# Environmental Justice Issues & Considerations for the Clean Power Plan

Dr. Cecilia Martinez Dr. Nicky Sheats, Esq. Dr. Jalonne L. White

- Newsome

EPA Workshop for Communities with Environmental Justice Concerns on Proposed Rule to Reduce Carbon Pollution from Existing Power Plants October 30, 2014 * Arlington, VA

# Agenda

• The challenge & our requests

• The argument for equity

• The need for analysis

• Final questions & remarks

## Proposed Clean Power Plan: Section J: Executive Order 12898

- Pg. 34949

• ...there likely would also be some locations with more times during the year of relatively higher concentrations of pollutants with potential for effects on localized communities...

• ...the EPA has concluded that it is not practical to determine whether there would be disproportionately high and adverse human health or environmental effects on minority, low income, or indigenous populations from this proposed rule

## Our Main Concern: EJ & Equity Omitted

• Making health of EJ communities a priority

• Not adhering to Executive Order 12898, Civil Rights Act of 1964

• Substantive pre

- engagement with EJ groups on the rule was non

- existent

• Flexibility is not necessarily beneficial

• No EJ a ccountability required by the State Implementation PlansBuilding Block #1: Making existing coal plants more efficient Absolute reductions of GHGs & co

- pollutants emissions in EJ communities from existing coal plants

The potentiality of using Carbon Capture & Sequestration, or other large scale ‘clean coal’ technology is not an answer Building Block #2: Using Existing gas plants more effectively Absolute reductions of GHG & co

- pollutants emissions in EJ communities from existing and new Natural Gas Combined Cycle plants

Building Block #3: Increase renewable and nuclear
energy Renewable energy should be prioritized in ej communities Nuclear energy should not be considered a form of clean of
energy

Nuclear energy should not be expanded

No scheduled shut

- downs of existing nuclear facilities should be extended.

Building Block #4: Increased energy efficiency Energy efficiency benefits must be prioritized for ej communities

Equity needs to be a part of energy efficiency programs and deployment. Priority needs to be placed on making communities energy efficiency ready

# The Argument for Equity

# The Big Picture

EJ Premise: Climate change policy should address equity and EJ concerns.

The clean power plan does not address these issues.

# What Equity Means I n T he C ontext O f T he Clean Power Plan

It means more than do not create hot spots

– although it does mean this also.

It means:

• Guaranteed emissions reductions in EJ neighborhoods; preferably with intentional co

pollutant reduction but reductions either way.

• EJ analyses to support and demonstrate these reductions.

### A Preliminary Screening Method to Estimate Cumulative Environmental Impact

Presentation by the New Jersey Department of Environmental Presentation to the Environmental Justice Advisory Council

December 2, 2009

# Indicators:

• NATA diesel (1999)

• NATA cancer risk (1999)

• NJDEP benzene estimates

• Traffic (all)

• Traffic (trucks)

• Density of major regulated sites

• Density of known contaminated sites

• Density of dry cleaners

• Density of junkyards

# Rate Averaging

• Plan allows rate averaging

- does not mandate reductions at any specific facility.

• In this way it is similar to carbon

trading.

• Both leave equity to chance.

## Plan Doesn’t Address Equity or EJ

Plan acknowledges other concerns. For example the preamble mentions:

• Economic, environmental and energy needs of states.

• Reliability and affordability of electricity.

• And says these concerns should be and are addressed by the plan.

• But what about equity?

# Plan Lacks EJ Analyses

No EJ analyses to:

• Support emissions reductions in EJ neighborhoods.

• Show EJ impacts of current plan.

• Show which facilities are located in or near EJ neighborhoods.

Little consideration given to EJ or equity.

# Plan Abdicates R esponsibility F or EJ

# EJ And Equity Should Be Addressed By Plan

A lot of thought was given to achieving GHG reductions and a lot of thought needs to be given to EJ and equity.

# The Need for Analysis D evelop and implement guidance to incorporate environmental justice into the fabric of its rulemaking process

 Calls for rule writers and decision makers to consider environmental justice throughout all phases of the Action Development Process

 Sound science and meaningful involvement 

## Incorporating Environmental Justice into Rulemaking

## Evaluation of how burdens and benefits are distributed

• Identify possible EJ concerns

• Plan for meaningful involvement.

• E valuate and address EJ concerns.

• Compare how options under consideration would change environmental and public health impacts on EJ populations.

• Documentation of meaningful involvement and the addressing potential EJ concerns.

# Sound Science and EJ Analysis in Development of the Rule

• Proximity and Exposure to Environmental Hazards

• Susceptible Populations

• Multiple and Cumulative Effects

• Ability to Participate in Decision

- Making

• Physical Infrastructure

# Environmental Justice Concerns

The rule has NOT identified how, if implemented, it would impact or address EJ

concerns e ven though EPA projects:

• There may be areas where emissions of one or

more co

- pollutants will increase

• Increased utilization of gas

- fired units may make periods of high concentrations more frequent



### Will there be disproportionate distribution of benefits?

## Documentation of EJ Integration in Rule Making

• How did the public participation process provide for transparency and meaningful participation of EJ populations?

• How did you identify existing and new disproportionate environmental and public health impacts on EJ populations?

• How did actions taken in the above, impact the outcome or final decision ?

## COMMENTS EJ PARTICIPATION

• States are developing their “input” through various means, including comments to the rule

– Who is consulted;

– How are “stakeholders” defined?

• State process for determining development and implementation of state plans

– Analyses of future options

– Ongoing planning

# Comments: State Plans

No current requirement, guidance or recommendation for inclusion of EJ in Plans.

– M eaningful involvement of Environmental Justice communities

– P otential impacts (benefits and costs) of each Building Block

– Compliance and monitoring should include reductions and prioritizations on EJ communities

# Final Questions & Remarks

# Final questions

• Does a rate or mass based system cause more concern for EJ communities?

• Can you provide the background/calculations on how the qualitative ej analysis was conducted?

• Can the SIP approval process be altered to include other requirements, like an EJ analysis?

# R equests to EPA Rule Writers

• Make equity & justice a primary theme in the Clean Power Plan

• Achieve absolute reductions of GHGs and co

- pollutants in EJ communities and demonstrated through the state compliance plans

• Prioritize energy efficiency and renewable energy in EJ communities and demonstrated through the state compliance plans

• From this point forward, this rule and all rules must include an ej analysis

– Conduct a distributive cost and benefits analysis of future rules

# Thank you

28 www.weact.org www.weact.org / ejcleanair www.ceed.org www.tesc.edu

www.njeja.org