Holly Cairns, PA Department of Environmental Protection’s Office of Environmental Advocate

1. Holly Cairns, Director
Department of Environmental
Protection
Office of Environmental
Advocate
PA AMR Annual Conference
Aug. 9, 2013

2. • Environmental Justice (EJ) is the fair treatment
and meaningful involvement of all people
regardless of race, color, national origin, or
income with respect to the development,
implementation, and enforcement of
environmental laws, regulations, and policies.
Definition of Environmental Justice

3. • In December 1996, Chester Residents
Concerned for Quality Living (CRCQL) filed a
lawsuit against DEP. The lawsuit alleged that
DEP’s waste facility permitting process
violated Title VI of the Civil Rights Act of 1964
and EPA’s regulations due to disproportionate
impacts.
History of EJ in PA

4. • The case received national attention and eventually reached
the United States Supreme Court on the question of whether
private citizens have the right to sue in federal court for
violations of EPA’s regulations.
• The Supreme Court dismissed the case without reaching a
decision.
• As a result, in 1999 DEP developed a statewide Environmental
Justice Work Group (EJWG).
• In 2001, the EJWG produced the Environmental Justice Work
Group Report which recommended the establishment of the
DEP Environmental Justice Advisory Board and the creation an
office within DEP to address environmental justice issues.
History of EJ in PA

5. • In 2002, DEP established the Office of Environmental Advocate
(OEA) as a resource and a point of contact for addressing
environmental concerns, and to foster community
involvement.
• Also, the Environmental Justice Advisory Board (EJAB) was
formed.
• The group recommended the creation of environmental policy
in Pa. based on respect and sensitivity towards everyone, and
with special considerations to protect vulnerable communities.
The goal was the inclusion of community members and
advocates as partners and participants in the planning and
decision-making processes.
History of EJ in PA

6. • With the creation of the Environmental Justice Public Participation
Policy in 2004, residents in EJ communities were granted enhanced
opportunities to learn about major permit proposals in their
community, in addition to the normal course of public involvement.
• The policy provides EJ communities:
• An informational public meeting
• A plain language summary of the proposed application
• Increased outreach and access to information on permit
applications
• The intervention of an advocate to facilitate communication
between the industry, DEP and the community.
History of EJ in PA

7. • Resources
– Information
– Legal
– Understanding of
– Environmental Science
• Knowledge of the Permitting Process
• Access to the regulatory and legislative process
• Involvement in Local Political Processes (zoning,
noise, etc.)
Barriers for EJ Communities

8. • Any census tract in Pa. where:
– 20 % or more of the individuals who live in that
community are low-income.
and/or
– 30% or more of the individuals who live in that
community are minorities.
How DEP Identifies an EJ Area

9. Pa. EJ Areas

10. • Total of 851 EJ census tracts
– 210 census tracts are 20% or greater low-income
– 282 census tracts are 30% or more minority
– 359 census tracts are both low-income and minority
2010 Census Tracts

11. When a new permit application is submitted, the e-
FACTS system identifies if:
• The type of permit is a “trigger permit”
(Appendix A of the EJ Policy)
• If the facility is located within a .5 mile radius
from the proposed facility or activity boundary
Identifying EJ Permits

12. Community Outreach
• DEP strongly encourages applicants to meet with
community stakeholders. Therefore, the applicant is
notified early in the process when a permit
application meets the criteria for EJ.
• DEP produces and distributes plain language
information sheets regarding the proposed activity.
• DEP provides residents with information regarding
proposed permit conditions.
EJ Public Participation Policy

13. Public Information
• DEP encourages the use of electronic, conventional and non-
conventional methods of sharing information to community
members.
• Public Notices are written in terminology easily understood by
the majority of readers within the Environmental Justice Area.
• Notices are placed in publications widely read by residents in
those areas, besides the legal notice section, and placed locally
in areas of high visibility.
Examples: local newspapers, community newsletters, church bulletins, public service
announcements and notices on local radio and television stations, notices posted in areas of
high foot traffic, notices to local environmental groups, and notices to local community centers.
EJ Public Participation Policy

14. Public Meetings
• Pre-application meetings: DEP strongly
encourages applicants to meet with the
community prior to submitting an application to
the Department.
• Informational meetings: DEP, along with the
applicant, schedules an informational meeting
within 30 days of receipt of the application. A
public participation plan is also created.
• Applicants’ role: Applicants are encouraged to
participate in the meeting, many take the lead
in holding the meeting.
EJ Public Participation Policy

15. Summary of Application
• DEP or the applicant provides a plain language
summary of the application that explains the
project in terms understandable to a majority of
readers within an Environmental Justice Area.
• The informational sheet addresses the purpose
and location of the proposed activity or facility,
and anticipated impacts.
EJ Public Participation Policy

16. Document Availability
Access to relevant information is vital to
meaningful participation.
• Identification of convenient locations where
the public can review applications
• Additional support on how to locate materials
in a file
• Moving toward more online access of
applications
EJ Public Participation Policy

17. Mining Communities
• Significantly improved public participation during
the permit review process.
• Improved the communication process in EJ areas.
• Helped mining EJ communities be a part of the
process.
EJ Public Participation Policy

18. OEA EJ Projects
AMD and Brownfield Hill District Site

19. Other Interaction
• Works with Brownfield
redevelopment projects
• Identify funding opportunities
• Make connections and help
creates partnerships in EJ
communities
OEA and EJ Areas

20. • Educate yourself and share information
with others.
• Get involved when new permits are
coming into your community.
• Sign up for DEP’s eNOTICE.
• Learn about your rights and
responsibilities.
• Teach children why and how to care for
the environment.
• Understand the links between your
health and the environmental conditions
of your community.
• Get involved in the regulatory process at
the local, state and federal levels.
How to Improve EJ Communities

21. • Education and Information
• Community involvement
• Advocacy
• Community Organizing
Resident’s Associations
Business Associations
Local government partnerships
• Collaboration: residents, law enforcement,
government, businesses, nonprofits, faith
community & the media
What Works?

22. Holly Cairns, Director
Department of Environmental
Protection
Office of Environmental Advocate
hcairns@pa.gov
Phone: 717.787.6490
www.dep.state.pa.us