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MEMORANDUM

DATE: January 3, 2012

SUBJECT: Environmental Justice Review: Secondary Aluminum RTR

FROM: Rochelle Boyd, US EPA

TO: Secondary Aluminum RTR Docket

1.0 INTRODUCTION

Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on 

environmental justice. 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, disproportionately 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.

2.0 DEMOGRAPHICS

The EPA has determined that this proposed rule will not have disproportionately high and 

adverse human health or environmental effects on minority, low income or indigenous 

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, low income or indigenous populations.

These proposed standards may improve public health and welfare, now and in the future, by

limiting HAP emissions that may contribute to adverse environmental and human health impacts. 

The control of HAP emissions associated with the rule is expected to benefit all populations 

living near the sources affected by this rule. 

Additionally, the agency has reviewed this rule to determine if there is an overrepresentation of 

minority, low income or indigenous populations near the sources such that they may currently

face disproportionate risks from pollutants that could be mitigated by this rulemaking. This 

analysis only gives some indication of the prevalence of sub-populations that may be exposed to 

HAP pollution from the sources affected by this rulemaking; it does not identify the demographic 

characteristics of the most highly affected individuals or communities, nor does it quantify the 

level of risk faced by those individuals or communities. 

The major source demographic analysis shows that while most demographic categories are 

below or within 10 percent of their corresponding national averages, the African American 

percentage within 3 miles of any source affected by this rulemaking exceeds the national average 

by 3 percentage points (16 percent versus 13 percent), or +23 percent. The area source sectorwide analysis of near source populations reveals that several demographic categories exceed 10 
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percent of their corresponding national averages: Minority by +16 percentage points (44% vs. 

28%), or +57%; Hispanic or Latino by +17 percentage points (34% vs. 17%), or +100%; 

Without a High School Diploma by +6 percentage points (16% vs. 10%), or +60%, and; Below 

National Poverty Line: +7 percentage points (21% vs. 14%), or +50%.

Table 2.1 Summary of Demographic Data Analysis (Major Sources)

Table 2.2 Summary of Demographic Data Analysis (Area Sources)

The analysis of demographic data used proximity-to-a-source as a surrogate for exposure to 

identify those populations considered to be living near affected sources, such that they have 

notable exposures to emissions from these sources. The demographic data for this analysis were 

extracted from the 2000 census data, which were provided to the EPA by the United States 

Census Bureau. Distributions by race are based on demographic information at the census block 

level, and all other demographic groups are based on the extrapolation of census block group 

level data to the census block level. The socio-demographic parameters used in the analysis 

included the following categories: Racial (White, African American, Native American, Other or 

Multiracial and All Other Races); Ethnicity (Hispanic); and Other (Number of people below the 

poverty line, Number of people with ages between 0 and 18, Number of people with ages greater 

than or equal to 65, Number of people over age 25 without a high school diploma). 

In determining the aggregate demographic makeup of the communities near affected sources, the 

EPA focused on those census blocks within 3 miles of affected sources and determined the 

demographic composition (e.g., race, income, etc.) of these census blocks and compared them to 

the corresponding compositions nationally. The radius of 3 miles (or approximately 5 km) is 

consistent with other demographic analyses focused on areas around potential sources1,

2

,

3

,

4

 

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 Environmental 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.

POPULATION WHITE

AFRICAN 

AMERICAN

NATIVE

AMERICAN

OTHER OR 

MULTIRACIAL MINORITY2

HISPANIC 

OR LATINO3 AGE 0 - 17 AGE 65+

NO HIGH 

SCHOOL

DIPLOMA

BELOW 

POVERTY 

LINE

1,042,790 766,385 162,985 5,492 107,928 276,405 134,403 259,891 134,730 111,514 158,425

73% 16% 1% 10% 27% 13% 25% 13% 11% 15%

 312,861,256 226,405,205 39,475,216 3,646,995 43,333,840 86,456,051 54,181,245 75,217,176 40,830,262 31,914,536 43,487,509

72% 13% 1% 14% 28% 17% 24% 13% 10% 14%

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA.

1. Racial and ethnic categories overlap and cannot be summed.

2. The “Minorities” population is the overall population (in the first column) minus white population (in the second column).

3. The Census Bureau defines “Hispanic or Latino” as an ethnicity rather than as a racial category, Hispanics or Latinos may belong to any race.

DEMOGRAPHIC 

SUMMARY1

NEAR SOURCE TOTAL

% OF NEAR SOURCE TOTAL

NATIONAL TOTAL

% OF NATIONAL TOTAL

POPULATION WHITE

AFRICAN 

AMERICAN

NATIVE

AMERICAN

OTHER OR 

MULTIRACIAL MINORITY

2

HISPANIC 

OR LATINO3 AGE 0 - 17 AGE 65+

NO HIGH 

SCHOOL 

DIPLOMA

BELOW 

POVERTY 

LINE

4,661,257 2,627,344 891,446 47,088 1,095,379 2,033,913 1,604,338 1,205,781 503,076 738,788 965,969

56% 19% 1% 23% 44% 34% 26% 11% 16% 21%

 312,861,256 226,405,205 39,475,216 3,646,995 43,333,840 86,456,051 54,181,245 75,217,176 40,830,262 31,914,536 43,487,509

72% 13% 1% 14% 28% 17% 24% 13% 10% 14%

Sources: The demographics are from the U.S. Census Bureau, 2010. Information on the facilities is from U.S. EPA.

1. Racial and ethnic categories overlap and cannot be summed.

2. The “Minorities” population is the overall population (in the first column) minus white population (in the second column).

3. The Census Bureau defines “Hispanic or Latino” as an ethnicity rather than as a racial category, Hispanics or Latinos may belong to any race.

DEMOGRAPHIC 

SUMMARY1

NEAR SOURCE TOTAL

% OF NEAR SOURCE TOTAL

NATIONAL TOTAL

% OF NATIONAL TOTAL
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however, not necessarily associated with the distance at which health risks are seen. To the 

extent that any minority, low income or indigenous subpopulation is disproportionately impacted 

by the emissions as a result of the proximity of their homes to these sources, that subpopulation 

also benefits from the emission reductions called for by this rule.