&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.
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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
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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
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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
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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
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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
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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
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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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