Border Environmental Justice Report
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BORDER ENVIRONMENTAL JUSTICE REPORT A Report developed from the Proceedings of “The NEJAC International Roundtable on Environmental Justice on the U.S.-Mexico Border (August 19-21, 1999, National City, CA)”) Unheard Voices from the Border: A Report on Environmental Justice in the U.S.-Mexico Border Region From the Past to the Future A Federal Advisory Committee to the U.S. Environmental Protection Agency Acknowledgments The NEJAC is grateful for the contributions of the border community organizations, the Environmental Protection Agency in funding and assisting in organizing the Border Roundtable, the Environmental Health Coalition for guiding the fact-finding tour, as well as Vermont Law School for providing resources, including work-study funding for research assistants, in the preparation of this report. The Subcommittee is also appreciative of the work of many border community activists, including Jose Bravo, Richard Moore, EPA employees Wendy Graham and Alan Hecht, and many others, without whose help the Roundtable would not have become a reality. We also had the assistance of law students David Pocius, Michael O’Brien, Arati Tripathi, Michelle Gulley, Jeremy Hojnicki, Yadirka Diaz, Marc Majors, Heather Spurlock, Andrea Silberman, Jason Perkey, Thomas Roddy Hughes, Valerie Diden, David Singer, and Jennifer DeLyon in the preparation of this report. Tetra Tech, Inc., also provided assistance with the recording of the Roundtable sessions and preparation of the report. Former and current Subcommittee members Arnoldo Garcia, Caroline Hotaling, Alberto Saldamando, Dianne Wilkins, Cesar Luna, and Tseming Yang were involved in the drafting and editing of this report. In addition, the NEJAC thanks the EPA Region VI Office of Environmental Justice for their contribution of the picture on the cover of this report. Please note: Though every effort was made to identify and correctly spell the names of everyone involved, there may be some unavoidable errors in the report and appendices. We apologize for those inadvertent errors. DISCLAIMER This Report and recommendations have been written as part of the activities of the National Environmental Justice Advisory Council, a public advis ory committee providing independent advice and recommendations on the issue of environmental justice to the Administrator and other officials of the United States Environmental Protection Agency (EPA). This report has not been reviewed for approval by the EPA, and hence, its contents and recommendations do not necessarily represent the views and the policies of the Agency, nor of other agencies in the Executive Branch of the federal government. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL May 5, 2003 Administrator Christine Todd Whitman U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20004 Dear Administrator Whitman, On behalf of the National Environmental Justice Advisory Council, I am pleased to be able to forward to you Unheard Voices from the Border: A Report on Environmental Justice in the U.S.-Mexico Border Region From the Past to the Future (Border Environmental Justice Report). As you may know, the International Subcommittee of the NEJAC has worked with the Office of International Affairs on U.S.-Mexico border environmental justice issues for a number of years. In 1999, the NEJAC International Subcommittee, along with EPA program offices and regions (e.g., OIA, OSWER, OECA, OEJ, Region 6 and Region 9) sponsored the International Roundtable on Environmental Justice at the U.S.-Mexico Border in National City, CA. The International Roundtable was a historical meeting which brought together community activists, federal, state and local government representatives, and others for a discussion about the border environment and the communities living there. The Report provides a historical and present-day overview of environmental justice in the U.S.-Mexico Border Region. It reviews how race, poverty, and the international border have affected communities and the management of the shared border environment. It also details the diverse set of specific environmental justice issues, ranging from pollution, toxics, and public health matters to labor justice, immigration, indigenous peoples, and language matters, that were raised by the participants of the International Roundtable. Finally, the Report also draws conclusions and provides proposals for further agency actions that will improve the Agency’s response to environmental justice problems. The Report appendices also contain a detailed summary of the proceedings of the International Roundtable on Environmental Justice. The Report is a valuable contribution to a better understanding of environmental justice at the U.S.-Mexico border. Its content and conclusions will be important to EPA’s continuing work on the border environment, especially its binational planning efforts with Mexico on the Border 2012 Plan. For these reasons, the NEJAC urges EPA to carefully consider the content and conclusions of the Report for implementation in further agency activities. A Federal Advisory Committee to the U.S. Environmental Protection Agency NEJAC Border EJ Report Page 2 In particular, the NEJAC recommends that EPA: 1. Improve Public Participation Processes by building community capacity and promoting reform of U.S., Mexican, and international institutions, including the North American Commission for Environmental Cooperation, and agencies such that community input is better taken account in programmatic priorities. 2. Broaden environmental protection programs at the border beyond water infrastructure issues. 3. Strengthen and improve coordination of national and cross-border environmental enforcement efforts. 4. Strengthen tribal government capacity and involvement in programs of the U.S., Mexico, and international border institutions. 5. Improve the incorporation of community voices and environmental justice issues in sustainable development efforts at the border. 6. Continue to address site-specific issues, including illegal hazardous waste sites on both sides of the border; and, 7. Re-visit the border communities’ recommendations made at the Border Roundtable and provide a follow-up report that details EPA’s activities on those community recommendations since EPA’s 30-Day Response to them. The NEJAC is pleased to present this report to you for your review, consideration, response, and action. We believe that these are necessary steps to addressing environmental justice matters at the U.S.-Mexico border. In addition, the NEJAC appreciates any assistance you can provide in processing the recommendations in this report through the Office of International Affairs with consultation as appropriate with Region 9, Region 6, and the Office of Environmental Justice. Sincerely, Veronica Eady, Esq. Acting Chair A Federal Advisory Committee to the U.S. Environmental Protection Agency What is NEJAC? The National Environmental Justice Advisory Council (NEJAC) is a federal advisory committee established by charter on September 30, 1993 ”to provide independent advice and recommendations to the Administrator [of the U.S. Environmental Protection Agency (EPA)] on areas relating to environmental justice.” In accordance with the provisions of the Federal Advisory Committee Act (FACA) of October 16, 1972, 5 U.S.C. App. 2, the NEJAC has only advisory functions, including making recommendations to the Administrator. It does not have the authority to take actions on the advice that it provides to EPA. The NEJAC is made up of 26 members appointed from environmental justice groups; academia; non-governmental organizations; industry; and state, local and tribal governments, who serve on an Executive Council. To facilitate the Executive Council’s operations, six subcommittees exist which focus on issues of air and water, enforcement, health and research, indigenous peoples, international activities, waste and facility siting, and Puerto Rico. Subcommittee posts are filled by NEJAC Executive Council members as well as other individuals. Each subcommittee has a designated federal official (DFO) and is bound by the requirements of the Federal Advisory Committee Act (FACA). Subcommittees meet independently of the Executive Council and present their findings to the Executive Council for review. All subcommittee recommendations must be approved by the Executive Council. Subcommittees cannot make recommendations independently to EPA. The NEJAC International Subcommittee The International Subcommittee studies issues related to environmental justice internationally and provides “independent advice to the Executive Council of the NEJAC and, through the Council, to EPA” on such matters. Some of the areas on which the subcommittee has worked include, but are not limited to: • Promoting cooperative and supportive relationships to ensure environmental justice in international activities; • Increasing awareness of issues related to international environmental justice; • Evaluating the development, implementation, and enforcement of national environmental justice policies and programs by the EPA Office of International Activities (OIA); • Identifying administrative and legislative options to improve international environmental policies, programs, and activities as they relate to environmental justice concerns. Unheard Voices from the Border: A Report on Environmental Justice in the U.S.-Mexico Border Region From the Past to the Future Preface/Cover Letter Executive Summary Introduction 1 I. A Road Map to Environmental