&EPA
    United States
    Environmental Protection
    Agency
Plan El 2014
    Incorporating
Environmental Justice
  Into Rulemaking
                            Plan EJ 2014 is EPA's roadmap for
                            integrating environmental justice into
                            its programs and policies.

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                &EPA
INCORPORATING ENVIRONMENTAL JUSTICE
             INTO RULEMAKING

               Implementation Plan
                  September 2011

                      Led by
         Office of Chemical Safety and Pollution Prevention,
        Office of Policy, Office of Research and Development,
           Office of Environmental Justice, and Region 9

              U.S. Environmental Protection Agency
                 Washington, D.C. 20460

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                                              PLAN EJ 2014 AT A GLANCE

                                Plan EJ 2014 is the U.S. Environmental Protection Agency (EPA)'s
                                roadmap to integrating environmental justice into its programs and policies.
                                The year marks the 20th anniversary of the signing of Executive Order
                                12898 on environmental justice. Plan EJ 2014 seeks to:

                                       Protect the environment and health in overburdened communities.
                                   -   Empower communities to take action to improve their health and
                                       environment.
                                       Establish partnerships with local, state, tribal, and federal
                                       governments and organizations to achieve healthy and sustainable
                                       communities.
                                As the EPA's overarching environmental justice strategy, Plan EJ 2014 has
                                three major sections: Cross-Agency Focus Areas, Tools Development
                                Areas, and Program Initiatives.
                                The Cross-Agency Focus Areas are:
                                       Incorporating Environmental Justice into Rulemaking.
                                       Considering Environmental Justice in Permitting.
                                       Advancing Environmental  Justice through Compliance and
                                       Enforcement.
                                       Supporting Community-Based Action Programs.
                                       Fostering Administration-Wide Action on Environmental Justice.

                                The Tools Development Areas are:
                                       Science.
                                       Law.
                                       Information.
                                       Resources.

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                        1.0  INTRODUaiON	3
                          1.1 Goals	3
                          1.2 Organizational Structure	4
                        2.0  IMPLEMENTATION	5
                          2.1 Strategies	5
                          2.2 Activities	6
                          2.3 Community Engagement and Stakeholder Outreach	7
                          2.4 Adjustments	8
                        3.0  DELIVERABLES	9
                        4.0  MEASURES	10
                        5.0  REPORTING	10
                        APPENDIX: Acronyms	11

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 Goals At-A-G lance

To more effectively
protect human health and
the environment for
overburdened populations
by developing and
implementing guidance on
incorporating
environmental justice into
EPA's rulemaking
process.
1.0    INTRODUCTION

Dirty air, polluted water, and contaminated land have significant effects on
the health and economic possibilities of the people who live in
overburdened communities.1  Administrator Jackson has called on the U.S.
Environmental Protection Agency (EPA) to develop policies that have a
measurable effect on the health and environment of overburdened
populations and communities. The Interim Guidance on Considering
Environmental Justice During the Development of an Action (Environmental
Justice in Rulemaking Guidance) and the associated development of
technical guidance for rulemaking activities, (Environmental Justice
Technical Guidance), are important tools for answering that call.


1.1 Goals
The goal of this implementation plan is to more effectively protect human
health and the environment for overburdened populations  by developing
and implementing guidance for incorporating  environmental justice into
EPA's rulemaking process.  Specifically, this implementation plan will:
•   Elevate the interim Environmental Justice  in Rulemaking on the
    procedural aspects of environmental justice in rulemaking to final
   status.
•   Establish and commence mechanisms to facilitate and monitor
    implementation by National Program Managers (NPMs) and regional
   offices of the Environmental Justice in  Rulemaking Guidance to
    maximize its effectiveness. NPMs lead the major EPA offices that are
    responsible for  developing regulations protecting air, water, land, and
   ensuring chemical safety.  EPA's regional offices also develop some
    lower tier regulations and, therefore, also need to implement the
   guidance.
•   Develop technical guidance on how to conduct environmental justice
   assessments of rulemaking activities within analytical and decision-
    making frameworks used by EPA to support regulatory development
    (e.g., exposure assessment, benefit-cost analysis).
Successful implementation of this plan will significantly advance the
Agency's commitment to the goals of environmental justice in EPA's
rulemaking work to protect human  health and the environment.
Issuing the Environmental Justice in Rulemaking Guidance as an interim
final document in July 2010 represented a  historic accomplishment,
conveying EPA's commitment to consider environmental justice concerns in
the rulemaking process for the first time in EPA's history. It represents one
of the Agency's most important and publically visible endeavors. The
Environmental Justice in Rulemaking Guidance provides specific, detailed
                              1 In Plan EJ 2014, EPA uses the term "overburdened" to describe the minority, low-income, tribal, and
                              indigenous populations or communities in the United States that potentially experience
                              disproportionate environmental harms and risks as a result of greater vulnerability to environmental
                              hazards. This increased vulnerability may be attributable to an accumulation of both negative and lack
                              of positive environmental, health, economic, or social conditions within these populations or
                              communities.
    Plan EJ 2014: Appendix, Implementation Plans

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                              instructions for steps that should be taken procedurally to fulfill this
                              commitment through EPA's rule writing process, formally known as the
                              Action Development Process (ADP). It provides information to rule writers
                              on when during the ADP to consider environmental justice, as well as the
                              types of questions to ask.  It outlines multiple steps that every EPA program
                              office can take to incorporate the needs of overburdened populations and
                              communities into its decision-making, scientific analysis, and rule
                              development. Complementary to the Environmental Justice in Rulemaking
                              Guidance is the Environmental Justice Technical Guidance. This guidance
                              will provide technical direction to EPA analysts to aid them in incorporating
                              environmental justice into the development of risk assessment, economic
                              analysis, and other scientific input and policy choices during the
                              development of a rule.

                               I  •'
                              Distinct organizational structures are being employed under each goal of
                              this implementation plan:
                              •   Leadership for finalizing the Environmental Justice in Rulemaking
                                  Guidance is being provided by the Office of Chemical Safety and
                                  Pollution Prevention (OCSPP), which has reconvened the Agency-wide
                                  Environmental Justice in Rulemaking Workgroup and its Process
                                  Guidance Subgroup. The final guidance documents developed by the
                                  workgroup, and associated issues requiring senior management
                                  attention, are raised first with the Principals for this effort - the Deputy
                                  Assistant Administrators (DAAs) or Deputy Regional Administrators
                                  (DRAs) for OCSPP, Office of Policy (OP), Office of Enforcement and
                                  Compliance Assurance (OECA), Region 9; and the Associate Assistant
                                  Administrator for Environmental Justice - and then elevated to the
                                  Environmental Justice Committee (EJC) and the Executive Management
                                  Council (EMC) prior to being presented to the Administrator for final
                                  approval.
                              •   An Executive Steering Committee (ESC) comprised of senior executives
                                  from OCSPP, OP, OECA, the Office of Environmental Justice (OEJ), the
                                  Office of Research and Development (ORD), the Office of Air and
                                  Radiation (OAR), the Office of Water (OW), the Office of Solid Waste
                                  and  Emergency Response (OSWER), and Region 9; along with the
                                  Associate Assistant Administrator for Environmental Justice, will
                                  oversee the implementation, facilitation, and monitoring efforts.
                                  Those efforts are expected to continue after the guidance documents
                                  are finalized to promote continuous learning and  improvement and to
                                  ensure effective implementation.
                              1   The Environmental Justice Technical Guidance is being developed  as a
                                  Tier 1 action under the ADP by an Agency-wide workgroup chaired by
                                  OP, OEJ, and ORD. As a Tier  1 action, the Administrator or her
                                  designee is the decision maker at each stage of the ADP.2
                               EPA's regulatory development process utilizes a system of "tiering" to prioritize actions in terms of
                              their potential for large and multimedia effects and ensures early involvement of key Agency personnel.
                              Each regulatory act ion is assigned one of three tiers. Tier 1 denotes the Administrator's Priority
    Plan EJ 2014: Appendix, Implementation Plans

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                                 ,-:

                                 >  "  :_•••
                                 Strategies to achieve the goals of this plan are specific to each goal:
     Developing Environmental Justice Analysis for the Definition of
                        Solid Waste Rule

    After EPA finalized the 2008 Definition of Solid Waste (DSW) rule, the
    Agency committed to perform an expanded environmental justice
    analysis in response to concerns raised by citizens and other
    stakeholders about the rule's potential impact on communities. The
    EPA developed an innovative methodology that incorporated sound
    science and community engagement.

    EPA began by soliciting input from the public through roundtables,
    conference calls, and webinars to get their thoughts on how to best
    conduct the analysis. The Agency identified potential hazards that
    may pose risks to communities from the recycling of hazardous
    secondary materials and the facilities that may take advantage of the
    2008 DSW rule. The facility locations were then mapped against
    demographics of the surrounding communities. EPA synthesized the
    information and determined that certain population groups would be
    disproportionately impacted by the increased risk of adverse impacts
    under the 2008 DSW rule.

    EPA incorporated these considerations in the revised proposed rule,
    signed June 30, 2011, to mitigate these potential adverse impacts, as
    allowed under applicable authorities.  In addition, EPA has taken steps
    in implementing the DSW rule that also help mitigate these impacts.
    These steps include closely monitoring the facilities notifying under the
    rule, working with the states and EPA Regions to ensure they have the
    information they need to ensure compliance with the provisions of the
    rule, and making available to the public information about the facilities
    that have notified.
Strategy 1: Finalize the Interim Guidance
on Considering Environmental Justice
During the Development of an Action.

*   Assess internal and external comments
    provided on the interim Environmental
    Justice in Rulemaking Guidance through
    Agency websites.

•   Evaluate documents produced  by rule-
    writing workgroups since the Interim
    Guidance was released to assess the
    extent to which the guidance is being
    addressed and its effect on EPA's
    rulemaking decisions.

•   Interview members of rule-writing
    workgroups, their supervisors,  and their
    senior managers to assess the clarity
    and usefulness of the guidance and the
    burdens associated with its
    implementation; and obtain suggestions
    for improvement.

•   Revise the Environmental Justice in
    Rulemaking Guidance for presentation
    to and approval by the EMC,  its EJC, and
    the Administrator.
                                 Strategy 2: Facilitate and monitor implementation of guidance on
                                 incorporating environmental justice in rulemaking.

                                 *   Work with the National Program Managers (NPM) and regions, which
                                    are primarily responsible for incorporating environmental justice in
                                    their own rulemaking efforts.

                                 •   Provide training to rule-writing teams, their managers, and decision-
                                    makers.

                                 •   Initiate a continuous learning effort to identify effective practices and
                                    lessons learned from the NPMs' ongoing rulemaking efforts.

                                 •   Develop and commence implementing a monitoring scheme to assess
                                    the extent to which the guidance is being applied, the resources being
                                 Actions, which are the few top actions that demand ongoing involvement of the Administrator and
                                 extensive involvement of Assistant Administrators and Regional Administrators across the Agency.
    Plan EJ 2014: Appendix, Implementation Plans

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                                devoted to its application, and the effect it is having on rulemaking
                                decisions.
                             Strategy 3: Develop technical guidance on how to conduct
                             environmental justice assessments of rulemaking activities.
                             *  Develop draft technical guidance through an Agency-wide ADP
                                workgroup.
                             •  Establish and conduct a peer consultation on the Draft Environmental
                                Justice Technical Guidance with a special panel of EPA's Science
                                Advisory Board (SAB).
                             •  Execute an outreach strategy to obtain internal and external comments
                                on the Draft Environmental Justice Technical Guidance.
                             •  Incorporate SAB, EPA, and external comments in developing the Final
                                Environmental Justice Technical Guidance for approval by the
                                Administrator.

                              2.2
                             The following activities are intended to carry out the strategies identified
                             for this implementation plan.
                             Strategy 1: Finalize the Interim Guidance on Considering Environmental
                             Justice During the Development of an Action.
                             *  Activity 1.1: Announce April closure of public comment period via the
                                Environmental Justice listserv.
                                   o  Time Frame: Completed in April 2011.
                             •  Activity 1.2: Review internal and external comments provided during
                                the implementation period when the guidance is in interim status.
                                   o  Time Frame: July 2011.
                             •  Activity 1.3: Review documents produced by and interview members
                                of the EPA rule-writing workgroups.
                                   o  Time Frame: October 2011.
                             •  Activity 1.4: Revise and release Final Environmental Justice in
                                Rulemaking Guidance document.
                                   o  Time Frame:
                                          >^  Draft to OCSPP, OP, and OAR Principals by end of
                                              October 2011.
                                          >^  Draft to EJC by mid-November 2011.
                                          >^  Draft to ESC by end of November 2011.
                                          S  Draft to Administrator by mid-December 2011.
                                          S  Release by end of December 2011.

                             Strategy2: Facilitate and monitor implementation of guidance on
                             incorporating environmental justice into rulemaking.
                             *  Activity 2.1: Distribute model training presentations to Agency, NPM,
                                and region-specific regulation development and ADP trainers.
                                   o  Time Frame: June 2011.
    Plan EJ 2014: Appendix, Implementation Plans

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                             •   Activity 2.2: Initiate a continuous learning effort to identify effective
                                 practices and lessons learned from the Agency's ongoing rulemaking
                                 efforts.
                                    o   Time Frame: September 2011.
                             •   Activity 2.3: Develop and commence implementing a monitoring
                                 scheme to assess the extent to which the guidance is being applied, the
                                 resources being devoted to its application, and the effect it is having on
                                 rulemaking decisions.
                                    o   Time Frame: December 2011.

                             Strategy 3: Develop technical guidance on how to conduct
                             environmental justice assessments of rulemaking activities.
                             *   Activity 3.1: Establish a cross-Agency Environmental Justice Technical
                                 Guidance Workgroup.
                                    o   Time Frame: Completed in February 2010.
                             •   Activity 3.2: Tier the Environmental Justice Technical Guidance as a
                                 Tier 1 Action in the ADP.
                                    o   Time Frame: Completed in November 2010.
                             •   Activity 3.3: Develop draft technical guidance on incorporating
                                 environmental justice in rulemaking.
                                    o   Time Frame: FY 2012.
                             •   Activity 3.4: Conduct internal and external review of draft technical
                                 guidance on incorporating environmental justice in rulemaking.
                                    o   Time Frame: FY 2012/2013.
                             •   Activity 3.5: Develop and release final technical guidance on
                                 incorporating environmental justice in rulemaking.
                                    o   Time Frame: FY 2013.
                             The following items constitute key community engagement and
                             stakeholder outreach activities for this implementation plan.
                             •   Consultations at regularly scheduled National Environmental Justice
                                 Advisory Council meetings and conference calls.
                             •   Solicitation of internal and external comments on draft guidance
                                 documents via established websites.
                             •   Engagement of state, tribal, and local governments through consortia
                                 and direct contact, to the extent possible.
                             •   Coordination with outreach activities of other Plan EJ 2014 initiatives.
                             •   Technical briefings and consultation with a special panel of the EPA
                                 Science Advisory Board.
                             •   Consultations at regularly scheduled Children's Health Protection
                                 Advisory Committee (CHPAC) meetings.
                             •   Consultations at regularly scheduled technical conferences and
                                 meetings.
    Plan EJ 2014: Appendix, Implementation Plans

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                       2,4
                       Interim final and draft guidance documents will be revised as part of a
                       process of elevating them to final status and may be subsequently revised
                       based on experience and lessons learned during implementation.
   Plan EJ 2014: Appendix, Implementation Plans

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3.0 DELIVERABLES
1 ACTIVITIES





Develop Final
Environmental Justice
in Rulemaking
Guidance.













Facilitate and monitor
implementation of the
Environmental Justice
in Rulemaking
Guidance.








Develop Draft and Final
Environmental Justice
Technical Guidance.

DELIVERABLES MILESTONES
• Report on Summarizing
Internal and External
Comments, Rule-Writing
Documentation Assessment,
and Experiences of EPA
Rule-Writers in Implementing
Interim Final Guidance.

* Draft Final Guidance on
Considering Environmental
Justice During the
Development of an Action.
* Final Guidance on
Considering Environmental
Justice During the
Development of an Action.
* Distribute model training
presentations to Agency,
NPM, and regional regulation
development and ADP
trainers.
• Initiate a continuous learning
effort to identify effective
practices and lessons learned
from the Agency's ongoing
rulemaking efforts.

• Develop and commence
implementing a monitoring
scheme to assess the extent
to which the guidance is
being applied, the resources
being devoted to its
application, and the effect it is
having on rulemaking
decisions.
• Draft Final Technical
Guidance on Considering
Environmental Justice During
the Development of an
Action.
* October
2011





• November
2011


• December
2011


• June 2011




• October
2011



• December
2011







• FY2013

  Plan EJ 2014: Appendix, Implementation Plans

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                            The milestones established in Section 3.0 above are the performance
                            measures which will be used to track progress in implementing this plan.
                            These milestones may be augmented by more detailed interim milestones
                            as they are established. Implementation of the guidance documents to be
                            developed under this plan may support development of future outcome
                            and activity measures.
                            Reporting on progress in implementing this plan will take place on an
                            ongoing basis when its scheduled deliverables are completed. Annual
                            progress reports will be provided and updates to this implementation plan
                            will be made at that time. For information, please contact Mike Burns,
                            202-564-8273, Burns.Mike@epa.gov: or Kelly Maguire, 202-566-2273,
                            Maguire.Kelly@epa.gov.
   Plan EJ 2014: Appendix, Implementation Plans                                                      10

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                            ADP          Action Development Process
                            CHPAC        Children's Health Protection Advisory Committee
                            DAA          Deputy Assistant Administrator
                            DRA          Deputy Regional Administrator
                            EJC           Environmental Justice Committee
                            EMC          Executive Management Council
                            EPA          U.S. Environmental Protection Agency
                            ESC           Executive Steering Committee
                            NPM          National  Program Manager
                            OAR          Office of  Air and Radiation
                            OCSPP        Office of  Chemical Safety and Pollution Prevention
                            OECA         Office of  Enforcement and Compliance Assurance
                            OEJ           Office of  Environmental Justice
                            OP           Office of  Policy
                            ORD          Office of  Research and Development
                            OSWER       Office of  Solid Waste and Emergency Response
                            OW          Office of  Water
                            SAB          Science Advisory Board
        Plan EJ 2014: Incorporating Environmental Justice Into Rulemaking
11

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For more information on Plan EJ 2014, visit the U.S. Environmental Protection Agency s Office of
     Environmental Justice website at: http://www.epa.gov/environmentaljustice/plan-ej7

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