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 accountability required by the 

State Implementation Plans
Building 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 In The Context 

Of The 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 copollutant 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 carbontrading.

• 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 Responsibility For 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
 Develop 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. 

• Evaluate 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 even 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.

– Meaningful involvement of Environmental 

Justice communities

– Potential 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?
Requests 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

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www.weact.org/ejcleanair

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