### January 20, 2011

MEMORANDUM

To : Commercial and Institutional Waste Incinerators (CISWI) Rule Docket

From : OAR OAQPS

Subject: Addendum to Docket: “Preliminary Review of the Environmental Justice Impacts for the Following Proposed: Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration (CIS WI) Units; National Emission Standards for Hazardous Air Pollutants or Area S ources: Industrial, Commercial, and institutional Boilers; National Emission St andards for Hazardous Air Pollutants for Industrial/Commercial/Inst itutional Boilers and Proce ss Heaters; Identification of Non-hazardous Secondary Material s (NHSM) that are Solid Waste ( April 28, 2010).”

1.0 INTRODUCTION

This addendum transmits the results of the reassessment of the environmental justice (EJ) demographics of t hose populations located in the vi cinity of CISWI units. Based on data amendments and corrections that were incorporated following public comment on the proposed rule, EPA revised its estimates of the nu mber of units covered by this rule downward from 176 units to 100 units, incl uding incinerators, cement kiln s, and energy recovery units (ERU). As a result of the reduction in the number of units in the source category, it was determined that a re-evaluation of th e EJ demographics was appropriate.

Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on EJ. Its main provision directs Federal ag encies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, dispr oportionately high and adverse hum an health or environmental effects of their programs, polic ies, and activities on minority populations and low-income populations in the United States.

In addition to the Executive Order, EPA defines “Environmental Justice” to include meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementati on, and enforcement of environmental laws, regulations, and polices. To promote mean ingful involvement, EPA has developed a communication and outreach strategy to ensure that interested communities have access to a proposed rule, are aware of its content, and have an opportunity to comment during the comment period. EPA implemented this st rategy during the comment period for the proposed CISWI rule. EPA publicized the rulemaking via EJ newsletters, Tribal newsletters, EJ listservs, and the internet, including the Office of Polic y’s (OP) Rulemaking Gateway website ( http://yosemite.epa.gov/opei/RuleGate.nsf/ ). EPA also provided general rulemaking fact sheets(e.g., why is this important for my commun ity) for EJ community groups and conducted conference calls with interested communities. In the final rule, state and federal permitting requirements will provide state and local govern ments and members of affected communities with the opportunity to provide comments on th e permit conditions associated with permitting the sources affected by this rulemaking.

2.0 DEMOGRAPHICS

The following analysis uses the amended data set of sources and “proximity-to-a-source” to identify those populations consider ed to be living near affected sources, such that they have notable exposures to current emissions from these sources. The demographic data for this analysis came from census bloc k level population data provided to the EPA by the US Census Bureau, based on the 2000 census. The socio-de mographic parameters used in the analysis included the following: White, African Americ an, Native American, Other or Multiracial, Hispanic or Latino, Minority (All Non-White), the numbers of people less than or equal to 18 years of age; the number of people greater than or equal to 65 years of ag e, and the number of people below the poverty line.

As with the original report contained in the docket, this proximity analysis determined the demographic composition of those census blocks w hose centriods lay within a circular distance of 3 miles (approximately 5 km) of the affected sources. This study area radius has been used often in other demographic analyses focuse d on areas around industrial sources. Also, beyond three miles the air emission influence of an individua l source is generally considered to be small, both in absolute terms and relative to the infl uence of other sources (assuming there are other sources in the area, as is typical in urban areas. The results of th e analysis are contained in Table 2.1 (see below):

Table 2.1 Summary of CISWI Dem ographic Proximity Analysis

PARAMETER STUDY POPULATION WHITE AFRICAN AMERICAN NATIVE AMERICAN OTHER OR MULTIRACIAL ORIGINAL CISWI UNIVERSE (176 units) 2,095,561 1,480,539 346,191 21,128 247,703 REVISED CISWI UNIVERSE (100 units) 1,644,267 1,126,910 221,037 19,432 276,888

% ORIGINAL CISWI UNIVERSE 71% 17% 1% 12% % REVISED CISWI UNIVERSE 69% 13% 1% 17%

NATIONAL AVERAGE (%) 75% 12% 1% 12%Table 2.1 Summary of Demographic Proximity Analysis (continued)

PARAMETER HISPANIC OR LATINO MINORITY (ALLNONWHITE) AGE 0-18 AGE 65+ BELOW POVERTY LINE ORIGINAL CISWI UNIVERSE TOTAL (176 units) 273,943 615,022 569,708 260,929 295,197

REVISED CISWI UNIVERSE (100 units) 247,521 517,357 443,397 197,067 226,071

% ORIGINAL CISWI UNIVERSE 13% 29% 27% 12% 14% % REVISED CISWI UNIVERSE 15% 31% 27% 12% 14%

NATIONAL AVERAGE (%) 14% 25% 27% 12% 13%

Notes: 1. The “Minorities” population is the overall population (in the first column) minus white population (in the second column). (Another way to calculate the sa me number is to add the fourth column -African American, the fifth column - Native American, and the sixth column – Other and Multiracial.) Ethnicity is not added separately to this minority assessment. 2. The Census Bureau defines “Hispanic or Latino” as an ethnicity rather than as a racial category, Hispanics or Latinos may belong to any race.

This EPA analysis revises the demographic data presented in “E xhibit 1 – Populations Within Three-Mile Proximity to Major Source Boilers and CISWI Units” as contained in the report referenced as the subject of this memorandum. When compared to the original demographic analysis, the results of this re-analy sis indicate that the total number of people in proximity to, and potentially impacted by, this source category have declined by approximately 22%. This decrease in the total population has resulted in corresponding changes in the percentage composition of the de mographics in the study areas. The percentage of White and African American both decreased by 2% and 4% re spectively from the previous study, while the percentage of Native Americans, the number of people less than or equal to age 18, the number of people greater than or equal to age 65, a nd the number below the poverty line remained relatively unchanged. The demographic variables Other or Multiracial, Hi spanics, and Minority (All Non-White) also decreased in total numbers, but their percentage composition in this reanalysis increased by approximate ly 5%, 2%, and 2% respectively.When compared to the national averages of these demographics, EPA’s re-analysis shows that the study areas tend to ha ve lower proportions of Whites. The proportions of Native Americans, people with ages less than or equal to 18, and those with ages gr eater than or equal to 65 are similar to their respective national aver ages. However, the proportions of African American, Hispanics, Other or Multiracial, th e number of people below the poverty line, and Minority (All Non-White) are higher than their re spective national averages with the greatest change occurring in the categ ory Minority (All Non-White).

Based on the fact that the final rule does not allow emission increases from this source category, EPA has determined that the rule wi ll not have disproportiona tely high and adverse human health or environmental effects on minor ity or other subpopulatons. However, to the extent that any minority subpopulati on is disproportionately impacted by the current emissions as a result of the proximity of their homes to th ese sources, that subpopulati on also stands to see increased environmental and health benefits from the reductions cal led for by this rule.