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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.


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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.


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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.

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Plan EJ 2014: Fostering Administration-Wide Action

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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.

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Plan EJ 2014: Fostering Administration-Wide Action

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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.

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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.

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Plan EJ 2014: Fostering Administration-Wide Action

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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

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Plan EJ 2014: Fostering Administration-Wide Action

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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.

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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.

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Plan EJ 2014: Fostering Administration-Wide Action

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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

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Plan EJ 2014: Fostering Administration-Wide Action

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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



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Plan EJ 2014: Fostering Administration-Wide Action

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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

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Plan EJ 2014: Fostering Administration-Wide Action

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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.

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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

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