[Federal Register Volume 64, Number 213 (Thursday, November 4, 1999)]
[Notices]
[Pages 60191-60193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28884]


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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

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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.

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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]
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