Environmental Justice Coalition

Environmental Justice Protocol

Community Empowerment and Sustainable Development Act

Short Title: Environmental Justice Act

The siting of pollution releasing facilities (PRF) in areas with the worst health or the largest number of (or most serious) polluting facilities would further increase their health disparity compared to areas with better health and fewer (or less serious) polluting facilities. Such an adverse effect would violate the civil rights of the residents of the worst health and polluted areas. The Protocol below provides a framework for effectively addressing disproportionate health, pollution and economic impacts.

Construction and operating permits for a new facility or to enlarge an existing facility shall not be granted for an Affected Area (any area determined by EPA that suffers from disproportionate health and environmental impacts) if the local community, utilitizing EPA Office of Health Protection data, determines that the proposed facility will cause residents to suffer from disproportionate health and environmental impacts and the Affected Area determines, through their elected officials, that they do not want the facility.
Construction and operating permits for a new facility or to enlarge an existing facility shall not be granted if the Affected Area is a Protected Area (Affected Area protected by local community designation and supported by EPA analysis). The residents of the Protected Area may waive the prohibition against construction/operation of the proposed facility if a the residents can get approval from the local decision-making agency for such waiver.
The health of the residents, the number of polluting sites and the community economic assessment in an Affected Area shall be used by the community and EPA to determine disproportionate impacts. Health criteria shall be developed by the EPA Office of Health Protection, pollution site criteria shall be developed by the EPA Office of Environmental Justice and economic assessments shall be developed by the EPA National Center for Environmental Economics. If a site fails to meet the criteria established in these three categories, the proposed construction or operating permit should be denied or EPA discretionary grant and contract funds will be denied to noncomplying States for the next fiscal year. If a site meets the criteria establihed in these three categories, the proposed construction or operating permit should be approved or EPA discretionary grant and contrac funds will be denied to noncomplying States for the next fiscal year. Such denial does not require review, approval or disapproval by the U.S. Congress.
Pollution Releasing Facilities shall be those facilities that are required to obtain pollution releasing permits. A PRF can also be an undocumented source of pollution as identified by a community and acknowledged by EPA.

The siting of nonpollution releasing facilities (NRF) in areas with the worst health or the largest number of (or most serious) polluting facilities would decrease their health disparity compared to areas with better health and fewer or less serious polluting facilities. A nonpollution releasing facility would not qualify to be on the following permit lists: CERCLA, RCRA (Large), Clean Air Act, Clean Water Act and dangerous undocumented sources of pollution (community accepted and EPA confirmed). Such a positive effect would enhance the civil rights of the residents of the worst health and polluted areas. The Protocol below provides a framework for effectively addressing proportionate health, pollution and economic impacts.

Construction and operating permits for a new facility or to enlarge an existing facility shall be granted for an Affected Area (any area determined by EPA that is enhanced by proportionate health and environmental impacts) if the local community, utilitizing EPA Office of Health Protection data, determines that the proposed facility will not cause residents to suffer from disproportionate health and environmental impacts and the Affected Area determines, through their elected officials, that they want the facility.
Construction and operating permits for a new facility or to enlarge an existing facility shall be granted if the Affected Area is a Protected Area (Affected Area protected by local community designation and supported by EPA analysis) and the residents of the Protected Area have waived the prohibition against construction/operation of the proposed facility by getting approval for such waiver from the local, authorized decision-making agency.
The health of the residents, the number of polluting sites or the community economic assessment in an Affected Area shall be used by the community and EPA to determine disproportionate impacts. Health criteria shall be developed by the EPA Office of Health Protection, pollution site criteria shall be developed by the EPA Office of Environmental Justice and economic assessments shall be developed by the EPA National Center for Environmental Economics. If a site meets the criteria established in these three categories, the proposed construction or operating permit should be approved or EPA discretionary grant and contract funds will be denied to noncomplying States for the next fiscal year. Such approval does not require review, approval or disapproval by the U.S. Congress.
A nonpollution releasing facility would not qualify to be on the following permit lists: CERCLA, RCRA (Large), Clean Air Act, Clean Water Act and dangerous undocumented sources of pollution (community accepted and EPA confirmed). An NRF also cannot be an undocumented, dangerous source of pollution as identified by a community and acknowledged by EPA (e.g., abandoned landfill, trash transfer station, abandoned dump sites, etc.).