&EPA
United States
Environmental Protection
Agency
Plan EJ 2 014
Progress Report
Plan EJ 2014 is EPA's roadmap for
integrating environmental justice into
its programs and policies.
-------
TABLE OF CONTENTS
MESSAGE FROM THE ADMINISTRATOR i
PLAN EJ 2014 PROGRESS REPORT OVERVIEW l
CROSS-AGENCY FOCUS AREAS 5
Incorporating Environmental Justice Into Rulemaking 7
Considering Environmental Justice in Permitting 1 0
Advancing Environmental Justice through Compliance and Enforcement 1 2
Supporting Community-Based Action Programs 15
Fostering Administration-Wide Action on Environmental Justice 1 8
TOOLS DEVELOPMENT AREAS 23
Science Tools 25
Legal Tools 27
Information Tools 29
Resources Tools 30
PROGRAM INITIATIVES 33
TITLE VI OF CIVIL RIGHTS ACT OF 1964 39
REGIONAL COMMUNITY-BASED ACCOMPLISHMENTS 43
APPENDICES 55
-------
Agency Priorities
Taking action on climate change
Improving air quality
Assuring the safety of chemicals
Cleaning up our communities
Protecting America's waters
Expanding the conversation on
environmentalism and working for
environmental justice
Building strong state and tribal partnerships
Message from the Administrator
Dear Colleagues:
Expanding the conversation on environmentalism and
working for environmental justice have been among my top
priorities since I began serving as Administrator of the U.S.
Environmental Protection Agency four years ago.
All too often, low-income, minority and tribal communities
endure disproportionate health impacts living in areas
overburdened by pollution and face greater obstacles to
economic growth because they cannot attract businesses
and new jobs.
President Bill Clinton in 1 994 issued an executive order
directing all federal agencies to engage in a government-
wide effort and issue strategies to address environmental
justice issues. The EPA in 201 1 updated its environmental
justice strategy and issued Plan EJ 2014, a roadmap to
fully integrate the principles of environmental justice
throughout the agency.
The Plan outlines how each national program and regional office can play a role as we strengthen our
mission to protect the health of all Americans. Through Plan EJ 2014, the EPA is also providing national
leadership on environmental justice issues through its actions and partnerships with other agencies, state
and local governments, and local communities.
This report details our accomplishments in implementing Plan EJ 201 4. We have made significant
progress in areas critical to advancing environmental justice, including rulemaking, permitting,
compliance and enforcement, community-based programs and our work with other federal agencies. In
addition, we have enhanced the critical legal, scientific and information tools that help us meet the
needs of communities in our decision making.
I want to thank the many people, both inside and outside of the EPA, who worked tirelessly to bring
about these accomplishments. The success we have seen is a testament to the vision, creativity and
tenacity of many dedicated individuals. Our efforts will go a long way toward building a foundation
for integrating environmental justice in all EPA programs, policies and daily work.
Every American deserves clean air, water and land in the places where they live, work, play and
learn. Through our implementation of Plan EJ 2014, the EPA is leading by example to expand the
conversation on environmentalism and work for environmental justice - now and into the future. I have
considered it a great privilege to contribute to this effort.
Sincerely,
Lisa P. Jackson
Administrator
U.S. Environmental Protection Agency
Page
-------
Plan EJ 2014 Progress Report
February 2013
Page
-------
PLAN EJ 2014 PROGRESS REPORT
OVERVIEW
For the first time in its 42 year history, the U.S. Environmental Protection Agency (EPA) has laid the cornerstones
for fully implementing its environmental justice (EJ) mission of ensuring environmental protection for all
Americans, regardless of race, color, national origin, income or education. Executive Order (EO) 1 2898,
"Federal Actions to Ensure Environmental Justice in Minority Populations and Low-Income Populations,"
mandates that "each Federal agency shall make achieving environmental justice part of its mission by
identifying and addressing, as appropriate, disproportionately high and adverse effects of its programs,
policies, and activities on minority populations and low-income populations." Through Plan EJ 2014, the EPA
developed a comprehensive suite of basic tools and guidance to integrate EJ in all its programs, policies and
activities.
This report details the progress that the Agency has made in completing its commitments under Plan EJ 2014. It
includes: details on the progress of each Plan EJ 2014 element; information on the Agency's community-based
accomplishments; the status of the implementation of program initiatives; and updates on the progress towards
fulfilling specific commitments, as shown in the deliverable tables.1 This section provides background on Plan EJ
2014, a summary of key accomplishments and discusses next steps.
BACKGROUND
Plan EJ 2014 is the Agency's roadmap for integrating EJ into its programs, policies and activities. It is also the
EPA's overarching strategic plan for implementing Administrator Lisa Jackson's priority on "Expanding the
Conversation on Environmentalism and Working for Environmental Justice." Plan EJ 2014 is meant to mark the
20th anniversary of the signing of Executive Order 1 2898. Its goals are to:
Protect the environment and health in overburdened communities;
Empower communities to take action to improve their health and environment; and
Establish partnerships with local, state, tribal, and federal governments and organizations to achieve
healthy and sustainable communities.
Shortly after Administrator Jackson made EJ an Agency priority in January 2010, the EPA began to engage
overburdened communities throughout the country to hear their concerns. This engagement was done in
coordination with the White House and other federal agencies. During the first-ever White House Forum on
Environmental Justice in December 2010, cabinet secretaries shared their vision for healthier and more
sustainable communities. More than 1 00 community leaders engaged federal officials in a discussion about
federal programs and initiatives intended to promote environmental, health and economic benefits for
overburdened communities. In addition to Administrator Jackson's numerous meetings with local residents and
officials, the EPA and other federal agencies convened 17 community dialogue sessions throughout the country.
The EPA took what it heard and formulated Plan EJ 2014, which identifies the Agency's priorities and objectives
for EJ.
Plan EJ 2014 has three major sections: (1) Cross-Agency Focus Areas, (2) Tools Development Areas and (3)
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 on Environmental Justice; and
Fostering Administration-Wide Action on Environmental Justice.
Plan EJ 2014's Tools Development Areas focus on: (1) Science, (2) Law, (3) Information and (4) Resources. The
EPA developed, and has been carrying out, an implementation plan for each of these areas. The Agency also
developed a draft supplemental plan on Advancing Environmental Justice through Title VI of the Civil Rights Act
of 1 964.
1 I P a g e
1 Appendix A Implementation Plans Deliverable Tables, page 55.
-------
In pursuing the goals of Plan EJ 2014, many EPA programs have taken significant steps to integrate EJ into
their day-to-day work. The EPA has identified five Program Initiatives as models of how the Agency is
integrating EJ into its programs and producing significant benefits for overburdened communities.
The programs or initiatives identified are:
Urban Waters Program, Office of Water;
Pesticide Worker Safety Program, Office of Chemical Safety and Pollution Prevention;
U.S.-Mexico Border 2020 Program, Office of International and Tribal Affairs;
Community Engagement Initiative, Office of Solid Waste and Emergency Response; and
Implementation of Internal Technical Directive on Reviewing EPA Enforcement Cases for Potential
Environmental Justice Concerns, Office of Enforcement and Compliance Assurance.
A hallmark of Plan EJ 2014 is that every EPA program and regional office is taking a leadership role for at
least one cross-agency focus area or tools development area in Plan EJ 2014 (See Table l). This cross-agency
involvement demonstrates how the EPA has made EJ a priority for the entire Agency.
Table 1 - Lead Program and Regional Offices for Plan EJ 2014 Implementation
Rulemaking
Permitting
Enforcement
Community-Based Action
Administration-Wide Action
Science Tools
Legal Tools
Information Tools
Resources Tools
Supplemental Plan: Title VI
OCSPP, OP, OEJ, ORD, Region 9
OAR, OGC, Region 1
OECA, Region 5
OSWER, Regions 2, 3, 4
OW, Region 6
ORD, Region 7
OGC, Region 5
OP, OEI, Regions 3,8,9, 10
OARM
OCR
KEY ACCOMPLISHMENTS
The EPA has made significant progress under Plan EJ 2014, laying a strong foundation for further action to
incorporate EJ into the EPA's decision making processes. Many of these accomplishments are described in detail
in this report. Some key accomplishments include:
EJ LEGAL TOOLS. In December 201 1, the EPA
published Plan EJ 2014: EJ Legal Tools (EJ Legal
Tools), marking a historic milestone for the Agency. It
culminates a lengthy effort, lasting nearly two
decades, to implement the directive of the
Presidential Memorandum accompanying EO 1 2898
that federal agencies use existing environmental
and civil rights statutes to address EJ issues. The
EPA's General Counsel emphasized that
environmental laws "are replete with opportunities
to ensure the fair treatment and meaningful
involvement of all people with respect to the
development and implementation of environmental
requirements and programs."
EJSCREEN. In October 2012, the EPA issued
EJSCREEN for use internally by Agency managers
and staff. EJSCREEN is a screening tool that
provides nationally consistent data and methods for
screening areas of potential EJ concern that may
warrant further consideration, analysis or outreach.
It employs 1 2 environmental indicators plus race
and income. The development of EJSCREEN is a
major step forward for integrating EJ into the
Agency's programs, policies and activities. This will
help EPA managers and staff incorporate EJ
principles into the Agency's activities in a more
accurate, efficient and consistent manner.
Appendix B: Glossary of Lead Program office abbreviations, page 77.
2 | Pag e
-------
DEVELOPING AND IMPLEMENTING EJ INTO RULEMAKING
GUIDANCE. The EPA has undertaken comprehensive
efforts to incorporate EJ considerations into
rulemaking, which is a core Agency function. The
Agency issued the Interim Guidance on Considering
Environmental Justice During the Development of an
Action (Rulemaking Process Guidance) in July 201 0
and completed the Draft Technical Guidance for
Assessing Environmental Justice in Regulatory Analysis
(EJ Technical Guidance) in August 201 2 for internal
review. The Agency's leadership and staff also
intensified their efforts to incorporate EJ in the rule
development process, leading to a dramatic
increase in the number of EJ analyses of EPA rules
between 201 0 and 2012. For example, more than
20 EJ analyses were conducted on average per
year during that period as compared to less than
two per year on average from 1995-2009. Finally,
a cross-agency team recommended ways to
strengthen the Agency's capacity to incorporate EJ
into rulemaking in a comprehensive, proactive and
consistent manner. These recommendations included
ways to promote: (1) more effective and easier
implementation (incorporation) of EJ in rules;
(2) opportunities for meaningful public participation;
and (3) technically correct, consistent and
appropriate EJ analysis. The team also identified
barriers to incorporating EJ into EPA rules and made
recommendations for overcoming them where
appropriate.
CONSIDERING EJ IN PERMITTING. The EPA is creating
the foundation for considering EJ in EPA-issued
permits in a meaningful and consistent manner. The
Agency's regional offices are developing and
implementing regional plans that describe how and
when the regional offices will engage in enhanced
outreach to overburdened communities for priority,
EPA-issued permits. In addition, the EPA compiled
promising practices for permit applicants to
meaningfully engage communities that are likely to
be impacted by permitting activities. These efforts
were informed by extensive engagement with state,
tribal and local governments, business and industry,
environmental groups and communities. The EPA's
efforts are guided by the understanding that clarity
and predictability in the permitting process are key
to promoting meaningful participation of
overburdened communities.
ADVANCING EJ THROUGH COMPLIANCE AND
ENFORCEMENT. The EPA, through its Office of
Enforcement and Compliance Assurance (OECA),
developed and implemented a comprehensive,
proactive and aggressive strategy to integrate EJ
into all aspects of the enforcement life cycle,
including: (1) selecting work and priorities;
(2) targeting and developing cases; (3) identifying
proper remedies; and (4) enhancing community
engagement across the entire enforcement and
compliance program. Using the enforcement life
cycle model, every enforcement office developed
guidance for incorporating EJ into its work. In
addition, OECA developed a systematic approach
to tracking EJ concerns in an enforcement context.
Through these actions, OECA established a high
standard for EJ programmatic integration.
IDENTIFYING PROMISING COMMUNITY-BASED PRACTICES.
In 2012, the EPA conducted an agency-wide
assessment of best practices and lessons learned
from regional implementation of community-based
programs. The EPA committed to replicating and
expanding use of these promising practices, in order
to better reduce environmental risks and promote
healthy, sustainable and livable communities. In
201 3, the Agency will apply these practices to its
ongoing work in overburdened communities where
its efforts and resources currently exist. These efforts
will improve the EPA's collective understanding of
how to harmonize its programs to better support
communities through financial and technical
assistance.
REINVIGORATING THE FEDERAL AGENCY EJ STRATEGIES
AND INTERAGENCY WORKING GROUP (IWG). Federal
agencies moved once again towards fulfilling the
promise of EO 12898, under the leadership of the
White House Council on Environmental Quality
(CEQ) and the EPA. Starting with a cabinet-level
meeting and the first-ever White House Forum on
Environmental Justice, federal agencies
reinvigorated the Interagency Working Group on
Environmental Justice (IWG). The IWG also
conducted 17 community engagement sessions
across the country. In August 2011, seventeen
cabinet members and White House offices formally
recommitted their agencies to EJ by signing a
Memorandum of Understanding on Environmental
Justice and Executive Order 12898 (EJ MOU). In
2012, federal agencies issued agency EJ strategies,
implementation plans and progress reports. The
IWG identified the National Environmental Policy
Act (NEPA), Climate Change, Title VI of the Civil
Rights Act of 1 964, and Goods Movement as
priority issues. In addition, the IWG collaborated
with other federal partnerships, such as the
Partnership for Sustainable Communities, Urban
Waters, and Action Plan to Reduce Racial Ethnic
Asthma Disparities, to produce environmental, health
and economic benefits for overburdened
communities.
3 | Pag e
-------
TITLE VI SUPPLEMENTAL PLAN. The EPA dedicated
considerable resources and implemented tangible
changes to its efforts to implement Title VI of the
Civil Rights Act of 1964. In addition to reducing its
backlog of open investigations by 40 percent, the
Agency is re-evaluating and developing key
analytical and compliance measures under its Title
VI program.
OTHER TOOL DEVELOPMENT EFFORTS. Additional tool
development efforts include: designing the
Community-Focused Exposure and Risk Screening
Tool (C-FERST) and the Tribal-Focused Environmental
Risk and Sustainability Tool (T-FERST); establishing a
National Environmental Justice Advisory Council
(NEJAC) research workgroup; and developing a
community grants information web portal to improve
community access to EPA resources.
CONCLUSION
The EPA has made significant progress in achieving its objectives under Plan EJ 2014. The accomplishments
under Plan EJ 2014 are the result of the hard work and dedication of many EPA leaders and staff in
collaboration with the National Environmental Justice Advisory Council and other important stakeholders. Over
the next year, the EPA will focus on four main areas in furtherance of Plan EJ 2014's goals and milestones.
(1) The EPA will work to complete Plan EJ 2014's objectives (outlined in Appendix A tables) and will
comprehensively review and assess Plan EJ 2014, to prepare for the next steps in 2014 and beyond.
(2) The EPA is transitioning its emphasis from developing tools and guidance to deploying and further
integrating them throughout the Agency's programs, policies and activities. The Executive Management
Council's Environmental Justice Committee, comprised of the Agency's Deputy Assistant Administrators
and Deputy Regional Administrators, will oversee these efforts.
(3) The EPA will further build its internal and external partnerships and relationships, continuing to expand
the conversation on environmentalism in order to fulfill Plan EJ 2014's goals. The Agency will place
special emphasis on partnerships with local communities, state and local governments, tribal governments
and other federal agencies. These partnerships and relationships will represent a continuation of the
EPA's efforts to expand the conversation on environmentalism, more effectively expand partnerships,
build local capacity, and foster health, environmental and economic benefits in overburdened
communities.
(4) The EPA will work with CEQ, other agencies and all EJ stakeholders to commemorate the 20th
anniversary of EO 12898.
The EPA has laid the cornerstones for making environmental justice an integral and permanent part of its day-
to-day business and decision-making processes. Building on Plan EJ 2014's accomplishments outlined in this
Progress Report, the EPA will continue to expand the use of its tools and lessons learned to see more results on
the ground in communities. Our future goals and efforts will proceed with greater clarity of purpose, more
effective program integration, more collaborative internal and external partnership building and better
environmental and health outcomes for low-income, minority and tribal populations. The EPA invites all
stakeholders to join us in celebrating the strides that have been made and improving the Agency's work as we
continue to advance a new era of environmental justice beyond 2014.
4 | P a g e
-------
CROSS-AGENCY FOCUS AREAS
INCORPORATING ENVIRONMENTAL JUSTICE INTO RULEMAKING
CONSIDERING ENVIRONMENTAL JUSTICE IN PERMITTING
ADVANCING ENVIRONMENTAL JUSTICE THROUGH COMPLIANCE AND ENFORCEMENT
SUPPORTING COMMUNITY-BASED ACTION PROGRAMS ON ENVIRONMENTAL JUSTICE
FOSTERING ADMINISTRATION-WIDE ACTION ON ENVIRONMENTAL JUSTICE
Plan EJ 2014 Progress Report 5 | P a g e
-------
This Page Intentionally Left Blank
6 | Page
Plan EJ 2014 Progress Report: Cross-Agency Focus Areas
-------
INCORPORATING ENVIRONMENTAL JUSTICE INTO
RULEMAKING
Effectively protect human health and the environment for overburdened
populations by developing and implementing guidance on incorporating
environmental justice into EPA's rulemaking process.
STRATEGIES
1. Finalize the Interim Guidance on Considering Environmental Justice During the Development of an Action.
1. Facilitate and monitor implementation of guidance on incorporating environmental justice into rulemaking.
3. Develop technical guidance for assessing environmental justice in regulatory analysis.
The EPA has undertaken a comprehensive effort to incorporate environmental justice (EJ) considerations into its
core rulemaking function. The Agency started by issuing the Interim Guidance on Considering Environmental
Justice During the Development of an Action (EJ Rulemaking Process Guidance) in July 2010. It also completed
the Draft Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (EJ Technical Guidance)
in August 2012 for internal review. Whereas the EJ Rulemaking Process Guidance provides information on
when EJ should be considered during the development of a rule, the EJ Technical Guidance begins to address
the issue of how to analytically consider EJ. Agency leadership and staff intensified their efforts to
incorporate EJ in the rule development process. As a result, the number of EJ analyses of EPA rules increased
dramatically between 2010 and 201 2, with more than 20 EJ analyses on average per year during that
period as compared to less than two per year on average from 1995-2009. Finally, the EPA convened a
cross-agency team of representatives from each major program to assess and make recommendations on
incorporating EJ into the Agency's rulemaking process. The EPA is reviewing the team's recommendations for
strengthening the Agency's capacity to incorporate EJ into rulemaking in a comprehensive, proactive and
consistent manner.
KEY ACCOMPLISHMENTS
DEVELOPMENT OF RULEMAKING GUIDANCE
Process Guidance. The issuance of the EJ
Rulemaking Process Guidance represented a key
accomplishment for the EPA. It conveyed the
Agency's commitment to consider EJ concerns in the
rulemaking process for the first time. The EJ
Rulemaking Process Guidance is a step-by-step
guide that helps agency staff identify the
appropriate EJ considerations at key points in the
rulemaking process. It also helps agency managers
and staff determine the best opportunities for early
and meaningful public participation in the
rulemaking process.
Technical Guidance. The EJ Technical Guidance,
which is currently in draft form, will be used by
agency staff in conducting analyses to evaluate
potential EJ concerns associated with EPA regulatory
actions and other assessments, thereby significantly
advancing the Agency's ability to ensure that EJ is
adequately considered in all Agency decisions. The
document provides a list of questions to guide the
assessment of EJ considerations and a set of
recommendations to ensure consistency and quality
across assessments of potential EJ concerns in
regulatory analyses. Significant emphasis is placed
on considering EJ concerns during the planning and
scoping phase of a regulatory analysis. Finally, the
draft EJ Technical Guidance provides direction on
how to assess the distribution of environmental or
health effects across population groups of concern.
The development of the EJ Technical Guidance was
truly a One EPA effort, involving technical experts
from many EPA program and regional offices. It
incorporates best practices from the Agency's
experiences.
DEVELOPING ENVIRONMENTAL JUSTICE
ANALYSIS FOR RULES
Definition of Solid Waste. The draft EJ analysis for
the Definition of Solid Waste (DSW) Rule,
completed in June 2011, provides an example of
how the EPA used data on community health
vulnerabilities and environmental impacts to support
a proposed rule revision that would prevent and
mitigate adverse environmental and health impacts
that disproportionately affect minority and low-
income populations. This analysis made qualitative
connections between the increased vulnerability
factors (relating to increased exposure and
increased susceptibility) and the likelihood that
populations impacted by the rule, which include
minority and low-income populations, would face
increased risk of negative health and environmental
1
to
o
O
O
TV
m
CO
CO
O
Z
n
O
TV
-o
O
TV
O
O
~z.
m
2
co
^
n
o
TV
A
~Z-
O
7 | Pag e
-------
o
z
LLJ
O
to
O
O
z
O
O-
C^
O
u
z
tO
to
LLJ
Cki
8
Q-
^
O
CN
outcomes. The vulnerability factors considered in the
DSW analysis included: (1) multiple and cumulative
effects; (2) ability to participate in the decision-
making process; (3) physical infrastructure; (4)
susceptible populations; and (5) unique exposure
pathways. The analysis concluded that the
underlying vulnerabilities traditionally associated
with minority and low-income communities may be
exacerbated by potential adverse environmental
impacts of the DSW Rule.
Mercury and Air Toxics Rule. On December 16,
2011, the Agency finalized its National Emissions
Standards for Hazardous Air Pollutants (NESHAP)
from coal and oil-fired electric utility steam
generating units (EGUs), also known as power
plants. This final rule contained an extensive
evaluation of EJ. Section 1 12(n) (1) (A) of the Clean
Air Act requires the EPA to conduct a study to
evaluate whether it is "appropriate and necessary"
to regulate power plants under the Agency's
authority. The primary risk analysis to support the
finding that this rule is appropriate and necessary
included an analysis of the effects of mercury (Hg)
from power plants on people who rely on
freshwater fish they catch as a regular and frequent
part of their diet.
A significant portion of the data in this analysis was
compiled from communities that included: (1) White
and Black populations (including female and poor
strata) surveyed in South Carolina; (2) Hispanic,
Vietnamese, and Laotian populations surveyed in
California; and (3) Great Lakes tribal populations
(Chippewa and Ojibwe) active on ceded territories
around the Great Lakes. The specific fish
consumption patterns of several different groups
with EJ concerns were fundamental to the EPA's
assessment of the underlying risks that make this
final rule appropriate and necessary; and the
analysis of the benefits of reducing exposure to Hg
and other hazardous air pollutants.
PUBLIC PARTICIPATION DURING DEVELOPMENT AND
IMPLEMENTATION OF RULES
Proposed Rules to Implement Formaldehyde
Standards for Composite Wood Products. In
developing two proposed rules to implement the
Formaldehyde Standards for the Composite Wood
Products Act, or Title VI of the Toxic Substances
Control Act, the EPA augmented the issuance of
advanced notice of proposed rulemaking with six
public meetings. The Agency conducted meetings in:
Research Triangle Park, North Carolina; Portland,
Oregon; Chicago, Illinois; Dallas, Texas;
Washington, D.C.; and New Orleans, Louisiana.
Formaldehyde emissions from composite wood
products used in temporary housing specifically
impacted minority and low-income populations
following the disaster relief response to hurricanes
Katrina and Rita in 2005. Some of the trailers
provided by the federal government contained
levels of elevated formaldehyde emissions which
leads to adverse health effects such as sensory
irritation in some individuals. Most minority and low-
income stakeholders were in support of the EPA
adopting formaldehyde emissions standards.
Collision Repair Campaign. To implement the
NESHAP-Paint Stripping and Miscellaneous Surface
Coating. Subpart HHHHHH. the EPA established the
Collision Repair Campaign (CRC), a voluntary
program between the EPA and communities
designed to reduce and eliminate harmful air toxics
from collision repair shops across the nation. The
program provides free training, technical assistance
and community outreach to local collision auto repair
shops. Collision repair shops are fixtures in many
neighborhoods across America, from rural
communities to densely populated urban areas. The
total number of known shops across the United
States has increased to well over 60,000 with more
operating under the radar. These shops contribute
significant emissions of volatile organic compounds,
particulate matter, and other toxins. The damaging
effects of this pollution include various respiratory
illnesses, such as lung cancer and asthma.
CROSS-AGENCY EJ IN RULEMAKING TEAM
To further assist with the integration of EJ
considerations into Agency rulemaking, the EPA
created a cross-agency team of representatives
from each major program to advance the Agency's
learning on how to more effectively address EJ
concerns in rules. The team consisted of rule writers,
managers and EJ program leads from across the
8 | Pag e
-------
Agency. They identified existing resources, tools
(lessons learned and best practices) and
recommended improvements in implementation
approaches that would support rulemaking teams
when addressing the many process and technical
challenges the Agency faces when incorporating EJ
considerations into rules.
The cross-agency team formed four sub-teams to
evaluate and make recommendations for the
following main areas concerning EPA's rulemaking
process:
Effective and easier implementation
(incorporation) of EJ in rules;
Providing opportunities for meaningful public
participation;
Technically correct, consistent and appropriate
EJ analysis; and
Recommendations for overcoming barriers to
incorporating EJ into EPA rules, where
appropriate.
The team also identified ways in which management
and rule development teams could overcome both
internal and external barriers to obtaining EJ results
in rules or rule implementation. While the EPA has a
strong foundation of lessons learned and best
practices, including internal guidance to build on,
addressing these challenges will be an ongoing task.
Fostering Community Engagement
in Air Rules
The EPA has stepped up its efforts to engage
overburdened communities in its rulemaking
process. One example is the increased
outreach and capacity building by the Office
of Air Quality Planning and Standards
(OAQPS). Community engagement activities o
the part of OAQPS are important because so
many of the rules that the EPA promulgates
relate to air issues. During the past two years,
OAQPS conducted bimonthly community calls
to provide information on upcoming activities. It
held training webinars for communities on
many rules, including the NESHAP for the Pulp
and Paper Industry, the Mercury and Air Toxics
Standards for power plants, the NESHAP for
Petroleum Refineries, New Source Performance
Standards for Residential Wood Heaters, and
the NESHAP for Chromium Electroplating
Operations. OAQPS also assisted tribes and
communities with various implementation-
related activities, like compliance modeling, f
various National Ambient Air Quality
Standards. Finally, OAQPS helped to lead
national EJ training conferences in San
Francisco, California; New Orleans, Louisiana
and Detroit, Michigan. The community calls,
webinars and training conferences were very
effective in engaging many different
community groups.
m
TV
O
o
TV
m
CO
CO
o
TO
n
o
TV
-a
O
TV
z
O
m
Z
<
TV
O
z
co
^
n
m
Z
O
TV
c
Z
0
9 | Pag e
-------
O
u
I
=>
I
<
-7.
O
O
at
LLJ
Q
O
u
at
O
CL-
IO
LO
O
O
O
CN
CONSIDERING ENVIRONMENTAL JUSTICE IN
PERMITTING
Enable overburdened communities to have full and meaningful access to the
permitting process and develop permits that address environmental justice issues to
the greatest extent practicable under existing environmental laws.
STRATEGIES
1. Develop tools that will enhance the ability of overburdened communities to participate fully and meaningfully in
the permitting process.
2. Assist permitting authorities to meaningfully address environmental justice issues in permitting decisions to the
greatest extent practicable.
The EPA is creating the foundation to meaningfully and consistently consider environmental justice (EJ) in the
permitting process. Through these actions, the EPA is affirming that it has a leadership role in the area of EJ
and permitting, and must lead by doing. For this reason, the Agency is focusing on EPA-issued permits. With
input from numerous stakeholders, the EPA published its implementation plan for addressing EJ in permitting.
Consistent with its plan, the EPA has carried out efforts to enable overburdened communities to have full and
meaningful access to the permitting process and to ensure that the Agency develops permits that address EJ
issues to the greatest extent practicable. Over the last year, the EPA has continued to engage state, tribal
and local governments, business and industry, environmental groups and communities to shape the direction
of its efforts. The EPA believes that clarity and predictability in the permitting process are key to promoting
meaningful participation of overburdened communities. To that end, the Agency's regional offices are
developing and implementing regional plans which describe how and when they will engage in enhanced
outreach to overburdened communities for EPA-issued permits. Recognizing that permit applicants also have
a role in promoting the participation of overburdened communities in the permitting process, the EPA is
encouraging permit applicants to engage in enhanced outreach as well. The Agency compiled promising
practices for permit applicants to meaningfully engage communities likely to be impacted by their permitted
activities. In parallel, the Agency continues to examine how to better address substantive EJ concerns
pursuant to existing environmental laws in the permits it issues.
KEY ACCOMPLISHMENTS
REGIONAL ACTIONS TO PROMOTE MEANINGFUL
ENGAGEMENT IN THE PERMITTING PROCESS. On June
26, 2012, the EPA proposed Actions that EPA
Regional Offices Can Take to Promote Meaningful
Engagement in the Permitting Process by
Overburdened Communities. Recognizing that most
permitting activities at the Agency take place in the
regions, the proposal creates a framework that
regions can use to identify permits for enhanced
public engagement. The framework fosters national
consistency while allowing for appropriate regional
flexibility. All ten EPA regional offices will develop,
implement and make publicly available regional
implementation plans that address: (1) each region's
process for prioritizing permits for enhanced public
engagement opportunities; and (2) examples of the
activities each region may undertake to provide
enhanced public engagement opportunities. For
each element of the plan, regional offices will have
the flexibility to develop strategies that are tailored
to the unique needs of communities in their region.
The EPA will be better positioned to provide
enhanced public engagement opportunities for EPA-
issued priority permits as a result of these efforts.
PERMITTING PRACTICES FOR APPLICANTS SEEKING
EPA-ISSUED PERMITS. On June 26, 2012, the EPA
published its Draft Best Practices for Permit
Applicants Seeking EPA-issued Permits: Ways to
Engage Communities at the Fence-Line. The proposal
encourages permit applicants to engage
communities that will likely experience environmental
and health impacts from proposed permitting
actions. By engaging the host communities, permit
applicants can help build trust, promote a better
understanding in the community of the facility's
impacts, foster realistic expectations and help build
strong partnerships that can lead to better results
for all parties. Many times, the permit applicant and
the affected community are in the best position to
determine what engagement strategy will work best
for their particular circumstances. To support these
10 | P a g e
-------
partnerships, the proposal offers a range of
activities that can be employed throughout the
permitting process. In addition to building community
support for the project, there are other important
benefits that result from engaging neighboring
communities, including avoiding costly delays in the
permitting process and negative publicity among
peers.
CASE STUDIES OF PERMITS WITH ENVIRONMENTAL
JUSTICE ISSUES. The EPA has and will continue to
examine permits with EJ issues to identify ways to
address them in permitting decisions. The examples
of permits below underscore the importance of
meaningfully integrating EJ considerations into the
permitting process and will inform EPA's efforts in
this area.
The Pioneer Valley Energy Center received a
Prevention of Significant Deterioration (PSD)
permit under the Clean Air Act for a proposed
431 megawatt power plant in Westfield,
Massachusetts. In response to EJ concerns raised
by the local community, the permit applicant and
EPA Region 1 office provided enhanced public
engagement opportunities to the community. EPA
Region 1 also conducted an additional EJ
analysis. After assessing the entire record,
including input from EJ advocates, the EPA
included additional protective permit conditions,
which restricted certain higher-polluting
secondary operations (combusting ultralow sulfur
diesel in the main turbine and testing emergency
equipment) on days with poor air quality,
thereby improving the environmental outcomes
associated with the permit.
EPA's Region 10 office reissued the National
Pollutant Discharge Elimination System (NPDES)
General Permit for oil and gas exploration,
development and production facilities located in
state and federal waters in Cook Inlet, Alaska.
During the development of the permit, the
Agency worked with the federally recognized
tribal governments of the Cook Inlet region to
collect traditional knowledge information to assist
the EPA in understanding the linkage between oil
and gas exploration, development and
production in Cook Inlet and tribal subsistence
use areas and resources. Seven tribes within the
Cook Inlet area participated in this effort. Tribal
leaders, tribal members, and subsistence hunters
were identified as spokespersons by their tribal
governments. They expressed consistent
observations, concerns and questions based on an
informed traditional understanding of the Cook
Inlet aquatic environment. The EPA utilized the
traditional observational data in the reissuance
of the Cook Inlet NPDES General Permit. The
traditional knowledge, coupled with data
evaluation, supported the EPA's development of
additional permit requirements and monitoring
programs to address data gaps and to ensure
the discharges are properly controlled.
TV
O
o
TV
m
CO
to
o
n
O
O
m
Z
o
z
m
5
Outreach to and Involvement of Key Stakeholders in the Permitting Process
The EPA engaged in an expansive effort to gather input from key stakeholders to shape its
proposals on promoting participation of overburdened communities in the permitting process.
Before and after the proposals were published in the Federal Register for public comment, the
EPA conducted numerous dialogue sessions, conference calls and meetings with its EJ
stakeholders including communities; state, local and tribal governments; business and industry;
non-governmental organizations; and the NEJAC. The EPA also conducted tribal consultation
on the draft proposals. In addition, the EPA worked with its own staff, utilizing their ideas and
experience on how to meaningfully involve overburdened communities in the permitting
process. The input gathered by the EPA through its extensive outreach efforts provided the
foundation for the proposals.
co
n
"O
m
TV
O
11 I Pag e
-------
LLJ
U
cxi.
o
Q
Z
<
LU
U
O
u
i
O
=>
O
ex
I
U
h-
to
Z
O
>
z
LJJ
O
z
u
z
ex.
O
Q-
O
o
ex
o
CN
ADVANCING ENVIRONMENTAL JUSTICE THROUGH
COMPLIANCE AND ENFORCEMENT
Fully integrate consideration of environmental justice concerns into the planning and
implementation of the Office of Enforcement and Compliance Assurance's program
strategies, case targeting strategies, and development of remedies in enforcement
actions to benefit overburdened communities.
STRATEGIES
1. Advance environmental justice goals through selection and implementation of National Enforcement Initiatives.
2. Advance environmental justice goals through targeting and development of compliance and enforcement actions.
3. Enhance use of enforcement and compliance tools to advance environmental justice goals in regional geographic
initiatives to address the needs of overburdened communities.
4. Seek appropriate remedies in enforcement actions to benefit overburdened communities and address environmental
justice concerns.
5. Enhance communication with affected communities and the public regarding environmental justice concerns and its
distribution.
The Office of Enforcement and Compliance Assurance (OECA) has developed a comprehensive approach that
considers environmental justice (EJ) concerns at every stage of the enforcement and compliance life cycle,
from setting priorities and planning investigations to resolving enforcement actions. In 2010-201 2, OECA
further integrated consideration of EJ concerns into the standard practices of all enforcement and compliance
programs through internal guidance and policy. Examples of such documents and practices include: an
updated Model Litigation Report Guidance for civil judicial case referrals; criminal case reporting and tiering
systems modifications; technical revisions to OECA's civil enforcement case tracking database to track review
of new cases for potential EJ concerns; a policy on integrating EJ concerns in assessments for criminal
investigations; using EJSEAT, an internal enforcement assessment tool, to screen open criminal investigations;
incorporating EJ as a priority in the National Enforcement Strategy for RCRA Corrective Action; issuing a
memo from the Assistant Administrator to encourage OECA to fully utilize EPA authorities under NEPA and
Section 309 of the Clean Air Act to enhance efforts to take EJ into account in their NEPA work; and guidance
on communicating the EJ benefits of enforcement and compliance actions. OECA will continue to develop tools
to further enhance consideration of EJ in the enforcement and compliance context. OECA's goal in 201 3 is to
successfully transition to EJSCREEN (information screening tool), develop more specific internal guidance on
identifying and integrating EJ concerns, and provide additional training to enforcement staff. The
accomplishments illustrated here have established a foundation for OECA to build upon as it raises EJ
program integration to the next level.
KEY ACCOMPLISHMENTS
EXAMPLES OF THE BENEFITS TO OVERBURDENED
COMMUNITIES RESULTING FROM EPA ENFORCEMENT
ACTIONS. Every three years, OECA selects a limited
number of National Enforcement Initiatives that
address high priority, national environmental and
compliance problems through concentrated,
nationwide enforcement efforts. The National
Enforcement Initiatives selected for 2011 -201 3
aggressively go after pollution problems that make
a difference to communities, placing a high priority
on benefits to communities. For example, the EPA
prioritized enforcement actions at municipal sewer
systems with Clean Water Act violations to reduce
pollution and volume of stormwater runoff and to
reduce unlawful discharges of raw sewage that
degrade water quality in communities. Settlement of
these actions often prioritizes remedial action in
overburdened communities and require green
infrastructure projects that have important co-
benefits for communities. See, e.g., Northeast Ohio
Regional Sewer District Clean Water Act
Settlement/NEORSD-Cleveland (prioritizing work in
overburdened communities and transforming
abandoned unused land into green space and
recreational areas); City of Memphis. Tennessee
Sanitary Sewer Overflow Settlement (priority
assessment and rehabilitation activities considered
proximity to overburdened communities).
12 | Pag e
-------
In addition, when targeting facilities or geographic
areas for enforcement and then developing and
resolving enforcement cases, OECA screens for
potential EJ concerns and looks for opportunities to
implement our enforcement activities to benefit
communities. For example, in the National Tribal
Schools Settlement. Agency inspections indentified
several hundred alleged violations under several
environmental statutes. This settlement improved
conditions at 1 64 schools and 27 water systems
across eight regions.
The EPA has also targeted petroleum refineries,
which are often located in or near overburdened
communities. Through the EPA's National Petroleum
Refinery Initiative, the Agency has achieved
enormous pollution reductions and other community
benefits. See, e.g., Marathon Petroleum Company
(reduces air pollution from flaring at all six of the
company's petroleum refineries, and includes a
project at the Detroit refinery to remove additional
tons per year of VOCs and benzene by requiring
the installation of controls on sludge handling tanks
and equipment); BP Whiting [$400 million in
pollution controls and a fence-line monitoring
Supplemental Environmental Projects (SEPs)]; Murph)
Oil (as part of the settlement, the company agreed
to many activities and projects advocated by the
communities including holding public meetings and
constructing a monitoring station to collect data in
the community around the Louisiana facility).
Other examples include a settlement with a multi-
facility power plant company, Tennessee Valley
Authority, which in addition to obtaining $27 billion
in annual health benefits, requires the company to
pay $350 million in environmental projects that will
reduce exposure to harmful pollution and lower
energy costs for low-income communities. In another
case, the EPA consulted with a local tribe and
communities impacted by illegal water pollution,
resulting in a requirement that the Orval Kent Foods
facility restock fish in the affected waters.
The EPA's criminal enforcement program also looks
for opportunities to benefit overburdened
communities. For example, as part of the plea
agreement with the Pelican Refining Company.
Pelican will pay $1 2 million in criminal penalties,
including $2 million in community service payments
to environmental projects in Louisiana and air
pollution monitoring. As part of the sentence in
Southern Union for illegal mercury storage, an $11
million endowment fund will provide grants in the
fields of environmental education, environmental
remediation, conservation and children's health
issues.
The EPA also takes community concerns into account
as part of its cleanup enforcement program. In the
Allied Waste of Puerto Rico case, with the cleanup
of a former landfill that included residences, the
case team performed additional outreach during
negotiations and invited the community to comment
on the development of the Institutional Control
Implementation and Assurance Plan. Similarly, when
working on the Parker Street Waste Site case, the
EPA convened several meetings to engage the
community around EJ issues. In response to
community concerns about the possibility of
contamination on residential properties as result of
the burning of hazardous wastes at a dump in the
area, the Agency obtained access to residential
parcels, which included low-income housing
developments, to conduct soil sampling.
THE COMPLEXITIES OF MEASURING THE EJ BENEFITS OF
ENFORCEMENT ACTIONS. Every year, the Agency's
enforcement actions stop or prevent the release of
hundreds of millions of pounds of illegal pollution
into the environment. Enforcement actions also clean
up many pounds of pollution that have been
released into the environment. However, describing
the benefits to any given community that may result
from an EPA enforcement action is complex. Even
where a community benefits from an enforcement
action that stops illegal pollution from a facility
located in the community, these benefits are difficult
to measure in detail. Moreover, a community may
benefit from an enforcement action brought against
a facility located far away (due to long range
4x
"O
O
o
TV
m
CO
CO
"O
o
TV
n
o
m
Z
O
co
I
n
I
TV
O
d
o
n
O
n
m
>
Z
O
TV
n
13 I Pag e
-------
z
LJJ
^
LJJ
U
CX
O
LJ-
z
LJJ
LJJ
U
Z
O
u
O
ID
O
ex
I
u
<
z
LJJ
Z
O
2
LJJ
O
z
u
z
<
a
O
0-
to
to
LJJ
cx
O
O
Q.
^r
o
CN
z
<
a!
transport of the pollution), a case preventing illegal
imports (e.g., mislabeled pesticides or uncertified
engines) from ever reaching U.S. soil or from the
deterrent effects of enforcement cases. The EPA
obtains benefits not only from bringing a
noncompliant facility into compliance, but also from
mitigation activities or SEPs.
In addition, some cases may address violations of
monitoring, recordkeeping or reporting
requirements. While enforcing these requirements
may not directly reduce pollution levels, it will
enhance the information available about the
facility's emissions and often leads to pollution
reductions in the long run. In addition, a successful
enforcement action may result in improved
communication between a facility and the community
or may deter other facilities from violating
environmental laws.
The above discussion and case examples
demonstrate that a community can see many
different types of benefits from the EPA's
enforcement actions, some of which are more
tangible than others. Thus, while describing the
correlation between pollution reduction statistics and
the impact of those reductions on overburdened
communities is an important element in Agency's EJ
work, it is not an easy concept. Even in the absence
of precise data, OECA tries to be as transparent as
possible about the Agency's work, communicating
the benefits that result from enforcement actions in
informative statements about the pollutants reduced
and their connection to at-risk populations.
14 | P a g e
-------
SUPPORTING COMMUNITY-BASED
ACTION PROGRAMS
Strengthen community-based programs to engage overburdened communities
and build partnerships that promote healthy, sustainable and green communities.
STRATEGIES
1. Advance environmental justice principles by building strong state and tribal partnerships through the National
Environmental Performance Partnership System and the National Program Manager guidance.
2. Identify scalable and replicable elements of successful Agency community-based programs and align multiple EPA
programs to more fully address the needs of overburdened communities.
3. Promote an integrated One EPA presence to better engage communities in the Agency's work to protect human
health and the environment.
4. Foster community-based programs modeled on the Community Action for a Renewed Environment principles.
5. Explore how EPA funding, policies, and programs can inform or help decision makers to maximize benefits and
minimize adverse impacts from land use decision making, planning, siting and permitting.
6. Promote equitable development opportunities for all communities.
The EPA has worked to improve the effectiveness of its community-based programs through better
information access, coordination and leveraging. Through this process, the Agency hopes to make
"community" an organizing principle for our work. To implement this principle, the EPA is currently doing
the difficult foundational work of internally aligning and coordinating its community-based programs. The
results will enable the EPA, particularly its regional offices, to more effectively expand partnerships, build
local capacity, and foster health, environmental and economic benefits in overburdened communities. This
effort will also help the EPA align programs and investments with those of other federal agencies, state,
local, and tribal governments and other stakeholders. These efforts will systematically improve the ability
of the Agency's community-based programs to provide benefits to overburdened communities.
KEY ACCOMPLISHMENTS
IDENTIFYING AND REPLICATING PROMISING
PRACTICES
Under Plan EJ 2014, the EPA made a commitment to
replicate and expand use of promising practices
from its multi-media community-based programs to
improve their efficiency and effectiveness for
reducing environmental risks and promoting healthy,
sustainable and livable communities, especially
among overburdened populations. This effort seeks
to improve the EPA's collective understanding of how
to harmonize its programs to strengthen agency
support for communities through its grants and
technical assistance programs. In 2012, the EPA
conducted an agency-wide assessment of promising
practices and lessons learned from regional
implementation of community-based programs.
Senior Agency officials reviewed the assessment and
produced recommendations for future community
program development. In 201 3, the Agency will
implement these practices and recommendations in
overburdened communities where the Agency's
efforts and resources currently exist.
NATIONAL ENVIRONMENTAL PERFORMANCE
PARTNERSHIP SYSTEM AND EPA NATIONAL
PROGRAM MANAGER GUIDANCE
The EPA is advancing environmental justice principles
by building strong state and tribal partnerships
through the National Environmental Performance
Partnership System (NEPPS) and National Program
Manager (NPM) guidance. NEPPS guidance is a
performance-based system of environmental
protection designed to improve the efficiency and
effectiveness of state-EPA partnerships. NPM
guidances are issued annually by EPA program
offices to provide the Agency's ten regional offices,
states and tribes with direction on annual
programmatic priorities and implementation
strategies. In recent years, the EPA has recognized
EJ issues in its NEPPS and NPM guidances. This will
increase focus on overburdened communities when
the EPA or states address environmental and human
health concerns. It will also advance the
Administrator's priorities on EJ and children's health
through state, tribal and grant work plans.
>
(0
o
70
O
O
70
m
an
co
TO
o
TO
co
c
o
TV
~7L
O
n
-<
en
co
m
O
O
I
O
"O
70
O
O
15 | Pag e
-------
LAND USE
EQUITABLE DEVELOPMENT
to
o
O
o
h-
u
Q
LJJ
to
CD
O
U
O
o
Q-
O-
=>
to
O
Q-
to
to
LJJ
O
o
Q-
"*
o
CN
<
CL.
Under Plan EJ 2014, the EPA has begun to explore
how Agency funding, policies and programs can
inform or help decision makers maximize benefits
and minimize adverse impacts when considering
current land uses in decision making, planning, siting
and permitting. A Plan EJ 2014 workgroup used
input from various stakeholder efforts to develop a
document on successful land use practices and a
pilot training course on land use planning as it
relates to Agency policies and programs. The EPA
has also requested that the Local Government
Advisory Council review and provide feedback on
these products. The Agency will continue to engage
stakeholders in finalizing the document and the
training course.
ONE EPA CONFERENCE STRATEGY
To be responsive to stakeholder requests, the EPA
created a One EPA Conference Strategy. This
strategy was piloted at several non-EPA conferences
in an effort to respond to inquiries from different
stakeholder groups on issues related to the Agency's
policies and programs. It is a challenge for
stakeholders to maneuver through multiple
environmental issues and have their questions
answered in a timely manner. This approach is a
collaborative effort among the Agency's programs
to present information across multiple concerns. It
will prove helpful in coordinating EPA responses to
stakeholders in a consistent and unified way.
The EPA has identified a number of resources,
offered by the EPA and other agencies that can
help communities positively impact human health and
the environment. The Agency will compile existing
financing and technical assistance vehicles into a
public community resource guide. The goal of this
guide is to promote more equitable development
opportunities to overburdened communities by
providing tailored information on the EPA and other
agency resources. In addition, the EPA has provided
training and planning tools on equitable
development for overburdened communities. The
Agency sponsors an annual training workshop on
equitable development associated with the New
Partners for Smart Growth Conference. It also
developed the resource document, Creating
Equitable, Healthy, and Sustainable Communities:
Strategies for Advancing Smart Growth.
Environmental Justice, and Equitable Development.
COMMUNITY BASED ACCOMPLISHMENTS
The EPA's various community-based programs have
produced significant benefits for overburdened
communities. We have provided examples of these
efforts in the Regional Community-Based
Accomplishments section of this report. (See Page 43)
Environmental Justice Community
Outreach Calls
To implement Administrator Jackson's priority on
Expanding the Conversation on Environmentalism
and Working for Environmental Justice, starting in
2010, the EPA began conducting quarterly EJ
community outreach calls. These calls are intended to
provide information to participants about the
Agency's EJ activities and maintain an open
dialogue with communities. All of the calls are open
to the public and convened with an agenda based
upon suggestions from the public. The topics covered
vary and have included discussions on Plan EJ 2014,
Superfund, proposed rules, woodstoves, major
disasters, climate adaption, technical assistance and
grant funding. Calls have been conducted at various
times of the day to accommodate working families.
As the Agency continues to advance Plan EJ 2014, it
hopes these calls will better inform the public about
the EPA's work and enhance communities'
opportunities to obtain better access to federal
programs.
16 | Pag e
-------
I
TYPES OF COMMUNITY-BASED WORK
The EPA has a multitude of programs that impact communities. These community-based programs often
interact with communities in different ways and for different reasons. The Agency has learned that it is
important to distinguish among its various roles when engaging with communities. The following list
describes the EPA's roles and objectives in the various types of community-based work performed by
the Agency. There are several distinctive categories of agency work that engage and support -o
communities in addressing environmental issues. They can be categorized as follows: >
z
I. Regulatory Decisions. The primary function of the EPA's engagement with local communities in m
this context is to implement the following responsibilities, programs and initiatives. ^
o
A. The EPA's regulatory responsibilities such as the cleanup of contaminated land or the permitting of ^
hazardous waste operations. Community engagement during projects or processes in these ^
program areas may include: developing community involvement plans; supporting the Q
creation of community advisory committees; conducting public meetings and educational Q
workshops; planning forums and other outreach activities throughout the course of the project. m
Examples of regulatory programs include: Superfund cleanups; enforcement and compliance ^
assurance activities; and National Pollutant Discharge Elimination System (NPDES) permitting.
B. Special programs and initiatives created by statutory/regulatory programs to target specific Q
issues or areas of concern in a community. These special programs and initiatives build upon ^
statutory/regulatory activities and are developed to focus efforts to address a specific area ^
or issue to advance the statutory/regulatory goal. Activities have included: grants to focus on c
planning for multiple sites and locally based educational efforts; and grants and contracts to -o
assist meaningful engagement in cleanup processes. Examples of special regulatory §
programs include: Brownfield Area-Wide Planning Grants; Community-Based Childhood
Asthma Program; targeted enforcement initiatives; Superfund Technical Assistance Grants; Q
and the Technical Assistance Services for Communities contract. n
II. Coordination of activities among various statutory/regulatory programs. Frequently, multiple 5
EPA programs are simultaneously active in a community. The coordination among programs varies. ^
However, it is the goal of the Agency to deliver these programs as One EPA. Examples include: z
coordinating community outreach for Combined Sewer Overflow implementation; Total Maximum ^
Daily Load development and Superfund sediment cleanup in the same watershed; and developing ^
Supplemental Environmental Projects for enforcement actions in regulatory programs. -Jj
m
O
III. Grant and pilot programs designed to help communities develop their own place-based >
solutions to environmental issues. These activities are targeted toward helping communities Q
develop place-based solutions and strategies. The activities are typically independent of O
regulatory programs and are accomplished through the award of grants and other funding or
technical assistance. Examples include: Community Action for a Renewed Environment; ^
Environmental Justice Small Grants; Sustainable Communities and Smart Growth; O
AsthmaCommunityNetwork.org; and Urban Waters Grants. ^
>
The EPA is examining how we can more effectively collaborate through our community-based work in en
each of these categories.
17 | Pag e
-------
u
i
co
O
z
O
h-
u
ex.
I
co
Z
:
[FOSTERING ADMINISTRATION-WIDE ACTION ON
! ENVIRONMENTAL JUSTICE
Facilitate the active involvement of all federal agencies in implementing Executive
. Order 12898 by minimizing and mitigating disproportionate, negative impacts while
fostering environmental, public health, and economic benefits for overburdened
communities.
^^^^^
STRATEGIES:
1. Assist other federal agencies in integrating environmental justice into their programs, policies, and activities.
2. Work with other federal agencies to strengthen use of interagency legal tools (i.e., National Environmental Policy Act and
Title VI of the Civil Rights Act of 1964).
3. Foster healthy and sustainable communities, with an emphasis on equitable development and place-based initiatives.
4. Strengthen community access to federal agencies.
During the past two years, federal agencies have made significant progress towards fulfilling the promise of
Executive Order (EO) 12898 under the leadership of the EPA and the Council on Environmental Quality
(CEQ). Starting with a cabinet-level meeting and the first-ever White House Forum on Environmental Justice,
federal agencies reinvigorated the Interagency Working Group on Environmental Justice (IWG). In August
2011, seventeen cabinet members and White House offices signed the Memorandum of Understanding on
Environmental Justice and Executive Order 12898 (EJ MOD), which formally recommitted their agencies to
environmental justice (EJ) and established priorities, structures and procedures for the IWG. In keeping with a
commitment to hear from communities, the IWG conducted 17 community listening sessions across the country.
Throughout 2012, fifteen federal agencies issued final agency EJ strategies, implementation plans, and/or
progress reports. The IWG identified the National Environmental Policy Act (NEPA), Title VI of the Civil Rights
Act of 1964, Goods Movement and Climate Change as priority issues. In addition, the IWG collaborated with
other federal partnerships, such as the Partnership for Sustainable Communities, Urban Waters, and Action
Plan to Reduce Racial Ethnic Asthma Disparities, to promote environmental, health and economic benefits for
overburdened communities.
O
z
co
O
CX
O
Q-
LJJ
eX
CO
co
LU
ex.
O
O
ex.
Q-
o
CN
KEY ACCOMPLISHMENTS
WHITE HOUSE FORUM
In December 2010, the White House, cabinet
members and senior officials from a wide range of
federal agencies worked collaboratively to convene
the first-ever White House Forum on Environmental
Justice. The forum brought together administration
officials, community leaders and officials from state,
local and tribal governments to discuss issues that
are important to overburdened communities. Agency
officials shared their vision for healthier and more
sustainable communities as well as their agencies'
approaches to achieving them. More than 100
community leaders engaged agency officials in a
discussion about federal programs and initiatives
intended to produce environmental, health and
economic benefits for overburdened communities.
IWG COMMUNITY DIALOGUES
The IWG conducted 17 community dialogue sessions
across the country, between February 2011 and
July 2012, as part of its effort to ensure that
communities had a voice in providing direction to
federal agencies working to address environmental,
human health and economic concerns. Many
communities voiced frustration about the accessibility
of federal information and resources. The IWG
responded by creating two documents, the EJ_
Federal Interagency Directory and the Community-
Based Federal EJ Resource Guide. In addition,
federal agencies incorporated the community input
into their agency EJ strategies.
MEMORANDUM OF UNDERSTANDING ON
ENVIRONMENTAL JUSTICE AND EXECUTIVE ORDER
12898(EJMOU)
On August 4, 201 1, the White House and heads of
seventeen federal agencies took a landmark step
by signing a formal agreement to recommit to
addressing EJ concerns. Through the EJ MOU, the
IWG's agencies committed to:
(1) Declaring the continued importance of
identifying and addressing EJ considerations in
agency programs, policies and activities;
18 | Pag e
-------
(2) Issuing EJ strategies and implementation
progress reports;
(3) Establishing structures and procedures to ensure
that the IWG operates effectively and
efficiently; and
(4) Identifying four areas of focus to be included in
the agencies' EJ efforts, (i.e., NEPA, goods
movement, climate change and Title VI of the
Civil Rights Act of 1964).
PARTNERSHIP FOR SUSTAINABLE COMMUNITIES
The Partnership for Sustainable Communities
(Partnership), consisting of the Department of
Housing and Urban Development (HUD), Department
of Transportation (DOT) and the EPA, helps
communities nationwide to improve access to
affordable housing, provide more transportation
options and lower transportation costs, while
protecting the environment in communities. EJ
principles are being integrated into the work of the
Partnership in collaboration with the IWG. The
Partnership has achieved important outcomes such
as:
(1) Engaging and training management and staff
within HUD, DOT and the EPA on sustainability
practices;
(2) Expanding community access to funding
opportunities (i.e., For HUD's 201 1 Regional
Planning and Community Challenge grant,
recipients were required to incorporate
meaningful involvement in the decision-making
process for underrepresented populations;
devote a portion of their budgets to meaningful
involvement; and consider EJ principles in the
planning process for infrastructure,
transportation and housing); and
(3) Increasing transparency and meaningful
participation for overburdened communities in
the Partnership's activities.
ASTHMA ACTION PLAN
Coordinated Federal Action Plan to Reduce Racial
and Ethnic Asthma Disparities
In May, 2012, the interagency Asthma Disparities
Working Group (co-chaired by the EPA, HHS, and
HUD) under the President's Task Force on
Environmental Health Risks and Safety Risks to
Children released the Coordinated Federal Action
Plan to Reduce Racial and Ethnic Asthma Disparities.
The goal of the Action Plan is to reduce the burden
caused by asthma among children, in particular,
minority children and children with family incomes
below the poverty level. The plan promotes synergy
and alignment across numerous federal programs
and emphasizes priority actions that demonstrate a
high positive impact on addressing preventable
factors that lead to asthma disparities. With the
EPA's leadership toward the development and
establishment of the Action Plan, the Agency is
working even more closely with other federal
agency partners in building the nation's capacity to
control asthma and manage exposure to indoor and
outdoor pollutants to improve the quality of life for
millions of Americans in communities across the
country.
RADON PARTNERSHIP
Healthy Homes Strategy and Federal Radon
Action Plan
In June 2011, senior leaders from the EPA and HUD
released the Federal Radon Action Plan. The Action
Plan is a call for federal action on radon as the
leading cause of lung cancer for nonsmokers in the
U.S. The interagency initiative is designed to
increase federal efforts to reduce radon exposure
in the homes and schools the federal government
owns, operates or finances. An Action Plan
Scorecard keeps the public informed about the
progress of activities from federal partners working
to implement the plan. The Federal Radon Action
Plan is an activity under the interagency Healthy
Homes Strategy.
Since the release of the Federal Radon Action Plan,
almost half of federal agency commitments have
been completed. A major commitment among the
EPA and federal agencies is the development of the
Advancing Healthy Housing: A Strategy for Action. A
Strategy for Action is an interagency plan which
outlines goals and priorities in federal healthy
housing programs for the next three to five years.
New radon requirements in the federal multi-family
housing program represent a concrete action in the
(0
o
o
O
CO
co
o
o
co
O
>
U
5
z
3
^J
>
^
O
>
o
o
z
o
z
n
m
19 | Pag e
-------
u
h-
10
=>
O
o
o
h-
u
LJJ
Q
I
Z
O
I
<
I-
z
Q
O
Qi
LJJ
h-
to
O
O
Q-
to
10
O
O
o
CN
z
<
strategy to reduce radon exposure and create
healthy housing m communities, particularly for low-
income Americans.
CLIMATE ADAPTATION
Executive Order 13514, signed by President
Obama in October 2009, requires that each
Federal agency evaluate climate change-related
risks and vulnerabilities to manage both the short-
and long-term effects climate change will have on
the agency's mission and operations. In response, as
part of the annual Strategic Sustainability Planning
process, each agency was tasked to produce a
climate change adaptation plan outlining the
agency's adaptation policy framework; analysis of
climate change-related risks and opportunities;
process of agency adaptation planning and
evaluation; and programmatic activities and actions
taken to better understand and address the
vulnerabilities posed by climate change. In February
201 3, these plans were released as part of the
agencies' overall Strategic Sustainability Plans.
EJ COMMUNITY NEEDS INVENTORY
In order to determine areas where interagency
cooperation is needed, the EPA conducted a
Community Needs Inventory. Every EPA regional
office selected three communities of concern and
identified community needs and the federal
agencies that could address such needs. The
resulting inventory is a data set of thirty
environmentally burdened, geographically and
demographically diverse communities and the
federal agencies best positioned to address their
needs. This information will help inform agencies'
strategies for community-based work and foster
interagency efforts in overburdened communities.
NATIONAL ENVIRONMENTAL POLICY ACT: IWG
COMMITTEE
Recognizing that NEPA provides an important
opportunity to advance the consideration of EJ
through meaningful engagement of minority, low-
income and tribal populations potentially impacted
by federal actions, the IWG formed the NEPA
committee. The committee is co-chaired by DOT and
the EPA. The committee currently includes
representatives from approximately 20 departments
and agencies. The committee's purpose is to improve
the efficiency of the NEPA process across the
federal government to enhance the consideration of
EJ through the sharing of best practices and lessons
learned. Thus, the NEPA committee supports federal
agency NEPA implementation to "focus federal
attention on the environmental and human health
conditions in minority communities and low-income
communities with the goal of achieving environmental
justice."
Since its inception in May 2012, the NEPA committee
has taken several steps toward achieving its mission,
such as:
Commencing a series of inter-agency meetings
to identify and promote best practices related
to EJ and NEPA analyses, including those
related to public engagement and the
mitigation and monitoring of environmental and
human health impacts.
Commencing a cross-agency training series on
existing tools, methods and agency-specific
focal areas for further incorporating EJ analysis
within the NEPA process. The training is
designed to inform agencies of the current state
of NEPA-related EJ efforts across the federal
family.
Commencing the development of a national
NEPA training module on EJ. The national
training module will provide federal officials, at
all levels, with a foundational understanding of
NEPA's role in addressing EJ issues.
Creating the EJ Resources Compendium which
gathers publically available NEPA and EJ-
related documents from federal agencies (e.g.,
regulations, guidance and circulars) in one place
and provides links to each document for quick
access. The committee will publish the
compilation online.
The NEPA committee plans to build on these early
accomplishments in 201 3.
GOODS MOVEMENT: IWG COMMITTEE
Goods movement refers to the distribution of freight
(e.g., raw materials, parts and finished consumer
products) by all modes of transportation, including
marine, air, rail and truck. Goods movement
facilities, also called freight facilities, include
seaports, airports, land ports of entry (i.e., border
crossings), rail yards and distribution centers. The
U.S. has an extensive network of infrastructure to
support goods movement, including highways,
bridges and rail lines. Goods movement activities
have increased significantly in the past 20 years. In
fact, container shipments quintupled at the ten
largest U.S. container ports from 1980 to 2006, and
over the last decade alone, shipments have grown
by 81 percent.
20 | P a g e
-------
The Federal Highway Administration (FHWA)
forecasts that between 2006 and 2035:
Freight tonnage hauled by trucks will grow by 80
percent;
Rail tonnage hauled will grow by 73 percent;
Water transportation tonnage will increase by
51 percent;
Intermodal tonnage will increase by 73 percent;
and
Air cargo tonnage will quadruple.
Minority, low-income and tribal populations have
borne a disproportionate share of the health
impacts from goods movement. Per the EJ MOD,
federal agencies have made goods movement a
focus area when "identifying and addressing, as
appropriate, any disproportionately high and
adverse human health or environmental effects of its
programs, policies and activities on minority
populations and low-income populations." A
keystone for meeting this requirement is interagency
collaboration.
Along with the U.S. Department of Homeland
Security, the EPA co-chairs the IWG Goods
Movement committee. The committee was
established in 2012 and is currently composed of
eight agencies. Outlined below are the committee's
2012 accomplishments:
Launched biweekly interagency meetings.
Developed the draft FY 201 3 Goods Movement
Committee Action Plan, focused on supporting
federal agency initiatives to: (1) reduce the
environmental and health effects of agency
efforts related to commercial transportation and
supporting infrastructure and impacts on low-
income, minority and tribal populations; and (2)
assure that overburdened communities have
greater opportunities to benefit from federal
efforts related to goods movement.
Facilitated the engagement, support and
utilization of the Ports Task Force, led by the
White House, to develop a federal strategy for
future port and related infrastructure investments.
Enhanced federal collaboration and information
sharing by evaluating and utilizing interagency
tools and resources such as the Committee on the
Marine Transportation System Data Map,
Federal Highway Administration (FHWA) Freight
Analysis Framework and the Office of
Management and Budget's (OMB) Maxx, an
internal information-sharing and collaboration
platform for federal agencies.
REGIONAL INTERAGENCY WORKING GROUP
COMMITTEE
Section 1 -102 and Section 5-5 of EO 12898 outline
the importance and necessity of engaging and
involving the public for the purpose of fact-finding,
receiving public comments and conducting inquiries
concerning environmental justice. The IWG formed
the Regional Interagency Working Group (RIWG)
committee to explore the feasibility and value of
RIWG's as a means to better address issues,
concerns, and recommendations that may result from
public engagement at the local and regional levels,
and to increase cooperation across federal agencies
in support of EO 12898.
As a concept, regionally-based interagency efforts
are intended to respond to EJ issues or concerns in a
more timely and unified manner. They are intended
to help build community capacity and leverage the
resources of federal, state, tribal and local
government agencies, as well as communities, the
private sector and non-governmental organizations.
To the extent possible, regionally-based
interagency efforts will utilize existing federal
mechanisms or collaborations at the regional and
local levels, such as Federal Executive Boards,
Federal Regional Councils or the Partnership for
Sustainable Communities' regional partnerships.
This effort expands upon and supports other IWG
initiatives to better assist communities such as the
recently developed Community-Based Federal EJ
Resource Guide and EJ Federal Interagency
Directory. The RIWG will be organized
geographically based upon EPA's existing regional
structure. The RIWG committee is chaired by the
Department of the Interior and co-chaired by the
EPA. To date, the RIWG Committee has taken
several important steps, including:
Developing a draft document to begin the
discussions of the feasibility of a RIWG;
Drafting a concept paper to formalize an
agreed upon structure; and
Finalizing the RIWG concept.
>
z
o
Jx
TV
O
o
m
CO
CO
"U
O
TV
O
co
O
>
I
O
n
^
O
z
O
TV
O
co
I
n
21 | Pag e
-------
COMMUNITY BASED ACCOMPLISHMENTS
u
h-
to
The EPA's various community-based programs involve
many interagency partnerships. They have produced
significant benefits for overburdened communities.
Successful community- based efforts are highlighted in
the Regional Community-Based Accomplishments
section of this report. (See Page 43)
O
o
Z
o
h-
u
LU
Q
Z
O
to
Z
Q
O
Z
a-:
LU
i-
to
O
O
CL.
to
to
LU
d
O
O
o
CN
LU
Z
<
Federal Agency EJ Strategies
In 2012, fifteen federal agencies issued final EJ strategies, implementation plans
and/or reports, affirming their commitment to protect communities facing greater
health and environmental risks. These strategies represent a significant step
forward in the Administration's commitment to integrating EJ into federal decision-
making. Federal agencies reviewed their portfolios to: (1) assess how their
programs, policies, and activities may have disproportionate adverse health and
environmental effects; (2) identify overarching strategies, as well as specific
programs and initiatives, to reduce environmental or health hazards and ensure
access to beneficial programs and increase community participation in agency
decision-making.
The Department of Transportation's Federal Transit Administration is helping
grantees determine if a proposed transit project or decision will adversely
affect overburdened populations.
The Department of Labor is translating educational materials and hazard
alerts into Spanish, Chinese and Vietnamese for non-English speaking workers.
The Department of Energy's Pueblo Project in Los Alamos, New Mexico,
provides tribal governments the opportunity to manage pollution monitoring
programs and provide input on the Department's decisions.
The Department of Veterans Affairs is helping to provide green jobs and
workforce development opportunities for veterans in overburdened
communities.
The Department of Health and Human Services' Centers for Disease Control
and Prevention is using Health Impact Assessments to proactively address the
potential impacts a policy or project may have on overburdened populations.
22 | P a g e
-------
TOOLS DEVELOPMENT AREAS
SCIENCE
LEGAL
INFORMATION
RESOURCES
Plan EJ 2014 Progress Report 23 | P a g e
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report: Tools Development Areas
-------
SCIENCE TOOLS
Substantially support and conduct research that employs participatory principles
and integrates social and physical sciences aimed at understanding and
illuminating solutions to environmental and health inequalities among
overburdened populations and communities. All Agency decisions will make use of
information, data and analytic tools produced.
STRATEGIES
1. Apply integrated transdisciplinary and community-based participatory research approaches with a focus on addressing
multi-media, cumulative impacts and equity in environmental health and environmental conditions.
2. Incorporate perspectives from community-based organizations and community leaders into EPA research agendas and
engage in collaborative partnerships with them on science and research to address environmental justice.
3. Leverage partnerships with other federal agencies on issues of research, policy and action to address health disparities.
4. Build and strengthen the technical capacity of Agency scientists on conducting research and related science activities in
partnership with impacted communities and translating research results to inform change.
5. Build and strengthen technical capacity of community-based organizations and community environmental justice and
health leaders to address environmental health disparities and environmental sustainability issues.
The EPA has made progress, as never before, in bringing the best science to bear on environmental justice
(EJ) issues by emphasizing the development of guidance, research and decision tools, and community- based
research approaches in a coordinated and collaborative manner. The Office of Environmental Justice (OEJ),
the Office of Policy (OP) and the Office of Research and Development (ORD) played a leading role in the
development of the EPA technical guidance for assessing EJ in regulatory analysis, and the development of
cumulative risk assessment guidelines. In 201 2, ORD launched the Sustainable and Healthy Communities
Research Program (SHC), which includes a range of research activities that address the overarching issue of
"Securing and Sustaining Environmental Justice." Research activities initiated in 2011-2012 are progressing
well. For example, SHC is expanding the EnviroAtlas decision support tool to include community scale
capability and is also piloting its community assessment tools. Each of ORD's new National Programs includes
research that directly or indirectly addresses EJ concerns, including: (1) developing tools and methods for
conducting cumulative risk assessments; (2) identifying and better understanding susceptible and vulnerable
population groups for risk assessment and the underlying causes of health disparities; and (3) engineering
solutions for reducing the burden of exposure to a wide variety of contaminants. ORD convened a panel of
multi-disciplinary experts, in the form of a research workgroup under the National Environmental Justice
Advisory Council (NEJAC), to advise the EPA on enhancing research on EJ. In addition, ORD is furthering the
goal of capacity building in the EJ context through workshops on participatory research approaches for EPA
staff and collaborative outreach and training activities for regional and local stakeholders and decision-
makers.
-o
I
>
ro
o
TV
O
O
CO
CO
"D
o
co
n
n
m
I
O
o
KEY ACCOMPLISHMENTS
TECHNICAL GUIDANCE FOR ASSESSING
ENVIRONMENTAL JUSTICE IN REGULATORY ANALYSIS3
OEJ, OP and ORD played a leading role in the
development of the draft technical guidance for
assessing potential EJ concerns and conducting EJ
analysis for rules, which was completed in August
2012.
CUMULATIVE RISK GUIDELINES FOR ASSESSMENT
The Risk Assessment Forum in the Office of the
Science Advisor tasked a cross-agency technical
panel of scientists to complete the Cumulative Risk
Assessment (CRA) Guidelines. The guidelines will
assemble scientifically valid approaches and
methods for analyzing the cumulative risk from
aggregate exposures to multiple agents or stressors.
Several activities toward development of the
guidelines include:
A draft chemical mixtures position paper
clarifying the Agency's current practices and
policies on the use of dose addition in
environmental risk assessment;
Workshops that provided input from experts on
the science and methodology of cumulative risk
Incorporating Environmental Justice into Rulemaking, page 7
25 | P a g e
-------
o
o
h-
LU
U
z
LJJ
U
to
to
O
o
o
CN
z
<
assessment and methods for integrating chemical
and non-chemical stressors, held in 201 1 and
2012, with another workshop on problem
formulation planned for 201 3; and
A prototype of the Community Cumulative
Assessment Tool (CCAT). (See "Tools to Inform
Decision-Making).
STRENGTHENING SCIENTIFIC FOUNDATION FOR FUTURE
RESEARCH AND ACTION ON ENVIRONMENTAL JUSTICE
Several EPA offices supported the publication of
Environmental Justice and Disparities in Environmental
Health Science, a supplement to the America Journal
of Public Health in December 2011. This supplement
consists of 15 articles commissioned by the EPA and
written by speakers at the 2010 symposium on the
science of disproportionate impacts. The authors
represented multi-disciplinary expertise such as
disproportionate exposure, cumulative risk
assessment, social determinants of disease, community
capacity for participatory research, and health
disparities.
TOOLS TO INFORM DECISION-MAKING
The ORD is developing and validating geospatial
decision support and community assessment tools that
will assist users from federal, state and tribal
governments, community groups and the public to
define and advance EJ objectives.
Community-Focused Exposure and Risk
Screening Tool (C-FERST) and Tribal-Focused
Environmental Risk and Sustainability Tool (T-
FERST) are screening tools designed to help
communities and tribes learn more about their
environmental health issues, assist in prioritizing
issues and access solutions to promote health and
well-being. C-FERST and T-FERST include guidance,
fact sheets, best practices, local data, maps and
links to other tools. The National Prevention Council
Action Plan highlighted the application of these
tools to EJ. These tools were piloted collaboratively
with several Community Action for a Renewed
Environment, local and tribal communities and
regional partners.
Community Cumulative Assessment Tool (CCAT)
is a computerized, step-by-step guided process
that informs users of the phases involved in a
Cumulative Risk Assessment (including problem
formulation, conceptual model development and
the consideration of multiple stressors, such as
environmental, social, and economic). A CCAT
prototype is complete and will be evaluated
further in 201 3. The tool is based on Agency
recommendations, literature review and
stakeholder feedback.
EnviroAtlas is planned for public release in 201 3.
It provides the user with the ability to map layers
of information about the natural environment and
to evaluate the supply and distribution of
ecosystem goods and services (defined generally
as the benefits of nature such as clean air and
water, green space, Pharmaceuticals and food
and the life support processes that sustain them)
and population needs for these amenities.
EnviroAtlas can be used to identify disparities
between communities with respect to ecosystem
services, such as proximity to parklands for
exercise and recreation and the presence of tree
buffers which shield near-road populations from
air pollution.
UNIVERSITY GRANTS AND CENTERS OF EXCELLENCE IN
HEALTH DISPARITIES
The ORD is providing support to universities to
develop new methods for cumulative risk assessment
and consideration of non-chemical stressors. This
research involves the development of cumulative risk
assessment methods that incorporate community
social contexts. Grantees and other experts in the
field shared recent findings with EPA scientists at an
ORD-OEJ workshop in 2012. A workshop synthesis
will be posted in 201 3 with final reports anticipated
in 2014-15. The ORD also instituted a memorandum
of understanding in 2011 with the National Institute
of Minority Health and Health Disparities, and
invested in ten grants that are part of a network of
Centers of Excellence on Environmental Health
Disparities Program. This program is examining the
complex, multifactorial interactions between social,
biological, economic factors and policies that may
contribute to environmental health disparities.
NATIONAL ENVIRONMENTAL JUSTICE ADVISORY
COUNCIL RESEARCH WORK GROUP
The EPA convened a work group under the auspices
of the NEJAC to provide advice to the Agency in the
area of scientific research, particularly as it applies
to health impacts, environmental risks, and
differential exposures that directly related to
environmental justice. The workgroup plans to
deliver its report to the NEJAC by mid-201 3.
26 | P a g e
-------
LEGAL TOOLS
Provide legal assistance to EPA policy makers and other Agency decision makers to
advance their environmental justice objectives under Plan EJ 2014.
STRATEGY
Provide legal assistance to EPA policy makers and other Agency decision makers by identifying opportunities for them to
use discretionary authorities under EPA statutes and programs to advance environmental justice.
In December 201 1, the EPA published Plan EJ 2014: EJ Legal Tools (EJ Legal Tools), marking a historic
milestone for the Agency's environmental justice (EJ) program. It culminates a lengthy effort, lasting nearly
two decades, to implement the directive of the Presidential Memorandum accompanying Executive Order
(EO) 1 2898, which calls for using existing environmental and civil rights statutes to carry out the EO
mandate. The Presidential Memorandum states that such laws provide many opportunities to help ensure
the fair treatment and meaningful involvement of all people with respect to the development and
implementation of environmental laws, regulations, and policies. In consultation with the EPA's program
offices, the Office of General Counsel (OGC) developed the EJ Legal Tools document. EO 1 2898 also
called upon federal agencies to make EJ part of their missions by "identifying and addressing, as
appropriate, disproportionately high and adverse environmental and human health impacts" of their
programs, policies and activities on minority populations and low-income populations. The Agency is
currently incorporating the use of identified discretionary legal authorities relating to EJ into ongoing work.
KEY ACCOMPLISHMENTS
EJ LEGAL TOOLS DOCUMENT
Plan EJ 2014 called for OGC to identify legal
authorities under federal environmental statutes that
can be applied to the EJ challenge. EJ Legal Tools
responds to that call by identifying numerous legal
authorities that the EPA may consider using to ensure
that its programs, policies and activities more fully
protect human health and the environment in
minority, tribal and low-income communities. Some
of the legal tools identified are already in use
today; others have not yet been applied in an EJ
setting. EJ Legal Tools should be viewed as a
starting point, rather than an end point, in the
examination of legal authorities. It does not purport
to consider every possible contributive authority;
rather it focuses on those authorities that appear to
be most relevant to the EJ challenge as we currently
understand it. Moreover, consistent with the "leading
by example" orientation of Plan EJ 2014, EJ Legal
Tools looks principally through the lens of the EPA as
an implementer, leaving for further examination and
discussion the question of how EJ-related legal
authorities might inform the activities of states and
tribes operating EPA-approved programs and of
the EPA's oversight of those activities. Accordingly,
EJ Legal Tools should be regarded as a living
document, subject to future additions and
adjustments.
ESTABLISHMENT OF EJ LEGAL TOOLS REPOSITORY
The Office of Environmental Justice (OEJ) is
developing an EJ Legal Tools Repository
(Repository). The overarching purpose of the
Repository is to advance EJ by providing all parts
of the Agency with access to examples of best
practices in the EPA's use of available discretionary
legal authorities. It will help the EPA achieve its
vision of using the law as a tool to advance EJ and
facilitate ongoing efforts by EPA programs and
regions to advance EJ as part of their day-to-day
activities. The Repository will also achieve functional
objectives which are to: (1) collect examples of the
application of environmental and other federal laws
by the EPA to advance EJ; and (2) capture questions
and recommendations regarding EJ Legal Tools. The
audience for the Repository is internal to the EPA,
with a primary focus on "managers of programs,"
such as headquarters and regional division directors
who operate at the intersection of policy and
implementation.
>
2
o
o
^J
m
CO
CO
"U
o
m
O
o
o
27 I P a g e
-------
o
o
o
LLJ
O
CL-
IO
to
o
o
CL.
^r
o
CN
USING THE LAW AS A TOOL TO ADVANCE
ENVIRONMENTAL JUSTICE
EPA Oversight of Oregon Fish Consumption
Standards
Subsistence fish consumption practices can
disproportionately expose tribal populations to
water pollutants. This concern may be addressed
under Section 303(c)(3) of the Clean Water Act
(CWA). Pursuant to that section, states adopt water
quality standards that should provide for protection
of fishing uses where attainable. The EPA then
approves or disapproves the state's water quality
standards. On July 8, 2004, the Oregon
Department of Environmental Quality (DEQ)
submitted water quality criteria for toxics to the
EPA, based in part on a fish consumption rate of
17.5 grams per day. In response to concerns
submitted to the EPA from the Confederated Tribes
of the Umatilla Indian Reservation during the EPA's
review of the human health water quality criteria for
toxics revisions, the Fish Consumption Rate Review
Project (Project) was convened to determine the
sufficiency of DEQ's proposed rate. After evaluating
consumption patterns and health impacts from
exceeding DEQ's proposed rate, the Project
recommended a rate of 175 grams per day. The
EPA disapproved DEQ's 2004 revised human health
water quality criteria for toxics, which did not reflect
the Project's proposed fish consumption rate. The
EPA subsequently approved DEQ's resubmitted
criteria, reflecting the Project's recommended fish
consumption rate of 175 grams per day. The EPA's
action approving Oregon water quality criteria for
toxics based on a fish consumption rate reflective of
tribal practices has the potential to reduce health
impacts to populations with EJ concerns, such as
tribal populations engaged in subsistence fish
consumption.
National Environmental Policy Act - Charleston
Marine Terminal Expansion
Overburdened communities are frequently located
near major transportation hubs. These communities
can be disproportionately exposed to impacts from
goods movement activities. Section 102(2)(C) of the
National Environmental Policy Act (NEPA) can help
address this concern by requiring federal agencies
to prepare a detailed statement -environmental
impact statement (ElS)-for their proposed major
actions significantly affecting the quality of the
human environment. When a major expansion of the
nation's fourth busiest container port in Charleston,
South Carolina, was proposed, an evaluation of the
impacts was required by the U.S. Army Corps of
Engineers (Corps), the lead federal agency pursuant
to NEPA. The minority and low-income neighborhoods
surrounding the proposed port expansion were
identified as communities with potential EJ concerns.
NEPA regulation 40 C.F.R. § 1506.6 instructs
agencies to make a diligent effort to involve the
public. In addition, NEPA regulation 40 C.F.R. §
1502.14(f) requires that an EIS include appropriate
mitigation measures (not already included in the
proposed action or alternatives) to avoid, minimize,
or compensate for potential adverse impacts.
Accordingly, the EPA, as a cooperating agency under
NEPA and in light of its commitment to EJ, worked
closely with the Corps and the South Carolina Port
Authority, and in collaboration with the Lowcountry
Alliance for Model Communities (Alliance), to
promote the consideration of EJ issues in the decision-
making process. The Alliance is a non-profit
organization advocating environmental justice and
promoting community development, education,
employment, quality housing and community
involvement. These efforts resulted in the
development of a plan for mitigating potential
environmental and related socio-economic impacts
from the port expansion. In part, the mitigation plan
included:
(1) Environmental monitoring;
(2) An affordable housing trust;
(3) A community park;
(4) Employment training programs; and
(5) Expanded health care opportunities.
The collaborative effort resulted in the largest NEPA
mitigation plan in South Carolina history.
Meaningfully engaging overburdened communities
fulfilled NEPA's stated goal of creating conditions
under which man and nature can exist in productive
harmony, while meeting the social and economic
needs of the public.
28 | P a g e
-------
INFORMATION TOOLS
Develop a more integrated, comprehensive, efficient, and nationally consistent
approach for collecting, maintaining and using geospatial information relevant to
potentially overburdened communities.
STRATEGIES
1. Develop EPA's GeoPlatform.
2. Develop a nationally consistent environmental justice screening tool.
3. Incorporate appropriate elements of the environmental justice screening tool into the GeoPlatform.
In October 2012, the EPA released EJSCREEN for internal use. By developing EJSCREEN (Version 1.0), the
EPA carried out its commitment under Plan EJ 2014 to develop a nationally consistent environmental justice
screening tool. This new tool will provide the Agency with nationally consistent data and methods for
screening areas with potential EJ concerns that may warrant further consideration, analysis or outreach.
The release of this version of EJSCREEN was a major step forward in integrating EJ into Agency programs,
policies and activities. It will be instrumental in helping EPA managers and staff more accurately, efficiently
and consistently include EJ principles in the Agency's activities. Developed by an agency-wide workgroup
involving all programs and regions, EJSCREEN was designed based on experience and expertise
regarding EJ mapping as well as lessons learned from the EPA's earlier screening tools. Its design also
incorporated advice and recommendations from the National Environmental Justice Advisory Council
(NEJAC). EJSCREEN will be housed on the EPA's GeoPlatform, a suite of tools, data and services that will
help coordinate and consolidate mapping activities, applications and data across the Agency. The EPA's
attention is now focused on implementation and making an agency-wide transition to EJSCREEN as the
Agency's EJ screening tool. As the Agency moves forward with the transition to EJSCREEN, user guidelines
will be developed, improvements identified and issues of public access will be addressed.
KEY EJSCREEN FEATURES
EJSCREEN is a baseline screening tool that features
up-to-date graphics, high resolution maps, reports
and graphs. It is also designed to allow users the
flexibility of adding data layers, along with offering
a wide range of environmental and demographic
factors that can be viewed individually. The
environmental factors offered include:
(1) PM 2.5 Level in Air;
(2) Ozone Level in Air;
(3) Diesel Particulate Matter Level in Air;
(4) Air Toxics Cancer Risk;
(5) Air Toxics Neurological Hazard Index;
(6) Air Toxics Respiratory Hazard Index;
(7) Traffic Proximity and Volume;
(8) Lead Paint Indicator (% pre-1 960);
(9) Risk Management Plan Facility Proximity;
(10) Superfund Site Proximity;
(11) Treatment Storage Disposal Facility Proximity;
and
(1 2) Major Direct Dischargers to Water Proximity.
The tool uses the percentages of minority and low-
income populations in a given area as two primary
demographic factors. It also provides data on
additional demographic factors, such as linguistic
isolation, age and education.
EJSCREEN also creates indexes, which combine each
environmental indicator with the percent of residents
that are minority and percent of residents that are
low-income in each area, to provide a measure of
how much each location contributes to potential
disparity between demographic groups nationwide.
As a pre-decisional tool, EJSCREEN will be used to
highlight areas where further review may be
warranted. Users should supplement EJSCREEN data
with additional information and local experience.
With additional information and data that is unique
to an area and the ability to capture environmental
and demographic factors more holistically, the
Agency can throughly consider areas with potential
EJ concerns when making decisions that may affect
the public health and environment of a community.
ro
o
*.
"O
O
o
73
m
co
co
O
73
>
^
O
o
o
I
co
29 | P a g e
-------
RESOURCES TOOLS
Develop an efficient and effective system for delivering financial and technical
assistance to communities to empower them to improve their health and environment.
to
i
O
o
i-
to
LJJ
U
O
to
CXL
O
Q.
to
to
O
o
o
CN
STRATEGIES
1. Increase transparency and efficiency in providing community-based grant opportunities.
2. Improve delivery of technical assistance to communities.
3. Strengthen grants training for communities.
4. Improve community awareness of grant competition process.
5. Revise grant policies that are unduly restrictive.
6. Encourage legal and program offices to dialog on community-based grant opportunities.
7. Improve timeliness of Brownfields Grant Awards.
The Office of Administration and Resources Management (OARM), through its Office of Grants and Debarment
(OGD), continues to support EPA's efforts to increase outreach to communities by developing and making
available resource tools to improve community access to grants information and through enhanced technical
assistance. In 2012, EPA focused on developing a centralized "Resources for Communities" webpage,
implementing a grants policy to streamline the grants process and implementing community grants training.
KEY ACCOMPLISHMENTS
"RESOURCE FOR COMMUNITY" WEB PORTAL
In March 2012, OGD partnered with the Office of
Environmental Justice (OEJ) to launch "Resource for
Communities." Among other things, this website hosts
the EPA Grant Competition Forecast, which lists the
expected community-based grant competitions for
each calendar year. Six competitions were posted
for calendar year 201 2. During the months of
August and September 2012, the Competition
Forecast Calendar was accessed 979 times.
COMMUNITY-BASED GRANTS POLICY
The EPA issued a new community-based grants
policy on March 31, 201 2. The policy seeks to
establish a transparent, One EPA approach to
coordinating and implementing the Agency's
community-based grant programs, including
streamlining grants processes and providing useful
grants information to communities. The online posting
of competition schedules, simplifying the application
process and increasing community outreach, via use
of webinars and tutorials, are all part of this policy.
The measurable goal of this internal policy is to
increase the total number of community grant
applications. However, as this is EPA's first agency-
wide community grants policy, results are
forthcoming.
FLAT INDIRECT COST RATE OPTION (NON-PROFITS)
Negotiating an indirect cost rate for a federal grant
is a lengthy and complex process. To eliminate this
burden for non-profit applicants, including non-profit
community-based organizations, the new
Community-Based Grants Policy provides tribal and
non-profit organizations the option of using a flat
indirect rate of 10% of salaries and wages for the
life of a project. The measure of this option is the
total number of communities taking advantage of
the simplified indirect cost rate, as part of the
overall effort to streamline the grant application
process. Results are forthcoming.
UMBRELLA GRANTS TUTORIAL
A "Grants 101 Tutorial" was developed and posted
on the Resources for Communities web portal. This
user-friendly resource tool, developed with
community and EPA feedback, provides communities
with a general overview of how to apply for,
manage and complete an EPA project. During the
months of August and September 2012, the Grants
101 Tutorial was accessed 321 times.
30 | P a g e
-------
COMMUNITY TRAINING WEBINARS
Beginning in February 2012, OGD hosted six
Grants Award Process webinars for the EPA grants
community. These sessions covered grants
management topics such as how to find and apply
for grant opportunities and information on details of
the new federal budget. OGD worked with
headquarters and regional programs to announce
the availability of these webinars to the grant
community via Listservs. Webinar slide presentations,
handout materials and recordings are posted on the
OGD internet site so that communities can access this
information.
o
o
O
;*>
m
CO
CO
70
m
-O
O
n
m
co
O
O
co
31 | Pag e
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report: Tools Development Areas a 9 e
-------
PROGRAM INITIATIVES
URBAN WATERS PROGRAM, OFFICE OF WATER
PESTICIDE WORKER SAFETY PROGRAM, OFFICE OF CHEMICAL SAFETY AND
POLLUTION PREVENTION
U.S.-MEXICO BORDER 2020 PROGRAM, OFFICE OF INTERNATIONAL AND
TRIBAL AFFAIRS
COMMUNITY ENGAGEMENT INITIATIVE, OFFICE OF SOLID WASTE AND
EMERGENCY RESPONSE
IMPLEMENTATION OF INTERNAL TECHNICAL DIRECTIVE ON REVIEWING EPA
ENFORCEMENT CASES FOR POTENTIAL ENVIRONMENTAL JUSTICE CONCERNS,
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE
Plan EJ 2014 Progress Report 33 | P a g e
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report: Program Initiatives
-------
PROGRAM INITIATIVES
A key goal of the EPA is to expand upon the Agency's efforts to integrate environmental justice (EJ) into all of its
programs. As the Agency pursues this goal, it brings attention to the advancements that many Agency programs
have already made in integrating EJ, as well as the significant benefits produced for overburdened communities.
In addition, the Agency's program offices are implementing specific programs or initiatives aimed at
strengthening the integration of EJ into their respective programs. These programs or initiatives may serve as
models for enhancing the integration of EJ into all of the Agency's programs, including implementing and
integrating the tools developed through Plan EJ 2014. The EPA's program offices have designated specific
programs or initiatives under Plan EJ 2014 that stand out as models for further integrating EJ throughout the
Agency. The programs or initiatives identified are:
Urban Waters Program, Office of Water;
Pesticide Worker Safety Program, Office of Chemical Safety and Pollution Prevention;
U.S.-Mexico Border 2020 Program, Office of International and Tribal Affairs;
Community Engagement Initiative, Office of Solid Waste and Emergency Response; and
Implementation of Internal Technical Directive on Reviewing EPA Enforcement Cases for Potential
Environmental Justice Concerns, Office of Enforcement and Compliance Assurance.
These are just a few of the many programs at the Agency that actively pursue the integration of EJ and produce
significant benefits for overburdened communities. Over the next phase of Plan EJ 2014, we will look to further
share the lessons gained from these programs or initiatives.
KEY INITIATIVES
URBAN WATERS PROGRAM
Office of Water
The EPA's Urban Waters Program was created to
help communities, particularly underserved
communities, reconnect with and restore their local
urban waters and the surrounding land. The Urban
Waters Program works across all Office of Water
program offices and utilizes a One EPA approach. It
spans all ten Regions, and is co-led by the Office of
Water, Water Office Lead Region, Office of Solid
Waste and Emergency Response, Office of
Environmental Justice, and the Office of Sustainable
Communities. The key results from implementing this
initiative include:
Urban Wafers Small Grants. The Urban Waters Small
Grants Program, modeled after the EJ Small Grants,
recognizes the opportunity for modest support to
build the capacity of local groups. These grants are
an important element of the Urban Waters
Program, and were developed with EJ goals as part
of the design. The EPA developed this grants
program in response to communities' activities. The
Partnership is currently identifying new locations to
work with community partners and develop a self-
nomination process for local communities to join the
partnership. In addition, the EPA has sponsored
"Ambassadors" to work in a full-time capacity to
assist communities in the New Orleans and Los
Angeles River locations.
Urban Wafers Federal Partnership. The EPA also led
the formation of the Urban Waters Federal
Partnership (Partnership), launched in June 201 1, to
enhance coordination among federal natural
resources and human health agencies and
collaboration with community-led revitalization
efforts to improve our Nation's water systems and
promote their economic, environmental and social
benefits. The Partnership involves thirteen agencies
coordinated by the White House Domestic Policy
Council and the Council on Environmental Quality. It
has a clear emphasis on environmentally and
T3
>
m
<
ro
o
TO
O
O
TO
m
-a
o
TO
TO
O
O
TO
m
CO
35 | P a g e
-------
to
LJJ
o
o
ex.
Q-
O
Q-
to
to
LJJ
CxL
O
O
Q.
t
O
economically distressed communities. The Partnership
has benefited from the efforts of the Interagency
Working Group on Environmental Justice in both its
place-based and national activities. The Partnership
is currently identifying new locations to work with
community partners and develop a self-nomination
process for local communities to join the partnership.
In addition, EPA has sponsored "Ambassadors" to
work in a full-time capacity to assist communities in
the New Orleans and Los Angeles River locations.
Stakeholder Engagement and Partnerships. Through
this program, the EPA developed a partnership with
both the River Network and Groundwork USA to
create an Urban Waters Learning Network,
combining the complementary capacity building and
technical assistance strengths of all three
organizations in order to jointly provide support to
Urban Waters Fellows and new grantees. At annual
River Rally events, from 2009 to 2012, the Agency
sponsored special sessions to engage groups
working on restoring urban watersheds while
revitalizing neighborhoods and, in particular, to
encourage them to integrate EJ into their work and
think about watershed restoration. Through this
effort, River Rally organizers and EJ advocates are
now in direct dialogue about opportunities to
integrate EJ into the mainstream environmental
movement and its activities.
PESTICIDE WORKER SAFETY PROGRAM:
CERTIFICATION AND WORKER PROTECTION BRANCH
ACTIVITIES
Office of Chemical Safety and Pollution
Prevention
The Pesticide Worker Safety Program focuses on a
few significant areas of interest to EJ:
(1) Implementation and revision of three rules under
the Federal Insecticide, Fungicide and
Rodenticide Act;
(2) Supporting field programs for these rules; and
(3) A healthcare initiative that improves the ability
of clinicians to manage pesticide exposures. The
three rules are the Worker Protection Standard
(40 CFR 170), Certification of Pesticide
Applicators (40 CFR 171), and the Pesticide
Container and Containment Regulations (40 CFR
152, 156 and 165).
The EPA's efforts include multiple field programs
such as pesticide safety training; state and national
surveillance support; training of clinicians to manage
pesticide exposures; support for training and
education of pesticide applicators and pesticide
safety educators; compliance assistance and training
programs for each of the rules; and partnerships
with federal, state and non-governmental
organizations. These supporting field programs,
along with other state and federal enforcement and
compliance assistance programs provide ground
level support for employers and applicators. The
field programs also support training and information
for farmworker communities, to empower workers to
protect themselves and their families.
Grants, cooperative agreements, interagency
agreements and partnerships aim to address
existing and continuing needs of the farmworker
community, including programs that improve
implementation of the current rules, collect
surveillance data and improve healthcare services
for farmworkers and farm communities. These
programs assist the EPA in monitoring the impact of
its risk assessment decisions and regulatory actions.
The current field programs exist in response to the
needs identified through stakeholder networks, such
as farmworker groups. Identified needs include
more pesticide safety training and increased
numbers of competent healthcare providers to treat
pesticide exposure cases. The programs continue to
respond to community concerns through consistently
consulting these organizations and individuals to
guide the direction and aims of the support
programming. The multiple grants, agreements and
partnerships, including those under the Healthcare
Provider Initiative, described in the work plan, were
partially funded in 2012. They will progress in the
coming year, as available funding allows.
The rulemaking for 40 CFR 170 and 171 will
continue over the next year until the proposed rules
are released for public comment. Following eventual
release of the final rule new compliance assistance
efforts will occur. Current compliance assistance,
training and other regulatory support initiatives for
the current rules will continue until new final rules are
36 | P a g e
-------
promulgated. The current compliance assistance and
implementation programs supporting the Pesticide
Container and Containment Regulations will continue
in 201 3.
U.S. - MEXICO ENVIRONMENTAL PROGRAM: BORDER
2020
Office of International and Tribal Affairs
The Office of International and Tribal Affairs (OITA)
developed the US-Mexico Environmental Program:
Border 2020 to address the dire economic and
health disparities, disproportionate environmental
impacts, lack of access to resources and
environmental information, and higher risk of poor
health outcomes faced by vulnerable communities
along the US-Mexico border. Through the Border
2020 program, the two governments demonstrate
their commitment to addressing these disparities
through a combination of collaborative approaches
(e.g., improving access to bilingual environmental
information, promoting transparent decision-making,
improving access to environmental data sources and
right-to-know tools for the border region).
Meaningful involvement and fair treatment of
border communities in the program's six strategic
goals (and associated objectives) is integral to
developing and implementing Border 2020. The
program emphasizes public involvement, designed
as "a bottom-up approach," to deal with the issues
at the community level. In the two year process of
negotiating the Border 2020 program, OITA hosted
1 8 border public meetings, 2 public webinars and
provided consultation to all 26 federally recognized
tribes along the border. In addition, representatives
from overburdened communities serve on task forces,
regional work groups, and often are the communities
who lead specific on-the-ground activities of the
program. They are also recipients of grants
awarded for projects along the border. Border
2020 will develop biennial Action Plans in alignment
with the program's strategic goals and objectives.
Border 2020 will serve as a model for integrating
EJ in other international environmental program
efforts.
COMMUNITY ENGAGEMENT INITIATIVE
Office of Solid Waste and Emergency
Response
The Community Engagement Initiative (CEI), initiated
by the Office of Solid Waste and Emergency
Response (OSWER), seeks to improve processes and
develop tools in land cleanup, emergency response
and other waste management work. This will ensure
that project information and resources are available
and useful for the full community, including those
populations that may be overburdened and unable
to easily get involved. OSWER programs are
implementing 1 6 separate actions to meet CEI's
three main goals:
(1) Develop transparent and accessible decision-
making processes to enhance meaningful
community stakeholder participation;
(2) Present information and provide technical
assistance in ways that will enable community
stakeholders to better understand environmental
issues and participate in an informed way; and
(3) Produce outcomes that are responsive to
stakeholders' concerns and are aligned with
community needs and long-term goals to the
extent practicable.
Through CEI, OSWER has:
Launched the Brownfields Area-wide Planning
Program to assist communities addressing local
brownfields challenges, particularly where
multiple brownfields sites are connected by
proximity, infrastructure, and economic, social
and environmental conditions;
Identified barriers for the delivery of
information to communities that have been
historically underrepresented in EPA decision-
making processes, including the disenfranchised
in cities and rural areas, communities of color
and tribes. OSWER also provided tools to help
these communities work with EPA programs to
access and understand environmental projects
and issues that affect them;
Established an OSWER-wide Environmental
Workforce Development and Job Training
Program to help citizens in affected communities
develop skills and find work in the
environmental field, as well as help their
communities work with OSWER programs to
solve environmental problems;
Developed the Partners in Technical Assistance
program to help cleanup managers understand
the issues and needs in a community, before a
project is started, to provide technical assistance
that benefits the whole community; and
Developed the Partners in Technical Assistance
Program that will enable non-profit
organizations and universities to provide
technical assistance, education and support to
communities so they can be more effectively
involved during the site cleanup process.
Jx
"O
o
o
TO
m
CO
CO
"O
O
O
O
TV
>
I
<
37 | P a g e
-------
to
LJJ
<
t
z
o
o
O
D-
tO
to
LJJ
01
O
o
o
CN
<
I
Q-
A report detailing the CEI accomplishments can be
found at
www.epa.qov/oswer/enqaqementinitiative.
In 201 3, OSWER will develop a Community
Engagement Network, training programs and a
planning framework to help EPA employees more
effectively involve communities in their work.
IMPLEMENTATION OF INTERNAL TECHNICAL DIRECTIVE
ON REVIEWING EPA ENFORCEMENT CASES FOR
POTENTIAL ENVIRONMENTAL JUSTICE CONCERNS
Office of Enforcement and Compliance
Assurance
The Office of Enforcement and Compliance
Assurance (OECA) has identified implementation of
the Internal Technical Directive: Reviewing EPA
Enforcement Cases for Potential Environmental
Justice Concerns and Reporting Findings to the ICIS
Data System (Technical Directive) as its program
initiative under Plan EJ 2014. This initiative supports
OECA's goal of fully integrating the consideration of
EJ concerns into the planning and implementation of
its program strategies. The Technical Directive
establishes procedures for Agency civil enforcement
personnel to review the EPA civil enforcement cases
for potential EJ concerns and report the findings
from these reviews to an internal Integrated
Compliance Information System (ICIS).
With the Technical Directive, OECA is increasing the
focus on potential EJ concerns in communities where
the EPA brings enforcement actions, and is looking
for opportunities to address such concerns, as
appropriate. Early identification of potential EJ
concerns will assist EPA with targeting its limited
resources where they can have the greatest impact.
It will also allow the Agency to reach out to affected
communities, as appropriate, as the EPA moves
forward with enforcement. This information will also
prove useful to the Agency as it resolves
enforcement cases and seeks appropriate remedies,
including those that may particularly benefit
overburdened communities and address EJ concerns.
Communities can play an active role in identifying or
addressing potential disproportionate environmental
and public health burdens. In circumstances where
OECA is able to address EJ concerns through an
enforcement action, OECA will seek community input
in identifying the community's concerns and actions
the community may want to employ to address those
concerns, where practicable.
For example, as part of a settlement with the EPA
regarding two of its oil refineries, a company
agreed to construct and operate an ambient air
monitoring station adjacent to the impacted
community. Emissions data from the monitoring
station and from refinery emission units are posted
on an internet website, and the company holds
regular monthly meetings for residents of the
neighborhood adjacent to the refinery. These and
other settlement terms are responsive to specific
concerns raised by the community abutting the
refineries.
38 | P a g e
-------
TITLE VI OF CIVIL RIGHTS
ACT OF 1964
Plan EJ 2014 Progress Report Page
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report: Title VI of Civil Rights Act of 1964 40 | P a g e
-------
ADVANCING ENVIRONMENTAL JUSTICE
THROUGH TITLE VI
Strengthen the enforcement and compliance of Title VI, by clearly identifying and
outlining Title VI responsibilities, placing greater focus on prevention of
discrimination and compliance, promoting meaningful dialogue and seeking input to
improve efficiencies by engaging states.
STRATEGIES
1. Establish a robust Title VI pre-award and post-award compliance program.
2. Strengthen Title VI in EPA's National Program Management guidance, performance partnership agreements and
performance partnership grants.
3. Partner with other federal agencies to improve and strengthen compliance with Title VI.
4. Advance EJ goals through Limited English Proficiency initiatives.
A strong civil rights program is essential to the success of the EPA. The EPA's enforcement of statutory civil
rights obligations, Title VI of the Civil Rights Act of 1964, is also a critical part of the Agency's efforts to
advance environmental justice. Over the last year, the Agency has continued to dedicate considerable
resources and implement tangible changes to the Title VI program, which has resulted in measurable
improvements and concrete outputs. Most notably, the EPA reduced the Title VI backlog of open investigations
by over forty percent (40%) going from 28 to 15 open investigations this fiscal year. These cases include
some of the oldest cases (e.g., 1995, 2002 and 2003) contained in the backlog. The Agency resolved 28
complaints this fiscal year, a record number for any one fiscal year. Moreover, in furtherance of its
commitment to reduce the backlog while also processing new complaints, the Agency processed 19
jurisdictional reviews, comprised of both older complaints and recently filed ones.
The EPA recognizes that it must do more. To this end, the Agency engaged in a process to promote dialogue
and seek input from various stakeholders to improve enforcement of Title VI. To further that goal, the EPA has
made considerable efforts to communicate with and solicit input from both state recipients and Title VI
advocacy organizations on Title VI. For example, the EPA met with and participated in conference calls on
several occasions with various State representatives, as part of the Environmental Council of States, to discuss
performance partnership agreements, performance partnership grants and how recipients can meet their Title
VI obligations. In addition, EPA has met with Title VI advocates to solicit input on the Agency's enforcement of
Title VI and programmatic improvements.
KEY INITIATIVES
RE-EVALUATING PART OF ITS FRAMEWORK FOR
ANALYZING TITLE VI COMPLAINTS. Due to
stakeholder input, the EPA is currently reassessing
the relationship between health-based
environmental standards and adversity under Title
VI. On January 29, 201 3, the EPA released a draft
Title VI policy paper for public comment that
proposes to change the way the EPA assesses
"adversity" by having the Agency refrain from
applying a "rebuttable presumption" in certain Title
VI investigations. The Agency is taking comments on
the draft Title VI of the Civil Rights Act of 1964:
Adversity and Compliance With Environmental
Health-Based Thresholds policy paper.
The Agency also continues to work on improving its
complaint processing by working with the U.S.
Department of Justice and other agencies to identify
and promote best practices, as well as to enhance
effective compliance with Title VI.
RE-EVALUATING THE ROLES OF COMPLAINANTS AND
RECIPIENTS IN THE TITLE VI COMPLAINT PROCESS.
During the past 1 8 months several stakeholders
provided the EPA with considerable feedback about
the roles of complainants and recipients in the Title
VI process. To address some of these concerns and
others, the Agency has undertaken a process of re-
evaluating the role of complainants and seeking
ways to create greater involvement in the complaint
process. On January 29, 201 3, the EPA released a
draft Title VI policy paper for public comment that
discusses the Agency's thinking about how to expand
-o
I
>
ro
o
TV
O
Q
TV
m
CO
CO
O
TV
n
z
O
m
O
c
co
n
TV
O
c
O
41 | P a g e
-------
>
LU
o
o
i
H
LU
U
I
to
Z
O
the roles of complainants and recipients in the Title
VI complaints process. The Agency is taking
comments on the draft Title VI of the Civil Rights Act
of 1964: Role of Complainants and Recipients in the
Title VI Complaints and Resolution Process policy
paper.
WORKING TO REVIEW AND REVISE FORM 4700 AND
REVISING EPA GRANTS TO INCLUDE A TITLE VI TERM
AND CONDITION. The EPA believes it is important to
clearly identify and outline for recipients their Title
VI responsibilities and to place greater focus on
prevention of discrimination and compliance with
Title VI. Thus, the Agency developed a new term
and condition addressing civil rights obligations. This
action will remind recipients of their obligations and
prepare them to be able to respond to the EPA's
compliance activities. This new Title VI term and
condition will be included in the EPA's domestic grant
and cooperative agreement awards on or after
January 23, 201 3. The EPA will also include the Title
VI term and condition in new fellowship awards, new
foreign grants and cooperative agreements as
legally appropriate.
INSERTING LANGUAGE RELATED TO TITLE VI
COMPLIANCE IN EACH MEDIA OFFICE'S NATIONAL
PROGRAM MANAGEMENT (NPM) GUIDANCE ON
EFFECTIVE GRANTS MANAGEMENT. The NPM guidance
is issued annually by EPA program offices to
provide the Agency's ten regional offices, states and
tribes with guidance on annual programmatic
priorities and implementation strategies.
INTERAGENCY WORKING GROUP ON ENVIRONMENTAL
JUSTICE (IWG) - TITLE VI COMMITTEE. The committee
supports agencies' efforts to connect their civil rights
enforcement responsibilities with their efforts to
achieve environmental justice. The IWG has
identified Title VI as one of its priority areas.4
The EPA is committed to establishing a model civil
rights program. When applied together, the above
steps place the Agency on course to developing an
effective Title VI program.
LU
O
z
u
O
0.
O
o
o
CN
' See Fostering Administration-Wide Action, page 1 8.
42 | P a g e
-------
Regional Community-Based
Accomplishments
The EPA's various community-based programs and
interagency partnerships have produced significant
benefits for communities. This work is critical to
achieving the goals of Plan EJ 2014 and makes an
important difference in the quality of life of
overburdened communities. The EPA's ten regional
offices are in the forefront of implementing these
efforts. This section provides 20 examples of successful
community-based initiatives that reflect the diversity of
the Agency's community-based work.
Plan EJ 2014 Progress Report 43 | P a g e
-------
This Page Intentionally Left Blank
44 I P a a e
Plan EJ 2014 Progress Report: Regional Community-Based Accomplishments
-------
Regional Community-Based Accomplishments
Region 1
ME
VT
NH
r>/A
CT
Rl
New Bedford, Massachusetts
As a busy commercial seaport, New Bedford Harbor and its surrounding
communities struggle economically and environmentally from closures of
large electrical device manufacturers. The 1 8,000 acre urban estuary is
one of the EPA's largest Superfund cleanup sites. Working with the state,
city and New Bedford communities, the EPA's Region 1 office removed
approximately 30,000 tons of contaminated soil from more than 40
residential properties surrounding the Parker Street Waste Site in New
Bedford. An abandoned Aerovox (AVX) building, once a primary
manufacturing facility for polychlorinated biphenyls (PCBs) and source of
pollution to New Bedford Harbor and more recently a fire risk, was
demolished and removed as a part of a joint venture between the city,
state, AVX and EPA Region 1. Using the EPA's authority under the
Comprehensive Environmental Response Cleanup and Liability Act
(CERCLA). also known as the Superfund Act, EPA Region 1 also worked with
the state and approved their request to construct a deep water shipping
terminal as part of the New Bedford Harbor Superfund cleanup. The effort
will also bring economic growth through jobs related to the staging of
offshore wind turbines. As a consequence of reaching settlement with AVX
for $366 million for the cleanup of New Bedford Harbor (the largest
single-site cash settlement in CERCLA program history), the EPA expects to
reduce the harbor cleanup time from a projected 40 years to 5-7 years.
Holyoke, Massachusetts
Nuestras Raices, Inc., as a result of support from the EPA's Community Action for a Renewed Environment
(CARE) program, increased the South Holyoke community's awareness of the local environmental health risks
and transformed blighted urban land into sustainable gardens while increasing green space and access to
healthy produce. The organization leveraged non-EPA funding to create a green jobs training program that
placed 22 graduates in local energy, green building and manufacturing companies; a weatherization
company and healthy food microenterprises. These successes led to the project's participation in the
Partnership for Sustainable Communities, comprised of the U.S. Department of Housing and Urban
Development (HUD), U.S. Department of Transportation (DOT) and the EPA. Nuestras Raices trained 40 local
at-risk youth in weatherization, insulation and solar hot water installation and 70 farmers on Integrated Pest
Management, watershed protection, soil fertility and business management. The Nuestras Raices partnership
also conducted Healthy Homes workshops with landlords and housing authorities to address pest and
moisture issues using energy efficient methods. Notably, while leveraging a community economic
development grant, Nuestras Raices launched and became the majority owner of Energia, a green energy
services company providing green jobs for local youth. Using a "triple bottom line" business model, Energia
is helping to increase energy conservation and renewable energy use in the community. As Energia grows
and thrives, it will provide a sustainable source of income reducing Nuestras Raices reliance on grants.
Plan EJ 2014 Progress Report
45 | P a g e
-------
Regional Community-Based Accomplishments
Region 2
Newark, New Jersey
The Ironbound community, located in the East Ward of Newark, is a multi-
ethnic, largely working-class neighborhood, where local factories,
warehouses, and industrial lots continue to operate alongside multiple-
family homes and public housing complexes. This community is host to a
variety of industrial and storm water pollution that affects air, water and
soil quality. With support from the EPA's Brownfields Area-Wide Planning
(BF AWP) Program, the Ironbound Community Corporation (ICC) worked
with residents of the Ironbound neighborhood to create a brownfields area-
wide plan that focused on three key brownfield sites. The BF AWP program
assists communities in responding to local brownfields challenges,
particularly where multiple brownfield sites are in close proximity,
connected by infrastructure, and overall limit the economic, environmental
and social prosperity of their surroundings. The ICC brownfields planning
process focused on these three sites because of their logical adjacency and
potential impact as a unit. Multiple community workshops helped guide and
shape the plan, from defining major issues at the outset, to refining and
prioritizing strategies and actions in the final stages. Overall, the community
supports brownfields cleanup and reuse initiatives that lead to greening
and growing, flexible market space and additional recreational
opportunities that will lead to improved food access, air quality and public
health, as well as better connections to economic redevelopment and job
opportunities. ICC's brownfields area-wide plan states that the community
planning for the reuse of these three key brownfield sites collectively will
improve overall project viability, revitalization impact and deepen the
neighborhood experience, helping to create a more dynamic public
resource and bring additional amenities to the Ironbound residents.
PR
US VI
West Harlem/New York, New York
Often called the cradle of African-American culture, Harlem is one of the oldest, most historically significant
urban centers in America. The predominately poor black and Latino community suffers from dilapidated
housing, industrial pollution sources, and a deficient waste management system combined with poor access to
healthy food and drinking water, limited open space and an unsafe outdoor environment that creates poor
physical health and high rates of psychological stress. West Harlem Environmental Action, Inc. (WE ACT) used
the EPA's CARE grant program as an opportunity to rally the Harlem community to take action and begin
addressing these issues. Through a community assessment supported by CARE, WE ACT and its Northern
Manhattan CARE Collaborative partners learned that the community's environmental and health problems were
significantly impacted by large amounts of garbage, pest infestation and the pesticides mitigation cycle. Using
a CARE grant to implement a program to address pest infestation, various community members (e.g., residents,
building superintendents and businesses) documented the problem and partnered with the New York City
Department of Health and Mental Hygiene to train residents and building maintenance staff on waste
management best practices and Integrated Pest Management (IPM) techniques. The EPA not only served as an
advisor for major decisions such as the identification and prioritization of mitigation actions but also helped
residents identify and access funding and technical support resources. These efforts led to reduced pest
infestation, better waste collection approaches and increased engagement of local business owners.
Plan EJ 2014 Progress Report
46 | P a g e
-------
Regional Community-Based Accomplishments
Region 3
Chester, Pennsylvania
Chester, Pennsylvania is located approximately 15 miles southwest of the
City of Philadelphia along the Delaware River. Of Chester's nearly
34,000 residents, African-Americans make up 74% of the population with
more than 27% below the poverty line. Citizens expressed concerns
related to clusters of waste facilities and multiple environmental pollution
issues that have led to high asthma rates, elevated levels of childhood
lead poisoning, low infant birth weight, high infant and adult mortality
and morbidity rates, and high cancer rates in adults. To address the
concerns, the community has been effectively collaborating and
partnering with the City of Chester, the Pennsylvania Department of
Environmental Protection (PADEP), the Chester Environmental Partnership
(CEP), the EPA's Region 3 office, local residents, academia and business
and industry. The citizens have worked to secure funding through grant
programs such as State Environmental Justice Cooperative Agreement
(SEJCA). Environmental Justice Small Grants and other funding sources to
develop programs that address such issues as childhood asthma, childhood
lead poisoning and pollution from hazardous waste facilities. The
programs are also helping the community build and maintain partnerships
with facilities and educate community residents faced with environmental
issues. The partnerships developed as a result of the programs have led
to increased awareness of environmental justice within the City of Chester
and a greater capacity within the community to address their local issues
as a part of the decision-making process.
Port of Huntington Tri-State
The EPA's Region 3 office, in partnership with EPA's Region 4 and 5 offices, the National Enforcement
Investigations Center, OECA's Office of Compliance and the West Virginia Department of Environmental
Protection, participated in The Port of Huntington Tri-State Collaborative Geographic Initiative (Initiative). The
Port of Huntington Tri-State (Port) is the largest inland port in the United States both in terms of total tonnage
as well as ton-miles of cargo. The Port stretches along 199 miles on the Ohio, Kanawha, and Big Sandy rivers.
Heading east, Port operations occur in major U.S. cities such as Ashland, Kentucky, Huntington, West Virginia
and Charlestown, West Virginia in the Kanawha Valley. There is increasing evidence of impacts from port
facilities' use of the area's land, air and water resources, which have resulted in poor public and environmental
health for communities located within the port's boundaries. The Initiative utilized an integrated strategy which
began with a comprehensive targeting effort, including on-site reconnaissance, and incorporated
complementary strategies on enforcement, compliance assistance and community involvement. The EPA
conducted twenty multi-media inspections throughout the Port. Additionally, the Agency provided
approximately 1,500 facilities with sector-based compliance assistance materials. Two community meetings
were convened to explain the Initiative and to hear the public's thoughts and concerns. In partnership with the
Huntington District Waterways Association, the EPA also sponsored a free, one-day environmental compliance
assistance workshop for the Port of Huntington manufacturing facilities.
Plan EJ 2014 Progress Report
47 | P a g e
-------
Regional Community-Based Accomplishments
Region 4
**
South Carolina Leaders in Environmental Action Pilots
The South Carolina Department of Health and Environmental Control
(SCDHEC) implemented the "Leaders in Environmental Action Pilots"
(LEAP) program with support from the EPA's State EJ Cooperative
Agreement program. They used collaborative problem-solving
approaches to address the environmental and social justice concerns in
four environmental justice communities. As a result of the pilots, the
Blackmon Road community, in Rock Hill, obtained a comprehensive
water infrastructure study and participated in community development
training. Residents from the Aiken County participated in training under
the Superfund Job Training Initiative and organized the SC
Environmental Justice Coalition to address EJ concerns in the state of
South Carolina. The mill town communities of Graniteville, Warrenville,
and Vaucluse partnered with Clemson University's School of Landscape
Architecture to design a landscape for the green areas within the
communities. They used the grant money to hire the Urban League
Institute to assist with developing a Community Master Plan. In addition,
the community held vision sessions in preparation for upcoming
brownfields assessments. The North Charleston communities continue to
address environmental issues related to expansion of the Port of
Charleston. The SC DHEC was able to provide significant assistance to
all four pilot communities, and in doing so brought together a number
of agencies and organizations that can now continue to assist these
communities toward their individual goals. A workbook and DVD to
assist communities with similar issues has been developed.
Jacksonville, Florida
The EPA's Jacksonville EJ Showcase Community project focused primarily on reducing environmental and human
health impacts in Health Zone 1 (HZ1), the city's urban core area. HZ1 consists of six zip codes of
overburdened neighborhoods, affected by many of the health, social and education issues that are common in
low-income areas, including high rates of asthma and elevated blood lead levels in children, high
unemployment and low awareness of environmental hazards. The EPA's Region 4 office utilized a
collaborative, community-based approach using new and existing financial, technical and human capital
resources to improve public health and the environment. Through a process of collaboration, dialogue and
information sharing, the following results were achieved: a comprehensive fish and shellfish study that revealed
elevated levels of several pesticides, arsenic, and industrial chemicals in several species consumed by residents
of HZ1; issuance of 24 fish consumption advisory signs posted along creeks alerting residents of HZ1; a
reduction in the exposures of neighborhood children to asthma triggers and lead-based paint by employing
numerous outreach educational strategies targeting day care centers and thousands of residents in HZ1;
several "build your own" rain barrel and community garden workshops to improve public health and provide
fresh food; three community-industry forums to improve communications by fostering community-industry
dialogues; and an increase in the access to community benefits through development of a community health
clinic on former Brownfields and Superfund sites. The key project successes were due in large part to
coordination and collaboration among the multi-stakeholder partnerships established with federal, state, local
agencies and community based organizations.
Plan EJ 2014 Progress Report
48 | P a g e
-------
Regional Community-Based Accomplishments
Region 5
Milwaukee, Wisconsin
The EPA's Region 5 EJ Showcase Community effort focused on
Milwaukee's 30th Street Corridor. The project addressed three major
issues impacting this low-income area suffering from vacant and under-
used industrial properties and loss of manufacturing jobs. The effort
resulted in: (1) using geographic-based targeted enforcement to assess
facilities in the community, along with conducting 1 3 facility inspections;
(2) training community health workers and healthcare providers to
address community concerns about exposure to pollutants and chemicals in
public schools and residences; and (3) increasing community access to
healthy homes best practices and healthy foods through community
gardening. With respect to healthy foods, project partners completed
tasks identified by the Milwaukee Food Council, the City of Milwaukee,
and many community garden organizations to improve community
gardening in Milwaukee. Guided by the input and direction of the
stakeholder group, the Urban Agriculture Code Audit, the Urban
Agriculture Guide, and the Urban Agriculture Research Project produced
a review of sustainable practices and performance measures.
Recommendations from the review are being used by the city to revise
city codes, to remove obstacles to urban agriculture for residents and
organizations, and to assist the city's development of its sustainability
plan. The city has indicated that the revised codes will be ready for the
city council's review and approval in early 201 3.
Evansville, Indiana
The Jacobsville Neighborhood Soil Contamination Superfund Site is located in a mixed-use area in Evansville,
Indiana where multiple now-closed facilities operated from 1 880 to 1 950. These operations released lead and
arsenic particles into the air that ended up in the soil, with estimated impacts on over 4,000 residential
properties. The cleanup project is expected to take at least ten years. In 2012, the EPA worked extensively in
the community to expedite the cleanup by improving awareness. Color-coded sampling results letters were
developed to convey risk in a way that was easily understood by the public. This innovation enabled work to
progress both on the excavation of contaminated yards and on the sampling necessary to prepare for future
rounds of cleanups. A total of 469 properties were cleaned up and another 661 properties were sampled for
future cleanups in the past year. The EPA also completed the Superfund Jobs Training Initiative (JTI) program at
the Jacobsville Site. The JTI program provided two weeks of free training to 20 underemployed area
residents, qualifying them for employment in environmental cleanup jobs. Upon graduation, 12 trainees were
hired by EPA's contractor to work on the project.
Plan EJ 2014 Progress Report
49 | P a g e
-------
Regional Community-Based Accomplishments
Region 6
Port Arthur, Texas
The EPA's Region 6 EJ Showcase Community effort focused on the Westside
neighborhood of Port Arthur, Texas. The Westside neighborhood spans about 60
blocks and is home to approximately 3,500 people, of which approximately 44
percent live below the poverty level. It has a history of complaints by
neighborhood residents regarding significant air pollution problems. Many
residents believed the sources of the air pollution were emissions from nearby
petroleum plants. They formed the Community in Power and Development
Association (CIDA), a local community-based organization, over ten years ago to
investigate air quality issues and advocate for improving the economic growth
and health of the neighborhood. Port Arthur is implementing a comprehensive,
cross-media action plan in the city's Westside neighborhood, which shares fence
lines with two large oil refineries (Motive and Valero) and an active port. The EJ
Showcase Community project brought together federal and local government,
religious leaders, industry, community leaders and citizens in a collaborative
community-based effort aimed at improving the community's public health and
the environment. The EPA held public meetings and used input from stakeholders
to develop and implement a comprehensive, cross-media action plan for the
Westside community. The action plan resulted in the receipt of multiple grants to
help resolve concerns in emergency response, health, air, water and land.
Partnerships were created with: (1) the Healthy Homes Outreach Project,
University of Texas Foundation in collaboration with University of Texas Medical
Branch at Galveston and CIDA; (2) the After School Environmental Science Lab
Project, Tekoa Charter School; and (3) the Golden Triangle Empowerment Center
Job Training Program. The project resulted in engaged partnerships among the
Port Arthur community, stakeholders and industry. The project facilitated the
construction of a Health Clinic on Port Arthur's Westside and by supporting
revitalization assessments of 1,300 properties with $330,000 through
Brownfields. The project also provided neighborhood community training for
Healthy Home training, emergency response, job training and education that will
lead to improved food access, air quality and public health; as well as better
connections to economic redevelopment and job opportunities.
Tar Creek, Oklahoma
The Tar Creek Superfund Job Training Initiative (SuperJTI) is one of the many SuperJTI projects nationwide
that are making a difference for citizens living in communities affected by Superfund sites. In June 2011,
SuperJTI, an environmental job readiness program, provided career development opportunities for 26
trainees living near the Tar Creek Superfund site. Through a partnership with the EPA, local partners and
cleanup contractors, Tar Creek SuperJTI provided local job seekers with new skills and work experience
linked to the cleanup of the Tar Creek site. Graduates from the program were placed in a variety of
positions including environmental technicians, dump truck drivers and heavy equipment operators. The trainees
were a diverse group, including Native Americans, Caucasians and Hispanics. Many lived in areas
surrounding the site. Much of the cleanup was focused on excavation of lead-contaminated soils from
residential yards and high-access areas. Other cleanup activities have included surface water management
and the plugging of abandoned wells. Taken together, these activities have seriously reduced the exposure
of the population to contamination, especially exposures to young children. Upon completion of the SuperJTI
program, graduates possess the marketable skills needed to begin a successful career in environmental
remediation and become valuable members of the workforce.
Plan EJ 2014 Progress Report
50 | P a g e
-------
Regional Community-Based Accomplishments
Region 7
Oak Grove/Kansas City, Kansas
Oak Grove is a residential neighborhood located in the northeastern part
of Wyandotte County, in Kansas City, Kansas. This community of 1,500
residents has historically struggled with significant environmental quality
issues and economic blight. Nearly 46% of Oak Grove's residents live in
poverty and 71% of the community's residents are minorities including a
significant population of first generation immigrants from over half a
dozen different countries. In 2011, as part of the Mineral Wool
Production and Wool Fiberglass Manufacturing rulemaking process,
Region 7 was informed of disproportionate air emissions from a facility
located in an industrial district adjacent to the neighborhood. As a result,
the EPA's Region 7 office partnered with the Oak Grove community to
develop learning sessions with the intention of opening a dialogue with
the community on environmental issues. The Agency's Brownfields/Land
Revitalization. Superfund, Air, Water, Public Affairs, and environmental
justice programs collaborated together and designed a series of
workshops that focused on providing technical assistance to the community.
Topics of discussion ranged from cumulative air quality impacts, health
risks from air contaminants and fish consumption from local waterways.
These learning sessions resulted in enhanced community participation and
relationships between the EPA, other Federal agencies and local partners.
Through this work, the EPA improved the capacity of the community to be
involved with the air rulemaking process and developed skills to further
their engagement as participants in other environmental issues.
Kansas City Metro Area, Kansas
The EPA's Region 7's EJ Showcase Community effort worked with economically-distressed neighborhoods in the
Kansas City metropolitan area to address community concerns by reducing exposure to environmental hazards
from local water use and subsistence fishing, land use and indoor air quality. The communities identified
environmental education and awareness, and youth engagement as important objectives. As part of an area-
wide effort to encourage residents to use and protect local water ways, the EPA provided fish consumption
education to the local residents using Kansas City urban lakes and streams which are common locations for
subsistence fishing. To help residents, the Agency partnered with faith-based organizations, neighborhood
associations, hospitals and community health organizations to train community leaders and staff from local
community service organizations to assist residents in learning "Healthy Homes Principles" to reduce
environmental hazards. These efforts focused on households who may face indoor home and workplace air
quality issues and associated health concerns, particularly sensitive populations such as children and those with
weakened immune systems. The EPA also worked with residents to identify vacant and abandoned property for
agricultural re-use proposals or re-zoning. With assistance from the EPA and the local university, residents not
only learned how to safely and effectively design and garden or farm on vacant lots and brownfields but they
also learned best practices to prevent soil contamination. These efforts have led to the design, planning and
operation of green urban gardens in various areas across the metro area.
Plan EJ 2014 Progress Report
51 | Pag e
-------
Regional Community-Based Accomplishments
Region 8
UT
San Luis Valley, Colorado
The San Luis Valley (SLV) in southern Colorado is a highly populated alpine
desert community dispersed over six counties. The largely agricultural based
region is made up of diverse rural communities. There are environmental
concerns related to legacy mining, illegal dumping, pesticide use, air quality,
radon and drinking water. Health issues include high asthma rates and
concern that pesticides and radon are impacting health. The San Luis Valley
Ecosystem Council (SLVEC) received support from the EPA's CARE program,
which was designed to identify, assess and ultimately reduce pollutants in the
environment. SLVEC worked to build partnerships and relationships with
residents, county, state, local, and federal governments to identify issues and
develop strategies to address environmental and health issues in the region.
The protocol for engaging public health nurses for all six counties, as well as
a regional epidemiologist, has worked to foster an environmental health focus
in the region. The establishment of a state funded radon testing program has
also been a significant outcome of the project. The EPA's Region 8 office has
leveraged expertise from other federal agency programs to build capacity
among the stakeholders in the local area through training and information
sharing. Other major outcomes include the increased awareness of
environmental health issues within the local public health departments as well
as the partnerships that have been forged to focus on environmental concerns
in the valley and on improved quality of life for its residents.
Spirit Lake Tribe, North Dakota
The Spirit Lake Tribe, located in East Central North Dakota, adopted a Long Term Community Recovery Plan in
December 2010 to address chronic flooding problems associated with the rising waters of Devil's Lake. The
lake is the major surface water feature on the reservation. With support from multiple federal agencies,
including the EPA, HUD, DOT, Bureau of Indian Affairs (BIA), Federal Emergency Management Association
(FEMA), Economic Development Administration (EDA), Office of Management and Budget (OMB) and the U.S.
Department of Agriculture (USDA), the tribe developed a Sustainable Community Comprehensive Plan
Framework. Spirit Lake tribal elders describe the tribe's comprehensive planning efforts as "A Journey from the
Past to the Future" for the tribe. The tribe has made impressive progress as a result of this Long Term
Community Recovery effort, including but not limited to: acquisition of funding to relocate a wastewater
treatment system in the Saint Michael's community; adoption of a new emergency management plan which has
allowed the tribe to compete for and obtain Hazard Mitigation funding; completion of the first phase of a new
emergency response center; completion of an elderly assisted living community center in the Fort Totten
community; transfer of lands from BIA management to the local community college for future community
education and health program growth; completion of a "no findings" audit for the tribe's housing program (a
major milestone); and several other immediate economic and sustainable living project priorities found in the
sustainable community comprehensive plan framework for the tribe.
Plan EJ 2014 Progress Report
52 | P a g e
-------
Regional Community-Based Accomplishments
Region 9
CA
NV
AZ
HI
San Joaquin Valley, California
California's San Joaquin Valley is the nation's leading agricultural producing
region. California leads the country as a dairy state and three-quarters of its
cows are in the valley. Transportation, especially trucks, is the largest source
of air pollution. In part due to the unique topography and wind patterns, the
valley has some of the worst air quality in the nation. High rates of poverty
and unemployment combined with some of the highest rates of childhood
asthma in California makes the San Joaquin Valley an EPA Region 9 office
geographic priority in its strategic plan. In addition to partnerships, oversight
and enforcement, EPA's Region 9 office is supporting community-based
problem solving through grants, technical assistance and an intern. The EPA
partnered with Californians for Pesticide Reform and Fresno Metro Ministry
using a children's health cooperative agreement and an EJ grant to
implement web-based systems to monitor, track and address environmental
hazards in Kern (KEEN) and Fresno Counties (FERN). The EPA's EJ Small
Grants program supported Greenaction's project to reduce diesel emissions
in Kettleman City and Avenal through an anti-idling project focused on
trucking facilities, including the signing of "Good Neighbor" agreements by
nine local businesses. An EJ grant also supported the Community Water
Center's education of rural low-income communities about drinking water
conditions. CWC has empowered communities to support changes to policy
through state law via the Human Right to Water Bill (AB 685) which will set
guidelines to ensure clean drinking water for San Joaquin residents.
Oahu, Hawaii
The Pacific American Foundation, with funding from the EPA's CARE program, supported the Kg Wai O/a O
Wa/cmae (The Living Waters of Waianae) project on Oahu, Hawaii. The primarily Native Hawaiian and low-
income community living along the Waianae Coast, faces many EJ issues due to the co-location of several
pollution-producing facilities. Additional funding from the EPA's Technical Assistance Services for Communities
(TASC) and Brownfields programs assisted the project advisory committee in evaluating data, ranking impacts
and prioritizing issues for action. A group of task forces used a four-pronged strategy to engage the multi-
generational community; educate the community on impacts of pollutants on the environment; execute activities
that promote behavior change and reduce pollutants; and evaluate progress toward success. Task forces are
focusing on beach cleanups and mentoring youth. The commercial illegal dumping task force is forming a
roundtable of trucking companies and government personnel, promoting community reporting of illegal
dumping and serving on the state tire task force. Twenty-five farmers attended workshops on integrated pest
management and piggery waste management with the goal of farmers implementing best practices,
developing a conservation plan and/or applying for cost-sharing assistance. The project is using social media
tools such as Facebook to advance project promotion as well as videos and photos to demonstrate how
residents are changing their attitudes and behaviors related to illegal dumping and farming practices. Task
force members include Hawaii Department of Health, City & County of Honolulu, Boys & Girls Club, Leeward
Kai Canoe Club, Oahu Resource Conservation & Development Council and Kahumana Farms.
Plan EJ 2014 Progress Report
53 | P a g e
-------
Regional Community-Based Accomplishments
Region 10
Lower Yakima Valley, Washington
The EPA and its state, tribal, local and non-profit partners are addressing
multiple environmental home health stressors in the Latino and tribal
communities in Lower Yakima Valley, Washington, including Yakima and
Benton Counties and Yakama Nation. The EPA's Region 10 EJ Showcase
Community initiative supported a set of coordinated efforts to address
community environmental exposure from both water and air. The project had
a primary focus on reducing exposure from contaminated private well
drinking water. Nitrate contamination, which was found to be above the
Maximum Contaminant Level (MCL) in more than 20% of the area's shallow
private wells, presents acute and chronic health risks, particularly for small
children and pregnant women. The Agency assessed the primary contributors
to nitrate loading in groundwater and developed a comprehensive GIS tool
to guide the nitrate investigations in Yakima Valley. The tool is now being
used to track other environmental health concerns in the community. The EPA
conducted grassroots outreach to communicate with residents and screened
wells to see if residents qualified for free water systems provided by Yakima
County. Partnering with Yakima County, with a $400,000 state grant, over
600 wells were tested resulting in the installation of well water filters in 1 66
homes. Outreach and translation were also provided to accommodate
Spanish-speaking farm workers with private wells residing in the area. With
respect to air issues, the EJ Showcase Community initiative provided
facilitation and meeting support for a community forum on air concerns (110
community members attended). These have been several of the many
successful efforts initiated to address area groundwater and air issues.
Athabascan Region, Alaska
The Alaska Department of Environmental Conservation (ADEC) initiated the Tribal Participation Protocol
Development Project (TPP) in partnership with six tribal communities that make up the Yukon-Koyukuk Subregion
of the Tanana Chiefs Conference, a consortium of 42 tribal villages in the Athabascan Region of Alaska. Tribal
communities have been asking for a stronger role and voice in permitting decisions under the Alaska Pollution
Permit Discharge Elimination System (APDES), particularly to safeguard fish and other subsistence resources on
which native families and villages depend. ADEC and the six tribal communities, through the State EJ
Cooperative Agreement Program, developed a protocol for early notification and coordination with tribes on
wastewater discharge permitting actions; guidance for local and tribal government involvement in the Alaska
Pollutant Discharge Elimination System (APDES) permitting process; training presentations and workshops for
tribal participants and ADEC staff; and 'tool kit' components, such as a cross-cultural communication booklet
and webpage for tribes interested in APDES permitting actions. Coordination with tribes facilitates the
development of sound permits that incorporate local conditions and concerns. For example, improved outreach
to tribes and others during the permit development process resulted in ADEC incorporating conditions in the
APDES general permit for small suction dredge operators that restrict wastewater discharges from fragile and
productive areas, such as eelgrass and shell fish beds, often accessed by tribes for subsistence resources.
Additionally, the SEJCA project resulted in the designation of an EJ coordinator for ADEC.
Plan EJ 2014 Progress Report
54 | P a g e
-------
Appendix A:
Implementation Plans Deliverable Tables
Plan EJ 2014 Progress Report 55 | P a g e
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report 56 | P a g e
-------
Appendix A: Rulemaking Deliverable Table
INCOPORATING ENVIRONMENTAL JUSTICE INTO RULEMAKING
Lead Offices and Regions; Office of Chemical Safety and Pollution Prevention; Office of Policy; Office of
Research and Development; Office of Environmental Justice; Region 9
ACTIVITIES
DELIVERABLES MILESTONES
Strategy 1: Finalize the Interim Guidance on Considering Environmental Justice During the
Development of an Action
Activity 1.1: Conduct public
comment period
Activity 1 .2: Review internal
and external comments
Activity 1 .3: Interview and
review documents produced
by EPA rule-writing groups
Activity 1 .4: Revise and
release Final Environmental
Justice Rulemaking Guidance
Report on Summarizing Internal and External Comments, Rule-
Writing Documentation Assessment, and Experiences of EPA
Rule-Writers in Implementing Interim Final Guidance.
Draft Final Guidance on Considering Environmental Justice
During the Development of an Action.
Final Guidance on Considering Environmental Justice During the
Development of an Action.
Complete
Complete
March 20 13
Strategy 2: Facilitate and monitor implementation of guidance on incorporating environmental
justice into rulemaking.
Activity 2.1:
Activity 2.2:
Activity 2.3:
Distribute model training presentations to Agency, NPM, and
regional regulation development and ADP trainers.
Initiate a continuous learning effort to identify effective
practices and lessons learned from the Agency's ongoing
rulemaking efforts.
Develop and commence implementing a monitoring scheme to
assess the extent to which the guidance is being applied, the
resources being devoted to its application, and the effect it is
having on rulemaking decisions.
Complete
Complete
Ongoing
Strategy 3: Develop technical guidance for assessing environmental justice in regulatory analysis.
Activity 3.1
Activity 3.2
Activity 3.3
Develop draft technical guidance on incorporating
environmental Justice.
Complete Draft Final EJ Technical Guidance.
Issue Final EJ Technical Guidance.
Complete
December 2013
Spring 2014
Plan EJ 2014 Progress Report
57 | Page
-------
Appendix A: Permitting Deliverable Table
CONSIDERING ENVIRONMENTAL JUSTICE IN PERMITTING
Lead Offices and Regions; Office of Air and Radiation; Office of General Counsel; Region 1
ACTIVITIES DELIVERABLES MILESTONES
Strategy 1 : Develop tools that will enhance the ability of overburdened communities to participate fully and
meaningfully in the permitting process.
Strategy 2: Concurrently with Strategy 1, develop tools to assist permitting authorities to meaningfully
address environmental justice in permitting decisions.
Strategy 3: Implement these tools at EPA and work with others to do the same.
Activity 1.1:
Conduct an initial literature review -
including a review of previous
NEJAC papers, publications, and
other recommendations - to identify
an initial list of existing and needed
tools.
Activity 1 .2:
Convene a cross-agency workgroup.
Activity 1 .3:
Review and evaluate the permitting
process for a minimum, of three
federal permits with environmental
justice considerations, for use as case
studies to identify existing and
needed tools.
Activity 1 .4:
Coordinate overlapping strategies
with other Plan EJ 2014 cross-
Agency elements and consider
integrating and leveraging activities
between them.
Activity 1 .5:
Issue the final implementation plan.
Activity 2:
Solicit existing and recommended
tools from internal and external
stakeholders.
Activity 3:
Create an initial list of priority
needed tools and corresponding
deliverables for Year 1 (tools for
public participation in permitting
process objective).
1.1: Completed an initial literature review, which
included the following NEJAC recommendation reports:
"Enhancing Environmental Justice in EPA Permitting
Programs" and "Environmental Justice in the Permitting
Process: A Report from the NEJAC."
1 .2.1: The workgroup met for the first time on March 7,
2011.
1 .2.2: The workgroup will continue to meet throughout
the duration of this project.
1.3.1: Identified three federal permits with
environmental justice considerations for use as case
studies to identify existing and needed tools.
1 .3.2: Completed a list of existing and needed tools
from the case studies.
1.4.1: Regular meetings with other cross-agency
workgroups.
1 .4.2: Coordinate with EJSCREEN Implementation
Workgroup for permit-related priorities.
1.4.3: Coordinate EJ Legal Tools implementation for
permit-related priorities.
1.5: Issued the final implementation plan.
2: Completed a list of existing and needed tools from
internal and external stakeholders.
3: Developed an initial list of tools and corresponding
deliverables for Year 1.
Completed
Completed
Ongoing
Completed
Completed
Ongoing
Ongoing
Ongoing
Completed
Completed
Completed
Plan EJ 2014 Progress Report
58 | P a g e
-------
Appendix A: Permitting Deliverable Table
ACTIVITIES
Activity 4.1:
Develop draft of public participation
in the permitting process tools.
DELIVERABLES
4.1 Circulated a draft of the agency-wide Guidelines
for Regional Implementation Plans to Promote
Meaningful Engagement in the Permitting Process of
Overburdened Communities and Promising Practices for
Permit Applicants Seeking EPA-lssued Permits to
stakeholders for review and comment.
4.2: Circulated drafts to Environmental Justice Council
(EJC) for review and comment.
4.3: Circulated drafts to Administrator for review and
comment.
4.4: Published drafts in Federal Register for comment;
Held information listening sessions with ECOS, NACAA,
NIC, NTOC, NTAA, and leaders from business and
industry and communities on drafts; Met with NEJAC
permitting workgroup on drafts; Conducted national
tribal consultation on drafts.
4.5: Revise drafts based on stakeholder input and
public comments and respond to frequently asked
questions, raised by stakeholders and in public
comments, about the drafts published in the Federal
Register.
MILESTONES
Completed
Completed
Completed
Completed
Completed
Activity 4.2:
Solicit comment on revised 1)
agency-wide Guidelines for Regional
Implementation Plans to Promote
Meaningful Engagement in the
Permitting Process of Overburdened
Communities; and 2) Promising
Practices for Permit Applicants
Seeking EPA-lssued Permits.
4.2.1: Conduct Workgroup review of revised drafts.
November
2012-
February
2013
4.2.2: Conduct EJC review of revised drafts.
November
2012-
March2013
Activity 4.3: Finalize the 1) Agency-
wide Guidelines for Regional
Implementation Plans to Promote
Meaningful Engagement in the
Permitting Process of Overburdened
Communities and 2) Promising
Practices for Permit Applicants
Seeking EPA-lssued Permits.
4.3: Publish the final 1) Agency-wide Guidelines for
Regional Implementation Plans to Promote Meaningful
Engagement in the Permitting Process of Overburdened
Communities and 2) Promising Practices for Permit
Applicants Seeking EPA-lssued Permits.
March 2013
Activity 4.4:
Assist regions in developing Regional
Implementation Plans for enhanced
outreach to overburdened
communities.
4.4.1: Hold Regional staff meetings on progress in
developing Regional Implementation plans.
Ongoing
4.4.2: Conduct EJC review of Regional Implementation
Plans.
March 2013
4.4.3: Public release of Regional Implementation Plans.
May 2013
Plan EJ 2014 Progress Report
59 | P a g e
-------
Appendix A: Permitting Deliverable Table
ACTIVITIES
Activity 5.1:
Assess needs for EJ in decision-
making objective-EJ analysis for
permits and permit outcomes.
DELIVERABLES
5.1.1: Collected case studies of EJ permitting analysis
and outcomes from workgroup.
5.1.2: Reviewed Environmental Appeals Board
decisions on EJ analysis for permits.
5.1.3: Initial discussions with steering committee and
workgroup on proposed deliverables.
5.1.4: Survey on EJ analysis for permits sent to EJC.
MILESTONES
Completed
Completed
Completed
Completed
Activity 5.2:
Draft tools for EJ in decision-making
objective.
5.2.1: Initial draft of EJ analysis deliverable for permits
and permit outcomes.
March 2013
5.2.2: Review and comment on draft of EJ analysis
deliverable by workgroup.
April 201 3
5.2.3: Review and comment on draft of EJ analysis
deliverable by stakeholders.
June 2013
5.2.4: Review and comment on draft of EJ analysis
deliverable by EJC.
July 2013
Activity 5.3:
Finalize tools for EJ in decision-
making objective.
5.3: Final EJ analysis deliverable.
September
2013
Activity 6:
Identify opportunities to test the
draft tools on enhancing public
participation in the permitting
process through ongoing permit
activities.
6.1: Worked with the National Program Managers to
incorporate expectations and goals for implementing
permitting tools in National Program Managers
Guidance for FY 1 3.
Completed
6.2: Work with the National Program Managers to
incorporate expectations and goals for implementing
permitting tools in National Program Managers
Guidance for FY 14.
Completed
Activity 7:
Develop training and implementation
plan for EJ permitting tools.
7.1: Piloted EJ permitting training for air permits at the
Region 4 EJ Conference in August 2012 to assess
community needs and determine how new tools fit into
permitting training module under development.
Ongoing
7.2: Coordination with EJSCREEN implementation
workgroup on trainings for using EJSCREEN to screen
permits.
September
2012-April
2013
7.3: Develop plan for future trainings and outreach for
EPA staff and external stakeholders.
May 2013
Plan EJ 2014 Progress Report
60 | P a g e
-------
Appendix A: Enforcement Deliverable Table
ADVANCING ENVIRONMENTAL JUSTICE THROUGH COMPLIANCE AND ENFORCEMENT
Lead Offices and Regions; Office of Enforcement and Compliance Assurance; Region 5
ACTIVITIES
Activity 1:
Consider environmental justice in
selecting National Enforcement
Initiatives (NEIs) for FY 201 1 -1 3.
DELIVERABLES
1.1.1: Selection of National Enforcement Initiatives
for FY 2011-13.
MILESTONES
Complete
Activity 1.2
Advance environmental justice
goals through implementation of
NEIs.
1.2.1: Strategic Implementation Team (SIT)
strategies to include opportunities to advance
environmental justice goals.
Complete
Activity 1.3:
Consider environmental justice in
nominating and selecting National
Enforcement Initiatives for FY
2014-16.
1.3.1: Process to select FY 2014-16 NEIs to include
input from EJ groups on opportunities to advance
environmental justice goals.
Ongoing
Strategy 2: Advance environmental justice goals through targeting and development of compliance
and enforcement actions.
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.
2.1.1: Issue guidance to EPA managers and staff
that calls for consideration of environmental justice
in EPA's compliance and enforcement program.
2.1.2: Revise Model Litigation Report Guidance to
call for increased analysis and discussion of
environmental justice in judicial referrals.
2.1.3: Consider environmental justice data, along
with criminal case tiering information.
2.1.4: Issue guidance calling for discussion of
environmental justice issues in requests for
prosecutorial assistance.
Complete
Complete
Ongoing
Complete
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.
2.2.1: Develop a plan and timetable for review of
Enforcement Response Policies.
Complete
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. [Completed per Activity
2.8]
2.3.1: Finalize implementation of the NEJAC
technical recommendations for EJSEAT already
accepted.
Complete
2.3.2: Reconsider and finalize response to the
NEJAC recommendations on EJSEAT following
issuance of final work product by Environmental
Justice Screening Committee (to ensure consistency).
Complete
Activity 2.4:
Seek opportunities to advance
environmental justice goals in
implementing the Clean Water
Action Plan.
2.4.1: 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
Plan EJ 2014 Progress Report
61 | Pag e
-------
Appendix A: Enforcement Deliverable Table
ACTIVITIES DELIVERABLES MILESTONES
Activity 2.5:
Seek opportunities to advance
environmental justice goals in
conducting the National
Enforcement Strategy for RCRA
Corrective Action.
Activity 2.6:
Improve compliance at federal
facilities where violations may
affect overburdened communities.
Activity 2.7:
Develop tracking and reporting
tools on potential environmental
justice concerns and results in
enforcement actions.
Activity 2.8:
Transition OECA to EJSCREEN.
[New in 20 1 3]
Strategy 3: Enhance use of enforce)
in regional geographic initiatives t<
Activity 3. 1 :
Regions will include use of
enforcement tools as part of
integrated problem-solving
strategies that are focused on
particular geographic areas.
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.
2.5.1: 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.
2.5.2: Identify as priorities for enforcement,
Corrective Action sites using the potential for
environmental justice concerns as a factor.
2.6.1: Use EJSCREEN 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.
2.7.1: Develop and implement
technical/programming requirements for the ICIS
database.
2.7.2: Develop reporting guidance.
2.7.3: Revise the Criminal Case Reporting System
(CCRS) to capture information concerning potential
environmental justice concerns in criminal
enforcement investigations and prosecutions.
2.8.1: Phase out the use of EJSEAT and transition all
business practices to use EJSCREEN by April 1 ,
2013.
2.8.2: Develop additional enforcement and
compliance policy to use in EJ screening.
Complete
Complete
Ongoing
Complete
Complete
Complete
Ongoing
Ongoing
nent and compliance tools to advance environmental justice goals
> address the needs of overburdened communities.
3.1.1: 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.
3.1.2: Document accomplishments and future plans
for including enforcement in these geographic
initiatives.
3.2.1: Regions will be asked to evaluate
appropriate compliance assistance tools when
applying integrated problem-solving strategies in
selected geographic areas with environmental
justice concerns.
3.2.2: Document accomplishments and future plans
for including compliance assistance in these
geographic initiatives.
Ongoing
Complete
Ongoing
Complete
Plan EJ 2014 Progress Report
62 | P a g e
-------
Appendix A: Enforcement Deliverable Table
ACTIVITIES DELIVERABLES MILESTONES
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 SEPs in civil
enforcement actions.
Activity 4.2:
Increase efforts to benefit
overburdened communities through
use of community service and the
Crime Victims' Rights Act (CVRA) in
criminal actions.
4.1.1: 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.
4.1.2: Assess opportunities for increasing
environmental justice benefits in remedies in
administrative actions.
4.2.1: 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
developing environmental crimes case resolutions
(e.g., restitution).
4.2.2: Provide comments on the DOJ/Attorney
General's CVRA Guidelines.
4.2.3: Coordinate with DOJ in their
implementation of CVRA guidelines for federal
environmental prosecutions.
4.2.4: Evaluate use of restitution, community
service, and CVRA in federal environmental
prosecutions, and issue guidance to investigators.
4.2.5: Document and share recommendations and
best practices for taking action on these
opportunities.
Ongoing
Ongoing
Ongoing
Complete
Ongoing
Ongoing
Complete
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 5. 1 :
Provide affected communities with
information about enforcement
actions and meaningful opportunities
for input on potential environmental
justice concerns and remedies to be
sought, as appropriate.
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.
Activity 5.3:
Enhance communication of
environmental justice benefits of
EPA's enforcement actions.
5.1.1: Identify communities where enhanced
communication and consultation regarding
enforcement matters is appropriate.
5.1.2: Provide communities with information
about enforcement actions and meaningful
opportunities for input on potential environmental
justice concerns and remedies to be sought, as
appropriate
5.2.1: Coordinate across EPA offices to maximize
website information on cleanup enforcement at
specific sites.
5.2.2: Participate in the development of fact
sheets that explain the cleanup enforcement
process.
5.2.3: Prepare compendium of best practices.
5.3.1: Develop policy on communicating in press
releases and similar statements the environmental
justice benefits of EPA's enforcement actions.
Ongoing
Ongoing
Ongoing
Ongoing
Complete
Complete
Plan EJ 2014 Progress Report
63 | P a g e
-------
Appendix A: Community-Based Deliverable Table
SUPPORTING COMMUNITY-BASED ACTION PROGRAMS
Lead Office and Regions: Office of Solid Waste and Emergency Response; Regions 2, 3,4
ACTIVITIES DELIVERABLES MILESTONES
Strategy 1: Advance EJ principles through the FY201 1 National Environmental Performance Partnership
System (NEPPS) and the National Program Manager (NPM) guidance.
Activity 1 :
Create a workgroup to provide
recommendations that mutually support
community involvement, resource/data
sharing, monitoring/tracking and
training within programs implemented
through performance partnership
agreements, tribal agreements, and
work plans guided by NEPPS and NPM
documents
Activity 2:
Develop language for EJ principles
including Title VI guidance (as
appropriate with all Agency grants) for
inclusion in the FY 201 3 NEPPS and FY
201 2 NPM guidance through
collaboration and discussions with
OCIR, Office of Civil Rights (OCR)
Regional Offices and States.
1.1: Necessary expertise identified for developing
recommendations.
1 .2: Involve state and tribal collaborative.
1 .3: Identify current regional processes in
implementing NEPPS & NPM Guidance.
1 .4: Develop draft recommendations.
1.5: Develop guidance including Title VI and LEP.
1 .6: Identify pilot state/region for advancing EJ in
NEPPS and NPM guidance.
1.7: Recommendations on Integration of EJ.
1.8: Pilot Inclusion.
2.1: The Office of General Counsel (OGC) guidance
on environmental justice and Title VI language.
2.2: Draft Language for Title VI & EJ inclusive of
Limited English Proficiency (LEP)Proposed language
on environmental justice including Title VI guidance
for community-based (CB) programs for FY 201 3
NEPPS guidance and FY 201 2 NPM guidance
developed.
2.3: Draft Guidance for Title VI and EJ.
2.4: Share proposed language with EPA offices.
2.5: Continue to develop language for upcoming
NEPPS and NPM guidances and share with EPA
offices.
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Ongoing
Strategy 2: Identify scalable and replicable elements of successful Agency community-based programs and
align multiple EPA programs to more fully address the needs of overburdened communities.
Activity 3:
Review Agency and key outside
community-based programs, and
existing evaluations of select Agency
programs, to identify scalable and
replicable program elements which
encourage place- based solutions to
environmental justice issues, strengthen
and promote partnerships, and support
healthy and sustainable communities.
Activity 4:
Make recommendations on how EPA
can align its community- based
programs, particularly in EPA's regions
to more fully address the needs of
overburdened communities.
3.1: Workgroup established to coordinate with OP
and look at Agency and outside CB programs.
3.2: Identify program elements from Agency
implementation of successful community based
programs.
3.3: Coordinate with the 'Communities' KPI
workgroup to ensure that the KPI efforts also
address Strategy 2 issues.
4.1: Recommendations on aligning and improving
Agency CB programs to improve their efficiency and
effectiveness.
4.2: Apply identified recommendations in selected
communities in underserved communities in all ten EPA
regions.
Complete
Complete
Complete
Complete
Ongoing
Plan EJ 2014 Progress Report
64 | P a g e
-------
Appendix A: Community-Based Deliverable Table
ACTIVITIES
DELIVERABLES
MILESTONES
Strategy 3: Promote a One EPA presence to better engage communities in the Agency's work to protect
human health and the environment.
Activity 5:
Target three approaches to promote a
One EPA presence where EPA will find
the best solution by working in a
consistent and unified way.
5.1: Identify barriers to promoting a 'One EPA
presence at non-EPA conferences.
5.2: Pilot outreach tools at two conferences.
5.3: Provide recommendations to address the
barriers to 'promoting a "One EPA presence.
5.4: Promote lessons learned from the Community
Engagement Initiative (CEI) effort.
5.5: Website developed to support the workforce
development and job training initiative.
5.6: Grants awarded.
Complete
Complete
Complete
Complete
Complete
Complete
Strategy 4: Foster community-based programs modeled on the Community Action for a Renewed
Environment (CARE) principles.
Activity 6:
Develop a community-based partners
(CBP) program to create opportunities
in undeserved and overburdened
neighborhoods for collaborating with
private industry, foundations, and other
institutions to implement the CARE
model.
6.1: Develop a process to select communities.
6.2: Identify one underserved and overburdened
community in each region, where EPA and other
federal agency efforts and resources exist.
6.3: Draft final report with recommendations and
lessons learn.
Complete
Complete
September
2014
Activity 7:
Develop a CBP program that creates
opportunities for grassroots or
emerging community groups with little
to no organizational and/or technical
capacity.
7.1: Identify areas of need.
November
2013
7.2: Reach out to offices and regions to identify
resources and staff.
December
2013
7.3: Lessons learned from selected communities
developed.
December
2014
Activity 8:
Identify technical assistance resources,
program staff, and regional staff
available to aid overburdened
communities with issues related to their
areas of expertise.
8.1: Provide a centralized web portal for community
access to EPA grants and technical assistance
resources.
Complete
Strategy 5: Explore how EPA funding, policies, and programs can inform or help decision makers to
maximize benefits and minimize adverse impacts from land use decision making, planning, siting, and
permitting.
Activity 9:
Explore how EPA funding, policies, and
programs can inform and help local
decision makers to maximize benefits
and minimize adverse impacts from
land use decision making, planning,
and siting and permitting
9.1: Establish a workgroup.
9.2: Set up a series of meetings to begin looking at
intersection of Agency work and land use planning.
9.3: Develop an outreach strategy to get
stakeholder feedback.
9.4: Develop training course for stakeholders.
Includes: Identify and catalog existing examples,
information, and resources related to land use
decision-making, planning, and siting.
9.5: Develop a tool to showcase findings.
9.6: Develop a charge to the LGAC.
9.7: Continue to engage stakeholders on the training
and the findings.
Complete
Complete
Complete
June 2013
June 2013
Complete
Ongoing
Plan EJ 2014 Progress Report
65 | P a g e
-------
Appendix A: Community-Based Deliverable Table
ACTIVITIES
DELIVERABLES
Strategy 6: Promote equitable development opportunities for all communities.
MILESTONES
Activity 10:
Promote equitable development
opportunities.
10.1: Conduct research on financing vehicles.
10.2: Prepare the Analysis (which will integrate
existing OCFO and EFAB tools as appropriate).
10.3: Produce an "EPA agency-wide Financing and
Technical Assistance Vehicle: Strategies to Apply
Them to Support Equitable Community Development"
and post on the web.
10.4: Prepare an outreach memorandum to other
key agencies, to encourage application of their tools
in ways that promote equitable development.
Complete
Complete
February
2013
February
2013
Plan EJ 2014 Progress Report
66 | P a g e
-------
Appendix A: Fostering Administration-Wide Deliverable Table
FOSTERING ADMINISTRATION-WIDE ACTION ON ENVIRONMENTAL JUSTICE
Lead Office and Region; Office of Water; Region 6
DELIVERABLES
MILESTONES
Strategy 1: Assist other federal agencies to better integrate environmental justice into agency programs,
policies, and activities.
Activity 1.1:
Chair and convene EJ IWG Principal,
Deputy, and Senior Staff meetings.
1.1.1: Chair annual Principals/Deputies meetings.
1.1.2: Chair Senior Staff meetings/calls.
Completed
Ongoing
Activity 1.2:
Chair, assist, and oversee each
federal agency's effort to update or
develop its environmental justice
strategy.
1.2: Oversee the finalization of each Agency's
environmental justice strategy.
Completed
Activity 1.3:
Lead the effort to organize regional
events.
1.3: Hold at least one event in each EPA region, or in
appropriate equivalent.
Completed
Activity 1.4:
Develop and provide tools that help
environmental justice and other
stakeholders identify federal
information and resources.
1.4.1: Publish a draft Federal Environmental Justice
Directory and draft Federal Resource Guide.
Completed
1.4.2: Review EPA's EJ IWG website.
Ongoing
1.4.3: Update EPA's EJ IWG website.
Ongoing
Activity 1.5:
Convene a group of senior attorneys
from across the Administration in
order to promote the integration of
environmental justice into their
agencies' actions.
1.5: Conduct meetings on regular basis.
Ongoing
Strategy 2: Work with other federal agencies to strengthen use of interagency legal tools, i.e., National
Environmental Policy Act)
Activity 2.1:
Articulate a consistent message about
the need to incorporate
environmental justice into NEPA
implementation.
2.1: Issue a directive to NEPA reviewers emphasizing
environmental justice, reinforcing the utility of NEPA
through CAA Section 309 reviews as a tool to effect
good decisions and take into account environmental
justice considerations.
Completed
Activity 2.2:
Enable federal NEPA practitioners to
enhance consideration and execution
of environmental justice requirements
in NEPA implementation.
*Consider gathering best practices
for issues such as MTM.
2.2.1 Engage with federal agencies to identify
unique or "best practices." Develop information on
"best practices" for implementing environmental
justice requirements in the NEPA process and post on
the internet.
Completed
2.2.2: Work with the EJ IWG, White House CEO,
federal agencies, and the NEJAC to urge that all
federal agencies with NEPA responsibilities have
robust agency-specific guidance in place setting forth
a process to meaningfully consider environmental
justice in the NEPA EIS process. EPA will identify and
disseminate examples/components of strong
guidance.
Completed
2.2.3: Develop a best practices tool for regulators to
analyze specific environmental impacts and identify
typical community concerns for a particular sector.
Completed
Plan EJ 2014 Progress Report
67 | P a g e
-------
Appendix A: Fostering Administration-Wide Deliverable Table
ACTIVITY DELIVERABLES MILESTONES
Strategy 3: Foster Healthy and Sustainable Communities, with emphasis on equitable development and
place-based initiatives.
Activity 3.1:
Develop approaches for how federal
agencies can enhance interagency
coordination in support of healthy
and sustainable communities.
3.1: Develop approaches for how federal agencies
can coordinate action to improve the health and
sustainability of overburdened communities in the
implementation of existing executive orders and
administration priorities in the at least two of the
following four areas:
Clean Jobs and Clean Energy.
Healthy and Sustainable Communities.
Climate Change and Adaptation.
Goods Movement.
Completed
Strategy 4: Strengthen Community Access to Federal Agencies.
Activity 4.1 :
Community Needs Inventory Pilot.
Activity 4.2:
Targeted Training for Communities.
Activity 4.3:
Review Federal Partners Meeting
Recommendations.
Activity 4.4:
Coordination with Agency CBCE
Initiative.
4.1.1: Inventory of three Region 6 environmental
justice communities' needs and corresponding federal
agencies.
4.1.2: Inventory of 27 remaining regional
environmental justice communities' needs and
corresponding federal agencies.
4.1.3: Analysis of commonalities and trends.
4.1 .4: Recommendations made to Administrator to
take to the EJ IWG.
4.2.1: Assessment of program cataloging results in the
EJ IWG and OP efforts.
4.2.2: Identification of best delivery mechanisms or
training to reach communities.
4.3.1: Identification of recommendations from the
April 2010 Federal Partners Meeting to determine
which to incorporate.
4.4.1: Draft options paper for Executive Management
Council (EMC) review.
4.4.2: Form workgroups to implement selected
actions.
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Plan EJ 2014 Progress Report
68 | P a g e
-------
Appendix A: Science Deliverable Table
SCIENCE TOOLS DEVELOPMENT
Lead Office and Region; Office of Research and Development; Region 7
ACTIVITIES
DE LIVE RABIES
MILESTONES
Strategy 1: Apply integrated transdisciplinary and community-based participatory research approaches
with a focus on addressing multi-media, cumulative impacts, and equity in environmental health and
environmental conditions.
Activity 1.1:
Establish an Integrated Transdisciplinary
ORD Research Program on Environment
and Community Health - Sustainable and
Healthy Communities Research Program.
1.1.1: Research program framework developed
(ORD - SHCRP Team).
1.1.2: Regional listening sessions to gather input
from communities. Incorporate ideas and concerns
from stakeholders and representatives from
disproportionately impacted communities and
populations (ORD - SHCRP Team).
1.1.3: RFA to support Extramural research on
Tribal Community Health (ORD - NCER).
1.1.4: RFA to support Extramural research to
support Centers of Excellence on Environment and
Health Disparities (ORD - NCER).
Complete
Complete
Complete
Complete
Activity 1.2:
Develop technical guidance, analytic
methods, tools and data to advance the
integration of environmental justice in
EPA decision making.
1.2.1: Environmental Justice Technical Guide (ORD,
OEJ, OP).
FY2013
1.2.2: Community Cumulative Assessment Tool
(CCAT) (ORD - NERL and OSA).
Complete
1.2.3: Environmental Quality Index Tool (ORD -
NHEERL).
Long-term
1.2.4: Regional Tools Summits (ORD - OSP and
SHCRP Team).
FY 2012- 13
1.2.5: Environmental justice screening tools for air
rules (OAR).
Complete
1.2.6: Urban Atlas (ORD - NHEERL).
FY2013
Activity 2.1:
Establish Community Engagement
Initiative (OSWER).
2.1: Conduct training of OSWER staff on CBPR
(OSWER).
Ongoing
Activity 2.2:
Re-engage National Environmental
Justice Advisory Committee.
2.2: Establish a research workgroup under NEJAC
to advise ORD on the development of the
Sustainable and Health Communities Research
Program (ORD - NCER and OSP; OEJ).
Complete
Activity 2.3:
Support Community-Based Participatory
Research.
2.3.1: RFA to support extramural research on
Tribal Community (ORD-NCER).
Complete
2.3.2: RFA to fund Extramural research to support
Centers of Excellence on Environment and Health
Disparities (ORD - NCER).
Complete
2.3.3: Regional listening sessions to gather input
from communities. Incorporate ideas and concerns
from stakeholders and representatives from
disproportionately impacted communities and
populations (ORD - Rick Linthurst and SHCRP
Team).
Complete
Plan EJ 2014 Progress Report
69 | P a g e
-------
Appendix A: Science Deliverable Table
ACTIVITIES
DELIVERABLES MILESTONES
Strategy 3: Leverage partnerships with other federal agencies on issues of research, policy and action to
address environmental and health disparities.
Activity 3.1:
Join the Federal Collaboration on
Health Disparities.
Activity 3.2:
Engage with President's Task Force on
Environmental Health Risks and Safety
Risks to Children.
3.1: Potential collaboration on research funding
with sister federal agencies; better coordination of
research needs on health disparities across federal
government (ORD).
3.2: Federal Action Plan to address asthma
disparities (OCHP, ORD, OAR).
Ongoing
FY 2011-15
Strategy 4: Build and strengthen the technical capacity of EPA scientists on conducting research and related
science activities in partnership with impacted communities and translating research results to inform
change.
Activity 4.1 :
Provide training to EPA scientists on
CBPR.
Activity 4.2:
Build Social Science Capacity within
ORD.
Activity 4.3:
Develop Environmental Justice Risk
Management Training for OPP.
4.1.1: Survey ORD scientists' needs and awareness
about CBPR
4.1.2: Develop a training plan for ORD scientists
(NCER, NCEA , NERL, OAQPS).
4.1.3: Collaborate with OSWER to modify and
offer courses under the Community Involvement
University (NCER and OSWER).
4.2.1 : Host scientist to science workshop on
behavioral and social sciences (ORD-NCER).
4.2.2: An ORD research agenda for behavioral
and social sciences (ORD-NCER).
4.2.3: Cooperative Agreement with a Social
Science professional society (ORD- NCER).
4.3.1: Training module to ensure environmental
justice and sensitive population considerations are
fully incorporated and more clearly integrated
throughout OPP risk management processes (OPP).
4.3.2: 1 00% of OPP risk assessors and managers
properly trained on environmental justice in risk
management (OPP).
FY 201 2 -13
FY 201 2 -13
FY 2012- 13
FY 2011 - 12
FY 201 2 -13
FY 201 2 -13
Complete
Complete
Plan EJ 2014 Progress Report
70 | P a g e
-------
Appendix A: Science Deliverable Table
ACTIVITIES
DELIVERABLES
MILESTONES
Strategy 5: Build and strengthen technical capacity of community-based organizations and community
environmental justice and health leaders to address environmental health disparities and environmental
sustainability issues.
Activity 5.1:
Build Community Capacity to Address
Asthma Disparities.
5.1.1: Establish an online community network
available to stakeholders as a year-round
resource for mentoring and collaboration and
designed to support community asthma
management programs (OAR).
5.1.2: Develop web-based tools that facilitate
collaboration, problem solving, and learning
among leaders of asthma programs (OAR).
5.1.3: Hosting the National Asthma Forum and
Awards Program and regional pacing events for
community-based programs (OAR).
5.1.4: Train health care professionals, to improve
their ability to integrate the assessment of
environmental factors into a comprehensive,
culturally appropriate asthma care plan, based on
national standards of care (OAR).
Ongoing
Ongoing
Ongoing
Ongoing
Activity 5.2:
Build Tribal Community Capacity to
Monitor Air Quality.
5.2: Continue funding for ITEP and the TAMS
Center (OAR).
Ongoing
Activity 5.3:
Increase Citizen Participation in Science
and Decisions.
5.3: Cooperative agreement to support a citizen
scientist fellowship program - a meet the decision
makers" on environmental health and
environmental justice (ORD- NCER).
FY2013
Activity 5.4:
Establish Centers of Excellence on
Environment and Health Disparities.
5.4: RFA to support Extramural research to support
Centers of Excellence on Environment and Health
Disparities (ORD - NCER)
FY2012
Activity 5.5:
Build diverse environmental workforce
and enhancing the capacities of MAI to
engage in scientific research and
workforce training.
5.5.1: Highlight environmental justice research
topics in the STAR Fellowships RFA. Include
environmental justice considerations as review
criteria under "Broader Societal Impacts" for all
fellowship applications (ORD-NCR)
Ongoing
5.5.2: Establish a University-Community
Partnerships initiative to provide technical
assistance to local community groups and increase
number of culturally diverse students electing to
pursue graduate study and research careers
(Region 6).
Pending
Plan EJ 2014 Progress Report
71 | P a g e
-------
Appendix A: Legal Tools Deliverable Table
LEGAL TOOLS DEVELOPMENT AND IMPLEMENTATION
Lead Office and Region; OECA/OEJ, OGC, Region 5 and Environmental Justice Committee)
Activity 1:
Counseling attorneys will serve as
workgroup members for each cross-
agency focus area. These attorneys
are drawn from OGC and its regional
offices.
DELIVERABLES
1.1: Provide counsel as workgroup
members for Plan EJ 2014 cross-agency
focus area.
MILESTONES
Ongoing
Activity 2:
Regional Counsels and OGC Associate
General Counsels will convene
regularly to identify legal issues and
develop advice in support of the five
focus areas.
2.1: OEJ/OGC meet with senior
managers
Ongoing
2.2: Regions and NPMs collect and
categorize examples of how Legal Tools
has been used
Ongoing
2.3: OEJ collect examples of use of legal
tools for EJ Tools Repository
Ongoing
Activity 3:
Provide active oversight, direction, and
decision making on all aspects of Plan
EJ 2014, in consultation with the EPA's
Senior Leadership.
3.1: Identify legal authorities under the
federal environmental statutes that bear
meaningfully on the environmental justice
challenge.
Completed
Activity 4:
Senior attorneys' promotion of
integration of environmental justice into
their agencies' actions.
4.1: Convene a group of senior attorneys
from across the federal government to
promote the integration of environmental
justice into their agencies' actions.
Ongoing
Plan EJ 2014 Progress Report
72 | P a g e
-------
Appendix A: Information Tools Deliverable Table
INFORMATION TOOLS DEVELOPMENT
Lead Offices and Regions; Office of Policy; Office of Environmental Information; Regions 3, 8, 9,10
ACTIVITIES
DELIVERABLES MILESTONES
Strategy 1 : Develop the EPA's GeoPlatform.
Activity 1 . 1
Activity 1 .2
Activity 1 .3
Prototype of EPA Environmental Analyst for review.
Production release of EPA Environmental Analyst.
Production release of EPA GeoPlatform (including initial data services) for
use by Environmental Analyst and other GeoPlatform components.
Complete
Complete
Complete
Strategy 2: Develop the nationally consistent environmental justice screening tool.
Activity 2.1
Activity 2.2
Activity 2.3
Activity 2.4
Activity 2.5
Activity 2.6
Hold regular staff workgroup and project steering committee meetings.
Develop a set of options to present to Senior Agency Officials.
Create a working prototype of screening tool.
Update the National Environmental Justice Advisory Council on progress.
Obtain peer review and public comment on a prototype tool.
Revise the tool based on comments.
Ongoing
Complete
Complete
Complete
To Be
Determined
To Be
Determined
Strategy 3: Incorporate appropriate elements of the screening tool into the GeoPlatform.
Activity 3.1
Activity 3.2
Activity 3.3
Review screening tool data, methods, and requirements to determine which
portions may be appropriate to include in the GeoPlatform.
Incorporate appropriate elements of the prototype screening tool into the
GeoPlatform.
Revise GeoPlatform elements of the tool to be consistent with changes
made to the prototype tool in response to peer review and public
comments on screening tool.
Complete
Complete
To Be
Determined
Plan EJ 2014 Progress Report
73 | P a g e
-------
Appendix A: Resources Tool Deliverable Table
RESOURCES TOOL DEVELOPMENT
Lead Office; Office of Administration and Resource Management
Strategy Number Q2 FY 201 1 ^FY Q4FT Q1FY2012 Q2RT Q3FY Q4FY2012 Q_} Measures
Strategy 1:
Increase
Transparency &
Efficiency in
Providing
Community-Based
Grant Opportunities.
Strategy 2:
Improve Delivery of
Technical Assistance
to Communities.
Strategy 3:
Strengthen Grants
Training for
Communities.
Strategy 4:
Improve Community
Awareness of Grant
Competition Process.
Brief EMC on
draft options for
improving grant
delivery system.
Brief EMC on
preliminary draft
options.
Complete
development of
draft umbrella
and
environmental
justice on-line
training.
Seek input from
EPA grants
community via
regional/HQ
websites.
Refine
reform
options
based on
EMC and
community
feedback.
Refine
reform
options
based on
EMC and
community
feedback.
Obtain
community
&EPA
feedback;
initiate
program-
specific
trainings.
Evaluate
community
feedback;
Obtain EPA
feedback.
Finalize
reform
options.
Finalize
reform
options.
Evaluate
feedback
; continue
to
develop
program-
specific
training.
Evaluate
feedback
; finalize
competiti
on tools.
Begin
implement-
ation.
Begin
drafting of
grant or
contract
RFP(s).
Complete all
training.
Roll-out
competition
tools to
communities.
Continue
implement-
ation.
Issue RFP(s).
Roll-out
training to
communities
Promote
use of tools.
Continue
implement-
ation.
RFP period
closes.
Provide
training.
Promote
use of tools.
Continue
implement-
ation.
Ongoing
Evaluate
applications
an make
selections for
service
provider(s).
Complete
Provide
training.
Complete
Evaluation
of
effectiveness
of tools.
Ongoing
Conduct
evaluation
and make
necessary
adjustments.
Monitor
service
provider(s),
conduct
evaluation,
and make
necessary
adjustments.
Conduct
evaluation
of training
and make
necessary
adjustments.
Tools
adjusted
based on
results of
evaluation.
Reduction in
regional
workload; Increase
in community grant
applications.
Compliance with
performance
measures in
grant/contract
workplan(s);
Degree of
utilization by
regions and
Communities;
Geographic
distribution of
outreach activities.
Community
satisfaction as
measured by
customer
feedback.
Number of, and
participation in,
webinars; Increase
in applications
from new
organizations
(OEJ).
Plan EJ 2014 Progress Report
74 | P a g e
-------
Appendix A: Resources Tool Deliverable Table
c. . M . Cvonn Q3FY Q4FY Q1 FY Q2FY Q3FY Q4FY Q1FY2013- ..
Strategy Number Q2 FY 201 1 2Q12 2Q12 2Q12 2Q12 4 Measures
Strategy 5:
Revise grant policies
that are unduly
restrictive.
Strategy 5:
Revise grant policies
that are unduly
restrictive.
Strategy 6:
Encourage OEJ-
OGC/ORC-Program
Office Dialogue on
Community-Based
Grant Issues.
Strategy 6:
Encourage
OEJ-OGC/ORC -
Program Office
Dialogue on
Community-Based
Grant Issues.
Strategy 7:
Improve Timeliness
of Brownfields Grant
Awards.
Inform programs
of temporary
revised version of
Delegation 1 -86.
Draft policy to
simplify indirect
cost rules; solicit
feedback on
changes to other
policies.
Hold kick-off
meeting to clarify
roles and
responsibilities for
eligibility reviews.
Issuance of OGC
guidance on the
scope of existing
grant authorities
to be determined.
Develop draft
approach.
Issue draft
revision to
indirect
cost
policies
and other
identified
policies.
Second
quarterly
meeting.
Consult
with HQ/
Regional
Program
& Grants
Offices.
Issue final
revised
indirect
cost rate
policy/
other
revised
policies.
Quarterly
meeting.
Finalize
strategy
and begin
to
implement.
Issue final
revised
version of
Delegation
1-86.
Implement.
Quarterly
meeting.
Implement.
Continue
to
implement.
Quarterly
meeting.
Continue
to
implement.
Continue
to
implement.
Quarterly
meeting.
Continue
to
implement.
Complete
Continue
to
implement.
Ongoing
Quarterly
meeting.
Ongoing
Complete
Continue
to
implement.
Ongoing
Assess need
for additional
changes to
delegation
and make
adjustments as
necessary.
Conduct
evaluation and
make
necessary
adjustments.
Conduct
evaluation and
make
necessary
adjustments.
Conduct
evaluation and
make
necessary
adjustments.
Increase in number of
single-statute awards.
Number of communities
that take advantage
of simplified indirect
cost rates.
Increase in timeliness
of Program Office/
OGC/ORC eligibility
reviews.
Reduction in number of
legally ineligible grant
applications.
Reduction in award
times across grants
offices.
Plan EJ 2014 Progress Report
75 | P a g e
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report 76 | P a g e
-------
Appendix B:
Glossary of Lead Program Office Abbreviations
Plan EJ 2014 Progress Report 77 | P a g e
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report 78 | P a g e
-------
Appendix B:
Glossary of Lead Program Office Abbreviations
Listed below are abbreviations related to the EPA's Plan EJ 2014 lead national program offices:
Abbreviation Office Title
OAR
OARM
OCR
OCSPP
OECA
OEI
OEJ
OGC
OP
ORD
Office of Air and Radiation
Office of Administration and Resources Management
Office of Civil Rights
Office of Chemical Safety and Pollution Prevention
Office of Enforcement and Compliance Assurance
Office of Environmental Information
Office of Environmental Justice
Office of General Counsel
Office of Policy
Office of Research and Development
OSWER Office of Solid Waste and Emergency Response
OW
Office of Water
Plan EJ 2014 Progress Report
79 | P a g e
-------
This Page Intentionally Left Blank
Plan EJ 2014 Progress Report 80 | P a g e
-------
Plan EJ 2014 Progress Report
February 2013
-------
&EPA:
L United States
Environmental Protection
Agency
www.epa.gov
EPA-300-R-1 3-001
February 2013
------- |