The U.S. Environmental Protection Agency (EPA) is becoming more aggressive in its efforts to get people involved in environmental justice (EJ) efforts in their communities. And some communities are jumping on the bandwagon. Two recent initiatives, EPA’s draft EJ agenda for 2020 and a new Los Angeles ordinance, highlight the growing prominence of EJ concerns. Today we will look at the permitting component of the 2020 EJ Agenda and how you can influence developments in your community. Tomorrow we will focus on the new L.A. ordinance’s effect on business development—possibly nationwide.
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Environmental managers would do well to consider their facilities as an integral part of their communities and be involved in, and at times spearhead, environmental initiatives.
Note. There is still time to have your say about EPA’s EJ plans. The EPA is accepting comments on the draft EJ agenda for 2020 until July 7, 2016.
EJ focus on permitting
Since its 2014 EJ Plan, the EPA has been considering whether enhanced outreach to communities is appropriate for permits. Each EPA Region developed a Regional Implementation Plan (RIP) to outline how they will decide about and conduct enhanced outreach on permits. According to the Agency, these efforts are being tracked. Outreach efforts include, for example, making permits more accessible to communities for review, holding public meetings/information sessions/hearings, and notifying the public about permits on the radio, social media, and other communication sources, and providing plain-language fact sheets in multiple languages.
Under EJ 2020, the EPA will establish a framework and tools for permit writers on when and how to consider and analyze environmental justice concerns in the development of permits and encourage the use of permit terms and conditions to address concerns to the extent supported by relevant law and information.
The EPA also plans that permit applicants will share information, tools, and approaches for conducting outreach in communities with environmental justice concerns. The Agency will compile these tools and approaches in an information resource of best practices for permit applicants. Efforts will include promoting permit applicants’ participation in community training to help build effective relationships and foster communication with the surrounding communities.
The goal is to bring applicants and communities together to address environmental issues and concerns before a permit is issued.
Using EJSCREEN
In the draft EJ 2020 agenda, the EPA often refers to its new tool, EJSCREEN, as one means of investigating areas where environmental justice is a concern. EJSCREEN is a screening and mapping tool that allows users to choose a geographic area, and then it provides demographic and environmental information about that area. Although there are all sorts of caveats and guidance about its use, your average citizen will likely not read these. Most folks will likely go to the application, plug in a geographic area and be confused, and in many cases, incensed at the color-coded information.
Takeaways
Here are some ways that you can become involved and help set the table for your company to be seen as a partner and not just an “environmental risk” in your community.
Build partnerships. Make sure that you have your ears tuned to what is going on in your community and be part of, if not a leader of, any efforts to tackle environmental issues in your community.
Identify environmental concerns. If your facility is viewed as a “polluter” in your community, be outfront and up front about the true environmental risks at your facility.
Collect and evaluate information. The EPA encourages citizens to collect information about pollution in their communities and to report it to the Agency. If your community has a “cleanup” or “water sampling” day or initiative, make sure you are there and help provide some of the “science” for these citizen scientists. It is important to ensure that any data that are collected, especially if they involve your facility’s emissions or discharges, are not only correct but also interpreted correctly. Probably no news to you, but there have been instances where total maximum daily loads (TMDLs) have been set for pollutants based on incorrect sampling and analysis. Also, some people view any releases that have to be reported on the toxic release inventory (TRI) as unlawful. Make sure folks in your community understand what the TRI program is about and what you have done and are doing to reduce emissions and other releases at your facility.
Be familiar with all the outreach tools. Get to know all the tools, such as EJSCREEN, that the EPA is using to encourage public participation. Make sure you are available to help interpret any information or misinformation circulating in your community.
In tomorrow’s Advisor, we will look at a brand new local EJ ordinance that may become a model for communities nationwide. Will your facility be affected? Tune in tomorrow.