Remedial Project Manager (RPM) will make occasional visits during site 

investigation and remedy selection phases and then return during implementation of the 

cleanup remedy. The remedial cleanup contractor may be on-site continually, often on 

a multi-year basis. The Superfund Community Relations Coordinators in the Regional 

Offices attempt to provide some continuity between EPA and the community by 

establishing early contact with community members and being available, as needed. 

This directinteractionofresponsepersonnel with community members is an opportunity 

to identify and effectively address environmental justice issues at Superfund sites. 

While Superfund's community relations program is in direct contact with 

communities and therefore is most aware of environmental justice issues, all Superfund 

program elements (e.g., site assessment, risk assessment) need to be more sensitive to 

49 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AN[) 

LIABILITY ACT (CERCLA), OR SUPERFUND 

50 

identifying and addressing environmental justice issues. Some stak4~holders have 

questioned whether Superfund sites in minority communities are cleaned up as quickly, 

or have remedies that are as protective, as non-minority sites. Others have expressed 

concern that sensitive populations may not be adequately addressed in risk assessments. 

The Office ofEmergency and Remedial Response (OERR) is evaluating some of these 

concerns in a statistical and demographic analysis of National Priorities List (NPL) 

sites. In addition, Superfund's risk assessment guidance (RAGs) directs risk assessors 

to detennine if any population groups may be at increased risk due: to increased 

sensitivity, or lifestyle/behavior patterns that may result in high exposures (e.g., 

subsistence fishing or consumption ofhome-grown vegetables). There is a significant 

opportunity for enhancing environmental justice in Superfund by focusing on sitespecific practices and procedures, while continuing to evaluate and improve national 

program policy. 

Superfund environmental justice issues and recommendations are discussed in 

greater detail below in six major program areas: public involvement, site assessment, 

risk assessment, risk management, lead-based paint and tribal implementation. Many 

of the issues raised in this section have been identified by sources outside the Agency 

(see Chapter 3, of this report, on outreach). These issues are of great concern and EPA 

will identify actions, as well as areas of research to clarify the nature, extt~nt and causes 

of environmental justice problems. 

1. PUBLIC INVOLVEMENT 

15&1&c:. EPA needs to ensure meaningful community involvement, by all 

affected communities, in the Superfund process. 

Through outreach efforts it has come to EPA's attention that some: communities 

in or near Superfund sites, especially minority populations and low-income populations 

believe that they have insufficient opportunities to participate in the Supe1rfund process. 

These communities have indicated to EPA that the program does not address local 

concerns adequately when assessing risk or selecting the method and level of cleanup, 

especially when considering future land use. These communities also voiced concern 

that opportunities for involvement in site activities come too late in the process and that 

their input has little impact on cleanup decisions. 

The current Superfund law and regulations provide fornumerous opportunities 

and requirements for public involvement. The Superfund Community Relations 

program is currently implementing many innovative techniques and using effective 

tools to promote greater public participation. OERR believes that this approach helps 

ensureeffectivecommunicationwithminoritypopulationsandlow-incomepopulations. 
OSWER ENVIRONMENTAL JusTICE TASK foRcE DRAFT fiNAL REPORT 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 

LIABILITY ACT (CERCLA), oR SUPERFUND 

RemrnmencJatjop: Implement pilot projects establishing Community Advisory 

Groups at Superfund sites. Develop interim guidance on 

Community Advisory Groups. 

Community Advisory Groups should be fonned to promote early, direct and 

meaningful public involvement throughout the Superfund process. Membership of a 

Community Advisory Group should consist of community leaders and members. The 

Community Advisory Group would serve as a conduit for site infonnation to and from 

the affected community, assist in detennining land use expectations, and obtain greater 

community input for remedial decisions affecting future land use. The Task Force 

recommends that this concept be piloted on at least 10 sites across the Regions. 

Interim guidance should be developed on the function, operation, and scope of 

authority of Community Advisory Groups. This interim guidance should build on 

existing sources (i.e., Federal Facilities Environmental Restoration Dialogue Committee 

Interim Report on establishing Site-Specific Advisory Boards (SSABs), 2f)3; EPADOD guidance on establishing Restoration Advisory Boards for Base-Closures (draft); 

and experience at the dozen or so DOE sites with established SSABs nationwide.) 

Results of experiences with pilot efforts will be factored into the development of this 

guidance also. 

The recommendations above are consistent with both the President's 

Environmental Justice Executive Order (No. 12898) and the Administrations Proposed 

Bill to Amend Superfund. The Environmental Justice Executive Order directs Federal 

agencies to develop an environmental justice strategy that is designed to ensure greater 

public participation, which is also one of the objectives of the Superfund Community 

Involvement program. The Administrations Proposed Bill to Amend Superfund also 

provides for increased public participation in the Superfund process. 

There is a general consensus, both from within EPA and from the general 

public, that earlier, direct, and regular community involvement would enhance the 

cleanup process. However, this expanded community involvement is associated with 

additional costs. An indirect cost of expanded community involvement may be delays 

in moving sites through the cleanup process. A direct cost is the need for expanded 

resources for EPA and, through grants, the communities. Therefore, additional 

resources must be made available to implement these recommendations, or we may 

raise unrealistic expectations of what can be achieved. · 

2. SITE ASSESSMENT 

~ Because Superfund relies on a passive site discovery approach (I.e., 

notification from States, communities, citizens), all of the sites In areas with 

minority populations and low-Income populations that warrant Federal attention 

may not be brought Into the SuperfUnd program. 

51 
OSWER ENVIRONMENTAL JuSTICE TAsK FoRCE DRAFT fiNAL REPORT 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 

LIABILITY ACT (CERCLA), OR SUPERFUND 

52 

A preliminary demographic analysis conducted by OERR suggests that, in the 

communities surrounding the 300 NPL sites evaluated, some minority populations are 

present in slightly higherpercentages than the national population. However, this study 

does not allow the program to gauge whether there is a group of sites in areas with 

minority populations and low-income populations that have not been brought to the 

EPA's attention. 

Recommendation; Conduct a pilot proactive site assessment program. 

Develop-and conduct a pilot proactive site assessment program, illl conjunction 

with States and local communities, that would ensure that sites in areas with minority 

populations and low-income populations that warrant EPA action are identified. This 

could be accomplished by encouraging States, local government and community groups 

to use demographic infonnation (e.g., Land View, GIS) and any otherinfOJmation tools 

to locate sites with potential environmental threats. OSWER and the Regions may also 

consider options including evaluation of the site inspection sites in the queue and 

detennine which of these are located in areas with environmental justice concerns. 

bmti. Need for consistency across cleanup programs. 

Superfund cleanups raise many of the same health and safety issues as RCRA 

corrective actions, and therefore merit comparable responses. 

Rec;ommepdatjon: Examine whether priority setting method adequ.ately 

considers environmentaljustice concerns. 

OERR officials should examine if current priority settingmethodls utilized for 

cleanups adequately considers environmental justice concerns. 

Bemmmendation: Ensure that activities are consistent with RCRA program 

policies. 

Remedy selection decisions and pace of cleanup at Superfund! sites could, 

consistent with corrective action facilities, factor in exposure to multiple sources of 

pollution. 

3. RISK ASSESSMENT 

~ While risk assessment guidance requires consideration of se:nsitive 

subpopulations, current risk assessments at Superfund sites may not 

adequately address other exposure factors of concern in areas with 

minority populations and low-income populations. 

Superfund risk assessment guidance directs risk assessors to evalluate risks to 

special subpopulations. In practice, this is usually implemented in risk assessments by 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 

LIABILITY ACT (CERCLA), oR SUPERFUND 

examining populations for reasonable maximum exposure (RME) consumption levels 

oflocally caught fish, animals, and home-grown vegetables. RME defaults are most 

representative of individuals living in a small town or other nontransient community. 

~ Because site remediation under CERCLA addresses only those risks 

posed by the sjte, Superfund risk assessments currently assess only 

those sources of risk resulting from the CERCLA site. Other sources 

of environmental risk to populations around Superfund sites should be 

identified in order to better establish/coordinate the proper federal 

response. 

The focus of risk assessments has been on risks caused by contaminants from 

individual Superfund sites. In some cases, populations around Superfund sites are 

exposed to additional sources of environmental risk, such as high levels of industrial 

emissions, lead in paint, or household chemicals. 

Recommendation; Superfund will develop supplemental risk assessment 

guidance in coordination with Agency-wide efforts. 

In order for Superfund to issue supplemental risk assessment guidance, it will 

first have to work. with ORD, A TSDR, NIEHS and other Federal health agencies to 

establish exposure and risk factors which are unique to areas with minority populations 

and low-income populations. Once these factors are established, Superfund will issue 

supplemental guidance in coordination with Agency-wide efforts that will make those 

factors available and discuss appropriate circumstances for their use, particularly at 

sites with minority populations and low-income populations. Following this effort, 

OSWER will develop risk assessment and risk management tools that would allow 

Superfund site managers to work. with other Federal and State agencies to create 

solutions that address multiple sources of environmental risk in coordination with 

Agency-wide efforts on this issue. 

4. RISK MANAGEMENT 

~ There are sites with populations exposed to multiple sources of 

environmental risk. 

The Superfund program needs to find ways to encourage Potentially Responsible 

Parties (PRPs) and other Federal agencies to address the total environmental risks of 

populations exposed to multiple sources of pollution (e.g. populations exposed to 

indoor lead paint). 

53 
OSWER ENVIRONMENTAL JuSTICE TASK foRCE DRAFT fiNAL REPORT 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 

LIABILITY ACT (CERCLA), OR SUPERFUND 

54 

Bemmmeodatjon: Establish site· specific federal coordination groups for 

issues outside Superfund jurisdiction. 

OSWER and the Regions will worlc. with other Federal and State agencies to 

develop model remediation projects at Superfund sites with multiple sources of 

environmental risk. Such model projects should address, where appropriate, indoor 

lead paint problems that add to community exposures. Superfund is currently 

developing a pilot project with HUD to evaluate opportunities to address indoor lead 

paint exposures in homes at Superfund sites. 

~ Stakeholders have suggested that Superfund cleanup processes do not 

result in environmental justice in areas with minority populations and 

low·income populations. 

As stated earlier, OERR is also evaluating some of these concerns in a 

statistical and demographic analysis of National Priorities List (NPL) sites. OERR is 

examiningthedemographiccomposition and average median income around Superfund 

sites as it relates to delivery of services. The demographic characterization has been 

completed for a subset of sites, and the methodologies to be used in the analysis are now 

complete. 

OERR is now conducting the demographic characterization of all sitc::s on the NPL 

and refining the analytic approach. Analysis will be completed over the next few 

months. 

Bemmmenclatjon: Evaluate remedy selection and speed of cleanua,s in 

communities with environmentaljustice issues. 

OERR will complete the evaluation of remedy selection and speed of cleanup 

in areas with minority populations and low-income populations. Focus on sites where 

remediation is in progress in order to establish "real time" data ;md to allow 

opportunities for intervention. An additional option which Superfund may also 

consider is an evaluation and a comparison of similar remedy selection ]processes at a 

minority population site and a nonminority population site. 

5. LEAD-BASED PAINT 

~ Under the current statute, OSWER cannot expend Superfund money 

to clean up interior lead·based paint. 

The Superfund program frequently encounters sites where lead levels in soil 

pose less of a human health threat than the lead levels associated with indoor paint and 

dust. Yet, based on existing authorities, the program concentrates on soil deanup while 

leaving the greater health threat unabated. 
OSWER ENVIRONMENTAL JUSTICE TAsK FoRcE DRAFT fiNAL REPORT 

B. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND 

LIABILITY ACT (CERCLA), OR SUPERFUND 

Superfund is developing a policy to ensure more holistic relief at sites. PRPs 

are currently encouraged to abate deteriorating indoor lead-based paint and indoor dust 

as well as the exterior lead sources. 

The policy under development, however, does not currently detail response in 

the absence of viable PRPs. Currently, CERCLA precludes the use of Superfund 

money to perfonn abatement of indoor lead. 

Rem:rnmendatjon: Encourage other agencies to coordinate efforts on removal 

or control of indoor lead paint at Superfund sites. 

OSWER should continue to encourage PRP action in this area. Another option 

would be to actively encourage other Federal, state and local agencies with appropriate 

jurisdiction to work in conjunction with Superfund to coordinate the removal or 

exposure control effort. OERR officials are currently exploring a pilot endeavor of this 

kind with officials from HUD. This pilot could serve as a catalyst for additional efforts 

in the future. 

6. SUPERFUND TRIBAL IMPLEMENTATION 

~ Tribal governments are requesting systematic Superfund changes. 

Currently, OERR activities focus on providing financial and technical 

assistance to help tribal governments develop environmental regulations and perfonn 

hazardous substance cleanups. Indian tribes believe that future activities should 

emphasize systematic changes under CERCLA that would better accommodate tribal 

needs and improvements in tribal outreach and communications. Comments received 

during a series of eight tribal outreach meetings conducted as part of the CERCLA 

reauthorization effort were considered by the Administration as part of the process to 

develop its "Superfund Refonn Act of 1994" proposal. 

Recornrnenclatjop: Continue to assist tribes financially and technically and 

work to build response capacity among the tribes. 

OERR should continue to use fmancial and technical assistance to help tribes 

undertake their own cleanup activities. Through the use of the Superfund Core program 

funding, OERR and the Regions will work with individual tribes in building this 

capacity; where this proves impractical, tribal consortia, with the approval of tribal 

governments, may be utilized. Tribes can apply for Core program funds, but they 

compete with States for the limited funds which are available on a Regional basis. 

OERR will examine options to encourage more tribal participation in the core program, 

which may include setting aside funds for Indian tribes. 

These recommendations will assist OERR and OSWER in moving forward 

with implementation of the Environmental Justice Executive Order and gaining 

valuable experience in anticipation of a reauthorized Superfund law. 

55 
OSWER ENVIRONMENTAL JuSTICE TAsK FoRCE DRAFT FINAL REPORT 

C. OIL POLLUTION ACT (OPA) 

56 

C. OIL POLLUTION ACT (OPA) 

Background 

Under authority of the Oean Water Act, as amended by the Oil Pollution Act 

of 1990, the Oil Program regulates prevention and response activities at facilities that 

could discharge oil. The universe of regulated facilities is large and diverse, with 

facilities located throughout the country in large cities, suburbs, Indian lands and in 

remote areas. Regulated facilities range widely from small "end users," such as those 

that store heating oil and motor fuel, to large refineries and tank farms that supply 

petroleum products to whole communities. 

~ Disproportionate Exposure to Oil Contamination 

A disproportionate share of oil storage facilities may be in ornear •communities 

with potential environmental justice concerns. Furthermore, many of th<~se sites have 

leaked or spilled oil. When oil storage facilities leak, they may contaminate surface 

waters, ground water or soils in the community. Not only does this add to the cumulative 

risk due to multiple exposures, butitmay pose panicularproblems for populations that 

rely on subsistence fanning/gardening or fishing. 

~ Clustering oflndustries Around Oil Facilities 

Oil storage facilities may be clustered with other industrial facilities which are 

sources of pollution. Thus, environmental justice communities near oil storage 

facilities may be exposed to multiple industrial sources of contamination. 

1. SITE IDENTIFICATION. 

Kemmmepdatigp: Develop an approach to identify oil storage facilities near 

communities with environmentaljustice issues. 

The Oil Program does not have a comprehensive listofthe faciliti<~s it regulates. 

In 1991, it tried unsuccessfully to adopt a regulatory requirement that facilities 

"register" with EPA. 

OSWER could make another attempt to impose this requirement, and thereby 

develop a comprehensive list of regulated facilities. By overlaying census data, the Oil 

Program could pinpoint facilities located in communities with environmental justice 

concerns and target them for identification. This would also enable OSWER to track 

new installations. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

D. UNDERGROUND STORAGE TANKS (UST) 

Even without this requirement, some progress can be made in identifying 

existing facilities. The Oil Program is currently planning a statistical survey of some 

30,000 facilities. The survey data will be extrapolated to the nation as a whole, and is 

better linked to county census data. This will make it possible to characterize 

communities surrounding the surveyed facilities. 

2 PRIORITIZATION EFFORTS. 

Bemmmendatjon: Enhance outreach to communities with potential or actual 

environmentaljusticeconcerns. 

Once characterized, specific outreach and regulatory activities could be 

targeted at facilities located in communities with environmental justice concerns. 

Opportunities for outreach and education would include: 1) notification of and 

education about facility modifications, 2) job opportunities within the plant, 3) 

compliance history of the plant, including inspection and penalty history, 4) disclosure 

of environmental degradation within or beyond facility borders, such as notification of 

spills or leaks, 5) education about health risks posed by subsistence farming or fishing 

in the area, or other issues as appropriate and 6)methods of communicating community 

concerns to facilities. This proposal would require significant increase in resources and 

may be inviable in light of current program constraints. 

Bemmmendatjop: Explore ways to target inspections and enforcement 

activities in communities with environmental justice 

concerns. 

Certain regulatory processes could also be altered to betterseJVe communities 

with environmental justice concerns, such as: 1) more fully considering environmental 

loading and sensitive populations in inspection and other enforcement decisions, 2) 

targeting inspections andotherenforcementeffottsonfacilitiesinminority communities, 

and 3) requiring enhanced community participation. 

D. UNDERGROUND STORAGE TANKS (UST) 

Background 

In 1984, Congress responded to the increasing threat to groundwater posed by 

leaking underground storage tanks (USTs) by adding Subtitle I to the Resource 

ConseJVation and Recovery Act (RCRA), and in 1986 by section 205 of the Superfund 

Amendments and Reauthorization Act. Subtitle I required EPA to develop a 

comprehensive regulatory program for USTs. With these UST regulations, owners and 

57 
OSWER ENVIRONMENTAL JuSTICE TASK FoRcE DRAFT fiNAL REPORT 

D. UNDERGROUND STORAGE TANKS (UST) 

58 

operators are required to meet four goals: prevent leaks and spills from occurring; 

monitor their tanks for leaks and spills; correct problems created by leaks and spills that 

are discovered; and make sure that the owners and operators of USTs can pay for 

correcting the problems created if their tanks leak. 

The Superfund Amendments and Reauthorization Act of 1986 amended 

Subtitle I ofRCRA to create the Leaking Underground Storage Tank {LUST) Trust 

Fund. All states but florida, which has its own cleanup fund, have signed cooperative 

agreements and are allocated Trust Fund monies. The Trust Fund ensures protection 

of human health and the environment by helping States pay for the: oversight of 

responsible party cleanup and for taking state action to cleanup petroleum releases from 

USTs when owners and operators are unknown, unwilling, or unable to accomplish the 

cleanup. 

About 1.3 million petroleum USTs and 37,000 hazardous subst4mce USTs are 

subject to federal regulations. Large petroleum companies, mid-size malrlc.eters, small 

"Mom and Pop" gasoline service stations, and convenience stores own motor fuel tanks. 

Other facilities that use USTs include public and service sectors, suc:h as airports, 

schools, and transit authorities. To date, over 230,000 releases have be:en confinned 

and EPA expects that number may grow to 400,000 over the next several years. 

To manage the national program, the Office of Underground Storage Tanks 

adopted a decentralized model that empowers State and local programs .. The national 

program provides technical support and assistance to States in streamlining their 

cleanup program and in finding mechanisms to enforce leak prevention requirements. 

This arrangement allows States to run programs that are tailored to the needs and 

demands of their own regulated communities, while EPA offers implementation 

support, including financial support, to States. EPA's national UST program is notable 

for its flexibility, focus on State customers, and emphasis on continuous program 

improvement 

~ Tracking and remediating confirmed releases does not cun-ently 

consider environmental justice issues. 

Major challenges for UST programs include ensuring that the llarge universe 

of regulated tanks meets all technical requirements for preventing and detecting leaks 

and that cleanups keep pace with the growing number of confinned releases. These 

releases add to the multiple exposure problem experienced by many e:nvironmental 

justice communities. States that receive LUST Trust Fund money are required to 

develop priority ranking systems for sites requiring State-lead actions. Releases that 

threaten drinking water supplies or cause explosive vapors to accumula!te in sewers or 

basements, for example, require emergency action and are addressed bt~fore sites that 

do not pose an immediate threat to human health and the environment W1len all other 

ranking factors are equal, however, sites in environmental justice communities with 

multiple exposures should get priority attention. Ranking systems should consider 

environmental justice concerns as a qualitative factor. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

D. UNDERGROUND STORAGE TANKS (UST) 

Given that the UST program is largely implemented by State agencies and 

given the national program philosophy which emphasizes flexibility and avoids 

directing states, EPA must find ways to sensitize implementing agencies to environmental 

justice concerns and offer suggestions to States for addressing these concerns as they 

proceed with their UST compliance/enforcement and cleanup activities. 

Rerommepdatjon: Provide guidance for State/local agencies on considering 

environmental justice as a qualitative factor in priority 

ranking systems for State-lead cleanup and enforcement 

activities. 

Bemmmenclation: Issue environmental justice brochure to States and 

regulated facilities. 

Rerommenclatjon: Outreach to States, tribes and local agencies. 

The Office of Underground Storage Tanks (OUST) could step up outreach to 

State and local agencies in an effort to influence priority ranking systems for State-lead 

cleanups and State compliance and enforcement strategies. Thus, the office could 

prepare materials such as fact sheets that would be routinely included in information 

packages distributed to State and local agencies. The material would discuss 

environmental justice concerns and suggest ways to address theses issues in program 

plans and strategies. This would require minimal additional resources since much of 

OUST's worlc involves preparation and dissemination of outreach materials. Regional 

all-States meetings and national conferences would also seiVe as useful forums in which 

to explore these issues. 

Berommepclatjon: Incorporate environmental justice criteria into UST State 

grant and cooperative agreements. 

OUST could incorporate environmental justice criteria in UST grant and 

cooperative agreements entered into with States. Specific clauses could require States 

to consider environmental justice as they develop outreach materials and develop their 

cleanup, compliance and enforcement strategies. Depending on the perceived value of 

these grants and the ability to tie the conditions to the goals of the enabling legislation, 

OUST may wish to be more or less prescriptive in crafting the specific language. 

Kerommendatjon: Encourage use of minority contractors and consultants for 

State-lead cleanups. 

OUST could encourage the use oflocal minority contractors and consultants 

for State-lead cleanups. In this regard, OUST could ask States to include qualified 

minority contractors and consultants on lists distributed to the regulated community. 

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OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT 

E. CHEMICAL EMERGENCY PREVENTION AND PREPAREDNESS OFFICE (CEPPO) 

60 

Recommendation; Encourage minority contractors to apply for certification 

and provide grant to National Association of Minority 

Contractors 

Furthennore, in States with contractor certification programs, OUST could 

provide outreach materials to minority contractors and encourage them to apply for 

certification. In conjunction with this effort, OUST would continue to provide grant 

money from sources other than the National Association of Minority Contractors for 

training of minority finns in proper tank installation and removal and in the use of 

alternative remediation technologies. 

Recommendation; Continue to identify existing UST's including hazardous 

substance tanks and abandoned tanks on lndinn Lands. 

EPA should continue to identify abandoned tanks on Native-American lands, 

drawing substantially on the work of the circuit riders and where neces:sary, by using 

other Agency resources. 

~Develop tribal capacity and program implementation in Indlian Country 

Since Subtitle I is part of RCRA, OUST faces the same issues regarding 

improving it's tribal policies as OSW faces in the RCRA programs it implements. Due 

to the limited number of tanks on Tribal Lands and the disparity in tribal capabilities 

and interest in addressing an UST Regulatory program, work needs to be done to find 

innovative ways of financing and implementing a program on Tribal Lands, with tribes 

and EPA as partners. 

Recommendation; Find ways to provide funds and technical assistance to 

tribal governments. 

EPA and OUST should worlc towards obtaining the ability to tr€:at tribes in the 

same manner as States for authorization purposes. Efforts should be made to continue 

to find viable mechanisms to provide sources of revenue to tribal governments that have 

the desire and capacity to administer their own program. 

E. CHEMICAL EMERGENCY PREVENTION AND 

PREPAREDNESS OFFICE (CEPPO) 

Background 

The Chemical Emergency Preparedness and Prevention Office (CEPPO) was 

established by EPA in December 1984. CEPPO has three goals: (1) to mduce the risks 

to the public and the environment from accidental releases of hazardous materials, 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT 

E. CHEMICAL EMERGENCY PREVENTION AND PREPAREDNESS OFFICE (CEPPO) 

through regulatory and nonregulatory programs, promotion of a community's right to 

know, public education, and research; (2) to develop and maintain within EPA an 

infrastructure for responding to emergencies involving hazardous materials and 

environmental emergencies and to coordinate and continuously improve the existing 

federal systems for emergency preparedness and response to such events; and (3) to 

develop and improve the capabilities of state, tribal, and local governments, as well as 

industry and other parties concerned with preparedness, prevention, and response. 

CEPPO is responsible for federal implementation of Sections 301-312 of the 

Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA --also 

know as Title III of the Superfund Amendments and Reauthorization Act of 1986 --

SARA Title III), the accidental release provisions of the Oean Air Act (CAA), and the 

Hazardous Materials portion of the Federal Response Plan. CEPPO also plays a 

support role in the Oil Pollution Act, and the Hazardous Materials Transportation 

Safety Act (HMTSA). 

EPCRA establishes State Emergency Response Commissions (SERCs) and 

Local Emergency Planning Committees (LEPCs) that use infonnation provided by 

facilities to develop a comprehensive emergency plan. There are over 3000 LEPCs. 

Indian Tribes can establish their own commissions (TERCs) or work with the SERC 

and neighboring LEPCs. EPCRA gives citizens the right to know about chemicals in 

their communities--the amount of chemicals present, their properties and any potential 

health effects, as well as infonnation about accidental and routine releases. 

UnderCAA, facilities are required toprovideRiskManagementPlans. These 

plans contain infonnation on how facilities manage risks posed by substances listed by 

EPA. Additionally, these plans indicate how facilities are minimizing risks to the 

community by preventing accidental releases ofhazardous substances. Facilities must 

provide the risk management plan to states and local emergency planners and make the 

plan available to the public. 

· CEPPO administers the emergency preparedness, response and coordinating 

mechanisms for national and international major hazardous materials spills and 

releases. These efforts are accomplished primarily through the National Incident 

Coordination Team (NICT), the US National Response Team (NRT), and Emergency 

Support Function #1 0 of the Federal Response Plan. 

CEPPO provides training, grants, and technical assistance to SERCs, TERCs, 

and LEPCs, as well as to industry to enhance their preparedness, prevention, and 

response activities. CEPPO also provides tools (including CAMEO and LandView) 

to assist communities to manage and use Community Right-to-Know infonnation. 

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OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

E. CHEMICAL EMERGENCY PREVENTION AND PREPAREDNESS OFFICE (<:EPPO) 

62 

law:.i. Environmental justice communities' may have limited knowledge of 

information and rights under CEPPO. 

The major environmental justice issues related to CEPPO programs are the 

ability of economically disadvantaged and minority citizens to receive, w1derstand, and 

use the infonnation available to them under EPCRA and the CAA. Spedfically, even 

though these citizens may be at substantial risk from chemicals near them in the 

community and in the workplace, they may not know that they have a right to 

infonnation about the chemicals, how to get the infonnation, and/or how to participate 

in the work of LEPCs as they prepare emergency plans to protect hum;m life and the 

environment. Similarly, LEPCs in poor and minority areas-- even if they are well 

intentioned and committed to implementing EPCRA and the CAA -- ma.y not have the 

resources to manage infonnation, conduct a hazards analysis, develop :m emergency 

plan, and obtain the appropriate response equipment and personnel training. 

CEPPO has already taken significant steps to address environmental justice 

issues. First, CEPPO, working with NOAA, has developed the software program 

CAMEO, which enables local emergency planning committees (LEPCs) to manage 

EPCRA infonnation about chemicals, list contacts during an emergency, and conduct 

a hazards analysis. More recently, CEPPO has developed the sofhvare package 

LandView to become part of the CAMEO system, which enables us1~rs to overlay 

census block infonnationonto computer-generated maps of specific geographic areas. 

Using this program,communityplannerscantargetlowincome andminori~ycommunities 

for the type of outreach needed to ensure they are adequately infom11ed about the 

chemical risks confronting their communities and have an opportunity to participate in 

emergency planning efforts. 

Since its inception, CEPPO has emphasized EPCRA 's mandate that LEPCs 

have a broad-based membership. It is CEPPO's position that emerg€~ncy planning 

efforts should include ordinary citizens whose lives may be at risk. 

CEPPO has used its grant program to emphasize environmental justice. For 

example, one of the criteria used to evaluate grant applications is whethc::rthey include 

environmental justice considerations. Thus, of the 26 grants issued by CEPPO in 

FY93, two went to Indian Tribes and nine (totaling $400,000) went to areas burdened 

by multiple environmental stresses. 

CEPPO has arranged a program whereby representatives from more affluent 

and better developed LEPCs visit and provide assistance to less developed LEPCs. 

In developing regulations under CAA, CEPPO is attempting to ensure that 

facilities provide risk management plan infonnation in a fonnat that can be used by 

LEPCs and understood by ordinary citizens, especially disadvantaged. and minority 

populations. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT 

E. CHEMICAL EMERGENCY PREVENTION AND PREPAREDNESS OFFICE (CEPPO) 

CEPPO is currently undenaking a wide-ranging effort to improve the 

effectiveness of LEPCs. It plans to identify environmental justice issues and take 

appropriate steps to implement suggested improvements. 

In preparing the guidance for the Oean Air Act accidental release provisions, 

CEPPO will seek to ensure that implementation measures incorporate environmental 

justice concerns. 

CEPPO will apply useful prevention tools, such as chemical safety audits, in 

areas where environmental justice concerns are prevalent. 

Bemmmendation: Send a letter to all Governors regarding etTorts EPA is 

making on environmental justice issues and asking them to 

support us in our etTort. 

EPA's Administrator should send a letter to all Governors describing EPA's 

commitment to environmental justice and inviting States to support OSWER by 

encouraging State Emergency Response Committees (SERCs)to appoint representatives 

to Local Emergency Planning Commissions (LEPCs) which reflect all populations of 

the local area. EPA could also provide guidance to States regarding the composition 

and role of SERCs. 

Bemmmendatjon: Work with LEPCs and TERCs to ensure implementation 

of EPA's environmental justice policies. 

Looking to the future, CEPPO should continue to focus on helping communities 

with environmental justice concerns manage and understand Community Right-toKnow infonnation and tocampaignforminority representationonLEPCs. Furthennore, 

CEPPO should work with LEPCs and TERCs to ensure adequate implementation of 

the Agency's environmental justice policies. CEPPO should also promote use of 

CAMEO and LandView and explore ways of making it more available to LEPCs, 

TERCs and other local institutions. 

Recommendation: Use the chemical safety audit program to promote 

environmentaljustice. 

As part of CEPPO 's accident prevention program, chemical safety audits are 

conducted at facilities where chemicals are stored, used or produced. The audit includes 

a review of the facilities safety procedures, management practices, contingency plans 

for worker protection and coordination with community emergency responders. The 

audit team uses a standard procedure to conduct the audit. 

CEPPO and the Regions should give appropriate attention to auditing facilities 

located in areas with minority populations and low-income populations. CEPPO 

should include in its standard audit procedure consideration of environmental justice 

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OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT 

F. TECHNOLOGY INNOVATION OFFICE (TIO) 

64 

issues, such as ensuring that the facility's contingency plan includes provisions to 

protect nearby residents in the event of a chemical emergency. 

Recommen<lation: Work with affected environmental justice communities to 

explain community right-to-knowinformatiollt. 

CEPPO will wmk with economically disadvantaged and minority citizens to 

receive, understand, and use the infonnation available to them under EPCRA and the 

CAA. Specifically, they need to know that they have a right to infonnation about the 

chemicals, how to get the infonnation, and/or how to participate in the worlc ofLEPCs 

as they prepare emergency plans to protect human life and the environment. 

RecoiiJIDelldatjon: Expand use of demographic systems. 

CEPPO will lead OSWER' s effort to work with other EPA ,.,ffices and the 

Regions to develop compatible Agency-wide approaches to GIS, which makes the 

Land View system a viable option when choosing the appropriate GIS or Landview 

systems based on the needs of the analysis. This topic was discussed in the cross-cutting 

section of this report. 

F. TECHNOLOGY INNOVATION OFFICE (TIO) 

Background 

The Technology Innovation Office (110) advocates the broader use of 

innovative treatment technologies for the remediation of soil and ground water at 

contaminated sites. The office seeks to remove regulatory and institutional impediments 

and provide critical technology and marlcetinfonnation to potential users and suppliers 

of new technology. The scope of the mission extends to Superfund sites, corrective 

action sites under RCRA, and underground storage tank clean-ups. TIO influences the 

use of innovative technologies by worlcing with individuals and groups both inside and 

outside EPA. 

Innovative remediation technologies are defined as those which lack sufficient 

perfonnance and cost infonnation for routine use. They include a variety ofthennal 

methods, bioremediation, physical/chemical techniques and in-situ ground water 

technologies. Innovative technologies do not include incineration, conventional 

stabilization, land disposal technologies, or conventional pump and treatment of ground 

water. 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

F. TECHNOLOGY INNOVATION OFFICE (TIO) 

~ Treatment versus containment remedies. 

Environmental justice concerns have not focused directly on innovative 

technologies. However, there are issues related to thetreaunentversus the containment 

of waste. Treatment is generally considered as providing a pennanent remedy while 

containment entails efforts to isolate contamination from the environment. One of the 

environmental justice goals--economic redevelopment--isdirectly related to cleaningup urban land to satisfactory levels which allow productive economic re-use. This is 

generally more consistent with the treaunentobjective. In addition, the Tribal Outreach 

Initiative on CERCLA Reauthorization expressed a preference for neutralization or 

completeremovalovercapping or containment, and promotes theuseofnewtechnology 

when remedies are selected. 

Remmmen«<ation: Encourage the development and commercialization of 

innovative treatment technologies. 

The objective of cleaning-up sites for reuse bytreaunentis best served through 

the development and commercialization ofless costly and more effective innovative 

alternatives to conventional technologies and through empowering communities to 

participate more fully in the remedy selection process. 

Additionally, environmental justice activists generally advocate treatment 

versus containment of hazardous waste. TIO is continually exploring new treatment 

technologies thatmayprove more cost effective in the future. Once again, these efforts 

complementthelong-tenninterestsofcommunitieswithenvironmentaljusticeconcerns. 

Recommep«<ation: Continue eft'orts with SBA to promote small businesses 

that focus on environmental technologies. 

TIO' s outreach efforts can also service environmental justice needs. TIO and 

theOfficeofResearchandDevelopment(ORD),onbehalfoftheAgency'slnnovative 

Technology Council efforts, have entered into a partnership with the Small Business 

Administration (SBA) on new technologies and EPA programs, regulations, and 

policies at Small Business Development Center offices around the country. The goals 

are to promote the fonnation of small businesses that focus on environmental 

technologies; assist technology developers to begin and enhance their business ventures; 

assist potential customers of new technologies in identifying alternative technologies 

and create incentives to purchase environmentally superior technologies; and to assist 

small businesses with compliance by making regulatory infonnation available for 

business planning. This effort could help foster minority business in distressed areas, 

thereby promoting economic redevelopment. 

TIO hasdevelopednumerous publications that describe technologies, identify 

their applicability to clean-up problems, and identify business opportunities for cleanup. Some examples include: a series of Citizen Guides to Innovative Treaunent 

Technologies in both English and Spanish; and the VISITr database, which provides 

65 
OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT 

G. FEDERAL FACILITIES 

66 

vendor supplied infonnationoninnovative technologies. VISITf is being modified to 

designate disadvantaged and minority-owned businesses. Finally, OSWER should 

further commit to providinginfonnationonnewtreatmenttechnologies at environmental 

justice sites. 

Bemmrnendatjon: Revise and expand environmental justice training module. 

The Environmental Justice module which is currently includ(:d in the Public 

Participation training course at EPA's CERCLAEducation Center willl be revised and 

expanded. The module will be added to other training courses where appropriate. 

Bemmmen<latjon: Conduct demographics analysis of a represenltative sample 

of the 263 Superfund NPL sites where innovative 

technology was selected as a remedy. 

Demographic profiles of the communities surrounding these Superfund 

National Priority List (NPL) sites has been generated. TIO should analyze the 

relationship, if any, of the innovative technology selected at these sites and the 

demographic infonnation describing the communities surrounding th(: sites. 

G. FEDERAL FACILITIES 

Background 

CERCLA Section 120(a) requires that Federal facilities comply with CERCLA, 

both substantively and procedurally, to the same extent as any nongovernment entity, 

including liability under Section 107 ofCERCLA. CERCLA Section 120 also makes 

State laws concerning the removal and remedial actions applicable to cleanups of 

Federal facilities not on the NPL. For Federal facilities or the NPL, CERCLA section 

120 establishes deadlines for completion of the various steps in the clleanup process. 

CERCLA Section 120 also requires that federal agencies with facilities on the NPL 

enter into interagency agreements with the EPA for selecting the remedial action 

establishing a schedule forcompletingthe action. These lAGs generally are enforceable 

under CERCLA 's citizen suit provisions (Section 310). Generally, n~sponse actions 

atFederalfacilitiesmustcomplywithStatecleanupstandardsiftheyammorestringent 

than Federal standards. 

SARA Title ill: The Emergency Planning and Community Right-to-Know Act 

of 1986 (EPCRA) establishes requirements for Federal, State and local governments 

and industry regarding emergency planning and reporting on hazardous and toxic 

chemicals. It is intended to encourage and support emergency planning efforts at the 

State and local level and provide community residents and local governments with 

infonnation concerning potential chemical hazards in their communiities. While not 

subject to EPCRA, Federal agencies are required, by a recent Presid(:ntial Executive 
OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT 

G. FEDERAL FACILITIES 

Order, to comply with the requirements ofTitle Ill. In addition, contractors operating 

Government-Owned facilities are subject to Title Ill to the same extent as any other 

operator and, therefore, are statutorily required to comply with the full range of 

requirements under the Emergency Planning and Community Right-to-Know Act 

Federal agencies generally must comply with all provisions of Federal 

environmental statutes and regulations as well as all applicable State and local 

requirements. In addition, Presidential Executive Orders stress the mandate for Federal 

facilities to fully comply with environmental requirements and establish procedures for 

ensuring that this is accomplished. Executive Order 12088 states that all Executive 

Branch agencies are "responsible for compliance with applicable pollution control 

standards" which are defined in the Executive Order as ''the same substantive, 

procedural and other requirements that would apply to a private person." 

Regnnmepdatjon: Utilize the Federal Facilities Environmental Restoration 

Dialogue Committee (FFERDC) for cooperative 

environmentaljustice decision-making between Federal 

agencies. 

Several of tl)e issues identified by communities with environmental justice 

concerns, e.g., holistic remedies for multiple and cumulative exposures, are applicable 

at Federal facility sites. Lessons learned from EPA activities to date can be shared with 

other Federal agencies in order to proactively prevent environmental justice concerns, 

as well as, avoid unnecessary delays and duplication ofeffortamongFederal agencies. 

lbeFFEROCprovides for such exchange and a mechanism for joint recommendations. 

EPA will continue to play a major leadership role in FFERDC' s effort to better 

incorporate environmental justice into Federal facility priority-setting and stakeholder 

involvement 

BegmpnencJation; Evaluate all base closing activities for environmental 

justice implications. 

Theseactivitiesareideallysuitedforaddressingconcemsraisedbycommunities 

with environmental justice concerns and intersect with many ongoing OSWER 

initiatives, such as the economic redevelopment activity. Environmental justice 

community representatives have asked that the base closure redevelopment process be 

used to provide affordable housing, accessible health facilities, available training 

facilities, and sustainable development in their communities. 

Remmmenflatjon; Evaluate and develop policy on cleanup priorities of 

Federal sites on Indian lands. 

There are a number of sites located on Indian lands that originated from 

activities of Federal agencies or activities authorized by Federal laws (e.g., mining 

laws). In cooperation with other offices that focus on tribal issues, OSWER should 

evaluate and develop policy on tribal roles in the Federal facility cleanup process. 

67 
OSWER ENVIRONMENTAL JusncE TASK foRCE DRAFT fiNAL REPORT 

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