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Vol I-1NationalEnvironmentalJusticeAdvisoryCouncilMeeting
Baltimore, Maryland Inner Harbor HotelBaltimore, MarylandMonday, December 9, 2002
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Vol I-2NEJAC Members Present
Peggy Shepard, Chairwoman
Larry Charles
Veronica Eady
Judith Espinosa
Eileen Gauna
Tom Goldtooth
Richard Gragg, III
Walter Handy, Jr.
Robert Harris
Lori Kaplan
Pamela Kingfisher 
Rev. Adora Iris Lee
Harold Mitchell
Mary Nelson
Graciela Ramirez-Toro
Wilma Subra
Jana Walker 
Kenneth Warren, Esquire
Terry Williams
Tseming Yang
EPA Representatives:
Barry Hill
Charles Lee, DFO
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I N D E XPAGEIntroductions and Welcomes
5J.P. Suarez, Assistant Administrator, U.S.Environmental Protection Agency, Office of Enforcement and Compliance Assurance 7Tom Voltaggio, Deputy Regional Administrator,EPA Region 3 12Denise Ferguson-Southard, Deputy Secretary, MarylandDepartment of the Environment 16Cleo Holmes, Concerned Citizens of Eastern Avenue,Washington, D.C. 18Williams Sanders, Deputy Assistant Administrator,EPA Office of Prevention, Pesticides and ToxicSubstances 20
Case Studies on Pollution Preventionand Environmental Justice
28Source Reduction Project: A Community Plant EffortTo Work With Equistar and Lyondell ChannelviewPlants to Reduce Air Emissions at the SourceDr. Neal Carman 28
Vol I-4I N D E X (continued)PAGE
Park Heights Auto Body/Auto Repair Shop Case StudyBernard Penner 64Tom Voltaggio 75Henri Thompson 79
KEYNOTE: "---" Indicates inaudible in transcript.
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Vol I-5E V E N I N G S E S S I O N
(3:02 p.m.)
Introductions and Welcome
MR. LEE: Good afternoon. Can I ask that everyone come intothe room. Good afternoon. Hey, Marva, can you tell everyone thatwe are ready to start.(Pause.)MR. LEE: Okay. Can we get started? Richard, can we getstarted. Good afternoon. It is my distinct pleasure to welcome to the18th public meeting to the National Environmental Justice AdvisoryCouncil. My name is Charles Lee, and I am the designated federalofficer for the NEJAC.I am beginning this meeting because Peggy Shepard, the chair of the NEJAC, is slightly delayed, and she will be here about 4:00p.m.So, without any ado, let me ask that everyone on the NEJACintroduce themselves, starting with Veronica. Just who you are andwhere you are from.MS. EADY: My name is Veronica Eady. I am the chair of theWaste and Facility Siting Subcommittee. I am with Tufts Universityin Massachusetts.MS. ESPINOSA: My name is Judith Espinosa, and I’m at theUniversity of New Mexico in the HR Institute. I’m also on the boardof Southwest Transportation Policy Project. We are transportationadvocates.MS. GAUNA: Hi. I’m Eileen Gauna. I’m from SouthwesternLaw School in Los Angeles. I’m the chair of and air and water subcommittee.MR. GRAGG: My name is Richard Gragg. I’m from FloridaA&M University Environmental Sciences Institute, and I’m a member of the health and research subcommittee.MR. HARRIS: Robert Harris, Pacific Gas and ElectricCompany, San Francisco, vice president of environmental affairsthere.
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MS. KAPLAN: I’m Lori Kaplan. I’m the commissioner of theIndiana Department of Environmental Management. I’m on theexecutive council and the health and research subcommittee.MS. KINGFISHER: Pamela Kingfisher, Indigenous Woman’sNetwork, Austin, Texas, and I’m acting chair of the health andresearch subcommittee.REVEREND IRIS-LEE: Reverend Adora Iris Lee, UnitedChurch of Christ, and I serve on the health and researchsubcommittee.MS. NELSON: Mary Nelson, Bethlem New Life, and I’m on thewaste and facility siting subcommittee.MS. SUBRA: Wilma Subra. I’m from Louisiana, representingthe Louisiana Environmental Action Network. I’m on the air andwater subcommittee, and Ken Warren and I are co-chair of thepollution prevention environmental justice workgroup that is going topresent tomorrow.MS. RAMIREZ-TORO: Good afternoon. I’m Graciela Ramirez.I am the director of the Center for Environmental EducationConservation and Research of the American University of PuertoRico, and I chair the Puerto Rico committee.MR. WILLIAMS: Good afternoon. My name is Terry Williams.I’m from the Talulap tribes in Washington State.MR. WARREN: Ken Warren, from the law firm of Wolf, Block inPhiladelphia and chair elected to the American Bar Associationsection of environment. I was co-chair of the task force with WilmaSubra. Co-chair of the workgroup on pollution prevention.MR. LEE: Welcome. We are going to have a number of welcomes from the following people. First, J.P. Suarez, the AssistantAdministrator for the Office of Enforcement Compliance Assurance,U.S. EPA. J.P.
By J.P. Suarez
MR. SUAREZ: Thank you and good afternoon. Thank you,Charles, and thank you, Barry, for all the work that you have done. Iwant to really first start off by thanking the members of the NEJACcommittee to come here and take time of your busy schedules and
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participate in what I can tell you is a very important to Governor Whitman and to this Administration and to really express our appreciation for the important role that the NEJAC plays to EPA.And just to let you know, the partnering and the interaction thatwe have and that we benefit from is something that is incrediblyimportant to us and to which we are all indebted to the NEJAC for thevoice that they bring to the environmental justice concerns that we allhave.Let me start by just introducing myself a little bit. As Charlesmentioned, I am the Assistant Administrator for Enforcement andCompliance Assurance. I was confirmed in that position by the U.S.Senate the beginning of August. By the way, Veronica, I am a Tuftsgrad; a fellow Jumbo.I have been in that role now for about seven months. And oneof the things that is important to me, and indeed, one of the thingsthat I was really pleased to see when I came down to EPA, is the factthat the Office of Environmental Justice is housed in the Office of Enforcement and Compliance Assurance, because from myperspective and where I come from it is probably one of the singlemost important functions that we can do to make sure that nocommunity bares more than its fair share, that we are making surethat the work of OEJ is incorporated into the work that we do in theOffice of Enforcement.And as you know, this agency or this office within the agency issome 10 years old, and we actually recently celebrated the work thatBarry and his staff have done in bringing the Office of EnvironmentalJustice to the forefront of where we all need to be thinking in theagency. But I can tell you that no one is resting on their laurels andthere is much work to be done, and indeed, we need to continue tomove forward to make sure that we see our goal of environmentalprotection for all.From my perspective and from where I stand I believe that theprotection that we have all realized is necessary is only going to becomplete when we fully weave environmental justice into all of theprograms in all of the offices in the EPA.
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It is a key priority for every office, but I can tell it is a key priorityfor my office, and there are many opportunities for us in our day-to-day operations to bring environmental justice to a reality, to sort of where the rubber meets the road, and we can do that. We must dothat.I would like to spend a moment with you just talking about someof the ways that I think we would like to do that and then also inviteyou to, please, offer up suggestions, comments, advices for us that Ican take back to the Office of Enforcement to try to realize the goalof environmental justice for everybody.I guess the important thing that we can do with environmental justice is in our implementation, and one of the ways we do that --and it may sound like a real inside the beltway thing, but it reallydrives how we approach environmental justice, and that is putting itinto our planning and budgeting process, including our agreementsthat we enter into with our regions that dictate the kind of work theyare going to be doing over the course of the next few years.We need to make sure that our regional offices and our stateoffices recognize how important it is for us to start factoring inenvironmental justice priorities into the work that they do so that weunderstand and so that everybody understands what we believe thepriorities are and how we need to go about carrying them out.We also need to make sure that in our case selection processwe are carrying out the priorities of this Administration, and I’m goingto talk a little bit about what I mean by some of the strategic casetargeting that we can do. But obviously the planning and thebudgeting process is not the only part that matters.We need to start making sure that we are carrying out todayand as well as in our plans in the future. One of the ways that we aretrying to do that, as I think many of you know, is in the context of our supplemental environmental projects, which are projects that areadd-ons or sort of attachments to a normal civil settlement that isnegotiated through of our Office of Regulatory Enforcement.What we have asked the office to do is in the Office of Regulatory Enforcement is to -- and indeed, our set policy now
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specifically emphasizes that consideration of environmental justiceissues in the settlement of an enforcement action so that we can getsome direct and immediate environmental justice benefits to our communities as quickly as possible.Our office is also piloting efforts to make sure, where possible,we are implementing the injunctive relief that we often times get as aresult of our civil settlements in environmental justice communitiesfirst. When a company is willing to spend hundreds of millions of dollars to clean up its operations, lets make sure that where we canwe are making sure that the operations that they have in EJcommunities are being addressed immediately.We also, as I said -- I think we need to bring some strategicthinking into how we go about doing some of our environmental justice planning and targeting, and I think that one of the ways wecan do that is how our agency uses some of the data that we collect.I know it is never sort of -- it is never wise to compare yourself to theIRS in any capacity, but I am told that one of our databases, thePCS, the Permit Compliance System database, is the second largestgovernment data base behind only the IRS’ database on taxpayers.The wealth of information that we have in that database isnothing short of staggering. Well, I believe that we need to starttaking that data, start analyzing it and start to use it to do some smarttargeting, some smart compliance assistant work and look at non-compliance rates in environmental justice communities to try to drivesome results based upon the information that we have.I know through the help of Barry we were able to include in oneof our systems an Enviro Mapper, which is a program that reallyallows us to do some fairly complicated analysis on environmental justice issues and indeed compliance rates in our environmental justice communities.This is one of the ways where I think we can use the data, theresearch and the experience and the resources that we have to starttaking some strategic looks at compliance histories and thendeciding on a strategy about how we can approach compliance toget companies into compliance, stay in compliance and eliminate the
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environmental impacts that they are having in our communities.We need to look at all of the tools that are available to us andfigure out how to incorporate EJ into the use of all of those tools, be itcompliance assistance, be it incentives, be it monitoring or be it goodold fashioned enforcement, and we need to be able to use each andevery one of those tools, especially in our environmental justicecommunities so that we can start doing some of the tragic and smarttargeting that Governor Whitman speaks about quite frequently.Of course, with all of the efforts that we are taking, with the workof the NEJAC being done, with the advice and recommendations thatyou have given us there is obviously more work to be done, and weneed to continue in the strides to reduce the risks of environmentharm in our communities.And one of the things that we need to do is not just capture thatinformation, but communicate it well. We need to make sure that our communities understand the successes and also the failures of howwe go about doing our job. We need to communicate well with thepublic, and we need to make sure the public understands not justwhat we can do, but what we cannot do when we talk about the workthat we can do in the Office of Enforcement and ComplianceAssurance.I think where the NEJAC, in my view, critically important, is wealso need to continue to listen well. As a public agency sometimeswe do not listen as well as we can, as well as we should, indeed aswell as we must, and so we must continue to get out there and listento the communities, to understand, to get the feedback and then helpus make the decisions we need to make about some of the smarttargeting and smart enforcement work that we can do.Those are some of the things that I think that we can and wemust do. One of the other areas that I would like to see us do and Iam working with Barry on and we will continue to work with the Officeof Environmental Justice is in order to insure that environmental justice is integrated into all of our programs, is to provide thenecessary training to all of our staff so that they understand how tomake EJ issues real, rather than something that they read about in
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the paper or on our strategic plan.We must continue also our outreach so that everybodyunderstands what we are doing. One of the things that we arelooking for the NEJAC to help us on is in the area of how we goabout delivering some of our compliance assistance tools, and wewould love some feedback and some input from the NEJAC on howwe can go about designing and implementing those complianceassistance tools that can help us get to the regulate community andwork with the regulated community to help them get their facilitiesinto compliance, stay in compliance, and indeed, moving beyond justcompliance.I just want to wrap up by again expressing my thanks to theNEJAC for the work that you do, the commitment that you all make totrying to make sure that we are doing everything we can as anagency to insure that no community is left behind and that we doinsure that we have environmental protection for all both now and for our future generations.And on behalf of Governor Whitman, I just want to thank you for your efforts, and we look forward to our positive and constructiverelationship over the upcoming years, and I thank you. Thank you,Barry.(Applause.)MR. LEE: Thank you, J.P. One of our partners in holding thismeeting is EPA’s Region 3, which is the host of this meeting, and Iwant to introduce Tom Voltaggio, the deputy region administrator for EPA Region 3. Tom.
By Tom Voltaggio
MR. VOLTAGGIO: Thank you, Charles. As the host I do, of course, want to welcome the NEJAC members and the attendees of this conference to Baltimore here. Of course, the topic of pollutionprevention is an important one. Not only for the country, but for Region 3, the middle Atlantic region of the country as well.The active involvement of all of the stakeholders is extremelyimportant in order to insure fair treatment to all.Region 3 supports the principles of environmental justice and
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will continue its efforts to improve our programs to assure theprotection of human health and the environment. I am very proud of the work that our office does in the area of environmental justice, andI would like them to stand up so that you can see them.Number one, so that in case you have any concerns or issuesyou would like to raise about issues that are in the Region 3 states,you can go to these folks throughout the conference. SamanthaFairchild is the head of the office. Could you stand, Samantha. Isaw Reginald Harris. Reggie, are you here? Is Hal here? HalYates. Okay. He is outside. Okay. Is anyone else here,Samantha?MS. FAIRCHILD: No.MR. VOLTAGGIO: No. Okay. These are the folks that if youhave issues, please go see them. If you can’t fine me. I think thatthey do an excellent job, and I think that they are of great help to thenational program office in implementing the environmental justiceprogram at EPA. I think they do a great job.Active involvement in issues of environmental justice startedpretty early for us in the middle Atlantic region of EPA. Mainly as aresult of concerns in the City of Chester Pennsylvania back in 1993.I can’t believe it has been that long ago.Reginald Harris, Pat Anderson and I worked on what I believeto be the first cumulative risk assessment of an area, of an EJ area,in the country. We investigated a number of environmental impactsto the community with the best scientific information that we had atthe time. We looked at air sources, we looked at motor vehiclesources, we looked at exposure from lead base paint, we looked atexposure from untreated water, we looked at a number of areas andcame up with what we thought was, for its time, reasonablysophisticated analysis of the types of exposures that people in thatcity were getting.I think it led the way towards other kinds of analysis that havesince been done. The important part of that was not just theanalysis, but in rolling that analysis out to the community. We wereinvolved in a multi-year process of looking at what the data showed
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