ENERGY AND ENVIRONMENT

U.S. EPA’S INTERIM GUIDANCE FOR INVESTIGATING TITLE VI ADMINISTRATIVE COMPLAINTS

WHEREAS, The President adopted Executive Order 12898 affirming this nation’s commitment to environmental justice in every community across this nation; and

WHEREAS, it is self evident that minority, economically disadvantaged, and urban communities must share in the improved environmental quality and economic prosperity of our nation; and

WHEREAS, the United States Environmental Protection Agency (U.S. EPA, or Agency) has issued interim guidance intended to provide a framework to address environmental justice complaints filed under Title VI of the Civil Rights Act of 1964 (as amended); and

WHEREAS, the U.S. EPA’s interim guidance addresses the permitting process for industries and businesses located in urban areas and those who desire to relocate or expand in urban areas; and

WHEREAS, the U.S. EPA’s interim guidance can be applied to industries who are in compliance with existing laws, statutes and regulations and such compliance "will not ordinarily be considered a substantial, legitimate justification" for issuance of a permit when a Title VI complaint has been filed; and

WHEREAS, the U.S. EPA’s interim guidance imposes additional and complex procedures and processes on the permitting process without providing clear standards for those seeking permits or clear expectations for environmental improvements which may be sought by the community; and

WHEREAS, The U.S. Conference of Mayors believes that federal environmental policy should not have the effect of shifting permit decision-making from local governments to the federal government; and

WHEREAS, the U.S. EPA’s interim guidance increases the complexity of renewing or obtaining permits in urban and suburban areas, running counter to the Conference’s and the Administration’s stated policies of encouraging urban revitalization, retention of existing businesses and brownfield redevelopment,

NOW, THEREFORE, BE IT RESOLVED that The U.S. Conference of Mayors reaffirms its commitment to the fair and equitable application of environmental laws to all citizens; and

BE IT FURTHER RESOLVED that The U.S. Conference of Mayors urges the U.S. EPA to work with and seek input from local governments to avoid any policy that has the effect of shifting permit decision-making from local government to the federal government and imposing further requirements on local decision makers without adequate resources; and

BE IT FURTHER RESOLVED that The U.S. Conference of Mayors urges the U.S. EPA to suspend its current interim guidance with respect to Title VI administrative complaints and to develop and implement new guidance, based on dialogue with The U.S. Conference of Mayors and other stakeholders, that embraces the following principles:

• Agency policy or guidance must have a clear basis in regulation or statute and avoid extending beyond the jurisdiction of the U.S. EPA and local environmental agencies;

• U.S. EPA policy or guidance must work to address and resolve conflicts with other laws, programs, and policies, including, but not limited to: local zoning laws, brownfield redevelopment programs, urban revitalization efforts, greenfield preservation efforts, sustainable development activities, and pristine area designations under the Clean Air Act and other environmental statutes;
• Agency policy or guidance must provide adequate and definite time frames and appropriate thresholds for accepting administrative complaints and avoid creating unnecessary delays in the environmental permitting process; and
• Agency guidance or policy must adopt definitions, standards, and methodologies (including methodologies used to assess cumulative exposure and human health risks) that are precise, based on sound, peer-reviewed science, and provide a high degree of certainty in decision-making outcomes.