UNITEDSTATESENVIRONMENTALPROTECTIONAGENC.JD)

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WASHINGTON,D.C.

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SEP

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## 1994 SEP2 3

### 1994

U.S. EPA, REGION V WASTE MANAGEMENT DIVISION OFFICEOFTHE DIRECTOR

OFFICEOF SOLIDWASTEANDEMERGENCY

. 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. 

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# ,j··**._._.~­ Ass~stant** **Adm~nl.'s~** 

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PURPOSE

It is OSWER's policythat environmental justicebe considered as an integral part inthe 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 reflectsmy firm commitment to achieve the environmental justice goals of the President andthe Administrator.

BACKGROUND

Executive Order 12898, "Federal Actions toAddress· Environmental Justice inMinorityPopulations andLow-Income Populations", directs each FederalAgency to "make achieving environmental justicepart of itsmission by identifyingand addressing, as appropriate, disproportionatelyhigh and adverse human health and environmental effects of its programs, policies, and activities on minoritypopulations and low-income populations

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

concerns voicedby many groups outside the Agency, the OSWER Environmental Justice Task Forcewas formed to analyze the array of environmental justice issues specific to wasteprograms and to develop an overall strategy to identify and address these issues. This is presented in the OSWEREnvironmental Justice TaskForce Draft Final Report, April 25, 1994. One issue identifiedby the Task Force was the need to·ensurethat attention is focused on environmental justice inpolicy, guidance and regulation development. To address this issue, theOSWER Environmental Justice SteeringCommittee recommended that this directivebe 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.-3-

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