1

MEMORANDUM
To : PVC NESHAP Docket
From : Tina Ndoh, US EPA
Date: September 9, 2010 Subject: Review of Environmental Justice Impacts: Polyvinyl Chloride

1.0 INTRODUCTION

Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice (EJ) . Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, dispro portionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low

- income populations in the United States. EPA defines “Environmental Justice” to include meaningful involvement o f all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and polices. To promote meaningful involvement, EPA has developed a communication and o utreach strategy to ensure that interested communities have access to this proposed rule, are aware of its content, and have an opportunity to comment during the comment period. During the comment period, EPA will publicize the rulemaking via EJ newslette rs, Tribal newsletters, EJ listservs, and the internet, including the Office of Policy, Economics, and Innovation’s (OPEI) Rulemaking Gateway website ( http://yosemite.epa.gov/opei/RuleGate.nsf/ ). EP A will also provide general rulemaking fact sheets (e.g., why is this important for my community) for EJ community groups and conduct conference calls with interested communities. In addition, state and federal permitting requirements will provide state a nd local governments and members of affected communities the opportunity to provide comments on the permit conditions associated with permitting the sources affected by this rulemaking.2

2.0 DEMOGRAPHICS
EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low

- income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low

- income populations. Additionally, the Agency has reviewed this proposed rule to determine if there are existing d isproportionately high and adverse human
health or environmental effects on minority or low

- income populations that could be mitigated by this rulemaking. An analysis of demographic data shows that the average percentage of minorities, percentage of the p opulation below the poverty level, and the percentage of the population 17 years old and younger, in close proximity to the sources, differ from the national averages by 3 % , 1.8 % , and 1.7 % , respectively, at the 3

- mile radius of concern. These
differences in the absolute number of percentage points from the national average indicate a
9.4 % , 14.4 % , and 6.6 % over

- representation of minority populations, populations below the poverty level, and the percentages of the population 17 years old and younger, respect ively.

Table 2.1 Summary of Demographic Data Analysis

In determining the aggregate demographic makeup of the communities near affected sources, EPA used census data at the block group level to identify demographics of the populations considered to be living near affected sources, such that they have notable exposures to current emissions from these sources. In this approach, EPA reviewed the distributions of
different socio

- demographic groups in the locations of the expected emission reductions from
this rule. The review identified those census block groups within a circular distance of a half, 3, Categories Miles

Radius Total

Number of Block Groups Minority

Population Average

of Percent Minority Population

Living Below Poverty Level Average of

Percent Population Below Poverty Level Population

< 18 Years Old Average of

Percent Children <18 Years Old National

- All categories 210, 537 71,000,000 33 36,000,000 13 73,000,000 26

PVC 0.5 1 40 5 39 4 233 26
PVC 3 106 55,000 35 20,000 14 42,000 27
PVC 5 343 213,000 38 69,000 14 155,000 283

and 5 miles of affected sources and determined the demographic and socio

- economic composition (race, income, age) of these census block groups. The radius of 3 miles (or

approx imately 5 kilometers) has been used in other demographic analyses focused on areas around potential sources. 1
, 2
, 3
, 4 Minority populations include American Indians, African

Americans, Hispanics
, Other and Multi

- racial as indicated in census data.

1 U.S. GAO (Government Accountability Office). Demographics of People Living Near Waste Facilities. Washington DC: Government Printing Office; 1995.

2 Mohai P, Saha R. “Reassessing Racial and Socio

- economic Disparities in Environmental Justice Research”. Demography . 2006;43(2): 383

– 399.

3 Mennis J. “Using Geographic Information Systems to Create and Analyze Statistical Surfaces of Populations and Risk for Environment al Justice Analysis”. Social Science Quarterly , 2002;83(1):281

- 297

.

4 Bullard RD, Mohai P, Wright B, Saha R, et al. Toxic Waste and Race at Twenty 1987

- 2007 . United Church of Christ. March, 2007.