meeting: EPA's factors in EJ permiting

[ttweed@wildrockies.org (Tony Tweedale)]

[Federal Register: November 4, 1999 (Volume 64, Number 213)]
[Notices]
[Page 60191-60193]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no99-61]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6470-3]


National Environmental Justice Advisory Council; Notification of
Meeting and Public Comment Period(s); Open Meetings

    Pursuant to the Federal Advisory Committee Act (FACA), Public Law
92-463, we now give notice that the National Environmental Justice
Advisory Council (NEJAC), along with

[[Page 60192]]

the various subcommittees will meet on the dates and times described
below. All times noted are Eastern Standard Time. All meetings are open
to the public. Due to limited space, seating at the NEJAC meeting will
be on a first-come basis. Documents that are the subject of NEJAC
reviews are normally available from the originating EPA office and are
not available from the NEJAC. The NEJAC and subcommittee meetings will
take place at the Crystal City Hilton at National Airport, 2399
Jefferson Davis Highway, Arlington, Virginia 22202. The meeting dates
are as follows: November 30, 1999 through December 2, 1999. This is the
first in a series of focused policy issue meetings for the NEJAC. To
help prepare for this specific focused policy issue meeting the
following background information is provided:

Request

    The Charter for the National Environmental Justice Advisory Council
(NEJAC) states that NEJAC shall provide independent advice to the
Administrator on areas relating to environmental justice that may
include, among other things, ``EPA's framework for integrating
socioeconomic planning, annual planning and management accountability
for achieving environmental justice results agencywide.'' In order to
provide such independent advice, the Agency, through the Office of
Environmental Justice (OEJ), requests that the NEJAC convene a focused
and issue-oriented public meeting in Washington, D.C. to receive
comments, discuss, and analyze a major public policy issue. The Agency,
furthermore, requests that the NEJAC produce a comprehensive report on
the differing views, interests, concerns, and perspectives expressed by
the stakeholder participants on the issue, and provide advice and
recommendations for the Agency's review and consideration.

Issue

    In order to secure protection from environmental degradation for
all citizens, what factors should be considered by a federal permitting
authority, as well as state or local agencies with delegated permitting
responsibilities, in the decision-making process prior to allowing a
new pollution-generating facility to operate in a minority and/or low-
income community that may already have a number of such facilities?

Background

    Federal statutes, many of which are implemented by state and local
permitting authorities, have established criteria for, or methods of,
administering their permit programs. Typically, these permit programs
have not taken into consideration the composition of the community
affected by a proposed pollution-generating facility. Moreover, these
permit programs frequently do not list as issues to be considered by
regulators such factors as quality-of-life, aesthetic, historic,
cultural, economic, or social impacts or issues such as the adequacy of
meaningful public participation. Although permitting programs are
required to consider ecological and health impacts, the evaluations
tend not to be oriented towards the issues confronting minority and/or
low-income communities.

Discussion

    Staff in the EPA Office of General Counsel (OGC) has conducted a
preliminary analysis of the Agency's permitting statutes and
regulations that suggests there are opportunities for addressing
environmental justice situations. (Memorandum dated June 25, 1996)
Professor Richard Lazarus, as a member of the NEJAC's Enforcement
Subcommittee, authored at the request of NEJAC a subsequent memorandum
which further explored the implications of OGC's initial analysis.
(Memorandum dated July 18, 1996) The NEJAC adopted at its December 10-
12, 1996, meeting a resolution requesting the EPA to undertake a
comprehensive survey of its existing statutory and regulatory authority
to promote environmental justice under existing statutory authorities.
These memoranda identified opportunities under seven statutes and their
implementing regulations, i.e., CAA, CWA, CERCLA, RCRA, EPCRA, TSCA,
and FIFRA. To address instances of environmental injustice through the
implementation of the existing statutes and regulations, the EPA may,
in some cases, need to issue regulations: in other instances, the EPA
may have to issue appropriate guidance.

Meeting

    Registration for the NEJAC meeting will begin on Tuesday, November
30, 1999 at 8:00 a.m. A focused ``policy issue'' public comment period
has a been scheduled for Tuesday, November 30, 1999 from 6:00 p.m. to
9:00 p.m. On Wednesday, December 1, 1999, an ``all other EJ issues''
public comment period has been scheduled from 6:00 p.m. to 9:00 p.m.
The full NEJAC will convene Tuesday, November 30, 1999, from 8:00 a.m.
to 9:00 p.m., and on Wednesday, December 1, 1999, from 8:00 a.m. to
5:00 p.m. Business will include a series of panels with expert
testimony on the focused policy issue, a review of ongoing NEJAC
activities and a discussion of new business items. All subcommittees of
the NEJAC, will meet on Wednesday, December 1, 1999, from 8:00 a.m. to
4:30 p.m. Any member of the public wishing additional information on
the subcommittee meetings should contact the specific Designated
Federal Official at the telephone number listed below.
Subcommittee and Federal Official and Telephone Number
Enforcement--Ms. Shirley Pate, 202/564-2607
Health & Research--Mr. Lawrence Martin, 202/564-6497; Mr. Chen Wen,
202/260-4109
International--Ms. Wendy Graham, 202/564-6602
Indigenous Peoples--Mr. Danny Gogal, 202/564-2576; Mr. Tony Hanson,
202/260-8106
Waste/Facility Siting--Mr. Kent Benjamin, 202/260-2822
Air & Water--Mr. Will Wilson, 202/564-1954; Ms. Alice Walker, 202/260-
1919

    Members of the public who wish to participate in one of the public
comment periods should register to do so by November 22, 1999.
Individuals or groups making oral presentations during the public
comment period will be limited to a total time of five minutes. Only
one representative from a community, organization, or group will be
allowed to speak. Any number of written comments can be submitted for
the record. The suggested format for individuals making public comment
should be as follows:

SPEAKER'S TEMPLATE

NAME OF SPEAKER:-------------------------------------------------------

NAME OF ORGANIZATION/COMMUNITY:

----------------------------------------------------------------------
ADDRESS/PHONE/FAX/EMAIL:-----------------------------------------------

DESCRIPTION OF CONCERN:------------------------------------------------

RECOMMENDATIONS/DESIRED
OUTCOME:---------------------------------------------------------------

    If you wish to submit written comments of any length (at least 50
copies), they should also be received by November 22, 1999. Comments
received after that date will be provided to the Council as logistics
allow. Correspondence concerning registration should be sent to Tama
Clare of Tetra Tech Environmental Management, Inc. at: 1881 Campus
Commons, Suite 200, Reston, VA 20191, phone: 703/390-0641 or fax: 703/
391-5876. Hearing-impaired individuals or non-English speaking
attendees wishing to arrange for a sign language or foreign language
interpreter, may make appropriate arrangements using these numbers
also.

[[Page 60193]]

In addition, NEJAC offers a toll-free Registration Hotline at 888/335-
4299. For on-line registration, you may visit the Internet site: http:/
/www.epa.gov/oeca/oej/nejac/register.

    Dated: October 28, 1999.
Charles Lee,
Designated Federal Official, National Environmental Justice Advisory
Council.
[FR Doc. 99-28884 Filed 11-3-99; 8:45 am]
BILLING CODE 6560-50-P



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