&EPA
United States
Environmental Protection
Agency
Plan EJ 2014
Advancing
Environmental Justice
Through Compliance
and Enforcement
Plan EJ 2014 is EPA's roadmap for
integrating environmental justice into
its programs and policies.
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SEPA
ADVANCING ENVIRONMENTAL JUSTICE THROUGH
COMPLIANCE AND ENFORCEMENT
Implementation Plan
September 2011
Led by
Office of Enforcement and Compliance Assurance
and Region 5
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 2
1.1 Goals 1
1.2 Organizational Structure 1
2.0 IMPLEMENTATION 3
2.1 Strategies 3
2.2 Activities 3
3.0 DELIVERABLES 14
4.0 REPORTING 20
APPENDIX: Acronyms 21
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Goals At-A-G lance
To fully integrate
consideration of
environmental justice
concerns into the planning
and implementation of
OECA's program
strategies, case targeting
strategies, and
development of remedies
in enforcement actions to
benefit overburdened
communities.
1.0 INTRODUCTION
This implementation plan sets forth goals, strategies, and activities to advance
environmental justice through compliance and enforcement, under the U.S.
Environmental Protection Agency (EPA)'s Plan EJ 2014. It was developed by the
Office of Enforcement and Compliance Assurance (OECA) and EPA Region 5, as
Lead Region for OECA for Fiscal Year (FY) 2011-13, in consultation with all EPA
regions, the Office of Environmental Justice, and the Office of General Counsel.
1.1 Goals
OECA and the EPA regions, in collaboration with other EPA offices and the U.S.
Department of Justice (DOJ), are committed to taking action to further ensure
that our most overburdened communities1 are given particular consideration as
we implement the Agency's enforcement and compliance program. Through this
implementation plan, we intend to focus and accelerate our efforts to identify,
assess, and address environmental justice concerns in these communities when
developing and implementing OECA's program strategies, civil and criminal
enforcement activities, and compliance activities.
Our goal for the next three years is to fully integrate consideration of
environmental justice concerns into the planning and implementation of OECA's
program strategies, case targeting strategies, and development of remedies in
enforcement actions to benefit these communities. We also plan to accelerate
our ongoing efforts to communicate more effectively with these communities
about our enforcement actions and program activities. Through these efforts, we
hope to further advance the Agency's environmental justice goals of fair
treatment and meaningful involvement, and to help address environmental
justice concerns in overburdened communities.
1.2 Organizational Structure
OECA and Region 5 (as OECA Lead Region) share responsibility for developing this
implementation plan. This work is co-chaired by OECA's Principal Deputy
Assistant Administrator and Region 5's Deputy Regional Administrator. The co-
chairs called upon OECA's standing Environmental Justice Council, consisting of
the Directors and/or Deputy Directors of all OECA offices, the Lead Region
Enforcement and Environmental Justice Manager and supporting staff to develop
this plan. The Associate General Counsel, Cross-Cutting Issues Law Office, Office
of General Counsel, participates regularly in the OECA Environmental Justice
Council meetings and has been of invaluable assistance in developing this plan.
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.
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OECA and regional managers conducted an open discussion of this plan at the
January 26, 2011, Senior Enforcement Managers meeting in New Orleans,
Louisiana. Following that discussion, the draft plan was revised to incorporate
agreed-upon modifications and additions. OECA and all EPA regions will use this
implementation plan as a dynamic document, making improvements as we learn
through experience in implementation.
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2.0 IMPLEMENTATION
2.1 Strategies
OECA has five major strategies for Advancing Environmental Justice through
Compliance and Enforcement:
Enforcing the Clean Water Act
An EPA enforcement settlement in December 2010
requires that the Cleveland-area Northeast Ohio Regional
Sewer District take steps to stop the flow of untreated
sewage into local waterways and Lake Erie. Among other
requirements, the District is required to take several specific
steps to address concerns in overburdened communities.
For example, the District must reduce pollutant discharges
much more quickly in these areas.
In addition, several vacant lands will be transformed into
green space and recreational areas to help capture storm
water discharges, perhaps leading to increased property
values and employment opportunities. Also, the District will
operate a household hazardous waste collection center
each month as a supplemental environmental project,
providing local citizens with a place to properly dispose of
used motor oil, paints, batteries, and other items that could
otherwise end up in storm water discharges.
• Advance environmental
justice goals through
selection and
implementation of National
Enforcement Initiatives.
• Advance environmental
justice goals through
targeting and development
of compliance and
enforcement actions.
• Enhance use of
enforcement and
compliance tools to
advance environmental
justice goals in regional
geographic initiatives to
address the needs of
overburdened communities.
• Seek appropriate remedies in enforcement actions to benefit overburdened
communities and address environmental justice concerns.
• Enhance communication with affected communities and the public regarding
environmental justice concerns and the distribution and benefits of
enforcement actions, as appropriate.
2.2 Activities
Strategy 1: Advance environmental justice goals through selection and
implementation of National Enforcement Initiatives.
Background. Every three years, OECA selects a limited number of high priority
national environmental and compliance problems to address through
concentrated, nationwide enforcement efforts. In selecting these areas of focus,
OECA looks for important environmental and public health problems that are
caused, at least in part, by widespread failure of regulated sectors to comply with
federal environmental laws, where it believes that a concentrated federal
enforcement effort can make a difference in correcting violations and reducing
pollution. OECA and the regions solicited input from state agencies to identify
potential areas of focus, and sought public comment on the final list of proposed
candidates. The selected areas of focus are called "National Enforcement
Initiatives."
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OECA has been, and continues to be, committed to taking environmental justice
factors into consideration when it selects and implements these National
Enforcement Initiatives. One of OECA's primary program goals is to aggressively
go after pollution problems that make a difference to communities, and we place
a high priority on benefits to overburdened communities in selecting our National
Enforcement Initiatives.
Activity 1.1: Selection of National Enforcement Initiatives for FY 2011-13. In 2010,
OECA selected the following six National Enforcement Initiatives for
implementation in FY 2011-2013 after input from the public, states, and tribes:
o Keeping raw sewage and contaminated stormwater out of our
nation's waters.
o Preventing animal waste from Concentrated Animal Feeding
Operations (CAFO) from contaminating surface and ground waters.
o Cutting toxic air pollution that affects communities' health.
o Reducing widespread air pollution from the largest sources, especially
the coal-fired utility, cement, glass, and acid sectors.
o Reducing pollution from mineral processing operations.
o Assuring energy extraction sector compliance with environmental
laws.
In selecting these areas of focus, OECA gave significant weight to problems that
affect overburdened communities. For example, raw sewage discharges from
municipal sewer systems often affect poor and minority communities by
contaminating urban waters or causing sewage backups into their homes. CAFOs
are often located near poor rural communities, and animal waste that gets into
ground water can contaminate nearby residents' drinking water supplies. Toxic
air pollution can affect the health of poor and minority communities that often
are located closest to industrial facilities with toxic air emissions. Widespread air
pollution from coal-fired power plants and other industries can travel long
distances and contributes to respiratory illnesses, such as asthma, that afflict poor
and minority populations and children. Large mineral processing facilities, which
can cause significant contamination of ground and surface waters with hazardous
waste, are often located near poor and minority communities. Energy extraction
activities, which often occur on or near tribal lands in the west, can cause air or
water pollution problems that affect tribal communities.
• Activity 1.2: Implementation of National Enforcement Initiatives for FY 2011-
13. OECA will look for opportunities to address environmental justice
concerns as it implements the Agency's National Enforcement Initiatives for
FY 2011-13. A "Strategy Implementation Team," consisting of OECA
Headquarters and regional representatives, is responsible for developing
implementation strategies and performance measures for each of the
National Enforcement Initiatives. Each initiative's strategy will consider how
environmental justice concerns can be addressed in carrying out its activities,
e.g., by giving priority in case selection to overburdened communities
affected by the pollution problems we seek to address in each of the
initiatives. In developing remedies in our enforcement cases for the
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initiatives, we will seek judicial and administrative remedies that will reduce
or eliminate pollution that may have a disproportionate effect on minority,
low-income, tribal and indigenous2 populations (see further discussion under
Strategy 4 below). As of the date of the publication of this plan, OECA has
finalized the National Enforcement Initiative strategies and measures.
• Activity 1.3: Selection of National Enforcement Initiatives for FY 2014-16. In
2013, OECA will call for nominations for the FY 2014-2016 National
Enforcement Initiatives, with emphasis on those with potential opportunities
for addressing environmental justice concerns, and will then select the new
initiatives. As we have done previously, OECA will solicit state input and
public comment on the proposed FY 2014-2016 initiatives before they are
selected.
Strategy 2: Advance environmental justice goals through targeting and
development of compliance and enforcement actions.
EPA will continue to place a high priority on addressing environmental justice
concerns as it develops the specific targeting and case selection strategies for
both National Enforcement Initiative cases and the many other enforcement
cases that EPA brings in FY 2011-13. As discussed above, the Strategic
Implementation Teams (SITs) for each National Enforcement Initiative will identify
opportunities to protect and benefit overburdened communities when selecting
and developing specific cases. For example, when selecting specific CAFO
facilities for enforcement action, priority may be given to facilities that are
affecting or threatening the drinking water supplies of poor rural communities.
EPA will also give specific consideration and priority to environmental justice
concerns and overburdened communities when selecting enforcement actions to
address other important compliance problems, regardless of whether they are
part of a National Enforcement Initiative. For example, in selecting enforcement
actions to address violations of drinking water standards, we will give high priority
to addressing violations at water supply systems that serve poor and tribal
communities, as well as children, one of the most vulnerable populations.
• Activity 2.1: Issue internal guidance requiring analysis and consideration of
environmental justice in EPA's compliance and enforcement program. EPA's
enforcement program is already giving significant consideration to
environmental justice concerns in selecting enforcement areas of focus and
targets. For example, as described above, environmental justice
considerations played a significant role in our selection of national
compliance problems to address through National Enforcement Initiatives.
To ensure that EPA enforcement staff and managers consistently and
effectively consider environmental justice concerns in all their work under
EPA's national compliance and enforcement program, OECA will issue
national guidance in 2011 to reinforce, guide, and accelerate these efforts.
When these terms are used in this document, they refer to entities and individuals in the United States only.
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The Agency's national guidance will direct EPA's compliance and enforcement
staff and managers to consider and give significant weight to environmental
justice concerns when they select compliance problems to focus on, select
specific civil or criminal enforcement case targets, and develop and conduct
civil litigation or criminal prosecution. Given limited resources, EPA managers
must make many strategic choices as they decide which problems to focus on
and how to address them. Protection of the public health is OECA's highest
priority, and protection of the health of overburdened communities is
especially important. While OECA cannot address every problem with our
limited resources, we can ensure that we consider and give significant weight
to the protection of overburdened communities as we make strategic
choices.
For example, in carrying out our National Enforcement Initiative to address
pollution of underground or surface water caused by CAFOs, EPA must make
strategic choices about which watershed areas to focus on and which
particular CAFOs to inspect. A number of factors are considered in that
decision-making process, e.g., the relative severity of the environmental and
public health problems, the degree to which facilities are known or suspected
to have violations that are contributing to the problem, and the degree to
which enforcement action is likely to be an effective and appropriate tool to
correct that problem. Environmental justice concerns should be considered
and given significant weight in making this decision. For example, if there is a
poor or minority overburdened community whose drinking water supply is
contaminated or at risk of contamination from a nearby CAFO, that factor
weighs in favor of selecting that CAFO as one of our enforcement case
targets.
To ensure that all EPA enforcement personnel consider and address
environmental justice concerns early in the enforcement process, the Agency,
in consultation with DOJ, is revising its internal Model Litigation Report
guidance to call for increased analysis and discussion of environmental justice
considerations in civil case referrals that EPA sends to DOJ. In addition, EPA
will issue guidance calling for analysis and discussion of environmental justice
considerations in the requests for prosecutorial assistance that the Agency
provides to DOJ. These guidances will be issued in 2011.
In order to implement the direction to consider environmental justice
concerns in selecting and conducting enforcement cases, case teams will
need guidance on how to identify areas of potential environmental justice
concern. EPA has developed a number of screening tools to assist in
identifying areas of potential environmental justice concern. These include
the online mapping tool "EJ View" (formerly known as the Environmental
Justice Geographic Assessment Tool, or EJGAT), which uses demographic,
environmental, health, and facility-level information to assist in identifying
areas with potential environmental justice concerns. OECA has also
developed a screening tool called the Environmental Justice Strategic
Enforcement Assessment Tool (EJSEAT), which uses these same categories of
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data to assist in identifying areas of potential environmental justice concern
that may be appropriate for enforcement action to address the effects of
noncompliance on overburdened communities. A number of EPA's regions
have also developed their own analytic tools and methods for this purpose.
With all of these screening tools, it is important to remember that they can
only provide a starting point for analysis and decision making as to whether a
community has environmental justice concerns or whether any enforcement
action is appropriate. "Ground truthing" is needed before drawing any
conclusions regarding any particular community or environmental compliance
problem, and, as described above, a number of other important factors must
be taken into consideration when deciding whether and where to take
enforcement actions.
In addition to OECA's efforts to develop screening tools for use in the
enforcement and compliance program, the Agency's Information Tools
Development Workgroup is undertaking a larger effort to develop guidance
on identifying areas of potential environmental justice concern as a separate
effort under EPA's Plan EJ 2014. It will be important to ensure that OECA's
guidance to enforcement case teams is consistent with the approach(es)
developed by the Agency-wide Environmental Justice Screening Committee.
Therefore, upon completion of the Screening Committee's work, OECA will
review its guidance to ensure that it is consistent with the final Agency
decisions based on the Environmental Justice Screening Committee's work.
Activity 2.2: Review OECA's Enforcement Response Policies to determine
whether any revisions are needed to ensure that environmental justice
concerns are addressed in case development and resolution. OECA will
review its Enforcement Response Policies for the various statutory and
regulatory programs to assess whether any revisions are needed to ensure
environmental justice concerns are addressed. A plan for the review will be
developed by June 30, 2011.
Activity 2.3: Reevaluate use of EJSEAT, as appropriate, in response to
recommendations of the NEJAC and conclusions of the EPA Environmental
Justice Screening Committee. EPA's National Environmental Justice Advisory
Council (NEJAC) thoroughly reviewed OECA's screening tool, EJSEAT, and
provided technical and policy recommendations to improve this tool in May
2010. OECA responded to and discussed the NEJAC's recommendations at
the NEJAC meeting in July 2010, and is implementing some of its technical
recommendations. Many of the NEJAC's recommendations raised policy
issues that have broad application and implications for all of the Agency's
environmental justice work. To ensure Agency-wide consistency, OECA will
await the outcome of the Environmental Justice Screening Committee's work
before making final decisions on the NEJAC's policy recommendations.
However, as OECA and the regions continue to use EJSEAT pending the
outcome of the Environmental Justice Screening Committee's work, the OECA
Environmental Justice Council will assess whether additional changes to
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EJSEAT recommended by the NEJAC's review of the tool should be made on
an interim basis.
• Activity 2.4: Seek opportunities to advance environmental justice goals in
implementing the Clean Water Act Action Plan. OECA and the Office of Water
(OW) have developed a Clean Water Act Action Plan to revamp the Agency's
permitting, compliance and enforcement programs so that we more
effectively focus our limited resources on addressing the most important
environmental and public health problems facing the nation. Many of these
problems disproportionately affect poor and minority communities. For
example, urban waters pollution is most likely to affect the health and
welfare of poor communities located along urban waterways. As OECA, OW,
and the regions develop and implement new strategies and plans under the
Clean Water Act Action Plan, we will identify specific opportunities to address
environmental justice concerns.
Many of the opportunities to address environmental justice concerns in
implementation of the Clean Water Act Action Plan will come through the
development of targeting strategies and specific case selection. The Clean Water
Act Action Plan also offers other opportunities to address environmental justice
concerns, such as our increased attention with state agencies, to the relationship
between effective permitting and enforcement in assuring compliance with the
Clean Water Act. Often, the concerns that are raised to EPA by overburdened
communities relate to the effectiveness of the permit regulating a particular
facility, which is an essential underpinning for effective compliance and
enforcement.
• Activity 2.5: Seek opportunities to advance environmental justice goals in
conducting the National Enforcement Strategy for RCRA Corrective Action.
OECA's Corrective Action program has set an aspirational goal of achieving
remedy construction at 95 percent of 3,747 RCRA facilities by the year 2020.
The National Enforcement Strategy for Corrective Action (NESCA) provides
direction to the regions, and guidance to states, for assessing, targeting, and
prioritizing the EPA-lead Corrective Action facilities to help meet the 2020
Corrective Action goal. EPA regions are encouraged to focus attention on
identifying and addressing disproportionate effects that RCRA facilities
needing corrective action may have on adjacent or nearby overburdened
populations.
NESCA identifies a variety of mapping tools that regions, states, and communities
can use to view and identify environmental justice concerns. Each EPA regional
office is developing a RCRA Corrective Action 2020 strategy. As part of these
strategies, the regions should identify what tools they plan to use to address
environmental justice concerns in their prioritization. To assist regions with
addressing environmental justice concerns, OECA provided each region with a list
of all potential facilities. OECA used EJSEAT to screen and prioritize each facility
on these lists of facilities. The regions will assess their 2020 Corrective Action
Universe to ensure consideration of environmental justice and provide updated
RCRA Corrective Action 2020 strategies in the Spring of 2011.
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• Activity 2.6: Improve compliance at federal facilities where violations may
affect overburdened communities. Where federal facilities are located
adjacent to or nearby overburdened communities, illegal pollution or
hazardous waste contamination can have a disproportionate effect on those
communities. As part of Plan EJ 2014, OECA, together with Federal Facility
Program Managers in each EPA region, will accelerate efforts to identify
communities with these types of problems and take enforcement action to
ensure that federal facilities comply with the law and address pollution
problems that affect the communities. In FY 2011 OECA will use EJSEAT and
other tools and information to identify overburdened communities located
near federal facilities that have significant violations of federal environmental
laws. These facilities will be given priority in regional targeting efforts for
compliance and enforcement.
• Activity 2.7: Develop tools to identify and track facilities located in areas with
potential environmental justice concerns, and report on enforcement actions
that address environmental justice concerns. To ensure the success of
Activities 2.1-2.6, it will be important to ensure that environmental justice
screening information is available to case teams, and to track the
enforcement and compliance activities that we implement under this Plan.
Therefore, in 2011, OECA will develop and implement technical programming
for the Integrated Compliance Information System (ICIS) database, an internal
tracking system, to allow for automated reporting on OECA regional and
Headquarters review of EPA civil enforcement cases for potential
environmental justice concern. OECA is in the process of developing this
capacity and will determine in 2011 whether the reporting mechanism in ICIS
is adequate for its needs.
To support OECA's program efforts to improve tracking and reporting of
environmental justice aspects of EPA criminal enforcement case work, OECA will
in 2011 analyze its current docket of investigations for potential environmental
justice concerns, and will revise its internal Criminal Case Reporting System
(CCRS) to capture information concerning potential environmental justice
concerns in criminal enforcement investigations and prosecutions. OECA will
consider environmental justice data, along with other criminal case tiering
information.
Strategy 3: Enhance use of enforcement and compliance tools to advance
environmental justice goals in regional geographic initiatives to address the
needs of overburdened communities.
EPA regions have developed and continue to develop integrated strategies to
focus on particular geographic areas in their regions with overburdened
communities that are disproportionately affected by environmental problems.
Beginning in 2008, for example, each region identified a "Showcase Community"
to focus efforts to address environmental justice concerns. The regions used
integrated strategies for this purpose that considered the full range of EPA's
tools, and a number of these projects include use of enforcement and compliance
assurance tools. Under this strategy, the regions will ensure that they use their
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enforcement and compliance assistance tools effectively to identify and address
environmental and public health problems in areas of environmental justice
concern that are caused or made worse by violations of federal environmental
laws. For example, EPA Regions 3, 4, and 5 are leading a geographic enforcement
initiative focused on Huntington Port, which was selected in part because
screening analysis results indicated a high potential for environmental justice
concerns. This initiative incorporates enforcement and compliance assistance to
reduce pollution and increase compliance. It also includes workshops to build the
community's capacity to help ensure long-term protection of the environment
and public health.
• Activity 3.1: Regions will include use of enforcement tools as part of
integrated problem-solving strategies that are focused on particular
geographic areas. OECA and the regions, together with state and other
agencies as appropriate, will evaluate facility compliance in overburdened
communities selected for strategic focus. These evaluations should be
targeted using the best available data and methods in light of the overall
objectives of EPA's enforcement and compliance assurance work. In this way,
community-focused initiatives can complement the national enforcement
initiatives and other sector-based and program-specific enforcement
activities, meeting OECA's goal of strategically using limited enforcement
resources to address the most significant issues first.
OECA and the regions will tailor compliance evaluation and enforcement actions
as part of integrated strategies to maximize EPA's ability to gain environmental
and public health benefits in overburdened communities. For example, this could
include use of multi-media inspections or process inspections to comprehensively
address potential impacts from violations at a given facility.
• Activity 3.2: Regions will include use of compliance assistance tools as part of
integrated problem-solving strategies focused on particular geographic areas.
OECA and the regions will consider and use compliance assistance activities to
effectively reach large numbers of small sources with environmental
violations that have significant local impacts on overburdened communities.
Compliance assistance tools, such as counseling, online resource centers, fact
sheets, guides, training, and monitoring, are particularly appropriate, at least
as initial compliance efforts, when widespread violations are found among
small businesses, which often have limited resources and less ability than
major industrial facilities to understand and comply with the requirements of
federal environmental regulations. The EPA and states have often been
successful in improving small businesses' compliance with environmental
regulations through focused outreach and education efforts.
Strategy 4: Seek appropriate remedies in enforcement actions to benefit
overburdened communities and address environmental justice concerns.
* Activity 4.1: Increase efforts to address environmental justice concerns
through use of injunctive relief, including mitigation, and Supplemental
Environmental Projects in civil enforcement actions, as appropriate. OECA,
the EPA regions, and DOJ are jointly heightening their focus in civil
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enforcement cases on potential options to obtain meaningful environmental
and public health benefits to specific overburdened communities affected by
violations of federal environmental laws. These efforts go beyond traditional
injunctive relief to stop illegal pollution, to mitigate the environmental and
public health harm caused by illegal pollution and, where appropriate and
agreed to by defendants, to include Supplemental Environmental Projects
(SEPs) that provide benefits to communities. For example, in a case involving
illegal discharges of pollutants from a facility that damaged a tribal fishing
area, the relief ordered (in addition to stopping the illegal discharges)
included restocking the fishing ground. EPA has also been successful in
obtaining SEPs from defendants to retrofit diesel school buses, to reduce the
air pollution that children are exposed to. We will continue and accelerate
these types of efforts to reduce pollution burdens that have a
disproportionate impact on minority, low-income, tribal and indigenous
populations.
• Activity 4.2: Increase efforts to benefit affected communities through use of
community service and the Crime Victims' Rights Act in criminal actions.
OECA will work with DOJ to (1) explore innovative uses of criminal sentencing
options, e.g., community service or environmental compliance plans, and (2)
take into account information obtained pursuant to the Crime Victims Rights
Act when developing environmental crimes case resolutions (e.g., restitution).
• Activity 4.3: Look for opportunities to work with other federal agencies, state
and local governments, and the business community to complement and
leverage community benefits resulting from enforcement activities. In
addition to the benefits that can be obtained for overburdened communities
through judicial and administrative enforcement actions, there may be other,
parallel opportunities to obtain additional benefits for the community
through cooperation with other federal agencies, state or local governments,
or the business community. For example, the U.S. Department of Housing
and Urban Development (HUD) may be able to provide housing assistance or
other community benefits in a "brownfields" area where EPA has taken
enforcement action to clean up environmental contamination.
State or local governments may have projects or grant funding that can be used
to improve the community's infrastructure or environment in an area that is also
the focus of EPA compliance or enforcement action. In situations where air
emissions from individual or multiple industrial facilities continue to adversely
affect community health despite their compliance with emission limitations, some
businesses may be willing to take voluntary action to further reduce the
emissions that adversely affect the community. Examples of such voluntary
actions include: a health clinic established and operated together with local,
state, and community members; a household hazardous waste collection drive; a
local company voluntarily agreeing to post compliance monitoring information
directly on a public website, to allow community members to check on
compliance; and "good neighbor agreements" between local companies and
communities to address facility effects not regulated by a permit or other law.
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EPA will identify specific opportunities, in cases or regional geographic initiatives,
to work with other federal agencies, state and local governments, and the
business community to complement and leverage benefits resulting from
enforcement activities. EPA will document and share recommendations and best
practices for taking action on these opportunities.
Strategy 5: Enhance communication with affected communities and the public
regarding environmental justice concerns and the distribution and benefits of
enforcement actions, as appropriate.
OECA and the EPA regions with DOJ will increase their efforts to communicate
with affected communities and the public about enforcement strategies and
actions that may affect overburdened communities. EPA recognizes that
communities have a legitimate need to be informed and to understand the
federal government's enforcement activities to protect their environment and
public health, and to have their voices heard when solutions are being considered
to redress environmental and health problems caused by violations of federal
environmental laws that affect their community. As OECA implements these
strategies for Plan EJ 2014, we commit to increase outreach to communities and
to provide more information about environmental and public health problems
caused by failure to comply with federal environmental laws, efforts to address
those problems, and available judicial and administrative solutions to those
problems that can address the communities' concerns and needs.
At the same time, it is important for communities to understand the legitimate
and essential need to protect the confidentiality of enforcement activity when a
case is under development and in settlement negotiations. This is essential to
assure that effective enforcement, and its ultimate benefits for the community,
will not be undermined and adversely affected by premature disclosure of
confidential enforcement information. While this consideration will necessarily
limit the amount and kind of information that EPA is able to share with the
community at various stages of enforcement activity, we are committed to
sharing as much information as possible, to enable communities to be informed
and to have their voices heard in the determination of appropriate resolutions for
violations of federal environmental laws that affect them.
While increased communication efforts are important, it is no less important to
receive input from communities on potential violations. OECA will continue to
invite tips and complaints, including through such means as EPA's on-line
reporting badge and the EPA fugitives web page.
• Activity 5.1: Provide affected communities with information about
enforcement actions and meaningful opportunities for input on potential
environmental justice concerns and remedies to be implemented. As OECA
and the regions develop and implement our enforcement actions, we will
seek to identify communities with environmental justice concerns that could
benefit from enhanced communication and consultation regarding
enforcement activities, and provide the communities with additional
information (consistent with the confidentiality requirements needed to
protect the integrity of enforcement actions). As appropriate, OECA and the
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regions will also provide opportunities for communities to provide input on
environmental justice concerns and remedies to be sought in enforcement
actions that affect their communities. This information will be provided
through EPA's website, local information repositories, and other appropriate
means.
Activity 5.2: Improve website information and other public information
materials to explain EPA's site cleanup enforcement processes. OECA and the
regions recognize that the Agency's enforcement processes concerning
hazardous waste site cleanup that affect communities with potential
environmental justice concerns, are often complicated and can be difficult for
the public to understand and to follow. To increase communities' ability to
understand our enforcement processes, we will coordinate across EPA offices
to maximize website information on cleanup enforcement at specific sites,
develop and make available fact sheets to better explain EPA's cleanup
enforcement process, and prepare for internal EPA use a compendium of
"best practices" that will encourage and facilitate EPA employees' efforts to
make cleanup enforcement information more available to the public.
Activity 5.3: Enhance communication of the environmental justice benefits of
EPA's enforcement actions. EPA's enforcement actions frequently provide
significant benefits to overburdened communities, including reduction of air
or water pollution, cleanup of toxic and hazardous waste, and additional
community benefits such as diesel bus retrofits and other benefits made
available through SEPs. However, the community is best able to appreciate
these benefits when they have good information about these actions.
Therefore, OECA and the regions will accelerate efforts to communicate,
through press releases, EPA's website, and other means, the benefits of our
enforcement actions for overburdened communities. To ensure nationwide
consistency in this effort, we will issue internal guidance for this purpose in
2011.
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement 13
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3.0 DELIVERABLES
Strategy 1: Advance environmental justice goals through selection and
implementation of National Enforcement Initiatives.
ACTIVITIES
Activity 1.1: Consider
environmental justice in
selecting National
Enforcement Initiatives
(NEIs)forFY2011-13.
DELIVERABLES
Selection of National
Enforcement Initiatives for
FY 2011-13.
MILESTONES
Completed
Activity 1.2: Advance
environmental justice goals
through implementation of
NEIs.
Strategic Implementation
Team (SIT) strategies to
include opportunities to
advance environmental
justice goals.
April 30,
2011
Activity 1.3: Consider
environmental justice in
nominating and selecting
National Enforcement
Initiatives for FY 2014-16.
Call for nominations for FY
2014-16 NEIs to include
request to identify
opportunities to advance
environmental justice goals.
In 2013
Strategy 2: Advance environmental justice goals through targeting and
development of compliance and enforcement actions.
ACTIVITY
Activity 2.1: Issue internal
guidance calling for analysis
and consideration of
environmental justice in
EPA's compliance and
enforcement program,
including using available
tools and approaches to
identify areas of potential
environmental justice
concern.
DELIVERABLES
Issue guidance to EPA
managers and staff that
calls for consideration of
environmental justice in
EPA's compliance and
enforcement program.
Revise Model Litigation
Report Guidance to call for
increased analysis and
discussion of environmental
justice in judicial referrals.
Consider environmental
justice data, along with
criminal case tiering
information.
Issue guidance calling for
discussion of environmental
justice issues in requests
for prosecutorial
assistance.
MILESTONES
April 30,
2011
Draft by
June 30,
2011; Final
by Sept. 30,
2011
Ongoing
August 31,
2011
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement
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ACTIVITY
Activity 2.2: Review
OECA's Enforcement
Response Policies to
determine whether any
revisions are needed to
ensure that environmental
justice concerns are
addressed in case
development and resolution.
DELIVERABLES
Develop a plan and
timetable for review of
Enforcement Response
Policies.
MILESTONES
June 30,
2011
Activity 2.3: Re-evaluate
use of EJSEAT, as
appropriate, in response to
recommendations of the
NEJAC and conclusions of
the EPA Environmental
Justice Screening
Committee.
Finalize implementation of
the NEJAC technical
recommendations for
EJSEAT already accepted.
Reconsider and finalize
response to the NEJAC
recommendations on
EJSEAT following issuance
of final work product by
Environmental Justice
Screening Committee (to
ensure consistency).
June 30,
2011
Within 180
days
following
issuance of
final work
product of
Environment
al Justice
Screening
Committee
Activity 2.4: Seek
opportunities to advance
environmental justice goals
in implementing the Clean
Water Action Plan.
• As EPA develops and
implements new strategies
and plans under the Clean
Water Act Action Plan, we
will identify specific
opportunities to address
environmental justice
concerns.
Ongoing
Activity 2.5: Seek
opportunities to advance
environmental justice goals
in conducting the National
Enforcement Strategy for
RCRA Corrective Action.
Screen all facilities in the
2020 Corrective universe
that are subject to the
National Enforcement
Strategy for RCRA
Corrective Action for
potential environmental
justice concerns.
Identify as priorities for
enforcement, Corrective
Action sites using the
potential for environmental
justice concerns as a
factor.
Completed
Ongoing
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement
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DELIVERABLES
MILESTONES
Activity 2.6: Improve
compliance at federal
facilities where violations
may affect overburdened
communities.
Use EJSEAT to identify
overburdened communities
located near federal
facilities. Identify those that
have significant
environmental violations for
priority consideration by
regional federal facility
program targeting efforts,
for compliance assistance
and potential enforcement.
Ongoing
Activity 2.7: Develop
tracking and reporting tools
on potential environmental
justice concerns and results
in enforcement actions.
Develop and implement
technical/programming
requirements for the ICIS
database.
Develop reporting
guidance.
Revise the Criminal Case
Reporting System (CCRS)
to capture information
concerning potential
environmental justice
concerns in criminal
enforcement investigations
and prosecutions.
Ongoing;
Draft
guidance by
March 30,
2012
Ongoing
Ongoing
Strategy 3: Enhance use of enforcement and compliance tools to advance
environmental justice goals in regional geographic initiatives to address the needs
of overburdened communities.
ACTIVITY
Activity 3.1: Regions will
include use of enforcement
tools as part of integrated
problem-solving strategies
that are focused on particular
geographic areas.
DELIVERABLES
Regions will be asked to
include enforcement efforts
(e.g., through targeting and
inspections) when applying
integrated problem-solving
strategies in selected
geographic areas with
environmental justice
concerns. For example,
some regions incorporated
such an approach into their
Environmental Justice
Showcase Community
projects.
MILESTONES
Ongoing
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement
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CTIVITY
DELIVE RABIES
Document
accomplishments and
future plans for including
enforcement in these
geographic initiatives.
MILESTONES
December
31,2011
Activity 3.2: Regions will
include use of compliance
assistance tools as part of
integrated problem-solving
strategies (e.g., as applied in
the Showcase
Communities), that are
focused on particular
geographic areas.
Regions will be asked to
evaluate appropriate
compliance assistance
tools when applying
integrated problem-solving
strategies in selected
geographic areas with
environmental justice
concerns. For example,
some regions incorporated
such an approach into their
Environmental Justice
Showcase Community
projects.
Document
accomplishments and
future plans for including
compliance assistance in
these geographic initiatives.
Ongoing
December
31,2011
Strategy 4: Seek appropriate remedies in enforcement actions to benefit
overburdened communities and address environmental justice concerns.
ACTIVITY
Activity 4.1: Increase
efforts to address
environmental justice
concerns through use of
injunctive relief, including
mitigation, and SEPs in civil
enforcement actions.
DELIVE RABIES
On case-specific basis,
coordinate with DOJ on
potential options in judicial
cases for injunctive relief,
including mitigation, and
SEPs that will deliver
substantial and meaningful
environmental benefits to
specific environmental
justice communities.
Assess opportunities for
increasing environmental
justice benefits in remedies
in administrative actions.
MILESTONES
Ongoing
Ongoing
Activity 4.2: Increase
efforts to benefit
overburdened communities
through use of community
service and the Crime
Victims' Rights Act (CVRA)
in criminal actions.
Work with DOJ to (1)
explore innovative uses of
criminal sentencing options,
e.g., community service
and/or environmental
compliance plans, and (2)
take into account
information obtained
pursuant to the CVRA when
Ongoing
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement
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DELIVE RABIES
developing environmental
crimes case resolutions
(e.g., restitution).
MILESTONES
Provide comments on the
DOJ/Attorney General's
CVRA Guidelines.
Coordinate with DOJ in
their implementation of
CVRA guidelines for federal
environmental
prosecutions.
Evaluate use of restitution,
community service, and
CVRA in federal
environmental
prosecutions, and issue
guidance to investigators.
Completed
Ongoing
Ongoing
Activity 4.3: Look for
opportunities to work with
other federal agencies, state
and local governments, and
the business community to
complement and leverage
community benefits resulting
from enforcement activities.
Identify specific
opportunities, in cases or
regional geographic
initiatives, to work with
other federal agencies,
state and local
governments, and the
business community to
complement and leverage
benefits resulting from
enforcement activities.
Document and share
recommendations and best
practices for taking action
on these opportunities.
Ongoing
December
31,2011
Strategy 5: Enhance communications with affected communities and the public
regarding environmental justice concerns and the distribution and benefits of
enforcement actions, as appropriate.
ACTIVITY
Activity 5.1: Provide
affected communities with
information about
enforcement actions and
meaningful opportunities for
DELIVE RABIES
Identify communities where
enhanced communication
and consultation regarding
enforcement matters is
appropriate.
MILESTONES
Ongoing
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement
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CTIVITY
input on potential
environmental justice
concerns and remedies to be
sought, as appropriate.
DELIVE RABIES
Provide communities with
information about
enforcement actions and
meaningful opportunities for
input on potential
environmental justice
concerns and remedies to
be sought, as appropriate
MILESTONES
Ongoing
Activity 5.2: Improve
website information on
cleanup enforcement,
develop fact sheets to better
explain the cleanup
enforcement process, and
prepare a compendium of
best practices.
Coordinate across EPA
offices to maximize website
information on cleanup
enforcement at specific
sites.
Ongoing
Participate in the
development of fact sheets
that explain the cleanup
enforcement process.
Prepare compendium of
best practices.
Ongoing
December
31,2011
Activity 5.3: Enhance
communication of
environmental justice
benefits of EPA's
enforcement actions.
Develop policy on
communicating in press
releases and similar
statements the
environmental justice
benefits of EPA's
enforcement actions.
August 31,
2011
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement
19
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vvEPA
• Y"
OECA will report annually on progress in implementing the strategies outlined in
this implementation plan, and will update as necessary, the activities and
deliverables outlined here. For information, please contact Loan Nguyen, 202-
564-4041, Nguyen.Loan@epa.gov; or Eileen Deamer, 312-886-1728,
Deamer.Eileen@epa.gov.
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement 20
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v°/EPA
Agency U.S. Environmental Protection Agency
CAFO Concentrated Animal Feeding Operation
CCRS Criminal Case Reporting System
CVRA Crime Victims' Rights Act
DOJ U.S. Department of Justice
EJGAT Environmental Justice Geographic Assessment Tool
EJSEAT Environmental Justice Strategic Enforcement Assessment Tool
EPA U.S. Environmental Protection Agency
FY Fiscal Year
HUD U.S. Department of Housing and Urban Development
ICIS Integrated Compliance Information System
NEI National Enforcement Initiative
NEJAC National Environmental Justice Advisory Council
NESCA National Enforcement Strategy for Corrective Action
OECA Office of Enforcement and Compliance Assurance
OW Office of Water
RCRA Resource Conservation and Recovery Act
SEP Supplemental Environmental Project
SIT Strategic Implementation Team
Plan EJ 2014: Advancing Environmental Justice Through Compliance and Enforcement
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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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