Title VI of the 1964 Civil Rights Act prohibits federal agencies from providing financial assistance to recipients that commit discrimination. The U.S. Environmental Protection Agency's (EPA's) Title VI regulations prohibit both intentional and unintentional discrimination by state and local agencies receiving Agency funds. However, these regulations were written before the question of environmental inequities became a serious public concern and do not explain how the Agency will define or measure adverse disparate impacts that result from a recipient's permitting decisions. In 1998, EPA released its Interim Guidance on Investigating Title VI Administrative Complaints Challenging Permits (Interim Guidance) to address these issues.¹ A wide range of groups criticized the Interim Guidance for using vague definitions, failing to elucidate the crucial term "adverse disparate impact," and not suggesting how recipients might avoid Title VI complaints.

After promising for over two years to revise its policies, finally, on June 27, 2000, EPA published two draft guidances on Title VI in the Federal Register.² First, prepared at the request of state and local officials seeking to [30 ELR 11145] avoid complaints and violations, the Guidance for EPA Assistance Recipients Administering Environmental Permitting Programs (Recipient Guidance) discusses a range of possible approaches to minimize the likelihood that a complaint will be filed against a recipient.³ Second, the Draft Revised Guidance for Investigating Title VI Administrative Complaints Challenging Permits (Revised Investigation Guidance) clarifies how the Agency's Office of Civil Rights (OCR) will process complaints, conduct its investigations, determine whether a permit decision creates unacceptable adverse impacts, and weigh efforts by the recipient to reduce or eliminate adverse disparate impacts.⁴ These guidances deal only with permitting decisions. Later guidances will address other issues, including allegedly disproportionate enforcement.⁵