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# 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 

# O ver 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 environmentaleffectsfrom pollution. This beliefhasresultedin amovementto assure environmentaljustice for all populations. Several studies have been conductedby avariety oforganizations (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 thatthe implementation of key environmental laws have not historically provided protection to all citizens and that certain populations are morevulnerablethan 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 ofadequate 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 ofenvironmental justice as one ofthe Agency's top priorities. In response to concerns voiced by many groups outside the Agency, the Assistant Administrator ofthe Office of SolidWaste andEmergencyResponse (OSWER), ElliottP. Laws, on November 29, 1993, directed the formation ofatask force to analyze environmentaljustice 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 environmentaljustice issues. EPA is 

### currently developing an Agency-wide strategypursuantto the Executive Order. Therequirements of the Executive Orderprovide extra emphasis to the mission ofthe 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 1OSWER ENVIRONMENTAL JusTICE TASK foRcE DRAFT fiNAL REPORT


### B. ENVIRONMENTAL JUSTICE EXECUTIVE ORDER

2 

### environmentaljustice concerns. The 

### Order requires cenain Federal ag,encies, to the greatestextentpracticable and pennittedbylaw, to make environmental justice part

### of theirmissionby identifying and addressing disproportionatelyhigh and aclversehuman healthorenvironmental effects onminority populations andlow-income populations. To helpmeetthis objective, the 

### Ordercalls 

### oncovered agenciesto developenvironmental justice strategies. These strategies mustinclude (but are notlimited to) a listofagency 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 withminority populations and low-income populations; 2) ensure greaterpublicparticipationissues; 3) improve rese:arch and 

### data collection relating to 

### the health and environment ofminority populati,ons and lowincome populations; and 

### 4) identify differential patterns ofsubsistence use ofnatural resources among these populations. Other key elements of the Executive Order include: establishes a Federal Interagency Worldng Group; directs federal agencies notto 

### discriminate: inprograms, policies and activities; directs humanhealthresearch to include diverse segments of the population; mandates federal data collection and maintenance and analysis to assess environmental and humanhealth risks borne by populations by race, national origin or income; requires agencies to collect, maintain and analyze infonnation onpopulations 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 Orderreflects the priority this Administrationpla(:es onthe

### goal ofachieving environmentaljustice. In addition, the Presidential Memorandum that 

### accompanied the Executive Order emphasizes several provisions ofenvironmental, civil rights and other statutes that provide opportunities for**agenci,~s** to 

### address environmentalhazards in areas withminoritypopulations and low-incomepopulations. It directs agencies to take immediate and specific actions under**the~** 

### enumerated statutoryprovisions as partof the Administration's efforts to preventthese: communities frombeingexposedtodisproportionatelyhighandadversehumanhealthorenvironmental effects. OSWERhasamajorroletoplayincontributingtothesuccessoftheAgency's implementationoftheExecutiveOrder, sincemany of the

### issues raised**by~:nvironmental** 

### justice advocates relate directly to 

### OSWER activities. By creating aprogram-specific environmental justice task force, OSWER has already taken a major step toward implementing the requirements of the

### Executive Order withinthe programs for which OSWERhas responsibility. As the OSWER environmental justicetask 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 PresidentClinton.

### OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT


### C. HUMAN HEALTH ISSUES AND ENVIRONMENTAL JUSTICE



### C. HUMAN HEALTH ISSUES AND ENVIRONMENTAL JUSTICE Many ofthe concerns about environmentaljustice are associated with waste disposal sites. Several incidents that occurred during the 1980s indicate this. In 1982, demonstrations againstthe proposed site for apolychlorinated biphenyl (PCB)landfill in Warren County, North Carolina, received national attention. In 1983, a General Accounting Office study found that three offour hazardous waste sites investigated in the southern United States were located in primarily African American communities.
In 1987, the United Church of Christ's CommissionforRacialJustice released a nationwide study on the demographics of populations living near commercial hazardous waste facilities. The study found thattheproportionofracialminorities was significantly greater than in communities without such facilities. Environmental factors play a key role in human development, health and disease. The sciencebase formany issues inenvironmentalhealthis notwelldeveloped. TheNational Academy ofSciences reported in 1984thatthe available infonnationbase for 82 percent ofmajorindustrial chemicals does not include even minimal testing for their toxic properties. The most difficult challenges for environmental health today come notfrom whatis known aboutthehannful effects ofagents; 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 mostprevalentchildhood conditions and the mostprevalent environmental threattoday, and is preventable. Leadexposuremay be associated with learning problems, mental disabilities, mental retardation, reduced IQ scores, delayed development, impaired hearing, birth defects, seizures, coma and death. 1 One ineightAmericans liveinfamilies withincomes belowthe federal poverty level. Twenty-five percentof childrenunderthe age ofsix live belowthe federal poverty level. Formany chronic diseases (e.g., cancer), people oflow income are at greaterrisk than people ofhigherincome. African Americans are the largest minority group inthe U.S., and make up 12% ofthe U.S. population. One in three African Americans lives in poverty. African American men experience ahigher risk ofcancerthan 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 mostvaried setofhealthproblems ofany group. Forexample, Mexican Americans havelowerrates ofstrokes while Puerto Ricans have the highest rates; infantmortality 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 ofhealth data for this group than for any othergroup. 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 ofthe minority groups, consisting ofover 400 federally recognized nations. Poverty is also a major risk factor among this group. 3


### D. GOALS FOR OSWER ENVIRONMENTAL JUlSTICE TASKFORCE The OSWERAssistantAdministrator(AA) createdthe 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 effortto 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 environmentaljustice Task Force is to: "

... examinehow (OSWER) couldbetteraddress the concerns ofminoritypopulations and/orlow-income populations aboutthe mannerin whichEPA manages public health and environmental risks underthejurisdictionofOSWERprograms.... TheTaskForce shall assess options and make recommendations on how EPA can more effectively address environmentaljustice issues across all OSWER programs." The OSWER Environmental Justice Task Force examined a variety ofgoals 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 environmentalprotectionfor all, so thatno segmentof thepopulation, regardless of race, national originorincome, bears disproportionately high and adverse effects of environmentalpollution andthat allpeoples benefitfrom cleanand 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 enviromnentaljusticeandtohelppromotesustainablecommunities. 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 ofthis examination, the Task Force began to develop an overall OSWER strategy and 

### to identify major OSWERenvironmental justiceissues. Sixkey areas werethe 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 ofHealth 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 

# T he OSWER Task Force sought input from abroad array ofstakeholders in developing their recommendations. An essential component ofthis effort was to involve a broad spectrum of stakeholders from the beginning ofthe OSWER TaskForce's deliberations and establish a direct line ofcommunication so that environmentaljustice issues addressed in this Task Forcereportreceived scrutiny throughout its development. This final draft will be shared with EPA'sEnvironmental JusticeFederal 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 ofEnvironmental Justice (OEJ), Office ofCommunication and Public Affairs (OCEPA), Office ofEnforcement (OE), OfficeofGeneral Counsel (OGC), Offi.ceofPolicy, Planning andEvaluation, (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 ofthe Agency for Toxic Substances and Disease Registry (ATSDR), the U.S. Department ofJustice (DOJ), and the National Institute ofEnvironmental Health Sciences (NIEHS) also served on the OSWERTask 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 onenvironmental justiceissues. TheseRegions were selectedbecause theenvironmental justice issues they have encountered represented a wide array of issues considered throughoutthe 

### country. These visits includedmeetings withHazardous 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

7OSWER 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 avaluable opportunity to

### exchange infonnation on various Region-specific environmental justice issues. The Regional visits also offeredinsightto

### the OSWERTaskForce' sdeliberations in

### developing aneffective 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 ofthe six OSWER Office Directors and with Senior Managers from the Offices of Environmental Justice, Enforcement, General Counsel, and Civil Rights to solicit theirinput on the OSWER environmentaljustice Strategy.


### 3. Other Internal Outreach Efforts The OSWERTaskForcereviewed the OSWER-relatedenvironmentaljustice activities which were conducted by each EPA Regionduring 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 staffdiscussed the status of the developmentof these recommendations with Regional CommunityRelations Coordinators inPhiladelphia, PA, onFebruary 1, 1994 and at the National Site Assessment Conference in Albuquerque, NM in Apri11994. 

# C. EXTERNALOUTREACH
EPA held ameeting/teleconference onJanuary 10, 1994, atHeadquarters with representatives from several organizations thathave expressed an interestindiscussion ofenvironmentaljustice issues. The OSWERTaskForce chairman also sentletters to over 500 concerned environmentaljustice stakeholders, asking them to identify their key environmentaljustice issues, recommendations, and proposed solutions forEPA's consideration. This outreach method proved very effective and the various comments were incorporated into the environmentaljustice 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

9OSWER ENVIRONMENTAL JUSTICE TASK foRcE DRAFT fiNAL REPORT
D. STAKEHOLDERS

10 In addition, outreacheffons were extendedtoincludethe Departmentof Justice (DOJ) and various health agencies (Indian Health Service, ATSDR, 1\IIEHS and the Bureau ofPrimary Health which includes theNational Health Service Corps (NHSC)), and DOJ. OSWER Task Force members also briefed key Congressional staffon the major recommendations contained in this report.


### D. STAKEHOLDERS The OSWERTask Force, for purposes ofthis report and its recommendations consideredthe following groups tobe stakeholders inconsidering environmentaljustice issues:

· Community Organizations

· Nonprofit Organizations

· Environmental Organizations ·Business

· Industry ·Academia

· Federal, State and Tribal Governments ·Labor



### E. COMMUNICATION ISSUES OSWER will continue to reach outtoourmany and varied stakeholders onhow best to address environmentaljustice issues with regard to waste programs. OSWER expects the dialogue to continue as implementationplans are developedlbyRegions and Headquarters waste programs to address the major recommendations ofthis 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) TitleVIofthe Civil Rights Act; 3) cumulativerisk; 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 areashasimplicationsfor all OSWER

### programs andrecommendationspertaining to each ofthem will be addressed in implementation plans. 

## A. ESTABLISHING GUIDELINES FOR ENVIRONMENTAL JUSTICE Background The Agency is working to create parameters to define environmentaljustice 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 justiceissues. Establishing means to identify sites that raise environmentaljustice issues is critical to addressing environmentaljustice concerns. 

### Regnnmeo<latiop: Establish guidelines for identifying communitieswith environmentaljustice issues that ensure a measure of flexibility while contributingconsistency across the Regions. Interim guidelines thatpromote ameasure of consistency, but still provide for Regional and programmatic flexibility, are warranted. The guidelines would be used bythe Regions to identify sites thateitherraise orwould be likelyto raise environmental justice issues. Guidelines could take the fonn ofspecific questions that EPA officials would consideron a site-specificbasis. Questions could address existing environmental risks andhealtheffects, the racial and ethnic makeup ofan affected community, relative income levels, educational backgrounds, pastregulatory practices, and theperspective provided bylocal community leaders. The guidelines might also listvarious scenarios thatwouldtendtoindicate anenvironmentaljustice situation, suchas the filing ofaTitle VI complaint Underthis proposal, areas detennined to fall withintheguidelines 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 ofinflexible definitions thatdonottake into account site-specific dynamics. Second, it would give priority to aJreas thatneed 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 withintheRegions, butrather, would serve as supporting guidan1ce. Fifth, this recommendation would not involve allocation ofnew resources and could ultimately bring aboutreducedcosts by attempting to address potentialproblemsbefore they arise. 

## B. TITLE VI OF THE CIVIL RIGHTS ACT Background Title VI ofthe 1964 Civil Rights Act generally requires that any program or activity receiving Federal financial assistance be implemented in anon-discriminatory manner. Title VI ofthe Civil Rights Act of 1964 provides that: No person inthe United States shall, onthe grounds ofrace, 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 ofgreat 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 ofrules, regulations or orders ofgeneral applicability. UnderEPA's implementingregulations, 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-discriminatorymanner. OSWERprograms administeravariety ofgrants and cooperative agreements through whichEPA 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 amannerthatensures they do nothave the effectofsubjectingpersons to discrimination on thebasis ofrace, colorornationalorigin. However, Section 6-608 of the orderstates that "federal agencies shall implementthe orderconsistentwith, 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), whichhas primary responsibility forthe Agency's implementation ofTitle VI, has recently accepted these complaints for investigation. ATitle VI comp1aintcould affectfederal fundingofauthorized Statepennitting programs fornew hazardous waste facilities. Inthe case ofanew facility, OSWERmay retain authority over issuance ofaportion ofthe required permit, and, pending aTitle VI investigation, might be called upon to make the final determination concerning issuance ofa pennit. In making pennitting decisions, OSWER does not have the authority to consider allegations in aTitle VI complaintthat 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 apermitting decision. Section 3005(c) ofRCRA provides that EPA "shall issue a pennit" to a facility in compliance with the requirements ofRCRA. 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 ofapennit 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 pennit under RCRA do not include claims ofbias based on race orincome that are notrelated to riskto human health orthe environment. In light ofthis situation, OSWER officials

-- particularly those implementing RCRA --need guidance onhow to respond whenTitle 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 environmentaljustice concerns that are unrelated to protection ofhuman health and the environment (e.g., allegations of purely socio-economic discriminatory effects). Beoommendatjop; OSWER programs should establish a strategy to respond effectively to environmentaljusticecomplaints raising health-relatedconcerns. Title VI claims raise issues that stretchbeyond the scopeofOSWERprograms. Ultimately, the Agency as a whole must develop a strategy for how its offices should respond to these types ofcomplaints. 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 mustproceedto d(:velopinterim solutions that will provide the Regions withthe 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 aTitle VI complaint already exists in the context ofthe RCRA pennitting program. Recently, Region 6 requested guidance on how to respond to environmentaljustice-basedchallenges to the issuance ofEPA'sportion ofaRCRA pennit. Inresponse, OSWER Headquarters sent amemorandum statingthatthe 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 thatthey would notpose an unacceptable riskto human health orthe environment. Thus, where complaints orcomments alleging discriminationconcerning 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 apennitapplication. Since environmentaljustice complaints are oftenbased on the threat of unhealthy environmental exposures, OSWER would be justified in refusing to issue a new pennit pending full consideration ofpotential health effects. During the interim period ofevaluation, several options exist. Beoommendatiop; Encourage mediation andpossibly discussion ofalternate sites, and, in serious cases, consider performing risk assessments, in the absence ofan 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 riskposed and could include discussion ofalternative sites. Bringing allparties 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 andthe level of public involvementto 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 ofmultiple pollution sources, consideration should be given to performing orencouragingthe Stateto initiate arisk assessment, inthe 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 orrisk assessment This option may not be well received by the community due to low community confidence in arisk assessment performed by the permittee. Itisimportanttonotethatgiventhefactthatfacilitiesmustoperatewithinstrict regulatory limits, a risk assessment on a facility operating in compliance ofRCRA regulations would not be expected to routinely demonstrate that the facility is outside an acceptable riskrange. Furthermore, inthe eventthat arisk assessmentdemonstrated unacceptable risk to humanhealthortheenvironment, EPA couldimpose permitterms or conditions beyond those in the regulations to address such risk. Only if EPA determined thatno additional permit terms orconditions could be designed that would protect human health and the environment, could EPA deny the facility a permit. Recornrneodatjop: Explore the possibility ofusing early baseline health evaluations, as appropriate. One approach OSWER should explore further is whether, as appropriate, baseline evaluations of communityhealthcould serve as ascreeningtool fordetermining where risk assessments may be appropriate. To the extent this proves feasible, such evaluations shouldbe performed atthe earliestpossible pointinthepermitting process, whenthe public has an opportunity to participate inthe discussion. Underthis proposal, where public health evaluations revealed serious public health concerns in the vicinity ofaproposed facility, OSWER might opt to perform or require a risk assessment that focused onthe incremental health risks associated with the new facility, in the absence ofan existing risk assessment. There are resource concerns associated withthis option, although the use ofpublic health evaluations as a screening tool mighthelp 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 ofCivil Rights (OCR) and the Office ofGeneral Council (OGC) since the majority ofTitle VI environmentaljustice related claims received by EPA have been made in association with OSWER related programs. OSWER, the Regions and OCR should consult regularly to determine whatideas and resources can be leveraged to resolve complaints informally and obtain compliance by recipients.

15OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT FINAL REPORT


### C. CUMULATIVE RISK

16 Reqmunepdatiop: Perform periodic reviews ofState-authorizedpt·ograms to ensure compliance with Title VI. As a preventative measure, OSWER could helpfinance OCR and otherEPA programs periodic Title VI compliance reviews ofrecipient programs a:nd activities. EPA's implementing regulations allow for Agency review ofrecipientprograms 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 ofsuch review. Berommepdatjon; Require States to comply with Title VI as a condition for referralorauthorizationunderSuperfund. As part ofany referral orauthorization, OSWER, in accordance with Title VI, must insist that States avoid discriminatory implementation ofthe clean1up program. 

## C. CUMULATIVE RISK Background Cumulative risks may be the result of exposures to single or multiple contaminants from one ormore 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 ofthat facility are at or near levels of concer:ns for health. Additional discussion ofcumulative risk canbe found in the Superfund section ofthis report in the Program-Specific Chapter.**~** Inadequate science to measurecumulative 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 riskbe considered inmaking (site-specific)pennitting, siting, national priorities listing, remediation, and enforcement decisions? How should cumulative risk be considered in making regulatory decisions? How caninfonnation 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 standardsfor measuringcumulativerisk. First, OSWER supports amendments to Superfund that would fund demonstrationprojectsdesignedinparttofashionappropriatecumulativeriskassessment teclm.iques. This approach has the attraction ofproviding 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 ofits top priorities. Third, OSWER should work in cooperation with otherEPA offices and otherFederal agencies to help craftviable methodological tools to be tested under the auspices offuture demonstration projects. 

### D. GEOGRAPHIC INFORMATION SYSTEM (GIS) Background Developing a strategy for the use of GIS to identify communities with environmental justiceconcerns is the focus ofamajorAgency-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 databases of demographic and economic information, sources of pollution and pollution burden on the environment. Usingthisinformation, EPA analysts can identifyknown 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 ofGIS 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, incomelevel, age, etc.) describingthepopulationcharacteristics surrounding sites and facilities of interest

17OSWER ENVIRONMENTAL JuSTICE TASK FoRCE DRAFT FINAL REPORT


### E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS

18 is the typical serviceprovidedby GIS withinAgency Headquarters. Thesedemographic 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 environmentaljustice concerns. The issues involved in attaining this capability include resources for equipment, 

### trained personnel, improved locationlongitude and latitude coordinates forfacilities and sites, and agreement on acceptable analysis techniques and procedures. BemiiJIDelldation: Support OARM and ORD in developing GIS aapabUity throughout theAgency. 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 appropriateAgency-wide approaches. Regions and Headquarterprogramoffices shoulduseGIS andothe:rinfonnation systems such as CERCUS, RCRIS and RELAI to proactively identify and address potential environmentaljustice 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 ofthe analysis. 

### E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS Background OSWERhas functions devoted to external outreach spreadthroughouteachof 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. Avariety of external stakeholdershave expressed the view thatwaste 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-relatedenvironmental justiceconcerns OSWER with the Regions should considerdeveloping apublic education and outreachprogram for communities likely tohave environmental justiceconcerns inthe proximity ofOSWER-regulated facilities. As a model, OSWER has initiated a pilot program with the National Association for the Advancement of Colored People (NAACP) to assistincommunication and facilitation ofissue resolution withminority 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. Forexample, Region 4 has found the strategy of identifying popularmediaoutlets tobecritical to its successful response activities in Tift County, GA

. 

### .Recommeoclatjop: Develop program-specificandcommunity/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 easilytranslate the document, means of distributing the document, and discussion inthe document that directly address environmentaljustice issues where applicable. In addition, OSWER programs, for example, should develop outreach materials thatidentify and communicatepolicy forresponding to environmentaljustice issues associated with their activities, providing aconsistent Agency message. These materials could also highlight success stories and profile ongoing environmentaljustice activities.

19

### OSWER ENVIRONMENTAL JuSTICE TASK FoRCE DRAFT fiNAL REPORT
E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS

20 Bemrnmentlatjon: Explore ways ofexpanding 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 staffversus 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 notto issue Spanishlanguage fact sheets since illiteracy was widespreadin his community. As a result, infonnation was broadcast over Spanish radio .and television and effective communication was achieved. OSWER and the Regions may considerreevaluating existing publications for translation needs, developing an Emergency Translation Service Capability and including translation services in response action contracts. Bemrnmeotlatjon: ConductRegional environmental justicepublic: forums. EachRegion should conduct an environmentaljusticepublic fomm opento all interested stakeholders. The Regional forum meetings will be**schedul4~** biannually, and will address implementation ofOSWER 's environmentaljustice strategy, as well as site-specific concerns arising within each Region. Recommendation; Coordinatewith recently established Subcommittee on Waste ofthe first National Environmental Jusltice Advisory Council on environmentaljustice to focus on implementation ofthe OSWER Task Force's recommendations. The Agency has announced the fonnation ofthe firstNationalEnvironmental Justice Advisory Council. OSWER has worked with OARM to create a subcommittee onwaste. OSWERwill workwiththe Agency-wide council as well as the subcommittee onwaste. OSWER should directthe 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 environmentaljustice. Bemmmentlatjon: Explore use ofRegional environmental educa1:ion grants to promoteenvironmentaljusticeeducation. EPA's Office ofEnvironmental 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 eligiblerecipients. Thelaw requires that aspecifiedpercentage ofappropriated funds be awarded forthese grants. OSWER should explore using these Regional grants to geteducationmoney to organized communitygroups onenvironmental justiceissues. In addition, the Office ofEnvironmentalJustice also funds small grants to local entities for these purposes. 

### Becommeodatjop: Future contracts to staft'EPA 

### hotlines should include a requirement ofaccess to translation services for nonEnglish speakingpersons. 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 staffthe 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 effectivelycommunicate the limits ofits authority and resources; thatis, whatitcan and cannotdo. This issue bears particularrelevance to the Superfundprogram since itmust undertake more aggressive community outreach and is often the only pointofcontact communities have with EPA officials. This recommendation notwithstanding, where reasonable requests are made that merely require the attention ofotherparts ofEP Aor 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 ofbusiness, industry, labor and other stakeholders in waste programs, OSWER has begun to explore how it can worlc. more effectively in partnershipwiththese entities. OSWERbelieves that suchpartnershipshave relevance to addressing environmentaljustice concerns.

21

### OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT


### E. OUTREACH, COMMUNICATIONS AND PARTNERSHIPS



### 22**~** Need to increase business and industryrole in addressing environmental justiceissues. 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 environmentaljustice issues. Bemmmeodatiog: Develop guidance for making business and industry a key player in addressingenvironmental justiceissues. 

### IfOSWER were to

### bring business and industry explicitly into the: 

### dialogue on environmental justice issues, OSWERmay be able to

### ensurethatcommunity. 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 

### addressjoint pannerships with industry. Specifically, the OSWERTaskForce suggestedthe followingjointactivities: Initiate focus groups with all stakeholders, and promote communication between EPA, business and 

### industry on environmental justice issues

.. Conduct a conference thatbrings community representatives and

### otherstakeholders togetherwith industry to discuss what each side can do to 

### address environmentaljustice 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 analyzethe results of these activities and incorporate the lessons learnedinto guidance development Examine cases where communities have been able to 

### encourage industry to modify their approach to 

### address environmentaljustice issues. Based on what is learned through these activities, OSWER should develop guidance for addressing environmentaljustice issues where industry an<ll 

### business are major players.**~** Need to consider role oflabor groups 

### Labor groups offer valuable information on matters of**workc~r** 

### health and 

### safety, workertraining, and identificationofcombined 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 thatextendbeyond OSWER' sjurisdiction and resources. 

### llsau:i. Need to expandopportunitiesfor communityparticipation. 

### Many communitiesnearhazardous waste sites, includinglow-income, minority and tribal populations, may not have had an opportunity to 

### fully participate in the cleanupprocess. These communities believe that remediationprograms do notaddress local concerns adequately when addressing riskordetermining the method andlevelof cleanup. Further, local community members may not have had the educational and 

### training opportunities to 

### be able to 

### fully participateinthe economic benefits ofcleanup. Bap1DD113Jdationi Expandenvironmental workforcecurriculumanddevelop pilotswith community colleges, labor organizations, universities andother worker training groups. 

### One ofthe most effective means ofassuring local involvement in the cleanup decision-making process is to train residents forpotential environmental employment opportunities. Community colleges provide anexisting avenue for achieving thatgoal. 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 inenvironmentaljusticecommunities around the nation. These willbe linked, whenever possible, to 

### brownfields pilots, offering in some communities a holistic approachto 

### 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 amatterofpolicy, requires the consideration ofe1wironmental justice in

### policy and regulatozy development OSWERhasnotconsistentlyimplemented this policy. Beeonmaulation: OSWER to issue a directive requiring consideration of environmentaljustice in aU policies, guidancesund regulations 

### The Assistant Administrator of OSWER will sign a directive:s instructing program offices within OSWER and the Regional waste programs to consider environmentaljustice issues in developing policies, guidances, and regulations. 

## F. ECONOMIC REDEVELOPMENT Background Economic development oppornmities may arise and 

### should**b~** 

### explored in conjunction withmany activities thatalso promote environmentaljustice. 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 reentenned the "Brownfields dilemma."**~** PatternsofEnvironmental "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" aproperty 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 ofthe property.

### OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT


### F. ECONOMIC REDEVELOPMENT

Bemmmepdatjon: Explore theuse ofenforcement 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 wantto 

### considermodifications to 

### "Guidance on Settlements with Prospective Purchasers of Contaminated Property" (OSWER Dir. 9835.9). Pursuantto this Guidance, EPA has limited its use ofprospective purchasercovenants not to 

### sue to 

### sites at which "enforcement action is anticipated" Alimitation ofliability would lend some certainty regarding the investment/remediationcosts anew 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 notcurrently anticipate enforcement action atthis site. While such aletter would fall far shortofacovenantnotto 

### sue, itmay provide lenders with some assurance thatthe given property is notlikely to 

### be subject to 

### an enforcement actionbythe United States. It

### shouldbenotedthatthe

### prospectivepurchaserlanguageinthe

### 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 environmentalassessments. 

### 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 ownerofreal property to qualify for the "innocentlandowner'' defense, the party must have undertaken at the time ofacquisition "all appropriate inquiry into the

### previous ownership anduses of the property
... " The statute does not, however, offer a precise definition ofwhat would constitute "all appropriate inquiry." Bem:mmendation: OSWER should support private efforts to conduct and define "all appropriateinquiry." 

### Severalprivateprofessional 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). 

### 25OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT fiNAL REPORT


### G. CONTRACTS, GRANTS AND LABOR

26 Remmmenclatjon: Continue to implement ''brownflelds"pilot projects. The Qeveland "Brownfields" pilotto retumcontaminatedinner-c:ityproperties to productive use is another example ofusing partnerships to address elllvironmental justice needs. This project is founded on a strong partnership between EJPA, the State ofOhio, the CuyahogaCountyPlanning Commission, andthecommunities surrounding the pilot sites. By recognizing the common interest these parties have in revitalizing inner-city Cleveland, this projectwill help overcome the obstacles thathave keptthese blighted areas from thriving. The pilot funds the assessment ofhazardous substances and potential sites within the brownfields area. Building upon the example ofthe 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 othermeans, have clearly expressed adesire forEPA to do whatis necessary to increase ·employment opportunities for local labor and to generally reduce theeconomic and SO<:ial "stigma" associated with Superfund sites and otherwaste facilities. Itis the policy of the Federal government that a fairproportion of governmentcontracts and subcontra•cts beplaced 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. Itis important to note that these are goals and not rigid quotas, and the extent to which the goals have been metis reported to Congress each year. Public Law 101-507,EPA's Appropriations Act of 1990, requires that 8% offederal 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. Locallabortypicallytends to consistofsmall 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 ofwhich are extensively discussed in the FAR.

### OSWER ENVIRONMENTAL JumcE TAsK FoRCE DRAFT fiNAL REPORT
G. CONTRACTS, GRANTS AND LABOR

Whilemany Federal government acquisitions are toolarge 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 anincentive clause innegotiated contracts underwhich a contractor may increase its profit by a designated percentage ofthe extent to which the actual awards to small businesses exceedthe percentage negotiated and includedin the clause. FAR 52.219-10. A s1,1bcontracting plan, typically included by EPA in its contracts for site cleanup, mustinclude goals for the use ofsmall and disadvantaged business and small disadvantagedbusiness 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 enterinto 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) atleast51 percentownedbyoneormore sociallydisadvantaged (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 ormore ofsuch individuals. Under the 8(a) program, SBA assists disadvantaged small businesses in contracting opportunities with theFederal 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 noncompetitivebasis, whereas8(a)conttactsexceeding$3million(exceptformanufacturing which has athresholdof$5 million)mustbeprocuredcompetitively. The 8(a)program offers an effective means to stimulate growth ofsmall and disadvantaged businesses over aperiod oftime so that these finns may be self-sustaining, competitive entities in the market place.


### Policies Favoring "Labor Surplus Area" Concerns "Labor swplus area" means ageographical area identified by the Department ofLabor as an area ofconcentrated unemployment orunderemployment or an area of laborsurplus. The contracting officermay set aside the entire amountofaprocurement forlaborsurplus area(LSA) concerns when there is areasonable expectation thatoffers 27

### OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT
G. CONTRACTS, GRANTS AND LABOR

28 

### will be obtained from a sufficientnumberofresponsible 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 oflocal 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 beliefamong both the public and many EPA personnel that more must be done to encourage the use oflocal labor and to increase education efforts in the communities. Bemmmendation: Evaluate possible changes to the award process which would promote increased use oflocal and small and disadvantagedbusinesses 

### OSWER, worldng with the 

### Office of AcquisitionManagement, 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 contractperfOimance local "fair share" disadvantaged business goals underthe 

### small disadvantaged goals of the subcontractplan agreedto at**time~** 

### of contract award; 2) decrease bonding requirements forlocal fmns; and 3) have prime contractors provide 30-day advancenoticetolocalcompanies bypublishingsubcontractopportunities in local newspapers. These initiatives would promote increased use of local minority and disadvantaged businesses, yetmay require deviations from the FAR oramf:ndments to the EPA Acquisition Regulations. Recommendation: Use existing FAR provisions to benefit small and disadvantagedbusinesses. 

### 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 disadvantagedbusinesses. For example, OSWERcould draft

### incentive clauses allowing contractors to increase award fees tothe extent small/disadvantagedbusiness utilizationexceedsnegotiatedpercentage goals. OSWER should encourage greater use ofF AR 52.219-10, the incentive clause in negotiated contracts which provides clearmonetary 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 ofmoney spent in the community.
In addition, OSWER could require Waste programs' contractors to report amounts ofsmall and disadvantaged business awards inlocal communities, which the Agency could then incorporate into progress reports issued to the public. OSWER could also take steps to researchlocal community capabilities and increase community interaction outside of the contracting process. Once again, this couldhelp 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 environmentaljustice issues and solicit their support in use oflocal labor to augment the economic base of the communities (e.g., Hazardous Waste Action Coalition). OSWER will also begin a dialogue with the Office ofEnforcement to determine the feasibility of considering environmental justice and employment of local labor in settlement discussions with the potentially responsible parties. Recommendation: Establishlocal consultationcommittees. OSWER will explore: 1) establishing local consultation committees that include representatives from minority businesses and the ChamberofCommerce that would help EPA identify local employment opportunities and publicize potential contracting opportunities; 2) using the committee to defme scope and pattern ofwork in a manner that facilitates opportunities for small and disadvantaged businesses; 3) working with the Office ofEnforcement on the possibility ofincluding provisions in consent decrees at Superfund sites that require either EPA or responsible parties to complete, atthe 50% remedial designpoint, an evaluationofavailability and capabilities ofthe local labor pool. Recommendation; FullyimplementtheMentor-ProtegeProgram. OSWER will work with EPA's Office ofSmall and Disadvantaged Business Utilization (OSDBU) to fully implement the Mentor-Protege Program, which is currentlybeingpiloted in SuperfundResponse Action Contracts. This program, which is administered throughthe OSDBU, is designed to stimulate theparticipation ofsmall 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 theirmanagerial and technical expertise with smallerfirms throughoutperformance 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 abroad range ofexperience 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 justiceobjectives. Remmmemtatjon; Include language that gives priority to Environmental Justice concernsin grants and cooperative agreements. OSWER will work with the Grants Administration Division to explore incorporating special conditions for contracting goals (not set asides), ifthe 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 ofthese agencies are: Agency for Toxic Substances and Disease RegistJry (ATSDR), U.S. Department ofJustice (DOJ), the National Institute of Environmental Health Sciences (NIEHS), DeparttnentofHousing andUrbanDevelopment(HUD), Department ofAgriculture (USDA), Department ofthe Interior (DOl), and the many otherFederal agencies that own oroperate facilities regulated by OSWER. With the issuance ofthe Environmental Justice Executive Order, the Federal government will increase the emphasis on interagency cooperation. Certain examples ofhow OSWER is working together with**othc~r** agencies to ensure environmentaljustice already exist Atthe RSR Superfund site in WestDallas,

### 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 indoorand outdoorlead 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 ofthe kind ofwork that can and mustbedone to alleviateenvironmental risks inlow income and minority communities. There are atleasttwo majornational health agencies thathave adesignated role in the Superfund program and that also have the intent, interest, and ability to assist in addressing many ofthe outstanding environmentaljustice health science issues. The Agency for Toxic Substances and Disease Registry (ATSDR) 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'' TheNational InstituteofEnvironmental Health Science (NIEHS), one of the National Institutes ofHealth, is a world centerfor research into humanhealth effects from chemical pollutants. ATSDR has in place aMinority HealthProgram which addresses the possible impacts onminoritypopulations 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 relationshipbetween identified adverse humanhealth outcome and hazardous substances inminority communities; (3) to develop and execute environmental riskcommunication andeducationprograms andto mitigate andprevent 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 oflife resulting from exposure to hazardous substances in the environment. Themission ofNIEHS is to reduce theburdenofhumanillness and dysfunction from environmental exposures by understanding eachof threeelements- environmental exposures, individual susceptibility and time

- and how they interrelate. NIEHS achieves its missionthroughmulti-disciplinarybiomedical researchprograms, 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 ofenvironmental disorders; research into the environmental causes ofdiseases ofpublic 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 forhazardous substance handling andemergency response. Thebasic research component is aunique program ofbasic 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, interdisciplinaryprograms.**~** 

### Avoid possible duplication ofeffort between EPA and health ugencies. There are anumberofcommon goals relating to environmentaljus1ticethatare 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 ofhazardous 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 incommunities withenvironmentaljustic'e concerns, and building trust among the communities. However, without close coordination and 

### cooperation, the effortto achievethese goals willbe duplicated,time and 

### money wasted and the attainment oftrust within the communities thwarted. 

### Bemmmendation: Improve coordination between the agencies. Coordination is an important way to avoid duplication of effort. The Interagency Working Groupmandated inthe Executive Orderwill

### 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 ofthe liaison should include communicating regularly with the liaisons from the other two agencies, distributing infonnation to 

### people withintheirown agency regarding activities inthe 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 ofthe Geographic lnfonnation System (GIS). 

### Bemmmendation: Explore other means ofcooperation with 

### other F1ederal agencies An 

### effective future strategy for environmentaljustice 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 ofother Federal, State and local agencies. EPA's experience at Superfund sites in particularhighlights 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 medicaltreatmentto addresshealthproblems associatedwithexposuretooollltamination.

### 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 otherEPA program offices such as the air and water programs. The Administration's Superfund reauthorization proposal addresses this in part by calling for the funding ofdemonstration projects addressing multiple sources of risk linked to HUD and USDA empowerment zones. Under this proposal, EPA would leverage the resources ofother 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 empowermentzones in as many ways as possible. Themoney available throughthis HUD and USDA initiative might be used to help fund multimedia cleanups, innovative new approaches to risk analysis, lead abatementinitiatives, pollutionprevention efforts, public education and training, economic redevelopmentefforts, and enhanced community involvement. OSWER should also work with HUD to explore the potential ofcollaborating on HUD' snew Step-Up initiative. This initiative combines the resources oforganized 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 ofauthorities 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. Jointprojects with ATSDR can serve as one avenue ofenhancing 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 shoulddetermine whatbenefits HHS canprovide communities suffering from environmentalhealth effects. Forexample, OSWER should also explore otheroptions 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. Inmany ofthe 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 establishenvironmental justice pilot**pn1~ects** working with another Federal department or**age~ncy** and explore development ofinteragency Regional Councils. TheOSWERTaskForcerecommends thateachRegionexplore ways in which we can work cooperatively with one ormore otherFederal 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 ofIndian Affairs (BIA), DOD, ATSDR, the Bureau ofReclamation and the Corps ofEngineers to respond to community needs at Superfund sites. Region 6has already i11dtiated such an effort as aresultof theproblems routinely faced by the region's Superfundprogram. Similar efforts could be undertaken in other regions. Bemmmendation: Continue to participate in ATSDR'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 andpollution. This goal will be pursued jointlywithotherFederal 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 ofcooperation among Federal, State and local health agencies, the Delta Project will: identify environmental hazards, including toxic wastes that may impacton the health of people in the Delta; evaluate (in association with State and local health agencies and academic institutions inthe Deltaregion) the public health impacts ofidentified environmental hazards; increase the awareness ofhealth 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 HeadstartCenters, preschool andprimarythrough college levelinstitutions inthe Delta Region. Currently, the needs assessment phase ofthe 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 inthis section of the report. Additional program-specificissues and recommendations can be found in the following chapter ofthis report
. .la.sJ.u:;. Development ofTribal capacity and/or full implementation ofFederal programs. On IndianLands, there are two principal avenues forenvironmentalprotection: l)developmentofTribalcapacity andtheauthorizationofTribes to operateenvironmental programs in lieu ofthe Federal government and/or 2) the implementation ofFederal programs in partnership with aTribe. In addition, the Agency supports the voluntary cooperation between State, Tribal and local governments to resolve environmental issues ofmutual concern. However, Tribal representatives believe that neither ofthe two principal avenues have been sufficiently implemented in Indian Lands. Tribal representatives believe that this canonly be achieved throughthe further development ofTribal environmental programs or the full implementation ofFederal programs. Recgrpmenclation: OSWER will continue to support the efforts ofthe EPA Senior Leadership Team for Tribal Operations. OSWER should continue to support the effort currently underway by the Administrator's SeniorLeadership 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 theircapacity to implement OSWERprograms. Inaddition, OSWER will examine options available to fund Federal implementationofOSWERprograms 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 environmentalprotectionnetworlcs.

35OSWER ENVIRONMENTAL JuSTICE TASK FoRCE DRAFT FINAL REPORT


### I. NATIVE AMERICAN/TRIBAL ISSUES

36 Kemmmendatjon: Improve communication and initiate pilots with CJtther Federal agencies onIndian 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 theFederal agencies with responsibility forTribal lands will be examined in relation to each agency's mandate and resource base. In addition, OSWER will explore options to improve communication andhelp facilitate a clarification of authority between agencies. This may be**ac~::omplished** through a Memorandum ofAgreement. lsmc;. Need to improve EPA/Tribal communications Effective communication between EPA and the Tribes remains difficult for a variety of reasons. EPA should be clearaboutwho is responsible fortribal issues within the Agency. Tribal governments should likewise designate a single pointof contactor, in the case ofsmaller Tribes, an inter-tribal point ofcontact. 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 shouldbe 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 ofNative Americans in evaluatingrisk Exposure consumption patterns are different for tribes, as learn.ed through several studies, including the forthcoming one perfonned by the Columbia Intertribal Fish CommissionThedraftreportbeing undertakenunderanEPA 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 oftribes, as well as male and female anglers and their children, in the Great Lakes region. Fishtissue analyses arebeing 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 supportongoing studiesbeing conductedthroughoutprograms in the Agency on fish consumption and factor these into their decision-making with regard to tribal exposure patterns. 

### Becomrnendatjon: OSWER Sponsorship ofSecond National Tribal Conferenceon Environmental Management OnMay 23

- 26, 1994, OSWER will help sponsorthe Second National Tribal Conference on Environmental Management. The event is being hosted and cosponsored by the Eastern Band ofCherokee Indians, in Cherokee, NC. The first such OSWER conference was held two years ago and about400people attended representing 90Tribes. Theconferenceplanners are expectingmany more people to attendthis year. Travel assistance is beingprovidedto Tribalrepresentatives on an as-neededbasis. 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 AlaskaTribes do have unique legal and environmental concerns that are not sharedby the other 309 Tribes in the lower 48 States. 

### RecoiiJIDCQdation: Explore options in addressing unique concerns ofAlaska Native entities. OSWER will work to cultivate an increased sensitivity to the problems faced by AlaskaNative Tribes. Achieving environmentaljustice in Indian Lands in Alaska willrequire up-front education andtraining ofOSWER staffand managementin order tofully understandtheTribes' differentenvironmental concerns withinthis 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 environmentaljusticeissues. OSWER and the Regions should find ways to educate theirmany employees regarding environmentaljustice issues. Environmentaljusticetraining maybehelpful to 

### employees at all 

### levels based on the role and responsibilities they assume within the organization, and the nature oftheir contacts with the public. 

### Kecommendatiop: Educate OSWER and Regional employees on environmentaljusticeissues. OSWER should develop a seminar or training curriculum for Headquaners and Regional waste programs employees to 

### sensitize them to environmentaljustice issues. In 

### addition, OSWER should emphasize how environmentaljustice 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'sactivities outreach, environmentaljustice, economic redevelopment, and State/local and Tribal government relations are spreadthroughout OSWER organizations. OSWER' scurrentorganizational 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 redevelopmentissues relating to all 

### OSWER wasteprograms. State andlocal 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 Associationhave expressed adesire forhighlevel management attention and input into these relationships. Tribal groups have similarly expressed their desire for more seniormanagementfocus. Bemmrneodatjon: OSWER needs a centralized focal point and coordinator for environmentaljusticeissues. The OSWERTaskForce recommended the establishmentofaclearfocal point with access to seniormanagementto coordinate issues related to environmentaljustice, community outreach, State/local/tribal government and economic redevelopment issues andto establishan OSWERenvironmental justiceworlc.groupwithrepresentatives across all programs to focus on these issues. One ofthe OSWER Deputy Assistant Administrators should be designated as the senior organizational focal point for environmentaljustice issues and activities. It was also recommended that a single person be designated as an Environmental Justice coordinator for the Assistant Administrator. 3. ProgramImplementation 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 justiceissues throughout Regional waste programs. Currently Regions are pursuing creative approaches in only one ofthe waste programs (Superfund); however, environmentaljustice issues also arise in the context ofthe other waste programs under EPA's control. Bemmmendatjon; Pilot new ideas for addressing environmentaljustice concerns in a specific geographic area. EachRegion shouldlookacross theirwasteprograms and selectone additional project to pilot creative new ideas for addressing environmentaljustice concerns in a specific geographic area. Regions will nominate what will be the most appropriate project within theirRegion.

39OSWER ENVIRONMENTAL JusncE TAsK FoRCE DRAFT FINAL REPORT

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40OSWER ENVIRONMENTAL JuSTICE TASK foRCE DRAFT FINAL REPORT 

# CHAPTER 4 PROGRAM-SPECIFIC ENVIRONMENTAL JUSTICE ISSUES AND RECOMMENDATIONS 

# T his 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 ofhazardous 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 ofwastes. In 

### the RCRA Subtitle C (hazardous waste) program, EPA strives to protect human health and the environmentfrom the potentialhannful effects resulting from the mismanagementofhazardous wastes. One of the goals underRCRA is to minimize the amount ofhazardous waste which is generated. The less hazardous waste generated, the less hazardous waste there is requiring management When industries do generate hazardous wastes, the nextpriority underRCRA is to ensure safemanagementof 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 orhave historically been mismanaged, the Agency then requires careful clean-up steps to be taken. Once generated, hazardous wastes are managed atfacilities calledTreatment, 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 inthis sectionrelate primarilyto the siting and operation ofTSDFs. EPA has come to realize that certain segments ofthe population may be unevenly bearing the effects ofhazardous waste management at TSDFs. Some investigations have shownthatthere arehighpercentages 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 respondto environmental justiceconcerns inthe 

### implementationoftheRCRAprogram.

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 ofnew 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 criteriaforthe acceptablelocationof new andexistingTreatment, 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 recentlyprepared adraftrule 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 canpass sitinglaws muchmore easily than EPA because States oftenhave 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 believethis to be an answer to the RCRA facility siting issue. Setback distances potentially may have a negative impactonenvironmental justicecommunities, andmaybeperceived as abandaid approach. For example, setback distances could force siting in rural areas outsideOSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT


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

ofhighdensity populations and such rural areas may be composed ofapoor/minority/ less educated community. Inconsidering appropriate future actions, avariety ofoptions 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, environmentaljustice issues and setback distances. The Office of Solid Waste (OSW) should fonn a work group to evaluate a variety ofsiting issues such as; evaluating options forrevising the technical geological location standards; review of existing and potential standards for siting hazardous waste facilities; environmentaljustice issues with siting; and the feasibility ofsetback 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 documentthat would provide technical assistance on how to best site a hazardous waste facility in light ofenvironmentaljustice 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 ofahazardous 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 seekto 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, andtheNational Conference ofMayors. Dialogue could focus on policy options and theirlimitations. 

### RecoJDJJJeQdation; Compile a national summary ofState, tribal and local sitingrequirements 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

43OSWER 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 sitingprinciples 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. Infact, a 1993 repon prepared by theNational Governors Association and reflecting the viewpoint ofState 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: Incorporateenvironmental justiceprioritiesinto annual RCRAimplementationPlan. OSWER could ensure thatenvironmentaljustice priorities are included inthe 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 Statesto considerenvironmental justiceconcerns when making siting Decisions based on protectilng human health andtheenvironment. OSWER should attach a grant conditionto State grant agreements thatrequire States to considerhumanhealth and environmental concerns thatadversdy impactlow income and minority populations. Grantconditions mustbedirectly relatedto 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 environmentaljustice complaints that alrise during permittingprocess. RCRA does not contain explicit or implicit authority entitling EPA to deny a permit based on environmentaljustice 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 permitconditionsnecessary toprotecthwnanhealth and the environment In theory, if no permit conditions could be written that would adequately protect against the identified risk, then EPA couldjustify 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 justiceissues raising health-related concerns. As noted in the Title VI section ofthis report, OSWER should fully consider health risks related to environmental justice concerns prior to issuance of a final detennination on thepennit. During the ensuingperiod, EPA could attemptto mediate the situation through various channels ofcommunication. Inhighlyvolatile situations, where risks to human health and environment are found, a risk assessment could be perfonned orberequired by EPA in appropriate circumstances, presuming onehas not already been perfonned. In order to try to identify environmentaljustice concerns early on, OSWER should explore the possibility of using, in certain circumstances, public health assessments atthe outsetofthepennittingprocess as atoolforgaugingpotentialhuman health concerns in communities affected by a proposed facility. Thus, where such assessments revealed serious preexisting healthproblems, OSWER would focus onthe incremental risks associated with the facility and respond accordingly. Relevant discussions would occur during the public involvement phase ofthe pennitting cycle in orderto ensurethatdecisions reflectcommunity concerns. To theextentthis proposal is viable, it would not apply in every instance but rather would be considered based on the merits ofeach case.


### 3. RCRA 

### PUBLIC INVOLVEMENT.**~** Public involvement in RCRA siting and permitting decisions may not be adequate. Concerns have beenraisedthatRCRA siting andpennittingdecisions are made without sufficientmeaningful public involvement CurrentRCRApublic involvement requirementshaveonlytwopointsforfonnalparticipation(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 Inthis way, the proposal is similar conceptually to ideas raised in association with Superfund refonn. Specificitems include requiring apre-applicationmeetingwiththe affectedcommunity, 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 ofinfonnationrepositories 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 environmentaljustice concerns. Kemmmeoclatjop: Increase number ofRegional community relations personnel. More than one RCRA public involvement coordinator is needed perregion to 

### implementthe proposed rule on increasedcommunity involvement. The

### proposedrule should be 

### finalized next year.


### 4. RCRA CORRECTIVE ACTION.**~&me:.** 

### Need for consistency across cleanup programs. RCRA corrective action facilities raise many ofthe same health and safety issues as Superfund sites, and therefore merit comparable responses. KemmmemJatjop: Examine whether priority setting method adequately considers environmentaljusticeconcerns. OSW officials should examine ifcurrent priority setting methods utilized for corrective actions adequately considers environmentaljustice concerns. RemmmemJatjon: Ensure that activities are consistent with Superfund programpolicies. Remedy selection decisions and pace ofcleanup atcorrective ac:tion facilities could, consistent with Superfund, factor in exposure to multiple source!! ofpollution, 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 exposurethat someminority and

### low incomepopulations experien,ce. Therefore, the environmentaljustice impacts ofsiting these facilities should be

### full.y considered. Kemmmeoclatjop: Performdemographics analysis aroundcombustion 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 ofthese sites to other potential sources ofhazard, 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 ofminority 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 ofenvironmental 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 underRCRA, OSW should accelerate efforts to amend 40 CFR Part271 (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 canparticipateinthe Subtitle Cprogram suchas throughcooperative agreements and/or grants. 

### Rrrommeo<lation: Explore methods to enhance funding oftribal 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 otherFederal agencies. 

### Bemmmendation; Expandinteragencycooperation. In 

### order to increase interagency cooperation, OSW should: 1) promote the 

### fonnation ofRegional inter-agency wolk groups to address waste managementissues on Indian lands; 2) develop action plans with otherFederal 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 Congressionalbudgetary appropriations fortribal assistance go to the most appropriate agency; 4) promote and encourage voluntary partnerships among tribes, Federal agencies, States and local communities in orderto furtherleverage 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 liketo duplicate its AlaskaVISTAprojectwithtribes 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 andcoordinate 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 directionneeded to ensure that OSW's Indian Program is consistent with EPA's commitment to environmentaljusti<;e. RemiDIIlCildalion: 

### Enhance tribal outreach andtraining. OSW shouldexpandoutreach andtraining activities toenhancetribal 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 tribesand regions. Fourtribes arebeing provided access, on apilotbasis, to the State andRegional Programs Bulletin Board. The Bulletin Board has been expanded to include Subtitle Dand Underground Storage Tankinformation (itcurrently has Subtitle Cinformation). Tribes will access the Bulletin Board through IndianNet, a tribal communications networlc. This pilotis also serving as amodel to otherFederal agencies that are worlcing to provide the tribes with readily accessible data information. Ifthe 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 ofhazardous substances or athreatened or actual release ofpollutants 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, riskmanagement, and site remediation. Theseefforts includeconsiderablepublic outreachand community involvement programs managed by EPA's Regional Offices. Meaningfulpublic involvementis essentialto 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 ofeach 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 "courseto introduce the Superfundprocess 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 interactwithcommunity members, the length andnature of these interactions may vary. Forexample, during emergency response activities, anEPA OnScene Coordinator (OSC) and contractormay be in acommunity for a week orlonger and the Remedial Project Manager (RPM) will make occasional visits during site investigation and remedy selectionphases and then return during implementationof the cleanup remedy. The remedial cleanup contractormay be on-site continually, oftenon amulti-yearbasis. The Superfund Community Relations Coordinators inthe 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 withcommunitymembers is anopportunity to identify and effectively address environmentaljustice issues at Superfund sites. While Superfund's community relations program is in direct contact with communities and therefore is most aware of environmental justiceissues, 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 whetherSuperfund sites inminority communities are cleaned up as quickly, orhave remedies that are as protective, as non-minority sites. Others have expressed concernthat sensitivepopulationsmay notbe adequately addressed inrisk assessments. The Office ofEmergency and 

### Remedial Response (OERR) is evaluating some ofthese concerns in a statistical and demographic analysis ofNational Priorities List (NPL) sites. In

### addition, Superfund's risk assessmentguidance (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 orconsumption 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. Superfundenvironmental justice issues and recommendations are discussed in greaterdetail below in six majorprogram areas: public involvement, site assessment, risk assessment, risk management, lead-basedpaint and tribal implementation. Many ofthe issues raised in this section have been identified by sources outside the Agency (see Chapter 3, ofthis report, on outreach). These issues are ofgreatconcern and EPA will identify actions, as well as areas ofresearchto clarify the nature,**extt~nt** 

### and causes ofenvironmentaljusticeproblems.


### 1. PUBLIC INVOLVEMENT 

### 15&1&c:. EPA needsto ensure meaningful communityinvolvement, by all affectedcommunities,inthe Superfundprocess. 

### Throughoutreachefforts ithas 

### cometo EPA's attentionthat some: communities in ornearSuperfund sites, especiallyminoritypopulations andlow-income populations believethatthey haveinsufficientopportunities to

### participateinthe Supe1rfundprocess. These communities have indicated to EPA that the program does not address local concerns adequately when assessing risk or selecting the method and level ofcleanup, especially when considering future 

### land use. These communities also voiced concern thatopportunities for involvementin 

### site activities come too late in the process andthat their input has little impact on cleanup decisions. The

### currentSuperfundlaw 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 greaterpublic 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: Implementpilot projectsestablishingCommunity 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 consistofcommunity leaders and members. The Community Advisory Group would serve as aconduitfor site infonnation to and from the affected community, assist indetenniningland use expectations, and obtaingreater 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 shouldbe developed on the function, operation, and scope of authority of Community Advisory Groups. This interim guidance should build on existing sources (i.e., FederalFacilities EnvironmentalRestorationDialogue 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 ofexperiences with pilot efforts will be factored into the development ofthis 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 Orderdirects Federal agencies to develop an environmentaljustice strategy thatis designed to ensure greater public participation, which is also one ofthe objectives ofthe 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. Anindirectcost ofexpanded community involvementmay 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 ofwhat 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 populationsthat 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 Apreliminary demographic analysis conductedby OERR suggests that, in the communities surrounding the 300 NPL sites evaluated, some minority populations are presentin 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-andconductapilotproactive site assessmentprogram, illlconjunction with States and local communities, that would ensure that sites in areas with minority populations and 

### low-income populations that warrantEPA action are identified. This couldbe

### accomplishedbyencouraging States, localgovernment and 

### communitygroups to use demographic infonnation (e.g., LandView, GIS) and 

### any otherinfOJmationtools to locate sites withpotential environmental threats. 

### OSWER andthe Regions may also consider options including evaluation of the 

### site inspection sites in the queue and detennine which ofthese are located in areas with environmentaljustice concerns. 

### bmti. Need for consistency across cleanupprograms. 

### Superfund cleanups raise many ofthe same health and safety issues as RCRA corrective actions, and therefore merit comparable responses. Rec;ommepdatjon: Examinewhether priority settingmethod adequ.ately considersenvironmentaljusticeconcerns. 

### OERRofficials should examine ifcurrentpriority settingmethodls utilized for cleanups adequately considers environmentaljustice 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 ofse:nsitive subpopulations, currentrisk assessments at Superfund sites may not adequately address other exposure factors ofconcern in areas with minoritypopulationsandlow-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

examiningpopulations for reasonable maximum exposure (RME)

### consumptionlevels oflocally caught fish, animals, and home-grown vegetables. RME defaults are most representative ofindividuals living in a small town or other nontransient community.**~** Because site remediation under CERCLA addresses only those risks posed by the sjte, Superfundrisk assessments currently assess only those sources ofrisk resulting from the CERCLA site. Other sources ofenvironmental risk to populationsaround Superfund sites should be identified in order to betterestablish/coordinate the proper federal response. 

### The focus ofrisk assessments has been on risks caused by contaminants from individual Superfund sites. In 

### some cases, populations around Superfund sites are exposed to additional sources ofenvironmental risk, such as high levels ofindustrial emissions, lead in paint, orhousehold chemicals. Recommendation; Superfundwill develop supplementalrisk assessment guidance in coordination with Agency-wide efforts.
In

### orderfor 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 riskfactors 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 environmentalrisk. 

### The Superfundprogramneeds to find ways to encouragePotentiallyResponsible 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).

53OSWER 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 groupsfor 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 justicein areas with minoritypopulationsand low·incomepopulations. As stated earlier, OERR is also evaluating some of these concerns in a statistical and demographic analysis ofNational Priorities List (NPL) sites. OERR is examiningthedemographiccomposition and average medianincome around Superfund sites as it relates to delivery of services. The demographic characterization has been completed for a subset ofsites, and the methodologies to be used in the analysis are now complete. OERR is now conducting the demographic characterization ofall 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 ofcleanua,s in communitieswith environmentaljusticeissues. OERR will complete the evaluation ofremedy selection and speed ofcleanup 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 ofsimilar 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 ofahumanhealth threat than the lead levels associated with indoorpaint and dust. Yet, based onexisting 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 apolicy to ensure more holistic relief at sites. PRPs are currently encouraged to abate deteriorating indoorlead-basedpaint and indoordust as well as the exterior lead sources. The policy underdevelopment, however, does not currently detail response in the absence of viable PRPs. Currently, CERCLA precludes the use of Superfund money to perfonn abatement ofindoor lead. Rem:rnmendatjon: Encourage other agencies to coordinate efforts on removal or control ofindoor lead paint at Superfund sites. OSWER should continue to encourage PRP action in this area. Anotheroption would be to actively encourage otherFederal, 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 apilotendeavorof this kind with officials from HUD. This pilotcould serve as acatalyst for additional efforts in the future. 

### 6. SUPERFUND TRIBAL IMPLEMENTATION**~** Tribal governments arerequesting systematic Superfundchanges. Currently, OERR activities focus on providing financial and technical assistance tohelp 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 ofthe process to develop its "Superfund Refonn Act of 1994" proposal. Recornrnenclatjop: Continue to assist tribes financially andtechnically and work to build response capacity among the tribes. OERR should continue to use fmancial and technical assistance to help tribes undertaketheirowncleanup activities. Throughthe use of the Superfund Coreprogram funding, OERR and the Regions will work with individual tribes in building this capacity; where this proves impractical, tribal consortia, with the approval oftribal 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 participationinthe 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 ofa 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 ofthe 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.**~** DisproportionateExposure to Oil Contamination Adisproportionate share ofoil storage facilities may be in ornear•communities with potential environmentaljustice concerns. Furthermore, many of**th<~se** sites have leaked or spilled oil. When oil storage facilities leak, they may contaminate surface waters, ground wateror soils inthe community. Notonly does this add to the cumulative risk due to multiple exposures, butitmaypose panicularproblems for populations that rely on subsistence fanning/gardening or fishing.**~** Clustering oflndustriesAround Oil Facilities Oil storage facilities may be clustered with otherindustrial facilities which are sources of pollution. Thus, environmental justice communities near oil storage facilities may be exposed to multiple industrial sources ofcontamination.


### 1. SITE IDENTIFICATION. Kemmmepdatigp: Develop an approach to identify oil storage facilities near communitieswith environmentaljusticeissues. The Oil Program does nothave acomprehensive listofthe**faciliti<~s** itregulates. In 1991, it tried unsuccessfully to adopt a regulatory requirement that facilities "register" with EPA. OSWER could make another attemptto impose this requirement, and thereby develop acomprehensive list ofregulated facilities. By overlaying census data, the Oil Program could pinpoint facilities located in communities with environmentaljustice 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 ofsome 30,000 facilities. The survey data willbe 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 communitieswith potential oractual environmentaljusticeconcerns. Once characterized, specific outreach and regulatory activities could be targeted at facilities located in communities with environmentaljustice concerns. Opportunities for outreachand educationwould include: 1) notificationofand education about facility modifications, 2) job opportunities within the plant, 3) compliancehistory of the plant, including inspection andpenaltyhistory, 4) disclosure of environmental degradation within orbeyond facility borders, such as notificationof spills orleaks, 5) education abouthealth risks posed by subsistence farming orfishing inthe area, orotherissues as appropriate and 6)methods ofcommunicating community concerns to facilities. This proposal would require significantincrease inresources and may be inviable in light ofcurrent program constraints. Bemmmendatjop: Explore ways 

### to target inspections and enforcement activitiesin communitieswith environmental justice concerns. Certain regulatory processes could also be altered to betterseJVe communities with environmentaljusticeconcerns, such as: 1) more fully considering environmental loading and sensitive populations in inspection and other enforcement decisions, 2) targetinginspections andotherenforcementeffottsonfacilitiesinminority communities, and 3) requiring enhanced community participation. 

## D. UNDERGROUND STORAGE TANKS (UST) Background In 1984, Congress responded to the increasingthreatto groundwaterposed by leaking underground storage tanks (USTs) by adding Subtitle I to the Resource ConseJVation andRecovery Act (RCRA), and in 1986by section205 ofthe Superfund Amendments and Reauthorization Act. Subtitle I required EPA to develop a comprehensive regulatory program forUSTs. Withthese 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; monitortheirtanks forleaks and spills; correctproblems createdby leaks and spillsthat are discovered; and make sure that the owners and operators of USTs can pay for correcting the problems created iftheir 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 responsibleparty cleanup and fortaking state action to cleanuppetroleum releases from USTs when owners and operators are unknown, unwilling, orunable 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 ownmotorfuel 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 ofUnderground 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'snational UST program is notable for its flexibility, focus on State customers, and emphasis on continuous program improvement**~** Tracking andremediating confirmedreleases does not cun-ently considerenvironmental justiceissues. Major challenges for UST programs include ensuring that the llarge universe ofregulated tanks meets all technical requirements for preventing and detecting leaks and that cleanups keep pace with the growing number ofconfinned 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 orcause 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 threatto human health and the environment W1len all other ranking factors are equal, however, sites in environmentaljustice communities with multiple exposures should get priority attention. Ranking systems should consider environmentaljustice 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 mustfind ways to sensitizeimplementing agenciestoenvironmental 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 environmentaljustice asa qualitativefactor inpriority ranking systems for State-leadcleanup andenforcement activities. Bemmmenclation: Issue environmentaljusticebrochureto States and regulatedfacilities. Rerommenclatjon: Outreach to States, tribes and local agencies. The Office ofUnderground Storage Tanks (OUST) could step up outreach to State andlocal agencies in an effortto 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 environmentaljustice 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 outreachmaterials. Regional all-States meetings andnational conferences would also seiVe asuseful forums inwhich to explore these issues. Berommepclatjon: Incorporateenvironmentaljusticecriteria into UST State grantandcooperative agreements. OUST could incorporate environmental justice criteria in UST grant and cooperative agreements entered into with States. Specific clauses could require States to considerenvironmentaljustice as they develop outreachmaterials 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 ofthe enabling legislation, OUST may wish to be more or less prescriptive in crafting the specific language. Kerommendatjon: Encourage use ofminority contractors and consultantsfor State-leadcleanups. 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.

59OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT


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

60 Recommendation; Encourage minority contractorsto apply for certification and provide grant to National Association ofMinority 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 ofMinority 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'sincludinghazardous substance tanks and abandoned tanks on lndinn Lands. EPA should continue to identify abandoned tanks on Native-American lands, drawing substantially on the work ofthe circuit riders and where neces:sary, by using other Agency resources.**~Develop** tribal capacity andprogramimplementation inIndlian Country Since Subtitle I is part of RCRA, OUST faces the same issues regarding improving it'stribal policies as OSW faces in the RCRA programs itimplements. Due to the limited number oftanks 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 offinancing and implementing aprogram onTribal Lands, withtribes 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 inthe same manner as States for authorizationpurposes. Efforts should be made to continue to find viablemechanisms to provide sources of revenue to tribal governments thathave 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 establishedby EPA inDecember 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 ofacommunity'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 ofstate, tribal, and local governments, as well as industry and otherparties concerned with preparedness, prevention, and response. CEPPO is responsible for federal implementation ofSections 301-312 ofthe Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA --also know as Title III ofthe Superfund Amendments and Reauthorization Act of 1986

-- SARA Title III), the accidental release provisions of the OeanAirAct (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) orwork with the SERC and neighboring LEPCs. EPCRA gives citizens the right to know about chemicals in theircommunities-- the amountof chemicals present, theirproperties and any potential health effects, as well as infonnation about accidental and routine releases. UnderCAA, facilities are required toprovideRiskManagementPlans. These plans contain infonnation onhow facilities manage risks posed by substances listed by EPA. Additionally, these plans indicate how facilities are minimizing risks to the communityby preventing accidental releases ofhazardous substances. Facilities must provide the riskmanagementplanto states and local emergencyplanners 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 ofthe 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. Environmentaljusticecommunities' may have limited knowledge of information andrightsunder CEPPO. The major environmental justice issues related to CEPPO programs are the ability of economically disadvantaged andminority citizens toreceive, w1derstand, and use the infonnation available to them underEPCRA 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 aboutthe chemicals, how to getthe infonnation, and/orhow to participate in the work ofLEPCs 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 nothave 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 environmentaljustice 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, listcontacts 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 blockinfonnationonto computer-generatedmaps ofspecific geographic areas. Usingthis program,communityplannerscantargetlowincome**andminori~ycommunities** for the type of outreach needed to ensure they are adequately infom11ed about the chemical risks confrontingtheircommunities and have an opportunity toparticipate 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 environmentaljustice. For example, one ofthe criteriaused 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 aprogram 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 ofLEPCs. It plans to identify environmental justice issues and take appropriate steps to implement suggested improvements. In

### preparing the guidance for the Oean

### AirAct 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 environmentaljustice concerns are prevalent. Bemmmendation: Send a letter to all Governors regarding etTorts EPA is making on environmentaljusticeissues 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 StateEmergencyResponse Committees (SERCs)to appointrepresentatives 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 ofEPA'senvironmentaljusticepolicies. 

### Lookingto the future, 

### CEPPO should continueto focus 

### onhelping communities with environmental justice concerns manage and understand Community Right-toKnow infonnation andtocampaignforminority 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 programto promote environmentaljustice. 

### As part ofCEPPO 's accident prevention program, chemical safety audits are conducted atfacilities where chemicals are stored, used orproduced. The auditincludes a review ofthe facilities safety procedures, managementpractices, contingency plans for workerprotection and coordination with community emergency responders. The audit team uses a standard procedure to conduct the audit. CEPPO and 

### the Regions should give appropriate attentionto auditing facilities located in areas with minority populations and low-income populations. CEPPO should include in its standard audit procedure consideration ofenvironmentaljustice

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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 ofa chemical emergency. 

### Recommen<lation: Workwith affected environmentaljusticecommunitiesto explain communityright-to-knowinformatiollt. CEPPO will wmk with economically disadvantaged and minority citizens to receive, understand, and use the infonnation available to them underEPCRA and the CAA. Specifically, they need to know that they have a right to infonnation about the chemicals, how to get the infonnation, and/orhow to participate inthe worlc ofLEPCs as they prepare emergency plans to protect human life and the environment. 

### RecoiiJIDelldatjon: Expand use ofdemographic 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 LandView system a viable option when choosing the appropriate GIS or Landview systems based ontheneeds of the analysis. This topic was discussed in the cross-cutting section ofthis 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 andinstitutional impediments and provide criticaltechnology and marlcetinfonnationtopotential users and suppliers ofnew technology. The scope ofthe mission extends to Superfund sites, corrective action sites underRCRA, and underground storage tankclean-ups. TIO influences the use ofinnovative technologiesby worlcing with individuals and groups both inside and outside EPA. Innovative remediationtechnologies are defined as those whichlack 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, orconventional pump andtreatmentof ground water.

### OSWER ENVIRONMENTAL JUSTICE TASK fORCE DRAFT fiNAL REPORT
F. TECHNOLOGY INNOVATION OFFICE (TIO)**~** 

### Treatment versus containmentremedies. Environmental justice concerns have not focused directly on innovative technologies. However, there are issues relatedto thetreaunentversus the containment ofwaste. Treatment is generally considered as providing a pennanent remedy while containmententails efforts to isolate contamination from the environment. One ofthe environmentaljusticegoals--economic redevelopment--isdirectly relatedto cleaningup urban land to satisfactory levels which allow productive economic re-use. This is generallymore consistent withthe treaunentobjective. Inaddition, the Tribal Outreach Initiative on CERCLA Reauthorization expressed a preference for neutralization or completeremovalovercappingorcontainment, andpromotestheuseofnewtechnology when remedies are selected. 

### Remmmen«<ation: Encouragethe development andcommercialization of innovative treatment technologies. The objective ofcleaning-up sites forreuse bytreaunentisbestserved 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 ofhazardous waste. TIO is continually exploring new treatment technologiesthatmayprovemore costeffectiveinthe future. Once again, these efforts complementthelong-tenninterestsofcommunitieswithenvironmentaljusticeconcerns. 

### Recommep«<ation: Continue eft'orts with SBA to promote small businesses thatfocus on environmental technologies. TIO's outreach efforts can also service environmentaljusticeneeds. 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 DevelopmentCenteroffices around the country. The goals are to promote the fonnation of small businesses that focus on environmental technologies; assisttechnology developerstobegin andenhance theirbusiness ventures; assist potential customers ofnew technologies in identifying alternative technologies and create incentives to purchase environmentally superiortechnologies; 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 promotingeconomic redevelopment. TIO hasdevelopednumerouspublications thatdescribe technologies, identify theirapplicability to clean-upproblems, and identify business opportunities for cleanup. Some examples include: a series of Citizen Guides to Innovative Treaunent Technologies inbothEnglish and Spanish; and the VISITr database, which provides
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### OSWER ENVIRONMENTAL JUSTICE TASK FORCE DRAFT FINAL REPORT


### G. FEDERAL FACILITIES

66 vendor suppliedinfonnationoninnovativetechnologies. VISITfis beingmodified to designate disadvantaged and minority-owned businesses. Finally, OSWER should furthercommitto providinginfonnationonnewtreatmenttechnologies atenvironmental justice sites. Bemmrnendatjon: Revise and expandenvironmentaljusticetrainingmodule. The Environmental Justice module which is currently includ(:d in the Public Participationtraining course atEPA's CERCLAEducation Centerwilll be revised and expanded. The module will be added to other training courses where appropriate. Bemmmen<latjon: Conduct demographics analysis ofa represenltative sample ofthe 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 thatFederal 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. ForFederal facilities orthe NPL, CERCLA section 120 establishes deadlines for completion ofthe 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. SARATitle ill: TheEmergencyPlanning and CommunityRight-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 ExecutiveOSWER 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. Inaddition, PresidentialExecutive Orders stress the mandate forFederal facilities to fully comply withenvironmental requirements andestablishprocedures 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 FederalFacilitiesEnvironmentalRestoration Dialogue Committee (FFERDC)for cooperative environmentaljusticedecision-makingbetweenFederal agencies. Several oftl)e issues identified by communities with environmentaljustice concerns, e.g.,holisticremedies formultiple and cumulativeexposures, are applicable atFederalfacility sites. Lessonslearned from EPA activitiesto date canbe shared with otherFederal agencies inorderto proactivelypreventenvironmentaljusticeconcerns, as well as, avoid unnecessary delays andduplication ofeffortamongFederal agencies. lbeFFEROCprovides for such exchange and amechanism for jointrecommendations. EPA will continue to play a major leadership role in FFERDC's effort to better incorporate environmental justiceintoFederal facility priority-setting and stakeholder involvement BegmpnencJation; Evaluateall base closing activitiesfor environmental justiceimplications. Theseactivitiesareideallysuitedforaddressingconcemsraisedbycommunities with environmental justice concerns and intersect with many ongoing OSWER initiatives, such as the economic redevelopment activity. Environmental justice community representativeshave asked thatthe baseclosure redevelopmentprocess be used to provide affordable housing, accessible health facilities, available training facilities, and sustainable development intheir communities. Remmmenflatjon; Evaluate and develop policy on cleanuppriorities of Federal siteson

### Indian lands. There are a number of sites located on Indian lands that originated from activities ofFederal 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.67OSWER ENVIRONMENTAL JusncE TASK foRCE DRAFT fiNAL REPORT

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