UNITED STATES ENVIRONMENTAL PROTECTION AGENC.JD) ~ @ ~ ~ w ~ rrr 

WASHINGTON, D.C. 20460 lJ1) LW 

SEP 2 I 1994 

SEP 2 3 1994 

U.S. EPA, REGION V 

WASTE MANAGEMENT DIVISION 

OFFICE OF THE DIRECTOR 

OFFICE OF 

SOLID WASTE AND EMERGENCY 

. RESPONSE 

MEMpRAHDUM OSWER Directive No. 9200.3-17 

SUBJECT: 

FROM: 

Integration of Environm~n~al Justice•Into OSWER Policy, 

Guidance,and Regulator~/Development '---···· ··. 

Ell~ott P. La"!s.(f ,j·· ._._.~­ Ass~stant Adm~nl.'s~ 

TO: 

' ._, . ....: ) 

.Addressees ,(.....· · 

PURPOSE 

It is OSWER's policy that environmental justice be 

considered as an integral part in the development of all OSWER 

policies, guidances and regulations. This directive carries out 

a recommendation in the OSWER Environmental Justice Task Force 

Draft Final R·eport. It reflects my firm commitment to achieve 

the environmental justice goals of the President and the 

Administrator. 

BACKGROUND 

Executive Order 12898, "Federal Actions to Address· 

Environmental Justice in Minority Populations and Low-Income 

Populations", directs each Federal Agency to "make achieving 

environmental justice part of its mission by identifying and 

addressing, as appropriate, disproportionately high and adverse 

human health and environmental effects of its programs, policies, 

and activities on minority populations and low-income 

populations ... ". In response to the Executive Order and to 

concerns voiced by many groups outside the Agency, the OSWER 

Environmental Justice Task Force was formed to analyze the array 

of environmental justice issues specific to waste programs and to 

develop an overall strategy to identify and address these issues. 

This is presented in the OSWER Environmental Justice Task Force 

Draft Final Report, April 25, 1994. One issue identified by the 

Task Force was the need to ·ensure that attention is focused on 

environmental justice in policy, guidance and regulation 

development. To address this issue, the OSWER Environmental 

Justice Steering Committee recommended that this directive be 

issued. 

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DISCUSSION 

Environmental justice issues should be considered at all 

stages of policy, guidance and regulation development, beginning 

with preliminary efforts. Staff should first evaluate the 

subject matter for the-possibility of disproportionately high and 

adverse impacts on minority and low-income communities.· .offices 

may wish to develop methods for determining which are the most 

important topics requiring consideration of environmental 

justice. 

Where environmental justice concerns or the potential for 

concerns are identified, staff should conduct an appropriate 

analysis of the issue(s). To the extent practicable, staff 

should evaluate the ecological, human health (takin~ into account 

subsistence patterns and sensitive populations) and socioeconomic impacts of the proposed decision-document in minority 

and low-income communities. Examples include how a policy on 

future land use would impact minority or low-income communities 

versus non-minority, affluent communities, or how subsistence 

farming or fishing patterns relate to risk-assessment policies. 

This could include the development and evaluation of various 

options, taking into consideration the pros and cons of each 

option. This analysis should be documented and retained for 

public availability. 

At all critical stages of development, there should be 

meaninyful input from stakeholders, including members of the 

environmental justice community and members of the regulated 

community. Federal, state or local government agencies may also 

be stakeholders and should be consulted, as appropriate. 

A guideline for identifying communities which may need 

particular attention regarding environmental justice concerns is 

being developed and will be issued shortly. This guideline will 

present a variety of indicators of environmental justice concerns 

and should be used to facilitate this evaluation process. 

IMPLEMENTATION 

When policies, guidances and regulations are sent forward 

for my signature, that of the Deputy Assistant Administrators, or 

that of the Administrator or her Deputy, the transmittal 

memorandum or "action memorandum" that accompanies them should 

document the actions that have been taken to carry out this 

directive. Specifically, ~hese memoranda should describe the 

issues that :1ave been identified, the options that have been 

developed and analyzed, as well as any consultation that has been 

conducted. They should describe comments that have been received 

and how issues were resolved. I have asked the Policy Analysis 

and Regulatory Management Staff to help assure that OSWER is 

consistently documenting these efforts. 
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Documents developed for the Office Director's or other 

signature should be reviewed by the .environmental justice 

coordinator in that Office. Office Directors have a personal 

responsibility to ensure the implementation of this directive. 

Each Office should develop its own implementation process. 

Simil~~ly, the Waste Management and the Environmental Services 

Division Directors in each of the Regions should ensure that 

someone is assigned to review documentation of efforts to 

implement this directive. 

CONCLUSION 

This directive plays an important role in OSWER's part of 

the Agency's mission to achieve the goals of educating and 

empowering affected communities and attaining environmental 

protection for all. Additional guidance will be forthcoming to 

assist the programs and Regions in addressing environmental 

justice issues and concerns. With the continued commitment of 

each of us, I know that we can accomplish these important goals. 

Addressees: Director, Office of Emergency and Remedial 

Response 

Director, Office of Solid Waste 

Director, Office of Underground Storage Tanks 

Director, Superfund Revitalization Office 

Director, Technology Innovation Office 

Director, Chemical Emergency Preparedness and 

Prevention Office 

Directors, Waste Management Division 

. Regions I, IV, V, VII 

Director, Emergency and Remedial Response Division 

Region II 

Directors, Hazardous Waste Management Division 

Regions III, VI, VIII, IX 

Director, Hazardous Waste Division 

Region X 

Regional Counsel 

Regions I-X 

Directors, Environmental Services Division 

Regions I-VIII, X· 

Chief, Environmental Services Branch 

Region IX 

cc: Tim Fields, OSWER 

Jean Nelson, OGC 

Lisa K. Friedman, OGC 

Clarice Gaylord, OEJ 

Greg Mertz, OSWER 

Margaret Schneider, OSWER 

Betty Bailey, OAM