^tD sr% * o * I PRO^ PLAN EJ 2014 FOSTERING ADMINISTRATION-WIDE ACTION ON ENVIRONMENTAL JUSTICE DRAFT IMPLEMENTATION PLAN Led by Office of Water and Region 6 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 Fostering Administration-Wide Action on Environmental Justice Draft Implementation Plan can be submitted on Regulations.gov Docket # EPA-HQ-OECA-2011-0298. 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: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 1.0 INTRODUCTION Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations" (EO 12898)-signed in 1994-calls on all federal agencies to focus attention on, and work with other stakeholders to, eliminate or remediate the unduly high and adverse human health or environmental effects that exist in these communities; in other words, achieve environmental justice. EO 12898 directs each Federal Agency to "make 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 populations," including tribal populations. 1.1 Goals Everyone in America deserves to live, work, and play in a healthy and sustainable community. The goal of this Implementation Plan is to facilitate the active involvement of all federal agencies in ensuring a healthy, sustainable and green community for all people. To better achieve this goal, EPA is leading the Administration's effort to fully implement EO 12898. As each Agency reinvigorates its effort to make environmental justice part of its mission, EPA will focus on helping each Agency participate in a coordinated approach that acknowledges the disproportionately high and adverse human health and environmental impacts on overburdened communities, while providing access to the environmental, public health and economic benefits that Agency programs provide. A coordinated and holistic approach is essential to ensuring that we address the full scope of adverse human health and environmental effects in disproportionately burdened communities, legacy pollution problems rooted in historical discrimination, and cumulative impacts, and ensure that all communities participate in, and benefit from, the transition to a clean energy economy. 1.2 Organizational Structure The Office of Water (OW) and Region 6 will serve as co- leads on the Fostering Administration- Wide Action (FAWA) on EJ focus area. OW will be supported by the Office of Environmental Justice (OEJ), the Office of Solid Waste and Emergency Response (OSWER), the Office of Federal Activities (OFA), the Office of Civil Rights (OCR), and the Office of Congressional and Intergovernmental Relations (OCIR). EPA recognizes that Fostering Administration-Wide Action requires coordination with the Council on Environmental Quality (CEQ), other federal agencies, and EPA's ongoing interagency activities. In addition, the Office of Federal Activities will address the issues related to National Environmental Policy Act (NEPA), and the Office of Civil Rights will address issues related to Title VI of the Civil Rights Act. Interagency coordination will also involve the Interagency Working Group on Environmental Justice (IWG), which was established under EO 12898 and was reconvened in September 2010. 1 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 2.0 IMPLEMENTATION 2.1 Strategies EPA, in conjunction with the White House Council on Environmental Quality and Interagency Working Group on Environmental Justice, has identified four major strategies for Fostering Administration-Wide Action on Environmental Justice: • Assist other federal agencies to integrate EJ in their programs, policies, and activities. • 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. • Foster healthy and sustainable communities, with an emphasis on place-based initiatives. • Strengthen community access to federal agencies. 2.2 Activities Strategy 1: Assist other federal agencies to integrate EJ in their missions, programs, policies, and activities. Background: EPA will lead the Administration's effort to better integrate environmental justice into federal agency programs, policies and activities by chairing the Interagency Working Group on Environmental Justice (EJ IWG). The Administration is dedicated to ensuring that everyone has the opportunity to live in a healthy and sustainable community, particularly those living in overburdened communities. As part of this Administration-wide effort, EPA has taken the lead in reinvigorating the EJ IWG. Under EO 12898, the EJ IWG is chaired by the EPA Administrator and comprised of principals from other agencies. The purpose of the EJ IWG is to guide, support, and enhance federal environmental justice and community-based activities. Activity #1.1: Chair and convene EJ IWG Principal, Deputy, and Senior Staff meetings. EPA and the other federal agencies place a high priority on facilitating the integration of EJ into federal agency programs, policies, and activities. For example, in 2010, EPA and CEQ reconvened the EJ IWG for the first time in over a decade. White House, EJ IWG members and other federal agency representatives expressed their commitment to meet their responsibilities under EO 12898. EPA and CEQ also hosted the first White House Environmental Justice Forum (EJ Forum). At the Forum, EJ IWG members and other federal agency representatives reengaged with EJ advocates about issues that are important to overburdened communities. Moving forward, EPA will continue to lead EJ IWG meetings and events. Activity #1.2: Chair, assist, and oversee each Agency's effort to update or develop an EJ Strategies. This Administration is committed to identifying, evaluating, and reducing environmental and human health burdens while increasing environmental and human health benefits in overburdened communities. Accordingly, each Agency will update, or in some cases develop, an EJ Strategy that will be responsive to the environmental and human health needs of overburdened communities. 2 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 Activity #1.3: Lead the effort to organize regional events. EPA and other federal agencies recognize that, to successfully address the needs of overburdened communities, federal agencies must engage EJ stakeholders in and around their communities. To further this effort, EPA will lead the development of regional events where EJ IWG members and other federal agency representatives will meet with EJ stakeholders to discuss and help resolve issues that are important to communities in each region. Activity #1.4: Develop and provide tools that help EJ and other stakeholders identify federal information and resources. This Administration recognizes the need to provide federal resources, contact information, lessons-learned, and other information to EJ stakeholders. As a result, EPA will develop information and resource tools to promote collaboration between federal agencies and EJ stakeholders and improve opportunities for EJ stakeholders to utilize federal resources. Activity #1.5: Convene a group of senior attorneys from across the federal government to promote the integration of EJ into their agencies' actions. In partnership with the Department of Justice, the Office of General Counsel (OGC), Office of Enforcement and Compliance Assurance (OECA) and Office of Regional Counsel (ORC) will bring together attorneys from agencies across the federal government that have an interest in environmental justice. We will convene monthly meetings at the staff level to share information about legal issues the agencies have encountered and think through the role of agency attorneys in promoting their agencies' EJ policies. We also hope to develop other forms of information- sharing tools. Our goal is to help EJ IWG members and other agencies with EJ interest to understand the legal tools available to them to promote environmental justice. Strategy 2: Work with other federal agencies to strengthen use of interagency legal tools, i.e., National Environmental Policy Act and Title VI of Civil Rights Act of 1964 National Environmental Policy Act (NEPA) Background: The National Environmental Policy Act (NEPA) is an important tool that can be used to help advance the goals of environmental justice. NEPA emphasizes transparency and public involvement and promotes better, more responsible decision-making by the federal government. Namely, NEPA requires federal agencies to assess and disclose environmental impacts, which include environmental justice considerations, when proposing actions. Further, under the Clean Air Act Section 309, EPA is mandated to review environmental impact statements, comment in writing, and make those comments available to the public. These reviews include an assessment of whether the requirements of Executive Order 12898 and the accompanying Presidential Memorandum on environmental justice are considered and integrated within the NEPA process. We have identified a number of activities which EPA, in concert with other federal agencies, can take to strengthen all agencies' abilities to incorporate environmental justice into major federal activities. 3 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 Activity #2.1: Articulate a consistent message about the need to incorporate Environmental Justice into NEPA implementation We will articulate a clear, consistent message about need to incorporate EJ considerations into NEPA implementation efforts. We will reinforce the utility of NEPA as a tool to effect good environmental decision-making and take EJ into account through CAA Section 309 reviews. In addition to improving internal collaboration on EJ, a clear message will enable the Agency to send consistent messages to external stakeholders. Activity #2.2: Enable federal NEPA practitioners to enhance consideration and execution of EJ requirements in NEPA implementation We will develop tools to help federal NEPA practitioners in EPA and other agencies enhance EJ considerations in NEPA implementation by identifying and disseminating best practices in general and in specific sectors. These tools can assist agencies in analyzing environmental impacts and community concerns and will emphasize the benefits of having robust, agency-specific formal NEPA/EJ guidance. Title VI of Civil Rights Act of 1964 Background: Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin, including matters related to language access for limited English proficient persons, by recipients of federal financial assistance. Under EPA's Title VI regulations, recipients of EPA financial assistance are prohibited from, among other things, using "criteria or methods of administering its program which have the effect of subjecting individuals to discrimination based on their race, color, or national origin." For example, facially-neutral policies or practices that result in discriminatory effects violate EPA's Title VI regulations, unless it is shown that they are justified and that there is no less discriminatory alternative. In addition, EPA's regulations and Title VI prohibit intentional discrimination by recipients. Other similar laws prohibit discrimination on the basis of age, sex, and disability by recipients of federal financial assistance. OCR has identified several activities that EPA, in concert with US Department of Justice (DOJ), can take to strengthen the use of Title VI. Activity #2.3: Consult with DOJ to strengthen the use of Title VI of the Civil Rights Act of 1964 by re-evaluating the approach for analyzing Title VI complaints. Activity #2.4: Collaborate with DOJ and within EPA, to develop compliance strategies and actions to address non-compliance. 4 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 Strategy 3: Foster healthy and sustainable communities, with an emphasis on place- based initiatives Background: Increasingly, environmentally and economically burdened communities are seeking comprehensive solutions that address adverse human health and environmental effects while enabling these communities to make a transition to sustainable community development. They are calling upon federal agencies to work in a coordinated manner. Resulting efforts will improve community access to the environmental, public health, and economic benefits that define a healthy and sustainable community. By mobilizing the resources of all federal agencies, the EJ IWG can foster efforts to ensure that we address adverse human health and environmental effects in disproportionately burdened communities, including legacy pollution problems rooted in historical discrimination and cumulative impacts, and ensure that all communities participate in, and benefit from, the transition to a clean energy economy. As a result of community input and the White House Forum on EJ, we identified four areas of significant concern to disproportionately burdened communities: • Green Jobs and Clean Energy; • Healthy and Sustainable Communities; • Climate Change and Adaptation; and • Goods Movement. Activity #3.1: Recommend ways to enhance federal interagency coordination in support of healthy and sustainable communities. EPA, in conjunction with other federal agencies, will develop a proposal to the EJ IWG for how federal agencies can coordinate action in each of the four areas identified above to improve the health and sustainability of disproportionately burdened communities in the implementation of existing executive orders and administration priorities. The consideration of environmental justice issues described shall direct engagement with stakeholder communities to obtain meaningful input on the environmental justice implications and opportunities for interagency federal engagement. Actions should be based on the following principles: • Designates an EJ IWG agency to serve as lead; • Builds on and leverages existing Administration initiatives; • Enhances existing policies or programs to address environmental justice issues; • Identifies data needs and success measures; • Identifies place-based project for coordinated action, if appropriate; • Address issues of community access to resources and technical assistance; • Promotes state, regional, local, and tribal partnerships; and • Utilizes regional forums and other community outreach to inform federal actions. Strategy 4: Strengthen Community Access to Federal Agencies Background: In the priorities laid out for EPA by Administrator Jackson last year, she highlighted the importance of expanding the conversation on environmentalism and working for environmental justice. With that priority in mind, the Administrator acknowledged the importance of reaching out to and engaging with communities. As part of this interagency focus on environmental justice, one of our goals is to strengthen the ability of communities to access the 5 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 federal programs and the expertise that they need to realize their goals for a healthy and sustainable way of life. In support of that goal, we will implement actions that eliminate barriers, make connections, fill gaps, and reduce duplication so that communities are better able to access the federal resources they need. Activity #4.1: Community Needs Inventory Pilot In order to determine the areas of inter-agency cooperation that need improvement, the Regions will select three communities of concern about which they have extensive knowledge. Each Region will develop an inventory of the communities' needs and identify the federal agency(ies) that could address each need. Once that has been accomplished for all Regions, a data set of thirty communities will be available so that the workgroup can identify trends - e.g., those three or four federal agencies whose assistance is needed in the broadest number of communities. A request can then be presented to the Administrator to approach those agencies through the EJ IWG for a commitment and the development of strategies. Activity #4.2: Targeted Training for Communities Using the work already underway in the EJ IWG and EPA's Office of Policy to catalog existing federal programs and expertise relevant to communities, we will identify appropriate delivery mechanisms, such as trainings, conferences, webinars, etc., and target them to provide needed information to communities. Activity #4.3: Review Federal Partners Meeting We will review action items from the April 2010 Federal Partners Meeting, determine which recommendations support strengthening community access to federal agencies, and determine how to incorporate them into this implementation plan. This will result in a more robust implementation plan in the future, and will help advance the outcomes of the Federal Partners Meeting. This is being done in coordination with Plan EJ 2014 Community Based Action efforts. Activity #4.4: Coordination with Agency Community-Based Coordination Efforts A member of this Fostering Administration-Wide Action on EJ workgroup will participate on the parallel workgroup under the Office of Policy's Community-Based Coordination Efforts Initiative's (CBCE) Cross-Agency External Coordination workgroup. This person will ensure that EJ communities' needs are adequately addressed in each of the activities recommended and ultimately undertaken. The CBCE Cross-Agency External Coordination workgroup is recommending a number of activities, including: • Cataloguing existing community-based efforts with interagency coordination • Mining existing community-based efforts with interagency coordination for best practices • Improving community access to federal agency resources, including a website portal that will serve as a one-stop shop for communities to access all federal agencies according to searchable needs and key words. 6 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 2.3 Community Engagement and Stakeholder Partnership Plan Community engagement and stakeholder partnership activities are integrated into the different strategies and activities of this Implementation Plan. Many strategies and activities of this plan resulted from community dialogues and the National Environmental Justice Advisory Council's (NEJAC) advice and recommendations. In addition, we will coordinate our community outreach and stakeholder involvement efforts with the Office of Environmental Justice. 7 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 3.0 DELIVERABLES Goal #1: Assist other federal agencies to better integrate EJ into Agency programs, policies and activities. ACTIVITY DELIVERABLES MILESTONES Activity #1.1: Chair and convene EJ IWG Principal, Deputy, and Senior Staff meetings • Chair annual Principals/Deputies meetings. • Chair Senior Staff meetings/calls. • By the end of 2011 • Monthly Activity #1.2: Chair, assist and oversee each Agency's effort to update or develop an EJ Strategies • Oversee the finalization of each Agency's EJ Strategy. • By the end of 2011 Activity #1.3: Lead the effort to organize regional events • Hold at least one event in each EPA region, or in appropriate equivalent. • By the end of 2011 Activity #1.4: Develop and provide tools that help EJ and other stakeholders identify federal information and resources • Publish a draft Federal EJ Directory and draft Federal Resource Guide. • Review EPA's EJ IWG website • Update EPA's EJ IWG website. • By the end of 2011 • Annually • As appropriate Activity #1.5: Convene a group of senior attorneys from across the Administration in order to promote the integration of EJ into their agencies' actions • Conduct meetings on regular basis • As appropriate 8 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 Strategy 2: Work with other federal agencies to strengthen use of interagency legal tools, i.e., National Environmental Policy Act and Title VI of Civil Rights Act of 1964 ACTIVITY DELIVERABLES MILESTONES Activity #2.1: Articulate a consistent message about the need to incorporate environmental justice into NEPA implementation 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 EJ considerations. • Stakeholder outreach: Work with Regional managers. Post on web. March 31, 2011 Engage with federal agencies to identify unique or "best practices." Develop information on "best practices" for implementing EJ requirements in the NEPA process and post on the internet. September 30, 2011 • Stakeholder outreach: Work with EPA EJ experts and Regional NEPA practitioners. Share with NEJAC. Activity #2.2: Enable federal NEPA practitioners to enhance consideration and execution of EJ requirements in NEPA implementation Work with the Interagency Working Group, CEQ, federal agencies, NEJAC) to urge that all federal agencies with NEPA responsibilities have robust agency- specific guidance in place setting forth a process to meaningfully consider EJ in the NEPA EIS process. EPA will identify and disseminate examples/components of strong guidance • Stakeholder outreach: EJ IWG, CEQ, NEJAC June 30, 2011 Develop a best practices tool for regulators to analyze specific environmental impacts and identify typical community concerns for a particular sector September 31, 2011 • Stakeholder outreach: Work with affected regions, communities, Federal and state regulators 9 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 ACTIVITY DELIVERABLES MILESTONES Activity #2.3: Develop a plan of action, in consultation with DOJ, which will outline how EPA will re- evaluate the approach for analyzing Title VI complaints Convene stakeholder dialogue to discuss the re-evaluation of the approach for analyzing Title VI complaints • Stakeholder Outreach: Work with EPA, DOJ, civil rights, environmental justice, community, state agency, business and other experts June 30, 2011 Develop a comprehensive plan of action that will outline how EPA will implement this approach September 30, 2011 Activity #2.4: Collaborate with DOJ, and EPA, to develop compliance strategies and actions to address non-compliance • Stakeholder Outreach: Work with EPA and DOJ Convene EPA, DOJ, and other federal agencies stakeholder dialogue to discuss the development of compliance strategies and actions to address non-compliance • Stakeholder Outreach: Work with EPA, DOJ, and other federal agencies November 30, 2011 Goal #3: Foster Healthy and Sustainable Communities, with emphasis on place-based initiatives ACTIVITY DELIVERABLES MILESTONES Activity #3.1: Recommend ways by which the EJ IWG can enhance interagency coordination in support of healthy and sustainable communities Develop proposal to EJ IWG for how federal agencies can coordinate action to improve the health and sustainability of disproportionately burdened communities in the implementation of existing executive orders and administration priorities, in the following four areas: • Clean Jobs and Clean Energy • Healthy and Sustainable Communities • Climate Change and Adaptation • Goods Movement September 30, 2011 10 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 Strategy 4: Strengthen Community Access to Federal Agencies ACTIVITY DELIVERABLES MILESTONES Activity #4.1: Community Needs Inventory Pilot Inventory of three Region 6 EJ communities' needs and corresponding federal agencies April 30, 2011 Inventory of 27 remaining Regions EJ communities' needs and corresponding Federal Agencies By June 15,2011 Analysis of commonalities and trends By December 31, 2011 Recommendations made to Administrator to take to IWG By May 31, 2012 Activity #4.2: Targeted Training for Communities • Assessment of program cataloging results in IWG and OP efforts. • Identification of best delivery mechanisms to reach communities By September 30, 2011 Activity #4.3: Review Federal Partners Meeting Recommendations Identification of recommendations from the April 2010 Federal Partners Meeting to determine which to incorporate. By June, 2011 Activity #4.4: Coordination with Agency Community-Based Coordination Efforts Initiative Draft Options paper for EMC review By February 15, 2011 Form workgroups to implement selected actions TBD 3.1 Reports Progress reports on this Implementation Plan will be made annually. The planned deliverables and milestones for each of the activities described above are set forth in the tables. Each of the offices responsible will further refined and developed during the process of implementation. For information, please contact: Sherri White, 202-564-2462, white.sherri@epa.gov or Alice Walker, 202-529-7534, walker.alice@epa.gov. 11 ------- Plan EJ 2014: Fostering Administration-Wide Action Draft Implementation Plan, March 1, 2011 4.0 APPENDICES Acronyms CBCE - Community Based Coordination Efforts Initiative CEQ - Council on Environmental Quality DOJ - Department of Justice EJ - Environmental Justice EO - Executive Order EPA - Environmental Protection Agency IWG - Interagency Working Group NEPA - National Environmental Policy Act OECA - Office of Enforcement and Compliance Assurance OCIR - Office of Congressional and Intergovernmental Relations OCR - Office of Civil Rights OFA - Office of Federal Activities OGC - Office of General Counsel OSWER - Office of Solid Waste and Emergency Response OW - Office of Water 12 ------- |