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**MEMORANDUM**

**D ATE**  **:** January

3, 2012 **S UBJECT**  **:** Environmental Justice Review: Secondary Aluminum RTR **FROM** : Rochelle Bo yd , 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 b y 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 b y this rulemaking. This anal ys is onl y gives some indication of the prevalence of sub

-populations that may be exposed to HAP pollution from the sources affected b y this rulemaking; it does not identify the demographic characteristics of the most highly affected individual s or communities, nor does it quantify the level of risk faced b y 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 sector

wide anal ys is 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 Dipl oma 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 Sour**  **ces)**

The anal ys is 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 anal ys is included the following categories: Racial (White, African American, Native American, Other or Multiracial and Al l 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 anal ys es focused on areas around potential sources 1 

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## 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.

POPU LA TI ON WHI TE AF RICAN AM ERICAN NAT IVE

AM ERI CAN OTHER OR

MULTIRA CIAL MI NO RITY2 HI SPANIC OR LA TI NO 3 AG E 0 - 17 AG E 65+ NOHI GH SCH OOL DIPLOMA BELOW

POVE RTY LI NE 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 : Th e de mogra phics ar e fr om the U.S. Census Bure au , 2010. Informa tion on the fa cilities is fr om U.S. EPA. 1. Ra cial an d ethnic categ ories ove rlap an d ca nnot be su mmed. 2. Th e “M inorities” population is the ove ra ll popula tion (i n the fi rs t column)m in us white popula tion (i n the second column)

. 3. Th e Cens us Bure au defin es “H ispan ic or Latino” as an e thnicity rather tha n as a ra cial cat eg ory, Hispanics or Latinos ma y belong to an y ra ce. DEM OG RA PH IC SU MMA RY 1
NEAR SOU RCE TOTAL % OF NEAR SOU RCE TOTAL NAT IONALTO TAL % OF NAT IONAL

TOTA L

POPU LA TI ON WHI TE AFRICAN AM ERI CAN NAT IVE

AM ERICAN OT HER OR

MULTI RACIAL MI NORIT Y 2 HI SPANIC OR LATI NO 3 AG E 0 - 17 AG E 65+ NO HIG H 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: Th e demographics are from the U.S. Ce ns us Burea u, 2010. Inf orma tion on the fa cilities is from U.S. EPA. 1. Ra cial and ethnic categories overlap an d cannot be summed. 2. Th e “M inorities” population is the overa ll population (i n the fi rst column)m inus white population (i n the seco nd column)

. 3. Th e Census Burea u de fi nes “Hispanic or Latino” as an ethnicity rather tha n as a ra cial category, Hispanics or La tinos may be long to any ra ce. DEM OGRA PH IC SU MMA RY 1
NEAR SOU RCE TOTA L % OF NEAR SOURCE TOTAL NATIONAL TOTAL % OF NATIONAL T

OTAL

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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.