EPA Legal Tools to Advance Environmental Justice: Cumulative Impacts Addendum
It asserts that the Environmental Protection Agency (EPA) has legal authority to address cumulative impacts affecting communities with environmental justice concerns. It defines cumulative impact as the total combined effects on human health and the environment resulting from exposure to chemical and nonchemical stressors. States should consider whether this constitutes an assertion of authority that exceeds EPA’s authorizing statutes. The document highlights effects on state administration of EPA programs, such as implementation of the Clean Air and Clean Water Acts, and site assessments in the Superfund and Brownfields Programs.
The document also highlights areas where its authors believe EPA’s authority can intersect with and support state efforts to address cumulative impacts. Some areas they suggest are state-level permitting, local zoning and land use, public health initiatives, and tribal consultation. The document offers direct EPA technical support to state and local agencies that could lead to stricter environmental and health standards. State leaders should consider whether this assertion of EPA authority will thereby be used by state agency officials to take actions that exceed their statutory authority.
