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)

2 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

3 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

4 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

5 Overarching Goal for Environmental Justice Achieve healthy and sustainable communities for all people, particularly minority, low- income, and tribal communities. Fruitvale Transit Village Oakland, CA West Harlem Riverfront Park New York, NT

6 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”

7 “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

8 “Toxic Hotspots”

9 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

10 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)

11 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

12 Clarifying Legal Authorities Presidential Memo accompanying E.O 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 ExposureCumulative Impacts Physical Infrastructure Susceptible Populations Unique Exposure Pathways Ability to Participate in Decision- Making (social capital) *Also, looking into Psycho-Social Stress

14 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

15 Incorporating EJ in Regulatory 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.)

16 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

17 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

18 Community Action for a Renewed Environment Build partnerships Understand and prioritize risks Develop methods/plans for risk reduction Track progress and achieve sustainability

19 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

20 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

21 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