* O *L PRO"*4- PLAN EJ 2014 CONSIDERING ENVIRONMENTAL JUSTICE IN PERMITTING DRAFT IMPLEMENTATION PLAN Led by Office of Air and Radiation, Office of General Counsel and Region 1 Plan EJ 2014 is EPA's roadmap to integrate environmental justice (EJ) into its programs and policies. 2014 represents the 20th anniversary of the signing of Executive Order 12898 on environmental justice. ------- Comments regarding the Considering Environmental Justice in Permitting Draft Implementation Plan can be submitted on Regulations.gov Docket # EPA-HQ-OECA-2011-0293. Comments will be accepted through April 29, 2011. For more information on Plan EJ 2014, visit the US EPA's Office of Environmental Justice website at: http://www.epa.gov/environmentaliustice/plan-ei/index.html. ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 1.0 INTRODUCTION The intent of this cross-Agency element (EJ Permitting Initiative) of Plan EJ 2014 is "to ensure that environmental justice concerns are given as full consideration as possible in the decision to issue a permit and the terms of the permits issued under [existing] federal environmental laws," as stated in Plan EJ 2014. It contemplates a focus on both EPA-issued permits, as well as permits issued pursuant to existing federal environmental laws (i.e., federal, state, or tribal), and seeks to identify "the best current opportunities for taking environmental justice concerns into consideration" and "enable EPA to address the complex issue of cumulative impacts from exposure to multiple sources and existing conditions that are critical to the effective consideration of environmental justice in permitting." The proposed activities outlined in this Draft Implementation Plan rely heavily on the advice and recommendations presented by the National Environmental Justice Advisory Council (NEJAC) from both their most recent response to EPA's permitting charge and numerous relevant prior NEJAC reports. We recognize that there has been considerable amount of work - particularly on the NEJAC's part - advocating for earlier and more effective public participation in the permitting process, but that these practices have not been widely adopted. We also recognize that although environmental justice can be incorporated into the permitting process in a variety of ways, there are significant challenges - particularly related to cumulative/multi-media impacts. We therefore seek to truly create a culture within EPA - and among our federal, state, local, and tribal permitting partners - in which engaging on issues of environmental justice more readily translates into greater protections for disproportionately burdened communities. Below is a DRAFT Implementation Plan to be discussed and revised by EPA staff over the next few months, with additional input from external stakeholders. 1.1 Goals Our overarching goals are for disproportionately burdened communities to have full and meaningful access to the permitting process and for permits to address environmental justice issues to the greatest extent practicable. To achieve our goals, the EJ Permitting Initiative will "[ijdentify and develop tools to support the consideration of environmental justice during implementation of permitting programs" to reduce "exposures for those at the greatest risk," as stated in the FY 2011-2015 EPA Strategic Plan, Cross- Cutting Fundamental Strategy: Working for Environmental Justice and Children's Health (Strategic Plan). Our goals help to fulfill: • Executive Order 12898, "Federal Actions to Address Environmental Justice In Minority Populations and Low-Income Populations," which tasks each federal agency with "achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income population;" • The Administrator's priority of Expanding the Conversation on Environmentalism and Working for Environmental Justice, which heralds "a new era of outreach and protection for 1 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 communities historically underrepresented in EPA decision-making" and calls for "including environmental justice principles in all of our decisions;" and • EPA's mission to protect human health and the environment, and specifically to ensure that: o all people in America are protected from significant risks to human health and the environment where they live, learn and work, o federal laws protecting human health and the environment are enforced fairly and effectively, and o all parts of society - communities, individuals, businesses, and state, local and tribal governments - have access to accurate information sufficient to effectively participate in managing human health and environmental risks. 1.2 Organizational Structure The success of this effort will depend on participation from many offices within EPA, both at Headquarters and the Regions. The Office of Air and Radiation has been designated the Headquarters lead. The Office of General Counsel has agreed to act as co-lead. Region 1 is the lead Region. Staff and managers from these three offices, with guidance from the Office of Enforcement and Compliance Assurance/Office of Environmental Justice, have formed a Steering Committee to manage the EJ Permitting Initiative. The Steering Committee is chaired by Janet McCabe, Principal Deputy Assistant Administrator, Office of Air and Radiation; Carol Ann Siciliano, Associate General Counsel, Cross-Cutting Issues Law Office, Office of General Counsel; and Ira Leighton, Deputy Regional Administrator, Region 1. The EJ Permitting Initiative will have a small group composed of key senior EPA Headquarters and Regional leaders (Senior Leaders) to determine expected outcomes and the scope of work as well as a cross-agency workgroup of EPA Headquarters and Regional staff (Workgroup) that will develop tools and recommendations. The EPA staff lead is Michelle Roos, Office of Policy Analysis and Review, Office of Air and Radiation. 2 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 2.0 IMPLEMENTATION The draft strategies and activities outlined below describe the intended charge to the Workgroup over the next several years. They are not intended to stop or prevent offices or individuals at EPA from continuing their ongoing practices of furthering integration of environmental justice into the permitting process (e.g., regional review of state permits). Rather, we encourage offices and individuals to share new issues, potential tools, and recommendations with the Workgroup and communicate lessons learned. 2.1 Strategies Strategy 1: Develop tools and recommendations that will enhance the ability of disproportionately burdened communities to participate fully and meaningfully in the permitting process. These tools and recommendations will focus on ensuring that affected communities are fully informed about the potential effects of permitted activities and understand the information they receive. In addition, we will explore ways of promoting regular dialogue between affected communities and the facilities at all stages of the permitting process, including early involvement and after a permit has been issued. Strategy 2: Concurrently with Strategy 1, develop tools and recommendations to assist permitting authorities to meaningfully address environmental justice in permitting decisions. These tools and recommendations will focus on how environmental justice can be incorporated into the permitting process, including the range of potential permitting measures that can be used to avoid or reduce potential environmental justice impacts. Strategy 3: Implement these tools and recommendations at EPA and work with others to do the same. We will first focus on implementing tools and recommendations related to EPA permitting decisions and decisions regarding permits issued by states pursuant to delegated programs. Subsequently, we will engage in supporting and encouraging other federal agencies, as well as state, local and tribal permitting authorities, to develop environmental justice strategies for their permit decisions pursuant to existing federal environmental laws. 2.2 Activities All of the activities below are in support of our goal to develop and implement tools and recommendations (including templates, guidance, best practices, policy decisions, and clarity on statutory authority) to better enable disproportionately burdened communities to have full and meaningful access to the permitting process and for permits to address environmental justice issues to the greatest extent practicable. 3 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 Activity 1: Conduct initial internal research to begin to create a preliminary list of potential tools and recommendations and finalize the draft implementation plan (March-June 2011). Activity 1.1: Conduct a initial literature review - including a review of previous NEJAC papers, publications and other recommendations - to identify an initial list of existing and needed tools and recommendations (completed, see Appendix A). Activity 1.2: Convene a cross-agency workgroup (Workgroup). The Workgroup met for the first time on March 7, 2011 and will staff the completion of all of the proposed activities in this draft implementation plan (On-going). Activity 1.3: Review and evaluate the permitting process for at a minimum three federal permits with EJ considerations to use as case studies to identify existing and needed tools and recommendations1 (March/April/May 2011). Activity 1.4: Coordinate overlapping strategies with other EJ Plan 2014 Elements and consider integrating and leveraging activities between them (March/April/May 2011). Activity 1.5: Finalize this Draft Implementation Plan (after the May 10-11, 2011 NEJAC meeting). Activity 2: Solicit existing and recommended tools and recommendations from internal and external stakeholders (March/April/May 2011). Individual EPA programs and regions, as well as other federal agencies, states, local agencies and tribal governments, have already developed and implemented numerous tools and recommendations. In addition, these government entities as well as community and advocacy groups, industry and trade organizations, and experts have first-hand experience and knowledge about these issues and ideas for what tools and recommendations are needed. This outreach provides the Workgroup an important opportunity to gather these tools and recommendations, and begin to identify the most effective and replicable. Activity 3: Create an initial list of priority tools and recommendations and corresponding deliverables for Year 1 (March/April/May/June 2011). Activity 4: Develop, test, and finalize priority tools and recommendations for use at EPA (June-November 2011). Activity 4.1: Develop priority tools and recommendations that need to be developed, amend existing resources, and identify those ready for potential immediate use at EPA (June/July/August 2011). Activity 4.2: Identify opportunities to test the draft tools and recommendations through on-going permit activities (June-October 2011). Activity 4.3: Solicit comments both internally and externally (October/November 2011). 1 The Strategic Plan charges the EJ and Permitting Initiative to "Convene a cross-agency workgroup on the consideration of EJ in federal EPA permits and review at a minimum three federal permits with EJ considerations (by September 2011)." 4 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 Activity 4.4: Incorporate comments and revise tools and recommendations as necessary (November/December 2011). Activity 5: Determine the best format(s) or vehicle(s) to convey and implement the tools and recommendations (finalization, policy, rulemaking, etc.) (December 2011/January 2012). Activity 6: Create a more detailed timeline for 2012-2014 deliverables for the Workgroup (2012). Pending funding availability, potential activities for 2012-2014 may include: • Implement first set of tools and recommendations via trainings at EPA; • Implement "train-the-trainers" seminars to help train community organizations on newly developed tools and recommendations; • Continually review the effectiveness of the tools, recommendations and trainings, develop additional tools and recommendations, and update and revise trainings; and • Engage in supporting and encouraging other federal agencies as well as state, local and tribal permitting authorities to achieve environmental justice goals for their permit decisions pursuant to existing federal environmental laws. 2.3 Community Engagement and Stakeholder Partnership Plan The Workgroup will develop a stakeholder involvement and outreach plan in order to engage stakeholders throughout the process. We will also consult with the Small Business Ombudsman and the Office of Environmental Justice to create the plan. The plan may include meetings with external experts and stakeholders to seek their input early in the process on the Draft Implementation Plan and to discuss a process for stakeholder participation. The Workgroup is currently exploring formalizing regular NEJAC participation. Additional external stakeholders may include representatives from: • Association of State Drinking Water Administrators (ASDWA) • Association of State and Territorial Waste Management Officials (ASTSWMO) • Association of State & Interstate Water Pollution Control Administrators (ASIWPCA) • Business organizations and trade associations • Clean Air Act Advisory Committee (CAAAC) • Community advocacy groups • Environmental Council of the States (ECOS) • Ground Water Protection Council (GWPC) • Inter Agency Working Group on Environmental Justice • National Association of Clean Air Agencies (NACAA) • National Association for Clean Water Agencies (NACWA) • National Tribal Operations Committee (NTOC) • North American Hazardous Materials Management Association (NAHMMA) • Northeast Waste Management Officials' Association (NEWMOA) • Other federal agencies • State, local, and tribal permitting agencies 5 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 2.4 Adjustments The Steering Committee proposes a process whereby this Draft Implementation Plan is discussed and revised by both the Senior Leaders and the Workgroup over the next few months, with additional input from external stakeholders. 6 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 3.0 DELIVERABLES 3.1 Schedule of Deliverables ACTIVITIES DELIVERABLES MILESTONES 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 and recommendations • See Appendix A • Completed Activity 1.2: Convene a cross-agency workgroup • The Workgroup met for the first time on March 7, 2011 and will continue to meet throughout the duration of this project • On-going Activity 1.3: Review and evaluate the permitting process for at a minimum three federal permits with EJ considerations to use as case studies to identify existing and needed tools and recommendations • Identification of at a minimum three federal permits with EJ considerations • List of existing and needed tools and recommendations from the case studies • March 31, 2011 • May 2011 Activity 1.4: Coordinate overlapping strategies with other EJ Plan 2014 cross- Agency elements and consider integrating and leveraging activities between them • Regular meetings with other cross- Agency workgroups • On-going Activity 1.5: Finalize this draft implementation plan • Final Implementation Plan • After the May 10- 11, 2011 NEJAC meeting Activity 2: Solicit existing and recommended tools and recommendations from internal and external stakeholders • List of existing and needed tools and recommendations from internal and external stakeholders • May 2011 Activity 3: Create an initial list of priority needed tools and recommendations and corresponding deliverables for year 1 • Initial list of deliverables (tools and recommendations) for year 1 • June 2011 7 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 ACTIVITIES DELIVERABLES MILESTONES Activity 4.1: Develop priority tools and recommendations that need to be developed, amend existing resources, and identify those ready for potential immediate use at EPA • Initial set of developed tools and recommendations • August 2011 Activity 4.2: Identify opportunities to test the draft tools and recommendations through on-going permit activities, and solicit comments and recommendations • Comments and recommendations on initial testing of tools and recommendations • October 2011 Activity 4.3: Solicit additional comments both internally and externally • Additional comments • November 2011 Activity 4.4: Incorporate comments and revise tools and recommendations as necessary • Revise tools and recommendations as necessary • December 2011 Activity 5: Determine the best format(s) or vehicle(s) to convey and implement the recommendations and tools (finalization, policy, rulemaking, etc) • Decision on how best to convey and implementation the tools and recommendations • January 2012 Activity 6: Create a more detailed timeline for 2012-2014 deliverables for the Workgroup • More detailed timeline • 2012 3.2 Reporting We will report annually on progress in implementing the Strategies outlined in this implementation plan and will update, as necessary, the Activities and Deliverables outlined here. For information, please contact: Michelle Roos, 202-573-2549, roos.michelle@epa.gov. 8 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 4.0 APPENDICES Appendix A: Potential Tools and Resources This Draft Implementation Plan outlines a process by which the Workgroup will determine and develop a set of tools and resources to better enable disproportionately burdened communities to have full and meaningful access to the permitting process and for permits to address environmental justice issues to the greatest extent practicable. Our initial literature review revealed a short list of potential tools and resources. We are not committing to develop these, but will use them as a starting point. They include: • Environmental Justice Public Participation Plan/Guidelines/Best Practices (step by step effective public engagement in the permitting process, including pre-application meetings, advanced notification, periodic engagement mechanism to inform communities of project changes, and recommendations on how to make public notification more effective) • Environmental Justice Public Participation Fact Sheet/Website • Environmental Justice Public Participation Outreach Template (as a pre-application requirement) • Permit Checklist • Permit Process Flowchart • A collective learning forum for EPA staff and managers responding to specific permit challenges • Regional open lists of community organizations and tribal government and indigenous organization contacts • Community-based trainings/resources/websites to assist community members on the permitting process, EJ tools, and/or risk assessment (could include a network of experts accessible to the public) • Interim guidance on how to conduct an EJ Analysis2 • Best practices/guidance/trainings on a variety of ways to integrate EJ into permit conditions, including: o Developing permits to include issues important to local communities such as increased or enhanced local environmental monitoring, timely public releases of facility-specific data, and transparent and corroborated analysis of the data relative to the host community's environmental justice priorities and concerns o Developing permit conditions with potential enforcement in mind o Developing permit conditions to better address and protect indigenous peoples' cultural and subsistence resources 2 The EJ Permitting Initiative will complement other Plan EJ 2014 Elements and will rely on deliverables from these other Elements, including both the "technical analyses needed to determine when disproportionate impacts are occurring" by the Rulemaking Element and the development of EJScreen - "a nationally consistent screening and targeting tool to enhance EJ analysis and decision-making" by the Information Element. As such, our proposed activities include developing interim guidance in this arena until final guidance is issued by these other Elements. 9 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 o Avoiding issuance of emergency permits • Guidance/established protocol/trainings for utilizing the Interagency Working Group for Environmental Justice to work across federal agencies on permits on tribal lands • Guidance/trainings on using resources/programs outside of permitting including: o Helping communities develop and adopt community-specific, comprehensive environmental justice plans o Community Action for a Renewed Environment (CARE) o Supplemental Environmental Projects (SEPs) to address environmental justice concerns (possibly in addition to being a mitigation tool for violations) o Good Neighbor/Environmental Benefit Agreements o Performance Partnership Agreements o Memoranda of Agreement/Understanding 10 ------- Plan EJ 2014: Considering Environmental Justice in Permitting Draft Implementation Plan, March 1, 2011 Appendix B: Acronyms ASDWA - Association of State Drinking Water Administrators ASTSWMO - Association of State and Territorial Waste Management Officials ASIWPCA - Association of State & Interstate Water Pollution Control Administrators CARE - Community Action for a Renewed Environment CAAAC - Clean Air Act Advisory Committee ECOS - Environmental Council of the States EJ - Environmental Justice EPA - United States Environmental Protection Agency GWPC - Ground Water Protection Council NACAA - National Association of Clean Air Agencies, comprised of the State and Territorial Air Pollution Program Administrators (STAPPA) and the Association of Local Air Pollution Control Officials (ALAPCO) NACWA - National Association for Clean Water Agencies NAHMMA - North American Hazardous Materials Management Association NEWMOA - Northeast Waste Management Officials' Association NEJAC - National Environmental Justice Advisory Council NEPA - National Environmental Policy Act NSR - New Source Review NTAA - National Tribal Air Association NTOC - National Tribal Operations Committee PSD - Prevention of Significant Deterioration RCRA - Resource Conservation and Recovery Act SEPs - Supplemental Environmental Projects UIC - Underground Injection Controls 11 ------- |