U.S. Environmental Protection Agency
Office of Enforcement and Compliance Assurance
ENVIRONMENTAL JUSTICE
ACTION PLAN
For Fiscal Year 2009
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OECA EJAction Plan FY 2009 05/29/08
Table of Contents
OECA EJ PROGRAM NARRATIVE - 1 -
BACKGROUND -1-
MANAGEMENT ACCOUNTABILITY -1-
INTERNAL ORGANIZATIONAL ENGAGEMENT. -2-
EXTERNAL STAKEHOLDER ENGAGEMENT -3-
DATA COLLECTION, MANAGEMENT, AND EVALUATION -4-
PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT. -4-
ENVIRONMENTAL JUSTICE ASSESSMENT -5-
PROGRAMEVALUATION. -5-
OECA ENVIRONMENTAL JUSTICE CONTACTS - 6 -
EJ ACTION PLAN PERFORMANCE MEASURES MATRICES - 8 -
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OECA EJAction Plan FY 2009 05/29/08
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE
ENVIRONMENTAL JUSTICE PROGRAM NARRATIVE
BACKGROUND
This document sets forth the Environmental Protection Agency's (EPA) Office of
Enforcement and Compliance Assurance (OECA) Environmental Justice (EJ) Action
Plan for fiscal year (FY) 2009. OECA administers the Agency's enforcement and
compliance assurance programs. OECA is committed to improving environmental
performance through compliance with environmental requirements, cleanup and
revitalization of contaminated property, prevention of pollution, promotion of
environmental stewardship, and the incorporation of environmental justice across the
spectrum of our programs, policies, and activities. In January 2004, OECA issued its
Environmental Justice Policy requesting the integration of environmental justice
principles into OECA's programs to ensure that no community is disproportionately
placed at risk from environmental and human health threats. The policy articulates
OECA's commitment to integrating EJ as an operating principle throughout OECA's
programs, policies, and activities.
OECA delivers environmental results through a mix of enforcement, compliance
assistance, compliance monitoring and incentive programs. In addition to core program
activities, OECA focuses its efforts on selected national priority areas. After consultation
with different interested groups, OECA national priorities were selected for the
environmental benefits they can deliver, the reduction of risk to human health they can
achieve, and their ability to address broad patterns of non-compliance. Environmental
justice is a required element of each OECA national priority and associated performance-
based implementation strategy.
MANAGEMENT ACCOUNTABILITY
EPA's Office of Environmental Justice (OEJ) administers the Agency's environmental
justice program. OEJ is housed in EPA's Office of Enforcement and Compliance
Assurance (OECA), but its reach is Agency-wide. OEJ's overarching goal is to integrate
environmental justice considerations effectively into all EPA programs, including EPA's
enforcement and compliance assurance programs.
OECA's Principal Deputy Assistant Administrator and Deputy Assistant Administrator
lead the effort to ensure the proper implementation of OECA's EJ Policy. OECA's
Deputy Assistant Administrator is also the Chairperson of the EPA EJ Executive Steering
Committee, which is a cross-Agency group of Deputy Assistant Administrators and
Deputy Regional Administrators that focuses on EJ issues. The EPA EJ Executive
Steering Committee is a vehicle to communicate with, receive input from, and coordinate
approaches with other headquarters and regional offices on EJ issues.
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OECA is organized into eight offices: the Administration and Policy Office (OAP), the
Office of Civil Enforcement (OCE); the Office of Compliance (OC); the Federal
Facilities Enforcement Office (FFEO); the Office of Federal Activities (OF A); the Office
of Site Remediation and Enforcement (OSRE); the Office of Criminal Enforcement,
Forensics, and Training (OCEFT); and the Office of Environmental Justice (OEJ). OEJ's
role is responsible for coordinating the integration of EJ principles Agency-wide. The
integration of EJ principles in OECA programs is coordinated by OAP. All OECA
offices participate in both management and staff level environmental justice coordinating
groups. A list of OECA's Environmental Justice Contacts is presented after this
narrative.
OECA's programs have and will continue to promote the integration of EJ by:
• integrating EJ into OECA's organization infrastructure and providing management
support, operational resources, and program support;
• incorporating EJ concerns and impacts into selection of national enforcement and
compliance assurance priorities, targeting strategies, and OECA's accountability
processes;
• using integrated strategies to enhance the environment and public health in areas
with EJ concerns;
• enhancing data gathering and analysis of EJ activities;
• evaluating and improving data systems to enhance public access to information;
• enhancing outreach to and collaboration with EJ communities and other external
groups;
• considering EJ goals in grants and cooperative agreements;
• enhancing training on EJ issues within OECA and with state and tribal enforcement
and compliance assurance programs; and
• effectively communicating results in the EJ arena.
INTERNAL ORGANIZATIONAL ENGAGEMENT:
In 1993, OECA established the Environmental Justice Coordinating Council (EJCC)
which consists of Environmental Justice (EJ) coordinators from OECA offices. Over the
years, the OECA EJ coordinators have been the primary conduits for incorporation of EJ
principles into OECA's core work. In March 2003, the Principal Deputy Assistant
Administrator established the Environmental Justice Action Council (EJAC), a
management-level group that is responsible for developing strategic approaches and
ensuring that EJ is properly integrated into OECA core programs and national priority
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areas. The EJAC consists of OECA's Deputy Office Directors. The EJAC is chaired by
the Deputy Director of OAP. OAP also coordinates the EJCC via a lead EJ Coordinator
who chairs the EJCC and is responsible for liaison between the EJCC and the EJAC.
This organizational structure promotes the integration of EJ within all OECA offices.
The EJAC works with the EJCC to ensure that every office within OECA determines
how to integrate EJ concepts and considerations into its daily work, and that the sum total
of all the contributions of OECA offices add up to the desired outcomes for the
enforcement and compliance assurance program. In addition, the EJAC and the EJCC
manage cross-cutting EJ issues (such as training for management and staff), produce
OECA's EJ Action Plan, and periodically evaluate progress on the implementation of the
EJ Action Plan.
In addition to the EJAC and the EJCC, OECA relies on its Planning Council to promote
EJ activities. The Planning Council consists of headquarters and regional compliance
assurance senior managers. OECA's Planning Council coordinates the selection of
national priority areas, establishes performance-based strategies for priorities which
include goals, milestones and measures, and develops targets for OECA's commitments
under EPA's Strategic Plan. The Strategy Implementation Teams for the National
Program Priorities ensure that EJ principles are incorporated in their plans.
EXTERNAL STAKEHOLDER ENGAGEMENT:
Various outreach strategies work to facilitate communication between OECA and its
external stakeholders to help ensure their input into OECA activities. For intra-Agency
engagement, the OECA EJ Coordinator is part of a network of EPA EJ Coordinators who
represent all the headquarters and regional offices. This network of national EJ
Coordinators enables constant communication and Agency-wide discussions concerning
various approaches for EJ integration. Approaches taken by other headquarters and
regional offices can then be brought back to OECA and shared with the EJCC and EJAC
for consideration and possible coordination of future activities.
The Federal Interagency Working Group on Environmental Justice (IWG) works to
facilitate communication among federal agencies. OECA is represented by the OAP EJ
Coordinator in the IWG.
With respect to engaging the external stakeholders and the general public, OECA's EJ
Coordinator and others throughout the organization regularly attend conferences,
meetings and other forums aimed at promoting dialogue on and discussion of EJ issues
and enforcement. OECA also utilizes OEJ's list server to publicize EJ newsworthy
issues, program activities, and events.
Furthermore, OECA launched an enhanced effort to enlist the public in identifying
potential civil and criminal violations. OECA's National Report A Violation Web site
allows the public to report possible environmental violations or crimes by completing a
user-friendly report form online. More than a million people a month who visit the
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OECA EJAction Plan FY 2009 05/29/08
Agency's home page (www.epa.gov) have the opportunity to help OECA protect human
health and the environment by reporting environmental problems they see in their
communities. To reach a broader audience, EPA publicizes the availability of the Web
site in both English and Spanish.
DATA COLLECTION, MANAGEMENT, AND EVALUATION
OECA provides pertinent, accurate, up-to-date, user-friendly enforcement and
compliance data that are easily accessible via the Internet.
OECA uses the Integrated Compliance Information System (ICIS) as its core information
management system. ICIS is used for tracking federal enforcement and compliance
activities performed by the EPA headquarters and regional offices. The information in
ICIS is made available to the public through the Enforcement Compliance History Online
(ECHO) system. Input is entered by EPA regional personnel from paper legal
documents, the Case Conclusion Data Sheets (CCDS), and inspection reports. These
documents capture relevant information on results and environmental benefits of
concluded enforcement cases, including pollutant reduction benefits and cases addressing
potential EJ concerns.
ECHO is a Web-based tool that allows the public to ascertain the inspection, violation,
and enforcement histories of all facilities regulated under federal environmental laws
within their community. It empowers the public with the ability to utilize information
about compliance with environmental laws and provides EJ search options and data.
Users may formulate queries based upon minority population percent and detailed
demographic statistics.
In addition, some OECA activities are enhanced by databases and Web sites from other
offices, such as OSWER's Institutional Controls Tracking System (ICTS), a database that
provides information on institutional controls at construction complete Superfund sites,
and "Cleanups In My Community," a Web site that provides information on sites that
have been cleaned up by EPA programs.
PROFESSIONAL AND ORGANIZATIONAL DEVELOPMENT
OECA is committed to ensuring that all OECA personnel have the information and
expertise to identify and address environmental justice issues in their daily work. The
National Enforcement Training Institute (NETI) housed in OECA's Office of
Compliance offers online fundamental EJ training that exposes participants to various
components of EJ and instruction in specific methods to integrate EJ into OECA's
programs. OECA also conducts training activities designed for our state and tribal
partners and provided EJ training as appropriate. New employees are encouraged to take
online the newly developed Web-based training "Introduction to EnvironmentalJustice."
In addition, some offices conduct regular "brown bag" sessions on current EJ topics.
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OECA EJAction Plan FY 2009 05/29/08
Since 2006, OECA has offered its "EnvironmentalJustice Achievement Award." This
award was created with the strong support of the Assistant Administrator and the EJAC
as a mechanism to recognize groups and individuals who take proactive measures to
achieve OECA's environmental justice goals and support and effectively implement
OECA's EJ Policy. The award is part of OECA's Honor Awards annual ceremony and is
awarded to an OECA employee or team of employees who has demonstrated a
commitment to environmental justice principles through a project or activity that (a)
promotes sound environmental justice principles, (b) effectively assesses and addresses a
community's environmental justice concerns; and (c) contributes to the implementation
of OECA'sEJ Policy.
ENVIRONMENTAL JUSTICE ASSESSMENT
OECA utilizes EJ analyses in various aspects of its work through the use of several
available tools which provide sophisticated analytic query options. The Online Targeting
Information System (OTIS) allows users to search for facilities based on enforcement and
compliance status, in conjunction with demographic information such as percent
minority, population density, and low income status. For EJ assessments, OECA also has
available the "Toolkit for Assessing Potential Allegations of Environmental Injustice" (EJ
Toolkit). This tool serves as a reference guide to assist Agency personnel in assessing
potential allegations of environmental injustice and to provide a framework for
understanding national EJ policy.
For the last three years, OECA has been working to create an assessment tool known as
the Environmental Justice Strategic Enforcement Assessment Tool (EJSEAT) to help
identify areas with potential environmental justice concerns. EJSEAT can help OECA
programs to identify areas and facilities with potential environmental justice concerns in
a nationally consistent way based on a combination of federal health, environmental,
compliance, and social demographics criteria, and to incorporate EJ into targeting OECA
activities. In addition, OECA believes the new tool can help more fully integrate
environmental justice into its national priorities, programs, policies, and activities.
OECA has completed internal and external peer review of the EJSEAT, and is currently
engaged in testing it against Regional EJ tools and measures. A test version of the
EJSEAT has been made available in OTIS, but its use is currently restricted to EPA staff
until testing and policy development is completed.
PROGRAM EVAL UA TION
OECA is committed to regularly assessing the effectiveness of our programs. Regular
program evaluation is the best way to assure continuous program improvement and
desired program performance.
In response to the EPA's Office of Inspector General 2006 report entitled EPA Needs to
Conduct Environmental Justice Reviews of Its programs, Policies, and Activities, EPA
recently developed protocols for conducting EJ reviews. The protocols present a more
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OECA EJAction Plan FY 2009 05/29/08
systematic, broader-scale approach to identifying and addressing disproportionate
impacts to human health and the environment. During FY 2009, OECA will perform EJ
reviews in the following activities, policies, and programs following the proposed
timeline.
OECA is proposing to conduct an EJ Review during FY 2009 of the "Lead-based Paint
(LBP) Enforcement Program" which focuses on prevention of lead poisoning through
enforcement of the LBP requirements. The activity, also described in the Section 2
matrix of this plan, follows under EPA Goal 4: "Healthy Communities and Ecosystems,"
and under the National EJ Priority of "Reduction in elevated blood-lead levels." The
effort includes development, supplementation and/or updating tools necessary to support
the national Lead-Based Paint (LBP) enforcement program, in cooperation with the U.S.
Department of Housing and Urban Development, and is managed in the OECA Office of
Civil Enforcement (OCE). The EJ Review will provide an assessment of the
effectiveness of integrating EJ concerns in this enforcement program. The EJ Review
will be coordinated, as appropriate, with regional review activities of the LBP Program.
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OECA ENVIRONMENTAL JUSTICE CONTACTS
(2008)
Office of Administration & Policy
• Mark Badalamente, EJAC *
• Loan Nguyen, EJCC* * (OECA EJ Coordinator)
Federal Facilities Enforcement Office
• Sandra Connors, EJAC
• Joyce Olin, EJCC
Office of Compliance
• David Hindin, EJAC
• Alice Minis, EJCC
Office of Criminal Enforcement, Forensics and Training
• Ellen Stough, EJAC
• Kenda Layne, EJCC
Office of Environmental Justice
• Heather Case, EJAC
• Danny Gogal, EJCC
Office of Federal Activities
• Kimberly DePaul, EJAC
• Arthur Totten, EJCC
Office of Civil Enforcement
• Randy Hill, EJAC
• Melissa Marshall, EJCC
Office of Site Remediation & Enforcement
• Elliott Gilberg, EJAC
• Carlos Evans, EJCC
* EJAC - Environmental Justice Action Council (OECA Office Deputy Directors)
* * EJCC- Environmental Justice Coordinating Council (OECA Office EJ Coordinators)
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OECA ENVIRONMENTAL JUSICE ACTION PLAN
PERFORMANCE MEASURES MATRICES1
The matrices include activities from the following OECA offices:
Federal Facilities Enforcement Office (FFEO)
Office of Administration and Policy (OAP)
Office of Civil Enforcement (OCE)
Office of Compliance (OC)
Office of Criminal Enforcement, Forensics, and Training (OCEFT)
Office of Federal Activities (OFA)
Office of Site Remediation and Enforcement (OSRE)
1 The Action Plan Performance Measures Section is divided in two matrices:
o Performance Measures Matrix Highlights: This highlights OECA's main comprehensive,
robust, results-oriented EJ activities by including a narrative description of the activity, the
pertinent outputs and outcomes, and the environmental and public health measure.
o Performance Measures Matrix: This identifies the appropriate EJ activities and work of
OECA's offices, and the subsequent outputs and outcomes that address the specific goals and
objectives of the eight national EPA's EJ Priorities.
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OECA EJAction Plan FY 2009 05/29/08
Office of Enforcement and Compliance Assurance
Environmental Justice Action Plan Performance Measures Matrix Highlights
FY2009
Description: Indian Country Enforcement and Compliance Assurance National Priority
OECA has identified Indian Country as one of its national priorities for FY 2008-2010. The priority focuses in working with
federally-recognized Indian tribes to address significant human health and environmental problems associated with drinking water ,
solid waste, and environmental risks in tribal schools (e.g., lead-paint) through capacity building and compliance monitoring. The
Indian Country priority goals are to significantly improve human health and environmental protection in Indian country by focusing
national attention on three key compliance assurance and enforcement issues: (1) drinking water systems; (2) illegal dumping and
solid waste management; and (3) schools.
Goal 5: Compliance & Environmental Stewardship
Objective 1: Ensure Compliance
Also applicable:
EPA Strategic Goals 2, 3, 4: Clean & Safe Water; Land Preservation & Restoration; Healthy Communities & Ecosystems
EPA National EJ Priorities: Clean & Safe Drinking Water, Revitalization of Contaminated Sites; Reduction in Elevated Blood-Lead
Levels
OECA National Priority: Indian Country
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Activities / Resources /
Partners
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Drinking Water Systems
Activities:
provide compliance
assistance to: public water
systems; major monitoring
and reporting
violations/prevent and
address significant non
compliance; and in
partnership with tribal
environmental programs and
utilities
# of compliance assistance
activities provided.
Activities include:
Conduct on-site visits,
conduct sanitary surveys,
mail materials, respond to
inquiries, and provide
trainings/workshops.
# of Sanitary Surveys
conducted
# of compliance or
civil/criminal enforcement
actions taken
# of violations and SNCs
addressed
# of new major
monitoring and reporting
violations
Tribes with improved
understanding of SDWA
monitoring and reporting
requirements.
-# of current PWS SNCs in
Indian country addressed.
-Decrease by 10% the
number of CWS in Indian
country with new
significant violations of
monitoring and reporting
requirements.
% of the population in
Indian country served by
community water systems
will receive drinking water
that meets all applicable
health-based drinking
water standards.
Jonathan Binder
OECA/OC/CASPD
202-564-2516
binder.] onathan(@,epa. gov
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OECA EJAction Plan FY 2009
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Activities / Resources /
Partners
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Reduce threats posed by
illegal dumping in
Indian Country
Activities:
- Conduct investigations
of open dumps
- Take enforcement
actions vs. responsible
parties
- Provide compliance
assistance (e.g., conduct
on-site, mail materials,
respond to inquiries, and
provide
trainings/workshops)
Partner with tribal
environmental
departments to identify
illegal dumps and conduct
investigations
# of civil/criminal
investigations conducted
# of civil/criminal
enforcement actions and
criminal prosecutions
taken
# of compliance assistance
activities, including civil
and criminal enforcement
trainings, provided
Improved understanding
of applicable
environmental
requirements
Improved solid waste
management practices
Improved compliance in
Indian Country: in FY
2009 we expect to
provide 114 tribes with
solid and/or hazardous
waste
compliance/technical
assistance.
# of actions being taken
(post-investigation) by
responsible parties to
clean up or close open
dumps in Indian
Country: in FY08-09,
we expect 20 of these
actions.
Reduce environmental
and public health
threats posed by illegal
dumping in Indian
Country
Jonathan Binder
OECA/OC/CASPD
202-564-2516
binder.ionathan@,epa.gov
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OECA EJAction Plan FY 2009
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Activities / Resources /
Partners
Compliance at Schools in
Indian Country - provide
compliance assistance,
conduct inspections of
BIA/BIE schools, and
respond to violations.
Output
# of compliance assistance
activities provided
# of violations addressed
# of enforcement actions
taken
Applicable Outcome Measure
Short-term
(awareness)
Improved understanding
of environmental
requirements for
schools
Intermediate
(behavior)
# of schools where
violations are addressed
or have no further action
needed.
# of schools that create
effective environmental
management plans.
Long-term
(condition)
# of Ibs of pollutants
reduced, treated, or
eliminated.
Point of Contact
Jonathan Binder
OECA/OC/CASPD
202-564-2516
binder.j onathantgiepa. gov
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Description: RCRA Corrective Action Enforcement Program
By the year 2020, EPA and the authorized states plan to have largely completed the work of implementing final remedies at all
facilities requiring Corrective Action. At the end of 2008, EPA will expand the RCRA Cleanup Baseline to include all 3,746 facilities
expected to need corrective action. In total, the 2020 Universe contains a wide variety of sites. Some properties are heavily
contaminated. Others were contaminated but have since been cleaned up. Still others have not been fully investigated yet, and may
require little or no remediation.
EPA's RCRA Corrective Action enforcement program is designed to use enforcement as one tool to ensure that facilities included in
the 2020 Universe meet applicable corrective action requirements.
Goal 3: Land Preservation and Restoration
Objective 1: Revitalization of brown fields and contaminated sites2
2 Strategic Targets for the assessment and clean up of brownfields are included under Goal 4 of EPA's Strategic Plan. However, because the EJ priority is
brownfields and contaminated sites, for the purposes of the EJ Action Plans it is more relevant under Goal 3.
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Activities / Resources /
Partners
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Ensure regions and states
use EJ as a criterion in
enforcing RCRA
corrective action
requirements to meet
RCRA 2020 goals.
Develop enforcement
strategy, in consultation
with OSWER and
ASTSWMO, to meet 2020
goals.
TBD, but could include:
- Explore pi lotting the use of
the EJ SEAT tool or other
screening tool
- Complete RCRA corrective
action enforcement strategy
- Identify facilities within
RCRA 2020 universe in EJ
areas of concern
- Improved understanding
of RCRA corrective action
requirements in potential
EJ areas of concern
- Increase in facilities
taking action to comply
with RCRA CA.
- Increase in # of facilities
in potential EJ areas of
concern that meet
applicable RCRA CA reqs.
-# of facilities in potential
EJ areas which are Ready
for Anticipated Use
Carlos Evans
OSRE
202-564-6331
evans.carlos(g),epa.gov
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Office of Enforcement and Compliance Assurance
Environmental Justice Action Plan Performance Measures Matrix3
FY2009
Goal 1: Clean Air and Global Climate Change
Objective 1: Reduction in number of asthma attacks (e.g., reduce asthma triggers such as particulate matter)
Activities
Output
Applicable Outcome Measure4
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Monitor, implement and
support Supplemental
Environmental Projects
(SEPs) and woodstove
change-out projects that
reduce particulate matter
(PM) emissions from
wood heating appliances in
low-income households
and communities
Negotiate Supplemental
Environmental Projects to
replace old wood stoves
with new EPA certified
wood stoves in low-
income households
Provide literature to
facilitate wood stove
change-out projects
conducted by non-profit
organizations, state
governments, and local
agencies
Encourage replacement
of old wood stoves in
low-income households
by distributing wood
stove emissions and
efficiency literature to:
1. Low-Income Heating
and Energy Assistance
Program (LfflEAP)
providers and;
2. state and local parties
interested in conducting
wood stove change-out
projects
Implement alternative
thermal efficiency test
method for wood-
heating appliances to
encourage state energy
assistance providers to
replace old wood stoves
as part of the energy
assistance services they
provide to low income
households
Permanently reduce PM
emissions (tons) in low-
income households &
communities
# of old wood stoves
replaced with new EPA
certified wood stoves in
low-income households
Mamie Miller, Chief
OC/CAMPD/ACB
202-564-7011
miller.mamie(@.epa. gov
John DuPree
OC/CAMPD/ACB
202-564-5950
dupree.iohn(@,epa.gov
3 In the matrix, "Goals" refer to the goals in EPA's Strategic Plan and "Objectives" refer to the eight national EPA's EJ Priorities identified in EPA's
Administrator memorandum of November 4, 2005.
All three outcomes may not apply for every activity.
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Office of Enforcement and Compliance Assurance
Environmental Justice Action Plan Performance Measures Matrix
FY2009
Goal 2: Clean and Safe Water
Objective 2: Clean and safe drinking water
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Implement the compliance
monitoring strategy for the
National Pollutant
Discharge Elimination
System (NPDES) program
to focus inspections on
facilities, both majors and
non-majors dischargers
that are or have the
potential to affect
attainment of water quality
standards on areas where
pollution is worst
Currently evaluating
options for using EJSEAT
to target and assess results
of NPDES inspection
activities in areas where
water quality impairment
has been identified
# of inspections
conducted and
enforcement actions
initiated in EJ areas.
Pounds of pollutants
reduced from
enforcement actions
initiated.
Rick Duffy
OC/CAMPD
202-564-5014
duffv. rick@,epa. gov
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Office of Enforcement and Compliance Assurance
Environmental Justice Action Plan Performance Measures Matrix
FY2009
Goal 3: Land Preservation and Restoration
Objective 1: Revitalization of brown fields and contaminated sites5
Activities
Support completion of
negotiation of Federal
Facility Agreements
(FFAs) for federal facility
sites listed on the National
Priority List (NPL) to
assure cleanup and ultimate
reuse of contaminated
federal facility sites that
may be impacting areas
with EJ concerns
Use EJSEAT (or a similar
tool) to ensure regions and
states use EJ as a criterion
in implementing the
Corrective Action Smart
Enforcement Strategy
(CASES) and any other
enforcement strategy used
to meet RCRA's 2020
goals
Output
By the end of FY 2009, all
the remaining 17 NPL sites
on federal facilities will
have completed FFAs
Pilot the use of EJSEAT in
meeting RCRA corrective
action goals for FY 2009
(e.g., human exposures
controlled and construction
completion) by targeting or
monitoring facilities under
CASES
Applicable Outcome Measure
Short-term
(awareness)
N/A
Increase OSRE's
working knowledge of
the tool to begin
analyzing how it could
be used to implement
CASES
Intermediate
(behavior)
# of completed
agreements signed by
facility, state, and EPA
at NPL sites that contain
provisions for
community involvement
Increase use of the tool
through a methodology
that confirms
appropriate OSRE
targeting and monitoring
of RCRA corrective
action facilities.
Long-term
(condition)
N/A
Increase in number of
RCRA corrective action
facilities in identified
potential environmental
justice areas of concern
that meet applicable
RCRA corrective action
requirements
Point of Contact
Sally Dalzell
OC/FFEO
202-564-2583
dalzell.sally(@,epa.gov
Carlos Evans
OSRE
202-564-6331;
evans.carlos(@,epa. gov
5 Strategic Targets for the assessment and clean up of brownfields are included under Goal 4 of EPA's Strategic Plan. However, because the EJ priority is
brownfields and contaminated sites, for the purposes of the EJ Action Plans it is more relevant under Goal 3.
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Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Require 1C Implementation
and Assurance Plans
(ICIAP) at Superfund
remedial sites in EJ areas
that, among others things,
provide for effective
community
involvement/public
participation in the
implementation,
monitoring and
maintenance of ICs.
(Note: Model RD/RA
Consent Decree is
currently being revised to
include the ICIAP
requirement and OSRTI is
finalizing the development
of detailed ICIAP
guidance. Both are
expected to be complete by
end of FY 2008.)
All negotiated settlements
for remedial actions that
require ICs will use the
OSRE model provisions
regarding preparation of an
ICIAP that include
effective public
participation
Increase the awareness
and importance of EJ
through effective public
participation in the
implementation and
monitoring of ICs at
enforcement-lead sites.
Increase the effective
implementation and
monitoring of ICs, and
increase the
protectiveness of
remedies at sites in EJ
areas
N/A
Increase the number of
sites in EJ areas with
ICIAPs that include
community involvement
and public participation
in the implementation,
monitoring, and
maintenance of ICs
Greg Sullivan
OSRE
202-564-1298;
sullivan. gre g(@,epa. gov
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OECA EJAction Plan FY 2009
05/29/08
Office of Enforcement and Compliance Assurance
Environmental Justice Action Plan Performance Measures Matrix
FY2009
Goal 4: Healthy Communities and Ecosystems
Objective 1: Reduction in elevated blood-lead levels
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Earth Conservation Corps
(ECQ/EPA Lead-Based
Paint Project
Complete lead worker
training for ECC students
Outreach materials about
lead paint hazards
distributed to the
Anacostia-area residents.
Track ECC students who
use this project experience
as career path in lead paint
renovation, abatement
work
Increased awareness of
lead paint hazards and
(elevated blood-lead
levels) EBL's in
children.
Inspections performed
by ECC students to
identify lead-based
hazards in local
communities
Community concerns
prompt actions directed
at reducing lead paint
hazards
Reduced # of dwelling
units and common areas
(such as playgrounds)
with lead paint hazards
John Mason
OC/CASPD
202-564-7047
masonj ohnfg.epa. gov
GlenO'Gilvie
ECC
Development,
supplementation and/or
updating tools necessary to
support the national Lead-
Based Paint (LBP)
enforcement program, in
cooperation with the U.S.
Department of Housing
and Urban Development
Number of lead-based
paint inspections
conducted.
Number of enforcement
actions taken (Consent
Agreements and Final
Orders; Consent Decrees;
Administrative Orders;
Notices of Violation)
TBD
TBD
Number of living units
impacted.
Don Lott,
Assoc. Div. Director
OCE/WCED
202-564-2652
lott.don(@,epa.gov
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OECA EJAction Plan FY 2009
05/29/08
Activities
Conduct EJ Review of
OCE's Lead-based Paint
enforcement program.
Output
Completed assessment of
the effectiveness of
integrating EJ concerns in
this enforcement program.
Applicable Outcome Measure
Short-term
(awareness)
N/A
Intermediate
(behavior)
Identification of
opportunities to further
enhance integration of
EJ into the Lead-based
paint enforcement
program.
Long-term
(condition)
N/A
Point of Contact
Don Lott
Assoc. Div. Director
OCE/WCED
202-564-2652
lottdontgiepa.gov
Melissa Marshall
Senior Counsel
OCE/IO
564-7971
marshall. melissafg.epa.
gov
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OECA EJAction Plan FY 2009
05/29/08
Office of Enforcement and Compliance Assurance
Environmental Justice Action Plan Performance Measures Matrix
FY2009
Goal 5: Compliance and Environmental Stewardship
Objective 1: Ensure Compliance
Activities
Increase the number of
EPA Inspectors trained to
be aware of environmental
justice policy goals; be
familiar with and
responsive to community
characteristics including
population vulnerability; to
recognize and act on
significant health and
safety issues; and to be
sensitive to the need to
cumulative risk
Output
Hold EJ sessions on these
topics at the 2009
National EPA Inspector
Workshop. Post materials
on the Inspector Web site
Applicable Outcome Measure
Short-term
(awareness)
Increase EPA inspectors
awareness of EJ
activities
Intermediate
(behavior)
N/A
Long-term
(condition)
Regional managers and
inspectors incorporate
EJ considerations into
where and how they
inspect based on their
increased understanding
from these sessions
Point of Contact
Phyllis Flaherty, Chief
OC/NCMPB/CAMPD
202-564-4131
flaherty.phyllis(@,epa.g
ov
Iliana Tamacas,
OC/NCMPB/CAMPD
281-983-2113
tamacas.iliana(g),epa. go
V
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OECA EJAction Plan FY 2009
05/29/08
Activities
Issue credentials to tribal
inspectors in accordance
with the "Process for
Requesting EPA
Credentials for State/Tribal
inspectors Conducting
Inspections on EPA's
Behalf" that was finalized
on 05/05/08
Improve drinking water at
public water systems
(PWSs) in Indian country
by:
- Conducting compliance
assistance (CA) visits;
- Conducting sanitary
surveys;
- Mailing of CA materials;
- Taking compliance and
enforcement actions to
address violations and
SNCs (significant non-
compliance)
Output
Credentialed inspectors on
tribal lands
# of CA Visits completed
# of CA mailings to PWSs
in 1C
# of Sanitary Surveys
conducted
# of compliance or enf .
actions taken
# of violations and SNCs
addressed
Applicable Outcome Measure
Short-term
(awareness)
# Inspector credentials
issued to tribal
inspectors representing
# of tribal organizations
under # EPA statutes
Tribes improved
understanding of
SDWA monitoring and
reporting (M&R)
requirements
Intermediate
(behavior)
Improved
environmental
management practices
Deficiencies corrected
as a result of CA and
sanitary surveys
Decrease in # of SNCs
at PWSs in Indian
Country
Decrease in the # of
PWSs in Indian Country
with M&R violations
Long-term
(condition)
Increase the field
presence of trained,
credentialed inspectors
on tribal lands
Improved compliance at
PWSs in Indian Country
Increase populations
having access to safe
drinking water in Indian
Country
Point of Contact
Phyllis Flaherty
OC/CAMPD/NCMPB
202-564-4131
flaherty.phyllis(@,epa.g
ov
Julie Tankersley
OC/CAMPD/NCMPB
202-564-7002
tankerslev . julie @epa. g
ov
Jonathan Binder
OC/CASPD
202-564-2516
binder. Jonathan(@,epa. g
ov
[OECA -will measure
these activities by asking
the individuals and
groups -who receive
compliance assistance to
respond at the time to
questions and surveys and
through subsequent (post-
activity) follow-up
questions.]
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OECA EJAction Plan FY 2009
05/29/08
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Reduce threats posed by
illegal dumping in Indian
country by:
- Conducting
investigations of open
dumps;
- Taking enforcement
actions vs. responsible
parties;
- Providing compliance
assistance and technical
assistance;
- Conducting CA visits;
- Assisting tribes in
development of solid
waste management plans
# of investigations
conducted
# of enforcement actions
taken
# of CA Visits
# of CA mailings to tribes
w/open dumps
# of solid waste
management plans
developed
Improved understanding
of RCRA requirements
Improved solid waste
management practices
Decrease in the # of
illegal dumps in Indian
Country
# of open dumps
cleaned or closed in
Indian Country
Improved RCRA
Subtitle D compliance
in Indian Country
Jonathan Binder
OC/CASPD
202-564-2516
binder. Jonathan(g),epa. g
ov
[OECA -will measure
these activities by asking
the individuals and
groups who receive
compliance assistance to
respond at the time to
questions and surveys and
through subsequent (post-
activity) follow-up
questions.]
Improve environmental
compliance at schools in
Indian country by:
- Providing compliance
assistance to 100% of
schools;
- Conducting inspections
in Bureau of Indian Affairs
(BIA) schools and high
priority non-BIA schools;
- Responding to violations
where non-compliance is
identified
# of CA Visits completed
# of CA mailings to
schools and tribal
education departments in
1C
# of violations addressed
# of enforcement actions
taken
Improved understanding
of environmental
requirements for schools
Improved
environmental
management practices
Decrease in the number
of BIA schools with
violations
# of schools where
violations have been
addressed or no further
action needed
Improved compliance at
schools in 1C
Jonathan Binder
OC/CASPD
202-564-2516
binder. Jonathan@,epa. g
ov
[OECA will measure
these activities by asking
the individuals and
groups who receive
compliance assistance to
respond at the time to
questions and surveys and
through subsequent (post-
activity) follow-up
questions.]
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OECA EJAction Plan FY 2009
05/29/08
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Conduct a Pesticide
Inspector Residential
Training (PIRT) session
for Tribal Inspectors
# of tribal participants in
the training session
# of Tribal inspectors
with increased
understanding of the
worker protection
standards
Amar Singh
OC/
202-564-4161
singh. amar(@,epa. gov
Make available and
distribute compliance
materials for small,
minority and non-English
speaking farmers and farm
workers
# of hits to the Web page
# of fact sheets and # of
foreign-language materials
distributed
Increased understanding
of requirements by
small, minority and non-
English speaking
farmers and farm
workers
Carol Galloway
OC/
915-551-5092
galloway.carolfgjepa. gov
Implement the National
Enforcement Training
Institute (NETI) tribal
training strategy to
increase training provided
to tribes:
- Distribute course catalog
to tribal organizations
- Deliver monthly training
schedule ("training
Times") to Regional
Indian Program Managers
- Deliver training to tribal
participants
# of training catalogs
distributed by 3/1/09
Monthly distribution of
"Training Times" to ten
Regional Indian Program
Managers.
By September 30, 2009,
deliver 1 course to tribal
participants
# of tribal participants
attending training
# of tribal
environmental
organizations who
received information
about training courses
available and availed
themselves to the
training.
% (#) of attendees who
completed an evaluation
form and rated the
training as useful.
# of tribal attendees who
attended NETI training
after receiving course
information.
% of tribal attendees
who reported will
perform a better job as a
result of the training
Jeff Lightner
OC/NETI-West
303-236-6791
lightner.ieff@,epa.gov
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OECA EJAction Plan FY 2009
05/29/08
Activities
Maintain the EJSEAT data
set and query and reporting
capability in the Online
Targeting Information
System (OTIS)
Output
Operation and
maintenance of querying
and reporting tool
Technical assistance to
programs with use of
EJSEAT
Applicable Outcome Measure
Short-term
(awareness)
Increase in
understanding of
EJSEAT and its use as a
tool in the compliance
and enforcement
program
Intermediate
(behavior)
Long-term
(condition)
Ability to identify
environmental results of
work performed in EJ
areas of concern
Point of Contact
Andrew Schulman
OC/ETDD
202-564-5244
schulman. andrew@,epa.
gov
-25-
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OECA EJAction Plan FY 2009
05/29/08
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Utilize the Environmental
Justice Strategic
Enforcement Assessment
Tool(EJSEAT)ora
similar, nationally
consistent screening tool,
to map areas with potential
environmental justice
concerns pertaining to
OECA's National
Priorities where
appropriate
Wet Weather Priority:
Combined Sewer Overflow
(CSOs) Strategy
Wet Weather Priority:
Stormwater Strategy
Wet Weather Priority:
Concentrated Animal Feeding
Operations (CAFOs) Strategy
Wet Weather Priority:
Sanitary Sewer Overflows
(SSOs) Strategy
Air Toxics Strategy
New Source Review -
Prevention of Significant
Deterioration (NSR-PSD)
Mineral Processing
Priority/Strategy
Tribal Strategy
Financial Assurance Strategy
# of pilot projects initiated
to target activities in
geographic areas of
potential environmental
justice concern
# of pilot projects initiated
to identify, retrospectively,
benefits achieved in
geographic areas of
potential environmental
justice concern
# of SIT initiatives
incorporating EJSEAT
tool to target national
priority activities in
areas with EJ concerns
N/A
Amount of
contaminants reduced or
eliminated as a result of
actions taken to address
EJ concerns
(Ibs/gallons/ volume of
medium)
Christopher Knopes
OC/NPMA
202-564-2337
knopes.christopher(@,ep
a.gov
Andrew Schulman
OC/ETDD
202-564-5244
schulman. andrew(@,epa.
gov
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OECA EJAction Plan FY 2009
05/29/08
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
NATIONAL
ENFORCEMENT AND
COMPLIANCE
ASSURANCE
PRIORITY:
Financial Assurance
Strategy
NOTE: This national
enforcement priority has
EJ as a component in the
development of its
performance-based
strategy. In FY 2008,
when EJSEAT is available,
the Strategy
Implementation Team
(SIT) will assess how to
incorporate the use of the
tool into its strategy.
Written section on
Strategy Implementation
Plan that describes the way
the EJSEAT will be
incorporated
# of priority activities in
potential environmental
justice areas of concern as
measured using EJSEAT
or other appropriate
technology
N/A
N/A
Increased financial
assurance in potential
environmental justice
areas of concern as
measured by the number
of RCRA Corrective
Action and CERCLA
sites that are in
compliance or on path
to compliance.
Carlos Evans
OSRE
202-564-6331
evans.carlos@,epa. gov
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OECA EJAction Plan FY 2009
05/29/08
Activities
Review and comment on
federal Environmental
Impact Statements (EISs)
and make these publicly
available. EPA comments
underscore environmental
impacts including EJ
concerns associated with
proposed actions of
Federal agencies.
Output
Incorporate EJ principles
in Section 309 Reviews to
help fed agencies address
EJ issues in EISs and
associated mitigation plans
Applicable Outcome Measure
Short-term
(awareness)
Section 309 reviewers
are better able to
identify, assess, and
address, EJ issues in
the NEPA review
process
Intermediate
(behavior)
% of EISs with potential
EJ issues that
documented efforts to
involve communities
with EJ concerns in the
development of EISs
and the decision-making
process. [Evidenced in
Final EIS. GPRAused
to measure progress]
Long-term
(condition)
% of EISs that EPA
raised concerns about
involvement of
communities with EJ
concerns in the EIS
development process
where the lead agency
modified the public
participation process
(outreach / document
translation) that
promoted increased
involvement of
communities with EJ
concerns in the EIS
development process.
[Reflected in Final EIS.
GPRA used to measure
progress.]
Point of Contact
Arthur Totten
OFA
202-564-7164
totten.arthur(@,epa.gov
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OECA EJAction Plan FY 2009
05/29/08
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Utilize NEPAssist, the EJ
Geographic Assessment
Tool and the
Environmental Justice
Smart Enforcement
Assessment Tool
(EJSEAT), as appropriate,
for consistent methodology
in EJ analyses to identify
areas with potential EJ
concerns in NEPA
compliance reviews of
EPA actions.
Incorporate EJ principles
in EPA's preparation of
NEPA documents
90% of new EPA draft
EISs have adequately
identified communities
with EJ concerns with
which to engage so that
these communities have
an opportunity to
participate in the NEPA
process. [Reflected in
draft EISs].
100% of new EPA draft
EISs have adequately
identified communities
with EJ concerns with
which to engage so that
these communities have
an opportunity to
participate in the NEPA
process. [Reflected in
draft EISs]
EPA is able to
consistently identify and
engage communities
with EJ concerns.
[Reflected in final EISs]
Arthur Totten, OFA
202-564-7164
totten.arthur@,epa. gov
Review practice of
identifying and
commenting on federal
agency compliance with
E.G. 12898 in Section 309
Reviews.
Develop Baseline Report
on EIS/EJ compliance.
*ByendofFY09
evaluate: (1) the status of
federal agency compliance
with E.G. 12898; (2) the
status of Section 309
Review comments on
agency compliance with
E.G.12898
Awareness of need to
provide consistency and
accountability in EJ
analyses.
Improved identification,
analysis and mitigation
of EJ-related
environmental impacts
in communities with EJ
concerns. [Reflected in
Final EIS. GPRAused
to measure progress.]
% of EISs with potential
EJ-related
environmental impacts
that were addressed as a
result of concerns that
were identified during
the EIS review process.
[Reflected in Final EIS.
GPRA used to measure
progress]
Arthur Totten
OFA
202-564-7164
totten.arthur(@,epa. gov
-29-
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OECA EJAction Plan FY 2009
05/29/08
Office of Enforcement and Compliance Assurance
Environmental Justice Action Plan Performance Measures Matrix
FY2009
Cross-Cutting Strategies:
Objective: Collaborative problem-solving to address environmental justice issues
Activities
Enhance collaborative
efforts with the external
law enforcement agencies
and professional
organizations servicing the
law enforcement
community
Continue active
participation and
interaction in the EPA
Environmental Justice
Coordinating Council
(EJCC)
Output
Deliver training on EJ
principles for members of
local, state and federal law
enforcement agencies and
professional organizations
servicing the law
enforcement community
Participate in EJCC
meetings, workshops, and
discussions. Provide
pertinent office insight and
perspective on policies
relative to EJ integration
Applicable Outcome Measure
Short-term
(awareness)
Increase the number of
external law
enforcement officers
who are aware of the
EPA commitment to
environmental justice
and are trained to
integrate EJ principles
for use in their daily
decisions and
responsibilities by the
end of FY 09
Ensure the CID agents
are aware of the case
opening criteria that
requires screening for
EJ factors in all cases
Intermediate
(behavior)
Increase the number of
law enforcement
personnel who have a
greater understanding of
environmental crime in
communities with EJ
indicators, and include
principles of EJ in their
agency's investigative
and enforcement
strategies
Monitor case conclusion
data sheets to track EJ
screening criteria is
occurring per OCEFT
management directive
Long-term
(condition)
Achieve a yearly
reduction of
environmental crime in
communities with EJ
indicators
Achieve a yearly
reduction of
environmental crime in
communities with EJ
indicators
Point of Contact
Barbara Foreman
OCEFT
202-564-6005
foreman.barbara(@,epa.
gov
Barbara Foreman
OCEFT
202-564-6005
foreman.barbara@,epa.
gov
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OECA EJAction Plan FY 2009
05/29/08
Activities
Output
Applicable Outcome Measure
Short-term
(awareness)
Intermediate
(behavior)
Long-term
(condition)
Point of Contact
Continue OSRE EJ
Coordinator review of new
policy and guidance
documents
For new policy and
guidance documents, EJ
Coordinator should be
among the first reviewers
of the document. "EJ
Coordination" box on
concurrence memo should
be checked off by OSRE
staff before sending
document to management
% of OSRE policy and
guidance documents
sent to the OSRE EJ
Coordinator for review
Increased consideration
of EJ issues when
developing new policy
and guidance documents
% of OSRE policy and
guidance documents
that considered and
possibly incorporated EJ
Carlos Evans
OSRE
202-564-6331
evans.carlos@,epa. gov
issues
Develop a method of
assessing and
communicating potential
EJ benefits associated with
enforcement
Completion of the
development of a method
of assessing and
communicating potential
EJ benefits associated with
enforcement
N/A
N/A
N/A
Melissa Marshall
Senior Counsel
OCE/IO
564-7971
marshall. melissa(g),epa.
gov
Provide consultation on
EJSEAT development and
EJ reviews to the OECA
Planning Council, the
Strategy Implementation
Teams (SITs) for the
National Program
Priorities, and OECA
offices (as requested)
Ongoing participation in
OECA Planning Council
meetings to stay up to date
on progress reports from
the National Priorities
Strategy Teams and
provide requested
assistance
Ensure that potential EJ
concerns are identified
and addressed and
integrated into OECA
policies and
implementation of
National Program
Priorities and OECA
core program activities
Assist the SITs to
develop an EJ
component into the
implementation
strategies for the
National Priorities
Assist the OECA offices
to develop and conduct
EJ reviews for the
selected activities,
policies, or programs
N/A
Rey Rivera
OAP/PLCD
202-564-1491
rivera.reiniero(@,epa.go
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