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MEMORANDUM

Date: July 8, 2014

TO: Docket No. EPA-HQ-OAR-2012-0510: National Emissions Standards for Hazardous Air Pollutants for Flexible

Polyurethane Foam Production

FROM: Kaye Whitfield, EPA/OAQPS/SPPD

SUBJECT: Environmental Justice Review: Flexible Polyurethane Foam Production

OBJECTIVE:

This report aids rule writers in drafting required environmental justice preamble language for E.O. 12898, as well as addressing the

Agency’s three Final Agency Review Environmental Justice (EJ) questions:

(1) How did your public participation process provide transparency and meaningful participation for minority, low-income, and 

indigenous populations, and tribes?

(2) How did you identify and address existing and new disproportionate environmental and public health impacts on minority, lowincome, and indigenous populations, and tribes?

(3) How did actions taken under #1 and #2 impact the outcome or final decision?

SCOPE

• Total # of unique facility locations = 12

• Data Sources: CAA section 114 Requests, NEI, EIS, TRI, and State inventory data
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EJ ASSESSMENT 

Meaningful Involvement

A key element of environmental justice is ensuring that all people have an opportunity for meaningful involvement in decisionmaking. Certain groups may not have participated in decision making historically because of economic (e.g., income), social (e.g., 

language barriers, education levels, distrust of government), and structural reasons. A critical concern is whether, and the extent to 

which, communities have the ability to influence the types and number of regulated activities taking place in their community, as well 

as the requirements, conditions, and parameters by which they must operate (e.g., permit conditions).

The EPA aims to notify and engage the public in a variety of ways. Each rule is reviewed to identify the appropriate methodology and 

meaningful involvement may consist of one or more of the following: notices on the EJAir website, community call discussions, fact 

sheets, community meetings, and/or webinars.

Demographic Results

Method(s)

• Proximity-to-Source: Comparative analysis of 3 mile or 5 km radius demographics to national averages.

Source(s)

• 2010 decennial census 

Proximity-to-Source

The sector analysis of near source populations (Table 1) reveals that the following demographic category exceeds 20 percent of the 

corresponding national average:

• African American = +6 percentage points or +53%
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Table 1

A facility-level review of near source populations shows that the area surrounding the Flexible Foam Products, Inc. has an African 

American population of 8,098, (49% of the population within 3 miles), Premier Foam, Inc. has an African American population of

7,878, (41% of the population within 3 miles) US Dept of Energy Kansas City Plant has an African American population of 22,746, 

(36% of the population within 3 miles). The three areas combined make up 70% of the sector’s total African American population 

(38,722 of the total 55,665). Additionally, the Flexible Foam Products, Inc also has 45% of its near- source population as low 

income (2 times the national poverty line) (7,407 / 16,390). In the sector summary (table 2) we highlight the top three regions and 

states by number of facilities, and the top three facilities with the highest near source population totals.
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Table 2

Sector Summary

Totals

# of Facilities

Near Source (3 mi) 

Population

12 288,884

Top Three

Regions

5 4 102,114

4 4 87,396

7 1 63,006

States

OH 2 63,772

MO 1 63,006

NC 1 42,765

Facilities

MO US Dept. Energy Kansas City 63,006

OH Invacare Corp 56,770

NC Foamex International Inc. 42,765

This table shows facility level totals where populations may be counted more than once if in

proximity to more than one facility.

To evaluate potential areas of environmental justice concern, the EPA highlights the near source areas that are equal to or exceed a 

threshold factor of 1.2 times national averages for race, ethnicity and/or low income demographic categories.

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(The EPA 

acknowledges that areas with environmental justice concerns may exist in areas below this threshold.) Analysis of this data shows 

10 facilities are equal to, or exceed, this increased threshold in at least one category. The facility with the largest near source

population in this subgroup is US Dept of Energy Kansas City Plant with a total of 63,006.

1 The demographic categories evaluated on whether they meet or exceed the threshold are: Minority Only; Hispanic Only; Poverty Only; Minority & Hispanic; 

Minority & Poverty; Hispanic & Poverty; Minority, Hispanic & Poverty.
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Although Native American populations are factored into the minority demographic, the EPA reviews near source facility data

to identify Native American populations that exceed the 1.2 threshold factor. Analysis of this data shows 0 facilities with a

combined meet or exceed this threshold for the FPUF Production sector. The largest Native American population (243) is near

the US Dept of Energy Kansas City Plant.

Statistical Summary

The U.S. EPA provides the following statistical summary in tables 3, 4 and 5:

Table 3 - Category-wide Total

Population White African 

American

Native 

American

Other or 

Multiracial

Minority / 

Hispanic

Linguistically 

Isolated Age 0 - 4 Age 0 - 17 Age 65+

Without a HS 

Diploma Low Income

288,884 215,676 55,665 803 16,740 80,095 3,634 20,177 68,920 39,094 22,277 94,787

75% 19% 0% 6% 28% 1% 7% 24% 14% 12% 33%

312,861,256 226,405,205 39,475,216 2,952,087 44,028,748 115,989,918 19,196,507 20,465,065 75,217,176 40,830,262 30,952,789 101,429,436

72% 13% 1% 14% 37% 6% 7% 24% 13% 15% 32%

Table 2 - Hypothesis Test 1 (Wilcoxon Signed-Rank Test for Median Near-Source Population)

H0: Median % of Population Near Sources in Category X = National % in Category X # of Study Areas >= 100 total population (N) 12

H1: Median % of Population Near Sources in Category X ≠ National % in Category X

White African 

American

Native 

American

Other or 

Multiracial

Minority / 

Hispanic

Linguistically 

Isolated Age 0 - 4 Age 0 - 17 Age 65+

Without a HS 

Diploma Low Income

50 44 0 0 15 0 64 52 55 22 50

0.4021 0.7053 0.0002 0.0002 0.0581 0.0002 0.0474 0.3203 0.2185 0.1899 0.4021

Table 3 - Hypothesis Test 2 (Binomial Test for Occurrence)

H0: Prob. (Study area with Nearby Population in Category X is above National Average) = 50%

H1: Prob. (Study area with Nearby Population in Category X is above National Average) ≠ 50%

White African 

American

Native 

American

Other or 

Multiracial

Minority / 

Hispanic

Linguistically 

Isolated Age 0 - 4 Age 0 - 17 Age 65+

Without a HS 

Diploma Low Income

8 5 0 0 4 0 9 9 9 4 6

0.2668 0.5811 0.0002 0.0002 0.2668 0.0002 0.0923 0.0923 0.0923 0.2668 1.0000

STATISTICAL SIGNIFICANCE LEVEL

No Significance (P >= 0.05)

Significant (P < 0.05 and W > N*(N+1)/4 or B > N/2)

Significantly Less (P < 0.05 and W < N*(N+1)/4 or B < N/2)

STATISTIC

# STUDY AREAS > NATIONAL AVG (B)

P-VALUE

STATISTIC

WILCOXON STATISTIC (W)

P-VALUE

Demographic Summary

NEAR SOURCE TOTAL

% OF NEAR SOURCE TOTAL

NATIONAL TOTAL

% OF NATIONAL TOTAL
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Category Total % is calculated by summing all of the study area demographic data.

Category Average % is calculated by averaging the demographic data by the number of study areas where the total population >= 100.

72%

13%

1 %

14%

37%

6 % 7 %

24%

13%

15%

32%

75%

19%

0 %

6 %

28%

1 %

7 %

24%

14%

12%

33%

78%

17%

0 %

5 %

24%

1 %

7 %

24%

14% 13%

36%

0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

WHITE AFRICAN

AMERICAN

NATIVE

AMERICAN

OTHER /

MULTIRACIAL

MINORITY LING.

ISOLATED

AGE 0 - 4 AGE 0 - 17 AGE 65+ NO HIGH

SCHOOL

DIPLOMA

LOW INCOME

Percentage Comparisons to National Averages

NATIONAL AVERAGE % CATEGORY TOTAL % CATEGORY AVERAGE %
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