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)

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Presentation Outline

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 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 JusticeAchieve healthy and sustainable communities for all people, particularly minority, low-income, and tribal communities.

Fruitvale Transit VillageOakland, CA

West Harlem Riverfront ParkNew York, NT

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Attributes of Healthy and Sustainable Communities

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

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

Clarifying legal authorities Identifying factors for assessing

disproportionate impacts on minority and low-income 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 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

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 Decision-Making (social capital)

*Also, looking into Psycho-Social Stress

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Building a Strong Science Foundation for EJ Analysis

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 inRegulatory Development 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)

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 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

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

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 Making a Difference

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 Rule of Law, Sound Science,

Transparency

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Conclusion

In many places, the burden of pollution and environmental degradation falls dispropor-tionately 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