Transcript Incorporating EJ in Rulemaking

New Opportunities for Building
an Evidence-Based
Environmental Justice Program
Charles Lee
Director, Office of Environmental Justice
EPA STAR Graduate Fellowship Conference
September 21-22, 2009 (Washington, DC)
Presentation Outline
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New opportunities under the Obama
Administration
Fostering healthy and sustainable
communities for all people
Building an evidence-based
Environmental Justice Program
How you can contribute
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New Directions
Environmental justice is
not an issue we can
afford to relegate to the
margins; we need to
factor it into every
decision.
Lisa P. Jackson
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Recent Developments
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Proposed Green House Gas
Endangerment Finding
Urban Waters Initiative
DOT/HUD/EPA Partnership for
Sustainable Communities
Administrator Memo on Regulation
and Policy Development
OEJ Budget Increase
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Overarching Goal for
Environmental Justice
Achieve healthy and sustainable communities
for all people, particularly minority, lowincome, and tribal communities.
Fruitvale Transit Village
Oakland, CA
West Harlem Riverfront Park
New York, NT
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Attributes of Healthy and
Sustainable Communities
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A clean, safe physical environment of high quality (including housing quality).
An ecosystem that is stable now and sustainable in the long term.
A strong, mutually supportive and non-exploitative community.
A high degree of participation and control by the public over the decisions
affecting their lives, health and well-being.
The meeting of basic needs (for food, water, shelter, income, safety and work)
for all the city's people.
Access to a wide variety of experiences and resources, with the chance for a
wide variety of contact, interaction, and communication.
A diverse, vital and innovative city economy.
The encouragement of connectedness with the past, and the cultural and
biological heritage of city dwellers and with other groups and individuals.
A forum that is compatible with and enhances the preceding characteristics.
An optimal level of appropriate public health and sick care services accessible to
all.
High health status (high levels of positive health and low levels of disease).
World Health Organization, “Promoting Health in an Urban Context”
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“Communities are not all created equal.”
Robert Bullard
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Factors exist which positively or negatively
impact health and sustainability
Therefore, attributes are not distributed equally
Distribution influenced by race and class
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“Toxic Hotspots”
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Physical and Social Characteristics
A combination of physical and social
characteristics results in disproportionate
impacts
“Physical and social environments play major roles in the health of
individuals and communities. The physical environment includes air,
water, and soil through which exposure to chemical, biological, and
physical agents may occur. The social environment includes
housing, transportation, urban development, land use, industry, and
agriculture and results in exposures such as work-related stress,
injury, and violence.” Healthy People 2010
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National Environmental Policy Act
To “assure for all Americans safe, healthful,
productive, and aesthetically and culturally
pleasing surroundings” and to “utilize a
systematic, interdisciplinary approach which will
insure the integrated use of the natural and
social sciences and the environmental design
arts in planning and in decisionmaking which
may have an impact on man's environment.”
42 U.S.C.A. §§ 4331(b)(2), 4332(A)
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Building an Evidence-Based
Environmental Justice Program
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Clarifying legal authorities
Identifying factors for assessing
disproportionate impacts on minority and lowincome populations
Incorporating EJ in regulatory development
Cumulative risk/impact assessment
Community based participatory research
Serving regulatory and non-regulatory
approaches
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Clarifying Legal Authorities
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Presidential Memo accompanying E.O.
12898
NEJAC recommendation on clarifying
legal authorities to address EJ issues
Guzi Memo on EJ and Permitting
OEJ and OGC working to update
statutory authorities, with view towards
application
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Identifying Factors for Assessing Disproportionate
Impacts on Minority and Low-Income Populations
Proximity and Exposure
Cumulative Impacts
Physical Infrastructure
Susceptible Populations
Unique Exposure Pathways
Ability to Participate in DecisionMaking (social capital)
*Also, looking into Psycho-Social Stress
Building a Strong Science
Foundation for EJ Analysis
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OEJ, ORD, OCHP and others have
commissioned papers (meta-analyses) on
disproportionate impact factors
Will become compendium for rule writers and
other analysts
Conduct Symposium in March 2010
Establish network of scientists/practitioners
Developing assessment frameworks, linking
to decisionmaking process
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Incorporating EJ in
Regulatory Development
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EJ Executive Steering Committee identified
this as a priority issue and established a
workgroup
Focus on procedural and substantive analysis
Identify rules to evaluate for conducting EJ
Analysis (e.g., Worker Protection,
Formaldehyde, Definition of Solid Waste,
etc.)
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EPA Framework for
Cumulative Risk Assessment (2003)
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Takes broad view of risk
Utilizes population-based & place-based analysis
Promotes comprehensive & integrated assessment of risk
Involves multiple stressors (chemical & non-chemical)
Posited expanded definition of vulnerability to include
biological & social factors
Places premium on community involvement &
partnerships
Emphasizes planning, scoping & problem formulation
Links risk assessment to risk management in context of
community health goals
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Community-Based Participatory
Research and Action
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Promotes active collaboration and
participation at every stage of research
Foster co-learning
Ensures projects are community-driven
Disseminates results in useful terms
Ensures research and intervention strategies
are culturally appropriate
Defines community as a unit of identity
O’Fallon & Dearry, 2002
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Community Action for a
Renewed Environment
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Build partnerships
Understand and prioritize
risks
Develop methods/plans for
risk reduction
Track progress and achieve
sustainability
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Regulatory and Non-Regulatory Means to
Achieve Healthy and Sustainable Communities
for All People
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Rulemaking and Standard-Setting
Permitting
Enforcement
Priority Setting
Collaboration (Governance, Partnerships,
Negotiations, etc.)
Other Policy Tools (Incentives, Education,
Communications, etc.)
Implementation and Accountability Tools
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How you can contribute
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Making a Difference
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Incorporate socio-economic factors in
environmental analysis
Work with impacted communities advance
research and action
Foster strong science for environmental
justice and decision-making
Environmental Democracy
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Rule of Law, Sound Science, Transparency
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Conclusion
In many places, the burden of pollution and
environmental degradation falls disproportionately on low-income and minority
communities… I won’t stand by and accept the
disparities any longer. It’s my mission to show
all Americans that this EPA works for them, and
I hope you will join me.
Lisa P. Jackson
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