EPA's Nondiscrimination Regulations Apply to All Kentucky Permitting Actions

EPA's Nondiscrimination Regulations Apply to All Kentucky Permitting Actions  

Hi Mr. FitzGerald,

Thanks for your email. In regards to your question on whether a specific program within a state is obligated to comply with Title VI and EPA's implementing regulations even if that program doesn't receive direct assistance from EPA, the answer is yes. All states receive assistance from EPA for one program or another. This automatically defines the state agency (and all of it's programs) as an EPA recipient (see definition of 'Recipient' in Part 7 section 7.25 of EPA's Nondiscrimination Regulations) and obligates EVERY program within that state agency to comply with Title VI and EPA's implementing regulations.

I hope this clarifies it for you. Feel free to contact me by phone or email if you need further clarification or have any more questions. Thank you.

Karen Randolph
U.S. Environmental Protection Agency
Office of Civil Rights
(202) 343-9679

 

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06/13/2006 06:14

To Karen Randolph /DC/USEPA
Subject: Request for Clarification

Hi Karen. I'm writing to request clarification of EPA's policy concerning the extent of a state's obligations under Title VI. If a state receives assistance for one regulatory program, for example, for its waste management program, does the state have to comply with Title VI and EPA's implementing regulations for all of its programs, or is the compliance obligation limited to the program directly receiving assistance.

Thanks in advance for the clarification. I had thought that the agency had suggested the broader interpretation in draft guidance but I could find to mention of it in the recently-finalized Public Involvement Guidelines, nor could I find where the draft guidance had ever been finalized.

Tom FitzGerald
Director
Kentucky Resources Council, Inc.
www.kyrc.org

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