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PLAN EJ 2014
ADVANCING ENVIRONMENTAL JUSTICE
THROUGH COMPLIANCE AND ENFORCEMENT
DRAFT IMPLEMENTATION PLAN
Led by
Office of Enforcement and Compliance Assurance
and Region 5
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.

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Comments regarding the Advancing Environmental Justice through Compliance and
Enforcement Draft Implementation Plan can be submitted on Regulations.gov
Docket # EPA-HQ-OECA-2011-0297. 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.

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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
1.0	INT
This implementation plan sets forth goals, strategies and activities to advance environmental
justice through compliance and enforcement, under EPA's Plan EJ 2014. It was developed by the
Office of Enforcement and Compliance Assurance (OECA) and EPA Region 5, as Lead Region for
OECA for FY2011-13, in consultation with all EPA Regions, the Office of Environmental Justice, and
the Office of General Counsel.
1.1	Goals
The Office of Enforcement and Compliance Assurance (OECA) and the EPA Regions, in
collaboration with our partners in other EPA offices and the U.S. Department of Justice (DOJ), are
committed to taking action to further ensure that our most vulnerable, overburdened
communities are given particular consideration as we implement the Agency's enforcement and
compliance program. Through this plan, we intend to focus and accelerate our efforts to identify,
assess, and address environmental justice (EJ) concerns in these communities when developing
and implementing OECA's program strategies, civil and criminal enforcement activities, and
compliance activities. Our goal for the next three years is to fully integrate consideration of EJ
concerns into the planning and implementation of OECA's program strategies, case targeting
strategies, and development of remedies in enforcement actions to benefit these communities.
We also plan to accelerate our ongoing efforts to communicate more effectively with these
communities about our enforcement actions and program activities. Through these efforts, we
hope to further advance the Agency's environmental justice goals of fair treatment and
meaningful involvement, and to help address EJ concerns in overburdened communities.
1.2	Organizational Structure
OECA and Region 5 (as OECA Lead Region) share responsibility for developing this Implementation
Plan. This work is co-chaired by the senior career managers of OECA and Region 5, OECA Principal
Deputy Assistant Administrator Catherine McCabe and Region 5 Deputy Regional Administrator
Bharat Mathur. The co-chairs called upon OECA's standing EJ Council, consisting of the Directors
and/or Deputy Directors of all OECA Offices, the Lead Region enforcement and EJ manager (Alan
Walts), and supporting staff to develop this plan. Associate General Counsel Carol Ann Siciliano
participates regularly in the OECA EJ Council meetings and has been of invaluable assistance in
developing this plan.
OECA and Regional managers conducted an open discussion of this plan at the January 26, 2011
Senior Enforcement Managers meeting in New Orleans, Louisiana. Following that discussion, the
draft plan was revised to incorporate agreed-upon modifications and additions. OECA and the
regions will use this Plan as a dynamic document, making improvements as we learn through
experience in implementation.
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
2.0	MPLEMI
2.1	itegles
OECA has five major strategies for Advancing Environmental Justice through Compliance and
Enforcement.
•	Advance EJ goals through selection and implementation of National Enforcement Initiatives.
•	Advance EJ goals through targeting and development of compliance and enforcement actions.
•	Enhance use of enforcement and compliance tools to advance EJ goals in Regions' geographic
initiatives to address overburdened communities.
•	Seek appropriate remedies in enforcement actions to benefit vulnerable and overburdened
communities and address EJ concerns.
•	Enhance communication with affected communities and the public regarding EJ concerns and
the distribution and benefits of enforcement actions, as appropriate.
2.2	Activities
Strategy 1: Advance EJ goals through Selection ant! Implementation of National
Enforcement Initiatives,
Background: Every three years OECA selects a limited number of high priority national
environmental and compliance problems to address through concentrated, nationwide
enforcement efforts. In selecting these areas of focus, we look for important environmental and
public health problems that are caused, at least in part, by widespread failure of regulated sectors
to comply with federal environmental laws, where we believe that a concentrated federal
enforcement effort can make a difference in correcting violations and reducing pollution. OECA
and the Regions solicited input from our state partners to identify potential areas of focus, and
sought public comment on the final list of proposed candidates. The selected areas of focus are
called "National Enforcement Initiatives."
OECA has been, and continues to be, committed to taking environmental justice factors into
consideration when it selects and implements these National Enforcement Initiatives. One of
OECA's primary program goals is to aggressively go after pollution problems that make a
difference to communities, and we place a high priority on benefits to overburdened communities
in selecting our National Enforcement Initiatives.
Activity #1.1: Selection of National Enforcement Initiatives for FY2011-13
In 2010 OECA selected six National Enforcement Initiatives for implementation in FY2011-2013
after input from the public, states, and tribes. The six Initiatives selected are:
•	Keeping raw sewage and contaminated stormwater out of our nation's waters;
•	Preventing animal waste from Concentrated Animal Feeding Operations (CAFOs ) from
contaminating surface and ground waters;
•	Cutting toxic air pollution that affects communities' health;
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
•	Reducing widespread air pollution from the largest sources, especially the coal-fired utility,
cement, glass, and acid sectors;
•	Reducing pollution from mineral processing operations; and
•	Assuring energy extraction sector compliance with environmental laws.
In selecting these areas of focus, OECA gave significant weight to problems that affect
overburdened communities. For example, raw sewage discharges from municipal sewer systems
often affect poor and minority communities by contaminating urban waters or causing sewage
backups into their homes. CAFOs are often located near poor rural communities, and animal
waste that gets into ground water can contaminate nearby residents' drinking water supplies.
Toxic air pollution can affect the health of poor and minority communities that often are located
closest to industrial facilities with toxic air emissions. Widespread air pollution from coal-fired
power plants and other industries can travel long distances and contributes to respiratory
illnesses, such as asthma, that afflict poor and minority populations and children. Large mineral
processing facilities, which can cause significant contamination of ground and surface waters with
hazardous waste, are often located near poor and minority communities. Energy extraction
activities, which often occur on or near tribal lands in the West, can cause air or water pollution
problems that affect tribal communities.
Activity #1.2: Implementation of National Enforcement Initiatives for FY2011-13
OECA will look for opportunities to address EJ concerns as it implements the National Enforcement
Initiatives for FY2011-13. A "Strategy Implementation Team," consisting of OECA headquarters
and regional representatives, is responsible for developing implementation strategies and
performance measures for each of the National Enforcement Initiatives. Each initiative's strategy
will consider how EJ concerns can be addressed in carrying out its activities, e.g., by giving priority
in case selection to overburdened EJ communities affected by the pollution problems we seek to
address in each of the initiatives. In developing remedies in our enforcement cases for the
initiatives, we will seek judicial and administrative remedies that will reduce or eliminate pollution
that may have a disproportionate impact on minority, low-income or indigenous populations (see
further discussion under Strategy 4 below). OECA plans to finalize the National Enforcement
Initiative strategies and measures by April 30, 2011.
Activity #1.3: Selection of National Enforcement Initiatives for FY2014-16
In 2013, OECA will call for nominations for the FY2014-2016 National Enforcement Initiatives, with
emphasis on those with potential opportunities for addressing EJ concerns, and will then select the
new initiatives. As we have done previously, OECA will solicit state input and public comment on
the proposed FY2014-2016 initiatives areas before they are selected.
Strategy 2: Advance EJ Goals through Targeting and Development of Compliance and
Enforcement Actions,
OECA and the Regions will continue to place a high priority on addressing EJ concerns as we
develop the specific targeting and case selection strategies for both National Enforcement
Initiative cases and the many other enforcement cases that EPA brings in FY2011-13. As discussed
above, the Strategic Implementation Teams for each National Enforcement Initiative will identify
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
opportunities to protect and benefit disproportionately burdened communities when selecting
and developing specific cases to achieve the Initiative goals. For example, when selecting specific
CAFO facilities for enforcement action, priority may be given to facilities that are impacting or
threatening the drinking water supplies of poor rural communities. OECA and the Regions will also
give specific consideration and priority to EJ and overburdened communities when selecting
enforcement actions to address other important compliance problems, regardless of whether they
are part of a National Enforcement Initiative. For example, in selecting enforcement actions to
address violations of drinking water standards, we will give high priority to addressing violations at
water supply systems that serve poor and tribal communities, as well as children, one of our most
vulnerable populations.
Activity #2.1: Issue internal guidance requiring analysis and consideration of environmental
justice in EPA's compliance and enforcement program
EPA's enforcement program is already giving significant consideration to environmental justice
concerns in selecting enforcement areas of focus and targets. For example, as described above,
environmental justice considerations played a significant role in our selection of national
compliance problems to address through National Enforcement Initiatives. To ensure that EPA
enforcement staff and managers consistently and effectively consider environmental justice
factors in all their work under EPA's national compliance and enforcement program, OECA will
issue national guidance in 2011 to reinforce, guide, and accelerate these efforts.
OECA's guidance will direct EPA compliance and enforcement staff and managers to consider and
give significant weight to environmental justice concerns when they select compliance problems
to focus on, select specific civil or criminal enforcement case targets, and develop and conduct civil
litigation or criminal prosecution. Given limited resources, EPA managers must make many
strategic choices as they decide which problems to focus on and how to address them. Protection
of the public health is our highest priority, and protection of the health of vulnerable communities
is especially important. While we cannot address every problem with our limited resources, we
can ensure that we consider and give significant weight to the protection of vulnerable
communities as we make those strategic choices.
For example, in carrying out our National Enforcement Initiative to address groundwater or
surface water pollution caused by CAFOs, a Region must make strategic choices about which
watershed areas to focus on and which particular CAFOs to inspect. A number of factors are
considered in that decision-making process, e.g,. the relative severity of the environmental and
public health problems, the degree to which facilities are known or suspected to have violations
that are contributing to the problem, and the degree to which enforcement action is likely to be an
effective and appropriate tool to correct that problem. Environmental justice concerns should be
considered and given significant weight in making this decision. For example, if there is a poor or
minority overburdened community whose drinking water supply is contaminated or at risk of
contamination from a nearby CAFO, that factor weighs in favor of selecting that CAFO as one of
our enforcement case targets.
To ensure that all EPA enforcement personnel consider and address environmental justice
concerns early in the enforcement process, OECA, in consultation with the EPA Regions and DOJ, is
revising its internal Model Litigation Report guidance to call for increased analysis and discussion
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
of EJ considerations in civil case referrals that we send to DOJ. In addition, OECA will issue
guidance calling for analysis and discussion of EJ considerations in the requests for prosecutorial
assistance that EPA provides to DOJ. These guidances will be issued in 2011.
In order to implement the direction to consider EJ concerns in selecting and conducting
enforcement cases, case teams will need guidance on how to identify areas of potential EJ
concern. EPA has developed a number of screening tools to assist in identifying areas of potential
EJ concern. These include the online mapping tool "EJ View" (formerly known as the EJ
Geographic Assessment Tool, or EJGAT), which uses demographic, environmental, health, and
facility-level information to assist in identifying areas with potential environmental justice
concerns. OECA has also developed a screening tool called the EJ Strategic Enforcement
Assessment Tool (EJSEAT), which uses these same categories of data to assist in identifying areas
of potential EJ concern that may be appropriate for enforcement action to address the impacts of
noncompliance on overburdened communities. A number of EPA's Regions have also developed
their own analytic tools and methods for this purpose.
With all of these screening tools, it is important to remember that they can only provide a starting
point for analysis and decision-making as to whether a community has EJ concerns or whether any
enforcement action is appropriate. "Ground truthing" is needed before drawing any conclusions
as to any particular community or environmental compliance problem, and, as described above, a
number of other important factors must be taken into consideration when deciding whether and
where to take enforcement actions.
In addition to OECA's efforts to develop screening tools for use in the enforcement and
compliance program, the Agency's Information Tools Development Workgroup is undertaking a
larger effort to develop guidance on identifying areas of potential EJ concern as a separate effort
under EPA's Plan EJ 2014. It will be important to ensure that OECA's guidance to enforcement
case teams is consistent with the approach(es) developed by the Agency-wide EJ Screening
Committee. Therefore, upon completion of the Screening Committee's work, OECA will review its
guidance to ensure that it is consistent with the final Agency decisions based on the EJ Screening
Committee's work.
Activity #2.2: Review OECA's Enforcement Response Policies to determine whether any
revisions are needed to ensure that environmental justice concerns are addressed in case
development and resolution
OECA will review its Enforcement Response Policies for the various statutory and regulatory
programs to assess whether any revisions are needed to ensure environmental justice concerns
are addressed. A plan for the review will be developed by June 30, 2011.
Activity #2.3: Re-evaluate use of EJSEAT, as appropriate, in response to recommendations of
NEJAC and conclusions of EPA EJ Screening Committee
EPA's National Environmental Justice Advisory Council (NEJAC) thoroughly reviewed OECA's
screening tool, EJSEAT, and provided technical and policy recommendations to improve this tool in
May 2010. OECA responded to and discussed the NEJAC's recommendations at the NEJAC
meeting in July 2010, and is implementing some of its technical recommendations. Many of the
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
NEJAC's recommendations raised policy issues that have broad application and implications for all
of the Agency's EJ work. To ensure Agency-wide consistency, OECA will await the outcome of the
EJ Screening Committee's work before making final decisions on the NEJAC's policy
recommendations. However, as OECA and the Regions continue to use EJSEAT pending the
outcome of the EJ Screening Committee's work, the OECA EJ Council will assess whether additional
changes to EJSEAT recommended by the NEJAC's review of the tool should be made on an interim
basis.
Activity #2.4: Seek opportunities to advance EJ goals in implementing the Clean Water Act
Action Plan
OECA and the Office of Water (OW) have developed a Clean Water Act Action Plan to revamp
EPA's permitting, compliance and enforcement programs so that they more effectively focus our
limited resources on addressing the most important environmental and public health problems
facing the nation. Many of these problems disproportionately impact poor and minority
communities. For example, urban waters pollution is most likely to affect the health and welfare
of poor communities located along urban waterways. As OECA, OW, and the Regions develop and
implement new strategies and plans under the Clean Water Act Action Plan, we will identify
specific opportunities to address EJ concerns.
Many of the opportunities to address EJ concerns in implementation of the Clean Water
Act Action Plan will come through the development of targeting strategies and specific case
selection. The Clean Water Act Action Plan also offers other opportunities to address EJ concerns,
such as our increased attention with our state partners to the relationship between effective
permitting and enforcement in assuring compliance with the Clean Water Act. Often, the
concerns that are raised to EPA by overburdened communities relate to the effectiveness of the
permit regulating a particular facility, which is an essential underpinning for effective compliance
and enforcement.
Activity #2.5: Seek opportunities to advance EJ goals in conducting the National Enforcement
Strategy for RCRA Corrective Action
OECA's Corrective Action program has set an aspirational goal of achieving remedy construction at
95% of 3,747 RCRA facilities by the year 2020. The National Enforcement Strategy for Corrective
Action (NESCA) provides direction to the Regions, and guidance to States, for assessing, targeting,
and prioritizing EPA-lead Corrective Action facilities to help meet the 2020 Corrective Action goal.
Regions are encouraged to focus attention on identifying and addressing disproportionate impacts
that RCRA facilities needing corrective action may have on adjacent or nearby minority, low-
income, tribal, and other vulnerable populations.
NESCA identifies a variety of mapping tools that Regions, States, and communities can use to view
and identify EJ concerns. As part of their RCRA Corrective Action 2020 strategies, the Regions
must identify what tools they plan to use to address EJ concerns in their prioritization. To assist
Regions with addressing EJ concerns, OECA provided each Region with a list of all potential
facilities. OECA used EJSEAT to screen and prioritize each facility on these lists of facilities.
Regions will assess their 2020 Corrective Action Universe to ensure consideration of EJ and provide
updated RCRA Corrective Action 2020 strategies in Spring of 2011.
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
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Activity #2.6: Improve compliance at federal facilities where violations may impact vulnerable
communities
Where federal facilities are located adjacent to or nearby vulnerable, overburdened communities,
illegal pollution or hazardous waste contamination can have a disproportionate effect on those
communities. As part of Plan EJ 2014, OECA, together with Federal Facility Program Managers in
each EPA Region, will accelerate our efforts to identify communities with these types of problems
and take enforcement action to ensure that federal facilities comply with the law and address
pollution problems that affect the communities. In FY11 we will use EJSEAT and other tools and
information to identify vulnerable and overburdened communities located near federal facilities
that have significant violations of federal environmental laws. These facilities will be given priority
in regional targeting efforts for compliance and enforcement.
Activity #2.7: Develop tools to identify and track facilities located in areas with potential EJ
concerns, and report on enforcement actions that address EJ concerns
To ensure the success of Activities #2.1-2.6, it will be important to ensure that EJ screening
information is available to case teams, and to track the enforcement and compliance activities that
we implement under this Plan. Therefore, in 2011 OECA will develop and implement technical
programming for the Integrated Compliance Information System (ICIS) database, an internal
tracking system, to allow for automated reporting on OECA regional and headquarters review of
EPA civil enforcement cases for potential EJ concern. OECA is in the process of developing this
capacity and will determine in 2011 whether the reporting mechanism in ICIS is adequate for
OECA's needs.
To support OECA's program efforts to improve tracking and reporting of EJ aspects of EPA criminal
enforcement case work, OECA will in 2011 analyze its current docket of investigations for potential
EJ concerns, and will revise its internal Criminal Case Reporting System (CCRS) to capture
information concerning potential EJ concerns in criminal enforcement investigations and
prosecutions. OECA will also re-evaluate modifying its internal case tiering system to consider
such data.
Strateg] ihance Use of Enforcement and Compliance Tools to Advance EJ Goals in
Regions" Geographic Initiatives to Address Overburdened Communities.
EPA Regions have developed and continue to develop integrated strategies to focus on particular
geographic areas in their Regions with overburdened communities that are disproportionately
affected by environmental problems. Beginning in 2008, for example, each Region identified a
"Showcase Community" to focus efforts to address EJ concerns. The Regions used integrated
strategies for this purpose that considered the full range of EPA's tools, and a number of these
projects include use of enforcement and compliance assurance tools. Under this Strategy, the
Regions will ensure that they use their enforcement and compliance assistance tools effectively to
identify and address environmental and public health problems in areas of EJ concern that are
caused or made worse by violations of federal environmental laws. For example, EPA Regions 3, 4
and 5 are leading a geographic enforcement initiative focused on Huntington Port, which was
selected in part because screening analysis indicated a high potential for EJ concerns. This
initiative incorporates enforcement and compliance assistance to reduce pollution and increase
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
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compliance. It also includes workshops to build the community's capacity to help ensure long-
term protection of the environment and public health.
Activity #3.1: Regions will include use of enforcement tools as part of integrated problem
solving strategies that are focused on particular geographic areas
OECA and the Regions, together with state and other partners as appropriate, will evaluate facility
compliance in EJ communities selected for strategic focus. These evaluations should be targeted
using the best available data and methods in light of the overall objectives of EPA's enforcement
and compliance assurance work. In this way, community-focused initiatives will complement the
national enforcement initiatives and other sector-based and program-specific enforcement
activities, meeting OECA's goal of strategically using limited enforcement resources to address the
most significant issues first.
OECA and the Regions will tailor compliance evaluation and enforcement actions as part of
integrated strategies to maximize EPA's ability to gain environmental and public health benefits in
overburdened communities. For example, this could include use of multi-media inspections
and/or process inspections to comprehensively address potential impacts from violations at a
given facility.
Activity #3.2: Regions will include use of compliance assistance tools as part of integrated
problem-solving strategies focused on particular geographic areas
OECA and the Regions will consider and use compliance assistance activities to effectively reach
large numbers of small sources with environmental violations that have significant local impacts
on EJ communities. Compliance assistance tools are particularly appropriate, at least as initial
compliance efforts, when widespread violations are found among small businesses, which often
have limited resources and less ability than major industrial facilities to understand and comply
with the requirements of federal environmental regulations. EPA and states have often been
successful in improving small businesses' compliance with environmental regulations through
focused outreach and education efforts.
Strateg] ek Appropriate Remedies in Enforcement Actions to Benefit Vulnerable
ant! Overburdened Communities and Address EJ Concerns,
Activity #4.1: Increase efforts to address EJ concerns through use of injunctive relief, including
mitigation, and Supplemental Environmental Projects in civil enforcement actions, as
appropriate
OECA, the EPA Regions, and DOJ are jointly heightening their focus in civil enforcement cases on
potential options to obtain meaningful environmental and public health benefits to specific
overburdened communities impacted by violations of federal environmental laws. These efforts
go beyond traditional injunctive relief to stop illegal pollution, to mitigate the environmental and
public health harm caused by illegal pollution and, where appropriate and agreed to by
defendants, to include Supplemental Environmental Projects (SEPs) that provide benefits to
communities. For example, in a case involving illegal discharges of pollutants from a facility that
damaged a tribal fishing area, the relief ordered (in addition to stopping the illegal discharges)
included restocking the fishing ground. EPA has also been successful in obtaining SEPs from
defendants to retrofit diesel school buses, to reduce the air pollution that children are exposed to.
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
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We will continue and accelerate these types of efforts to reduce pollution burdens that have a
disproportionate impact on minority, low-income or indigenous populations.
Activity #4.2: Increase efforts to benefit affected communities through use of restitution and
the Crime Victims' Rights Act in criminal actions
OECA will work with DOJ to (1) explore innovative uses of criminal sentencing options, e.g.,
community service and/or environmental compliance plans, and (2) take into account information
obtained pursuant to the Crime Victims Rights Act, when developing environmental crimes case
resolutions (e.g., restitution).
Activity #4.3: Look for opportunities to work with other federal agencies, state and local
governments, and the business community to complement and leverage community benefits
resulting from enforcement activities
In addition to the benefits that can be obtained for overburdened communities through judicial
and administrative enforcement actions, there may be other, parallel opportunities to obtain
additional benefits for the community through cooperation with other federal agencies, state or
local governments, and/or the business community. For example, the U.S. Department of Housing
and Urban Development (HUD) may be able to provide housing assistance or other community
benefits in a "brownfields" area where EPA has taken enforcement action to clean up
environmental contamination. State or local governments may have projects or grant funding that
can be used to improve the community's infrastructure or environment in an area that is also the
focus of EPA compliance or enforcement action. In situations where air emissions from individual
or multiple industrial facilities continue to adversely affect community health despite their
compliance with emission limitations, some businesses may be willing to take voluntary action to
further reduce the emissions that adversely affect the community. Examples of such voluntary
actions include: a health clinic established and operated together with local, state and community
members; a household hazardous waste collection drive; a local company voluntarily agreeing to
post compliance monitoring information directly on a public website, to allow community
members to check on compliance; "good neighbor agreements" between local companies and
communities to address facility impacts not regulated by a permit or other law. EPA will identify
specific opportunities, in cases or regional geographic initiatives, to work with other federal
agencies, state and local governments, and/or the business community to complement and
leverage benefits resulting from enforcement activities. We will document and share
recommendations and best practices for taking action on these opportunities.
Strategy 5: Enhance Communication with Affected Communities and the Public
Regarding Ef Concerns and the Distribution ant! Benefits of Enforcement Actions, As
Appropriate,
OECA and the EPA Regions with DOJ will increase their efforts to communicate with affected
communities and the public about enforcement strategies and actions that may affect vulnerable
and overburdened communities. We recognize that communities have a legitimate need to be
informed and to understand the federal government's enforcement activities to protect their
environment and public health, and to have their voices heard when solutions are being
considered to redress environmental and health problems caused by violations of federal
environmental laws that affect their community. As OECA implements these Strategies for Plan EJ
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Plan IEJ 2014: Advancing IEJ through Compliance and Enforcement
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2014, we commit to increase our outreach to communities and to provide more information about
environmental and public health problems caused by failure to comply with federal environmental
laws, our efforts to address those problems, and available judicial and administrative solutions to
those problems that can address the communities' concerns and needs.
At the same time, it is important for communities to understand the legitimate and essential need
to protect the confidentiality of enforcement activity when a case is under development and in
settlement negotiations. This is essential to assure that effective enforcement, and its ultimate
benefits for the community, will not be undermined and adversely affected by premature
disclosure of confidential enforcement information. While this consideration will necessarily limit
the amount and kind of information that EPA is able to share with the community at various stages
of enforcement activity, we are committed to sharing as much information as possible, to enable
communities to be informed and to have their voices heard in the determination of appropriate
resolutions for violations of federal environmental laws that affect communities.
While increased communication efforts are important, it is no less important to receive input from
communities on potential violations. We will continue to invite tips and complaints, including
through such means as EPA's on-line reporting badge and the EPA fugitives webpage.
Activity #5.1: Provide affected communities with information about enforcement actions and
meaningful opportunities for input on potential EJ concerns and remedies to be implemented
As OECA and the Regions develop and implement our enforcement actions, we will seek to
identify communities with EJ concerns that could benefit from enhanced communication and
consultation regarding enforcement activities, and provide the communities with additional
information (consistent with the confidentiality requirements needed to protect the integrity of
enforcement actions). As appropriate, OECA and the Regions will also provide opportunities for
communities to provide input on EJ concerns and remedies to be sought in enforcement actions
that affect their communities. This information will be provided through EPA's website, local
information repositories, and other appropriate means.
Activity #5.2: Improve website information and other public information materials to explain
EPA's site cleanup enforcement processes
OECA and the Regions recognize that EPA's enforcement processes concerning hazardous waste
site cleanup that affect communities with potential EJ concerns, are often complicated and can be
difficult for the public to understand and to follow. To increase communities' ability to understand
our enforcement processes, we will coordinate across EPA offices to maximize website
information on cleanup enforcement at specific sites, develop and make available fact sheets to
better explain EPA's cleanup enforcement process, and prepare for internal EPA use a
compendium of "best practices" that will encourage and facilitate EPA employees' efforts to make
cleanup enforcement information more available to the public.
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Activity #5.3: Enhance communication of the EJ benefits of EPA's enforcement actions
EPA's enforcement actions frequently provide significant benefits to vulnerable and overburdened
communities, including reduction of air or water pollution, cleanup of toxic and hazardous waste,
and additional community benefits such as diesel bus retrofits and other benefits made available
through SEPs. However, the community is best able to appreciate these benefits when they have
good information about these actions. Therefore, OECA and the Regions will accelerate our efforts
to communicate, through press releases, EPA's website and other means, the benefits of our
enforcement actions for vulnerable and overburdened communities. To ensure nationwide
consistency in this effort, we will issue internal guidance for this purpose in 2011.
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3.0 DELIVERABLES
Strategy 1: Advance EJ Goals through Selection and Implementation of National
Enforcement Initiatives.
ACTIVITY
DELIVERABLES1
MILESTONES
Activity #1.1: Consider EJ in
selecting National Enforcement
Initiatives (NEIs) for FY2011-13
• Selection of National Enforcement
Initiatives for FY2011-13.
Completed.
Activity #1.2: Advance EJ goals
through implementation of NEIs
• Strategic Implementation Team (SIT)
strategies to include opportunities to
advance EJ goals
• April 30, 2011
Activity #1.3: Consider EJ in
nominating and selecting National
Enforcement Initiatives for
FY2014-17
• Call for nominations for FY2014-17 NEIs to
include request to identify opportunities to
advance EJ goals
• In 2013
Strategy 2: Advance EJ Goals through Targeting and Development of Compliance and
Enforcement Actions.
ACTIVITY
DELIVERABLES
MILESTONES
Activity #2.1: Issue internal
guidance calling for analysis and
consideration of EJ in EPA's
compliance and enforcement
program, including using available
tools and approaches to identify
areas of potential EJ concern
•	Issue guidance to EPA managers and staff
that calls for consideration of EJ in EPA's
compliance and enforcement program
•	Revise Model Litigation Report Guidance to
call for increased analysis and discussion of
EJ in judicial referrals
•	Modify criminal case tiering system to add
EJ as attributes
•	Issue guidance calling for discussion of EJ
issues in requests for prosecutorial
assistance
•	Apr. 30, 2011
•	Draft by June 30,
2011; Final by
Sept. 30, 2011
•	June 30,2011
•	June 30,2011
Activity #2.2: Review OECA's
Enforcement Response Policies to
determine whether any revisions
are needed to ensure that EJ
concerns are addressed in case
development and resolution
• Develop a plan and timetable for review of
Enforcement Response Policies
• June 30, 2011
1 "Deliverables" are a schedule of actions, products or results that OECA intends to accomplish by a specified date.
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Plan EJ 2014: Advancing EJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
ACTIVITY
DELIVERABLES
MILESTONES
Activity #2.3: Re-evaluate use of
EJSEAT, as appropriate, in
response to recommendations of
NEJAC and conclusions of EPA EJ
Screening Committee
•	Finalize implementation of NEJAC technical
recommendations for EJSEAT already
accepted
•	Reconsider and finalize response to NEJAC
recommendations on EJSEAT following
issuance of final work product by EJ
Screening Committee (to ensure
consistency)
•	May 6, 2011
•	Within 180 days
following
issuance of final
work product of
EJ Screening
Committee
Activity #2.4: Seek opportunities
to advance EJ goals in
implementing the Clean Water
Action Plan
• As EPA develops and implements new
strategies and plans under the Clean Water
Act Action Plan, we will identify specific
opportunities to address EJ concerns
• Ongoing
Activity #2.5: Seek opportunities
to advance EJ goals in conducting
the National Enforcement
Strategy for RCRA Corrective
Action
•	Screen all facilities in the 2020 Corrective
universe that are subject to the National
Enforcement Strategy for RCRA Corrective
Action for potential EJ concerns
•	Indentify as priorities for enforcement,
Corrective Action sites using the potential
for EJ concerns as a factor
•	Completed
•	Ongoing
Activity #2.6: Improve compliance
at federal facilities where
violations may impact vulnerable
communities
• Use EJSEAT to identify vulnerable
communities located near federal facilities.
Identify those that have significant
environmental violations for priority
consideration by regional federal facility
program targeting efforts, for compliance
assistance and potential enforcement.
• Ongoing
Activity #2.7: Develop tracking
and reporting tools on potential EJ
concerns and results in
enforcement actions
•	Develop and implement
technical/programming requirements for
the ICIS database
•	Develop reporting guidance
•	Revise the Criminal Case Reporting System
(CCRS) to capture information concerning
potential EJ concerns in criminal
enforcement investigations and
prosecutions
•	Pilot guidance in
Sept. 2011; Final
guidance by
Mar. 30, 2012
•	June 30, 2011
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Plan EJ 2014: Advancing EJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
Strategy 3: Enhance Use of Enforcement and Compliance Tools to Advance EJ Goals in
Regions' Geographic Initiatives to Address Over-Burdened Communities.
ACTIVITY

DELIVERABLES

MILESTONES
Activity #3.1: Regions will include
use of enforcement tools as part
of integrated problem solving
strategies that are focused on
particular geographic areas
•
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 EJ
concerns. For example, some Regions
incorporated such an approach into their
EJ Showcase Community projects.
•
Ongoing

•
Document accomplishments and future
plans for including enforcement in these
geographic initiatives
•
Dec. 31, 2011
Activity #3.2: Regions will include
use of compliance assistance tools
as part of integrated problem
solving strategies, (e.g., as applied
in the Showcase Communities),
that are focused on particular
geographic areas
•
Regions will be asked to evaluate
appropriate compliance assistance tools
when applying integrated problem solving
strategies in selected geographic areas
with EJ concerns. For example, some
Regions incorporated such an approach
into their EJ Showcase Community
projects.
•
Ongoing

•
Document accomplishments and future
plans for including compliance assistance
in these geographic initiatives
•
Dec. 31, 2011
Strategy 4: Seek Appropriate Remedies in Enforcement Actions to Benefit Vulnerable
and Over-Burdened Communities and Address EJ Concerns.
ACTIVITY

DELIVERABLES

MILESTONES
Activity #4.1: Increase efforts to
address EJ concerns through use
of injunctive relief, including
mitigation, and Supplemental
Environmental Projects in civil
enforcement actions
•
On case-specific basis, coordinate with DOJ
on potential options in judicial cases for
injunctive relief, including mitigation, and
Supplemental Environmental Projects that
will deliver substantial and meaningful
environmental benefits to specific EJ
communities
•
Ongoing

•
Assess opportunities for increasing EJ
benefits in remedies in administrative
actions
•
Ongoing
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Plan EJ 2014: Advancing EJ through Compliance and Enforcement
Draft Implementation Plan, March 1, 2011
ACTIVITY
DELIVERABLES
MILESTONES
Activity #4.2: Increase efforts to
benefit vulnerable communities
through use of restitution and the
Crime Victims' Rights Act (CVRA)
in criminal actions
•	Work with DOJ to (1) explore innovative
uses of criminal sentencing options, e.g.,
community service and/or environmental
compliance plans, and (2) take into
account information obtained pursuant to
the Crime Victims Rights Act (CVRA) when
developing environmental crimes case
resolutions (e.g., restitution)
•	Provide comments on DOJ/AG's CVRA
Guidelines
•	Coordinate with DOJ in their
implementation of CVRA guidelines for
federal environmental prosecutions
•	Evaluate use of restitution, community
service, and CVRA in federal environmental
prosecutions, and issue guidance to
investigators
•	Ongoing
•	Completed
•	Ongoing
•	Sept. 30, 2011
Activity #4.3: Look for
opportunities to work with other
federal agencies, state and local
governments, and the business
community to complement and
leverage community benefits
resulting from enforcement
activities
•	Identify specific opportunities, in cases or
regional geographic initiatives, to work
with other federal agencies, state and local
governments, and the business community
to complement and leverage benefits
resulting from enforcement activities
•	Document and share recommendations
and best practices for taking action on
these opportunities
•	Ongoing
•	Dec. 31, 2011
Strategy 5: Enhance Communications with Affected Communities and the Public
Regarding EJ Concerns and the Distribution and Benefits of Enforcement Actions, as
Appropriate.
ACTIVITY
DELIVERABLES
MILESTONES
Activity #5.1: Provide affected
communities with information
about enforcement actions and
meaningful opportunities for
input on potential EJ concerns and
remedies to be sought, as
appropriate.
•	Identify communities where enhanced
communication and consultation re:
enforcement matters is appropriate
•	Provide communities with information
about enforcement actions and meaningful
opportunities for input on potential EJ
concerns and remedies to be sought, as
appropriate
•	Ongoing
•	Ongoing
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Plan EJ 2014: Advancing EJ through Compliance and Enforcement	Draft Implementation Plan, March 1, 2011
ACTIVITY
DELIVERABLES
MILESTONES
Activity #5.2: Improve website
information on cleanup
enforcement, develop fact sheets
to better explain the cleanup
enforcement process, and prepare
a compendium of best practices.
•	Coordinate across EPA offices to maximize
website information on cleanup
enforcement at specific sites
•	Participate in the development of fact
sheets that explain the cleanup
enforcement process
•	Prepare compendium of best practices
•	Ongoing
•	Ongoing
•	Dec. 31, 2011
Activity #5.3: Enhance
communication of EJ benefits of
EPA's enforcement actions
• Develop policy on communicating in press
releases and similar statements the EJ
benefits of EPA's enforcement actions
• May 31, 2011
4.0 Reports
OECA will report annually on progress in implementing the Strategies outlined in this
implementation plan, and will update as necessary, the Activities and Deliverables outlined here.
For information, please contact: Loan Nguyen, 202-564-4041, nguyen.loan@epa.gov or Eileen
Deamer, 312-886-1728, deamer.eileen@epa.gov.
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