&EPA
Draft EJ 2020
Action Agenda
Framework
EPA's Response to
Public Comments
For Comment Period April 15,2015 through July 14,2015
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Draft EJ 2020 Action Agenda Framework-April 2015
INTRODUCTION
On April 15, 2015, EPA released the draft EJ 2020 Action Agenda (EJ 2020) framework to obtain
stakeholder input through public comment. The comment period for the draft framework
concluded on July 14, 2015. During that time, EPA received over 600 emails concerning a wide
range of important issues. This document responds to the comments that EPA received during
that public comment period. It does not respond to each comment individually, but rather it
responds to overarching comments based on the priority areas identified in the draft plan as
well as cross-cutting issues.
When finalized, EJ 2020 will be EPA's next strategic plan for advancing environmental justice
(EJ) through our programs, policies and activities, and support our cross-agency strategy on
making a visible difference in environmentally overburdened, underserved, and economically
distressed communities. EJ 2020 will set priorities and focus high-level attention on several
high-priority areas that are vital to the communities we serve. It is important to note that EJ
2020 is not a comprehensive list of all of EPA's environmental justice activities. In addition to
the priority areas for attention under EJ 2020, the agency will continue to address
environmental justice implementation in all of EPA's national programs, regional work, and
other efforts.
Engaging the public is a critical way EPA uses its limited resources to identify the issues that
matter most to communities. Through the comments, we are learning about important areas
that require our attention in EJ 2020 as well as other ongoing work at the agency. EPA reviewed
the comments and worked across our programs and regional offices to evaluate and consider
them as we develop the detailed action plan. This input helped to shape the draft EJ 2020 plan.
The public comments we received will help inform EPA's work in environmental justice in the
coming months and years.
EPA also released the public comments received on the draft framework to be transparent
about the feedback and how it will help to shape the final EJ 2020 plan. The comments are
available on the EPA website at: https://www.epa.gov/sites/production/files/2015-
12/documents/f ramework-public-comments.pdf.
We look forward to a continued dialogue with the public to ensure that EJ 2020 results in
meaningful and measurable improvements in communities throughout the nation.
Approach for Responding to Public Comments
This document uses two approaches to responding to the public comments EPA received:
1. In the first section of this document, EPA responds to overarching comments related to
the priority areas of EJ 2020. Those priority areas are:
• Rulemaking
• Permitting
• Compliance and Enforcement
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• Science
• States and Local Governments
• Federal Agencies
• Community-Based Work
• Tribes and Indigenous People
• National Measures
2. In the second section, EPA responds to cross-cutting and related issues that do not fit
into the priority areas but still will be addressed through EJ 2020, as well issues that go
beyond the scope of this strategic plan.
SECTION 1: PRIORITY AREAS
EJ 2020 is structured around implementations plans for the nine priority areas. Because
environmental justice is a cross-agency endeavor, leadership for each priority area rests across
our national programs and regional offices. In this section, we summarize the major
stakeholder comments related to these areas and EPA's responses to them.
Rulemaking
1. Commenters suggested that there are several barriers to community participation in
rulemaking and that EPA should endeavor to engage communities in every step of the
rulemaking process.
EPA has responded by identifying actions in the plan for strengthening outreach and
encouraging meaningful involvement. EPA will incorporate an appropriate level of meaningful
community involvement in the development of rules with potential environmental justice
concerns. To accomplish this, each program office responsible for writing rules will consider
opportunities and develop strategies for achieving involvement of potentially impacted minority
populations, low-income populations, and tribes and indigenous peoples as part of the process
of developing the rule. Each program office responsible for writing rules will consider steps to
increase community involvement and understanding about high-priority rules that are expected
to significantly affect overburdened communities. These efforts will be augmented by periodic
sessions that provide basic information on the rulemaking process and relevant statutes. When
conducting outreach and meaningful community involvement, EPA may use a variety of
methods, including traditional and non-traditional communication; social media, email blasts,
and website content; community town hall meetings; existing state, tribal, and local
partnerships; and Federal Advisory Committee meetings.
2. Commenters suggested that in order to ensure a more robust incorporation of environmental
justice considerations in EPA policies, they must be made a key required component from the
beginning of a rulemaking process or permitting action.
EPA has responded by developing the EJ 2020 Implementation in Rulemaking Plan to further
ensure that its rule writers appropriately consider environmental justice as they develop
regulatory actions. This plan will deepen and broaden how environmental justice is considered
in rulemaking and its associated regulatory guidance by: ensuring the availability of relevant
guidance, promoting awareness and building capabilities of EPA rule writers and analysts on
action development and analytical approaches through training, encouraging meaningful
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involvement in the development of rules by engaging impacted communities and stakeholders,
and monitoring, evaluating and strengthening how the agency is incorporating EJ into the
development of its rules. (See permitting comments below.)
3. Commenters encouraged EPA to use guidance as a tool to integrate EJ into standard operating
procedures.
EPA has committed in the plan to finalize and implement guidance by finalizing the Technical
Guidance for Assessing Environmental Justice in Regulatory Analysis (EJTG) and promoting the
use of the both the EJTG and the Guidance on Considering Environmental Justice During the
Development of Regulatory Actions (May 2015) (EJ ADP Guide) throughout EPA.
4. Commenters supported many of the recommendations made by the Science Advisory Board in
April 2015 to strengthen the EJTG and reiterated the need to provide, clear, specific options,
and examples of best practices for EJ analyses, tighten the EJTG to convey a stronger
commitment to the requirement for EJ analysis instead of erring on the side of flexibility and
to develop guidance on how to incorporate and evaluate cumulative impacts.
EPA has responded by revising the EJTG to incorporate the SAB recommendations. The revised
guidance will include an appendix of examples of EJ analyses in recently proposed or finalized
EPA regulations. The revised guidance will include more discussion about cumulative impacts
and best practices. The final guidance will be released in 2016.
Permitting
1. Commenters suggested that EPA, in collaboration with the permit applicant, should actively
listen to and learn from the community about past pollution, rather than insisting past
pollution is out of the new permit's scope.
Under both Plan EJ 2014 and EJ 2020, EPA considers whether enhanced outreach to
communities is appropriate for permits. Each EPA Region developed a Regional Implementation
Plan (RIP) to outline how they will they will decide about and conduct enhanced outreach on
permits. These efforts are being tracked. Enhanced outreach efforts include, for example,
making permits more accessible to communities for review, holding public
meetings/information sessions/hearings, and notifying the public about permits on the radio,
social media and other communication sources, and providing plain-language factsheets in
multiple languages. Under EJ2020, a framework will be developed that describes information
that can be gathered about communities to understand local concerns, and addresses what
concerns can be addressed through permits or other means. The existing environmental
conditions resulting from past pollution may be considered in some permitting contexts. For
example, in the Prevention of Significant Deterioration permitting program under the Clean Air
Act, review of a permit application typically involves consideration of existing air quality
concentrations in the affected area in order to determine whether a proposed emissions
increase resulting from construction will cause or contribute to a violation of air quality
standards.
2. Commenters suggested that EPA revise the minimum public notice requirements for Clean Air
Act and other permits, for both major and minor sources, to allow for adequate public review
and participation.
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EPA's Regional Implementation Plans for conducting enhanced outreach for EPA-issued permits
in communities with EJ concerns include the potential to extend the public comment period on
permits as well as other actions that enhance the opportunity and ability of overburdened
communities to participate in the permitting process. As discussed further below, EPA has taken
steps recently to clarify and improve the public notice provided for both major and minor source
permits under the Clean Air Act New Source Review program.
3. To give more community members a chance to learn about permits that govern facilities in
their area (including Clean Air Act Title V, Prevention of Significant Deterioration, New Source
Review, Clean Water Act, and other types of permits), EPA should require facilities and/or
state agencies to post permit applications and the proposed draft permit online on a publicly
available website at the start of the public notice period. EPA should also ensure that
notification occurs in relevant languages for the affected nearby communities.
Under EJ 2020, EPA will work with our state, tribal, and local co-regulators, as well as permit
applicants, to appropriately consider EJ in permitting. This includes best practices for enhanced
outreach such as plain-language fact sheets in appropriate languages to communities on
permits. This will build upon ongoing EPA actions to facilitate internet posting of permit
applications and proposed permits under the Clean Air Act New Source Review program. In
2012, EPA clarified in guidance that the requirement for providing public notice of minor NSR
permits is "media neutral" and thus includes electronic notice (e-notice) on a website.1 EPA
recently amplified this guidance and proposed a rule that enables internet posting of public
notices of draft PSD permits for major sources.2
4. Commenters suggested that it is a serious problem that some sources apply for and receive
minor source permits without adequate review. EPA should revise its minor source permit
rules to ensure public notice of all minor source permitting decisions.
EPA will work with our state, tribal, and local co-regulators on best practices for considering EJ in
permitting under EJ 2020, including ways to enhance public notice for minor source permitting
decisions. EPA has recently taken a step in this direction by issuing policy guidance clarifying the
requirement to provide "prominent advertisement" of a minor source permit under the Clean
Air Act New Source Review program.3
5. Commenters suggested that EPA should promote monitoring and citizen science. They noted
that EPA can help foster citizen science by providing additional guidance on how it can be
used to pursue EJ approaches, such as intervening in permitting, and by showcasing best-
practice models of effective citizen science. Commenters also noted that citizen science can
empower community members and contribute valuable data in areas where data collection
may otherwise be difficult.
1 See memorandum titled "Minor New Source Review Program Public Notice Requirements under 40 CFR §51.161 (b) (3)," dated April
17, 2012, and available at: https://www.epa.gov/sites/production/files/201B-07/documents/pubnot.pdf and page six (item number
two) in the memorandum titled "Regional Consistency for the Administrative Requirements of State Implementation Plan Submittals
and the Use of 'Letter Notices,'" dated April 6, 2011, and available at:
https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20110406_mccabe_regional_consistancy_admin_requirements.pdf.
2 80 Fed. Reg. 8123 (Dec. 29, 2015), available at: https://www.gpo.gov/fdsys/pkg/FR-201B-12-29/pdf/201B-32639.pdf.
3 See memorandum titled "Minor New Source Review Program Public Notice Requirements under 40 CFR §B1.161 (b) (3)," dated April
17, 2012, and available at: https://www.epa.gov/sites/production/files/201S-07/documents/pubnot.pdf.
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EPA is committed to citizen science and is working to develop a strong citizen science program.
EJ 2020 will describe activities to advance citizen science, and encourage leveraging of advanced
monitoring, for example, in the context of permitting.
6. Commenters asked if EPA's efforts on EJ and permitting would only impact its own internal
permitting processes.
Under Plan EJ 2014, EPA focused on considering environmental justice concerns in EPA-issued
permits. Under EJ 2020, EPA will collaborate with our state, tribal, and local co-regulators, as
well as permit applicants, to share tools, best practices and approaches.
7. Commenters suggested that public participation is one of the cornerstones of EJ and many
states have made public participation a priority for their agencies and/or implemented their
own approaches to consider EJ in permitting through policy, guidance or statutes. They noted
that some states have made significant progress in these areas and are already serving as
resources to EPA.
EPA agrees with and is supportive of this statement. For example, EPA had two calls with ECOS
where seven states presented on their efforts to address EJ in their programs including
permitting. EPA plans to continue our conversations with ECOS to collaborate on addressing EJ
concerns, not only through permitting, but through other EJ 2020 elements as well. EJ 2020
focuses on increasing our collaboration and building joint capacity with states and local co-
regulators to address EJ concerns. For example, EJ 2020 calls for EPA to work states and other
governmental partners to pursue vigorous enforcement for violations in overburdened
communities and leverage limited compliance resources by improving joint planning and
targeting of enforcement activities. EJ 2020 also calls for EPA to work with states to explore
opportunities for use of analytic tools like EJSCREEN and the Community-Focused Environmental
Risk Screening Tool (C-FERST).
8. Commenters suggested that States are supportive of EPA's commitment and efforts to
incorporate EJ into its permitting activities and appreciate EPA's intention to enable
overburdened communities to have full and meaningful access to the permitting process and
to develop permits that address EJ issues to the greatest extent practicable.
EPA appreciates receiving this comment. We look forward to working with states and local co-
regulators on this important issue.
9. Commenters suggested that permitting and enforcement criteria used by state agencies to
issue and/or enforce permits should account for existing cumulative health and
environmental burdens in the areas and safeguard against creation of EJ hotspots.
EPA is committed to ensuring that permits issued under its environmental programs protect
human health and the environment and do not create EJ hot spots. While permits are issued to
facilities individually, the existing and cumulative environmental conditions resulting from past
pollution may be considered in some permitting contexts. For example, in the Prevention of
Significant Deterioration permitting program under the Clean Air Act, review of a permit
application typically involves consideration of existing air quality concentrations in the affected
area in order to determine whether a proposed emissions increase resulting from construction
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will cause or contribute to a violation of air quality standards. This analysis is informed by a
requirement that a permit application include monitoring data.
Compliance and Enforcement
1. Commenters suggested that EPA should expand enforcement resources and direct its
resources to the most vulnerable communities with the greatest need and past and current
compliance problems.
EPA responded in EJ 2020 by crafting a strategy with specific actions for directing more EPA
enforcement resources to the most overburdened communities with the greatest need and to
address pollution and public health burdens caused by violations in those communities. For
example, EPA will initiate community-based compliance and enforcement strategies in at least
100 of the most overburdened communities over the next five years.
2. Commenters would like to see EPA enforcement staff ensure that the outcomes of cases,
including any supplemental environmental projects, provide the best available benefits and
pollution and health protections for affected local communities.
EPA has committed in EJ 2020 to achieve more settlements that benefit overburdened
communities impacted by pollution violations. These benefits can be incorporated in injunctive
relief, mitigation and supplemental environmental projects (SEPs) and EPA is specifically setting
a goal of increasing the number of SEPs affecting overburdened communities.
3. Comments were received encouraging EPA to work with state, tribal and local governments
and other co-regulators to develop robust enforcement programs in overburdened
communities and to work closely with states in the compliance and enforcement area on
opportunities to leverage limited resources through coordinated efforts in identified
communities.
EPA has responded by identifying actions in EJ 2020 for working with its co-regulators to build a
community of practice on a national level. Specifically, EPA will (a) solicit and share examples of
best state, tribal, and federal practices, standard operating procedures, trainings, tools, case
studies, and policies and guidance that advance EJ through enforcement and compliance; and
(b) facilitate joint learning by federal, tribal, and state enforcement staff on how and when to
consider overburdened communities when undertaking enforcement activities. EPA has also
committed to engage each year in joint planning and targeting with the states to pursue
compliance and enforcement activities in the nation's most overburdened areas and leverage
limited resources.
4. Commenters asked EPA to strengthen the availability of public information that community
members can consult to assess compliance.
EPA has responded by including commitments in EJ 2020 to share more information with the
public (including members of the public with limited English proficiency) on enforcement and
compliance work that affects them. EPA has also committed to empower communities with
information about pollution and violations that affect them by increasing the number of EPA
enforcement settlements negotiated each year that incorporate environmental monitors and/or
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transparency tools (e.g., web posting of data), with the goal of doubling the annual number by
the end of FY 2020.
Science
1. Commenters suggested that EPA must apply research on cumulative impacts to rulemaking as
the science of cumulative impacts evolves.
The EJ 2020 Science Implementation Plan includes research that will provide a stronger scientific
foundation for considering cumulative risks in the rulemaking process. As the science improves,
EPA will increasingly include cumulative risk considerations, where appropriate, in the
rulemaking process.
2. Commenters suggested that EPA must continue to prioritize research aimed at reducing
cumulative risks and cumulative impacts, and should recognize that actual exposures and
cumulative risks may be greater than those estimated from controlled human exposure
studies and assessments due to additive or synergistic effects as well as additional physical
and socioeconomic stressors. They noted that EPA could model its efforts on cumulative
impact assessments on CalEPA Enviroscreen.
Research on cumulative risks and cumulative impacts is a priority under EPA's EJ 2020 Science
Implementation Plan. An important focus of this research is to characterize the interactions
between chemical and non-chemical stressors (e.g., stress associated with poverty, poor access
to health care). In this way, EPA will be able to better assess the cumulative impacts and
cumulative risks associated with exposure to multiple stressors. The agency acknowledges the
excellent screening tool developed by CalEPA as an important resource for certain cumulative
assessment applications.
3. Commenters suggested that EPA should state its intention to coordinate with states in setting
research priorities, developing tools, and providing training on various tools. EPA should
develop community-level datasets like asthma and low birth weights, and should strengthen
the Toxics Release Inventory.
EPA agrees that it is important to coordinate with the states on the research priorities, tools
development and training. The Science Implementation Plan identifies the states and other
entities as key partners on EJ-related science activities.
4. Commenters suggested that EPA encourages community-based participatory research and
citizen science but has not provided a clear path for consideration of citizen-gathered data.
EPA should create a policy on the use of citizen science.
EPA agrees that there is a need for further guidance related to the use of citizen-gathered data
and local knowledge/expertise. Guidance on some of these topics is already available (e.g., see
http://www3.epa.gov/citizenscience/index.html). and consideration will be given to providing
additional information in this regard in the future.
5. Commenters suggested that community air monitoring must play an important role in
creating strong air quality monitoring networks for low-income communities and communities
of color.
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EPA recognizes the value of air monitoring for these and other communities interested in the
quality of the air that citizens breathe. In response to this need, the agency has implemented
and is planning a number of activities. This includes, for example, the development of an online
air sensor toolbox to provide information on sensor technologies to communities, training
community-based groups on technologies for local air monitoring, and awarding research grants
for universities, states and local agencies to partner with communities to measure and evaluate
local air quality concerns using new technologies.
6. Commenters suggested that EPA should collaborate with research agencies, academia, state
partners and other organizations to obtain targeted research data and provide technical
assistance and training to people in communities to support citizen science efforts.
The agency agrees that it is important to actively engage a wide range of other partners in
collaborative and information sharing activities. This is already occurring with a variety of
federal partners, states (including ECOS), universities and others - and more is anticipated over
the coming years.
States and Local Governments
1. Commenters suggested that there should be some environmental justice requirements for
states when using EPA monies or implementing EPA regulated activities. Many felt that EPA
programs administered by other governments should be required to follow the same EJ
principles that EPA would follow if EPA were to administer the program through direct
implementation.
There are a range of approaches available to EPA to work with states and local governments to
address EJ. Our strategy is designed to make progress in phases, working first to assess needs
and build capacity within EPA and among our state and local co-regulator partners, and then
moving towards establishing expectations and accountability through joint planning and other
mechanisms, including grants.
Title VI of the Civil Rights Act of 1964 and EPA's implementing rules do place nondiscrimination
requirements on recipients of EPA funding (including funding to implement delegated or
authorized programs) - see Section 2 for discussion of the actions EPA is taking in that regard.
2. Commenters suggested developing EJ guidance for state and local recipients of EPA funds, for
a variety of activities including permitting and Title VI.
EPA is addressing Title VI in the Office of Civil Rights' External Compliance and Complaints
Program Strategic Plan for FY 2015 - 2020. Please see the response on Title VI in Section 2 on
cross-cutting issues.
3. Commenters recommended adapting existing EPA guidance for states or considering
exercising its oversight authority to require EJ standards in state-delegated permitting or
enforcement actions, as states make a majority of these decisions.
For permits or enforcement actions not issued by EPA, the agency will collaborate with our
state, tribal, and local co-regulators, as well as communities and permit applicants, to share and
promote the use of tools, best practices, and approaches. Ultimately, EPA and the states will
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jointly develop a set of expectations for implementation of EJ in delegated or authorized
programs.
4. Commenters recommended mandatory training for state agency staff and leaders on
environmental justice, ranging from basic training to in-depth topics.
Strategy 2 in the States and Local Government chapter of EJ 2020 focuses directly on building
capacity to address EJ concerns through actions such as training, peer-to-peer learning, and
identifying and promoting best practices, tools, approaches and resources.
5. Commenters expressed that reporting requirements might lead to expectations that states
report back to EPA on certain aspects of work which could be burdensome on state programs.
EPA will work jointly with states to develop expectations and measures to demonstrate and
report progress. By engaging with states in the design of these mechanisms, our intent is to
create a streamlined process that minimizes the burden on EPA and the states while providing a
meaningful assessment of progress.
Federal Agencies
1. Commenters would like EJ 2020 to address strengthening implementation of environmental
justice in NEPA as it relates to Environmental Impact Statements (EIS) that support permitting
for land use, zoning, and site construction of government and industrial facilities that
distribute and/or emit air/water/soil pollutants.
To the extent that NEPA applies to these types of projects, EJ 2020 advances consideration of
environmental justice through application of Promising Practices on Environmental Justice
Methodologies in NEPA Reviews (Promising Practices). This document was produced by the
NEPA Committee of the Federal Interagency Working Group on Environmental Justice and seeks
to improve effective, efficient, and consistent consideration of environmental justice in the
NEPA process. EPA is also conducting training on Promising Practices for EPA reviewers of EIS
documents and with federal departments and agencies who prepare EIS documents. EPA is
developing a measure to ensure that environmental justice issues are adequately considered
during EPA's reviews of Environmental Impact Statements pursuant to Section 309 of the Clean
Air Act.
2. Commenters would like to see EPA adopt standards that will benefit all communities near
freight facilities and include in the EJ 2020 Framework a timeline and interagency
appropriations for implementation and enforcement of the EPA NEJAC Goods Movement
Recommendations (2009). Commenters are also requesting EPA elevate port and goods
movement issues as a national priority.
The agency recognizes the difficult challenges facing communities located in and around areas
of dense goods movement activities and is committed to addressing those challenges, including
those with an environmental justice perspective. There are several EPA actions that are relevant
to recommendations made in the NEJAC's Goods Movement report. EPA announced a Ports
Initiative in 2014, a voluntary ports program focusing on air pollution found in and around ports.
The Initiative includes a number of projects designed to support ports, communities and other
stakeholders with identifying opportunities and finding solutions to create healthy air quality in
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communities and reduce climate risk. EJ 2020 includes a strategy to identify and address
potential adverse impacts from the commercial distribution of freight (goods movement) and
related infrastructure (e.g., ports, rail yards, distribution centers) by developing and
implementing assessment and engagement tools and programs that promote emissions
reductions, better planning and sustainable development practices, and enhance the health
safety, quality of life, and meaningful engagement of affected communities.
3. Commenters suggested creating a mechanism by which EPA and other agencies in the federal
family track/document - on an annual basis - how they have taken steps to integrate EJ into
their practices, as well as monies that have been used to provide staff, assistance, etc., by
program.
The EJ IWG's Memorandum of Understanding directs agencies by the February 11 anniversary of
Executive Order 12898 to provide a concise report on progress during the previous fiscal year in
carrying out the agency's Environmental Justice Strategy and Executive Order 12898. This
"Annual Implementation Progress Report" will include performance measures as deemed
appropriate by the agency, which will post its Annual Implementation Progress Report on its
public webpage. EPA will provide the link to the progress reports on the EJ IWG webpage.
4. Commenters suggested that in addition to EPA, other federal agencies are critical to
developing the most effective approaches to directing resources to communities in need and
implementing the Executive Order.
EPA responded in EJ 2020 by crafting a strategy with specific actions strengthening collaboration
and coordination on environmental justice issues among all federal agencies. All federal
agencies play a critical role in ensuring we make a visible difference in communities
overburdened with environmental and economic distress. For example, EPA will address key
environmental justice challenges in collaboration with governmental partners through the
implementation of the Federal Interagency Working Group on Environmental Justice (EJ IWG) FY
2016-2018 Framework for Collaboration.
5. Commenters would like to see federal agencies create a single resource for communities and
hold "solutions workshops" to learn about all available funding and technical assistance
opportunities.
EPA has committed in EJ 2020 to foster the capacity of the agency and our sister federal
agencies to meaningfully address environmental justice concerns through the use and continued
development of environmental justice data tools and resources. For example, EPA will develop
and update annually a guide to EPA resources available to communities (e.g., financial,
educational, informational, technical, etc.), and also develop and update annually, through the
EJ IWG a guide to resources available from other Federal agencies.
Community-Based Work
1. Commenters suggested that EPA should consider holistic approaches to community
revitalization during agency cleanup projects by implementing programs that address job
training, green infrastructure, land use planning and other issues that are important to local
stakeholders.
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EPA will strengthen the use of best practices collected from past and present community-based
programs to connect community based efforts with technical assistance, job training, leveraging
resources and other issues important to stakeholders.
2. Comments suggested that EPA should act as a facilitator to connect overburdened
communities with private sector, nonprofit, governmental and other partners that can assist
by addressing issues outside the purview of the agency.
EPA will act as a convener, and where appropriate, the community-based initiative will support
community revitalization in America's economically distressed cities and neighborhoods by
partnering with federal agencies, states, and other entities that support sustainable economic
development approaches.
3. Commenters suggested that EPA should direct resources to the most overburdened
communities and that criteria for selecting projects in those communities should be based on
the principles of environmental justice.
EPA will work with the other federal agencies to develop criteria that address the most
vulnerable communities' challenges by developing environmental justice criteria in the scoring
scheme for federal agencies' grants and cooperative agreements. This action will ensure that all
communities will be considered in the process of project identification using EJSCREEN, which
helps to pinpoint areas for additional outreach and technical assistance support.
4. Commenters suggested that EPA should address climate change by supporting the
development of community resilience in underserved areas impacted or potentially
threatened by environmental issues and natural disasters resulting from global warming.
EPA will address climate change considerations by ensuring that underserved communities
benefit from energy efficiency and green infrastructure initiatives, training, etc. Plan EJ 2020's
climate justice work is linked to EPA efforts on building sustainable and resilient communities,
reducing pollution, improving energy and water efficiency, conducting decision-relevant
research to support communities, and tools and technical assistance through partnerships with
the federal, state, tribal and local governments.
5. Commenters suggested that EPA should better support the capacity of communities to assess
and address local public health and environmental concerns through training, technical
assistance, resources, and tool development.
EPA will promote the use and continued development of analytical and data tools that enable
and encourage our governmental partners and community members to consider and address
environmental justice and local public health issues.
6. Commenters suggested that EPA should include timeliness of investigations of citizen
complaints and requests for assistance.
In EJ 2020, EPA will strengthen its procedures and practices associated with citizen tips and
complaints and will elevate matters of critical public health concern. EPA will develop and
distribute outreach on these tools so that communities know that they exist and understand
how to use them.
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Tribes and Indigenous People
1. Commenters suggested that EPA should encourage greater public participation in federal
environmental programs administered by States and Tribes.
The 2014 issuance of the EPA Policy on Environmental Justice for Working with Federally
Recognized Tribes and Indigenous Peoples identifies in its principles that stronger collaboration
between tribal, state and local governments is an area that EPA will work on as part of its
implementation of this Policy. Where EPA is administering the environmental program in Indian
country we work with tribal governments to promote participation of tribal members and others
living in Indian country in the governmental decision-making processes. EPA's environmental
statutes and regulations all have provisions that require public participation and therefore states
and tribes that are authorized to run federal environmental regulatory programs follow
procedures that provide for effective public participation.
2. Commenters suggested that it is important, in light of the federal government's trust
responsibility to Native American Tribes, that state programs incorporate the principles of the
2014 EPA Policy on EJ for Working with Federally Recognized Tribes and Indigenous Peoples
when administering a federal statute with a program approved by EPA.
We recognize that steps by states to addressing environmental justice in their EPA-approved
programs may benefit overburdened tribal populations. EPA, through its committed
implementation of the EPA Policy on Environmental Justice for Working with Federally
Recognized Tribes and Indigenous Peoples and work through the Federal Interagency Working
Group on Environmental Justice, is continuing to work with states and other federal agencies to
collaborate on environmental justice approaches that lead to effective ways to implement EJ
principles and address EJ concerns.
3. Commenters suggested that EPA must engage with non-Federally Recognized Tribes and
Indigenous Peoples.
EPA's Policy on Environmental Justice for Working with Federally Recognized Tribes and
Indigenous Peoples (2014), which is a central effort addressed under the EJ 2020 Action Agenda,
does recognize and gives attention to the need for EPA to be responsive to the environmental
and public health concerns of indigenous peoples. For purposes of the Policy, the term
"indigenous peoples" is defined to include state recognized tribes; indigenous and tribal
community-based organizations; individual members of state-recognized tribes; Native
Hawaiians; Native Pacific Islanders, and individual Native Americans. While the EPA Policy on
Consultation and Coordination with Indian Tribes is focused on our government-to-government
relationship with federally recognized tribes, it also recognizes the need to be responsive to the
environmental justice concerns of non-federally recognized tribes, individual tribal members,
tribal community-based/grassroots organizations and other indigenous stakeholders.
4. Commenters suggested that EPA should ensure that agency regional efforts commit to
outreach, education, and communication to better understand the needs of native and tribal
communities which may face non-traditional EPA environmental justice issues.
EPA strives to improve and deepen connections and partnerships with communities around the
country in all of our work to make a visible difference in communities. EJ 2020 outlines actions
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to address its role and commitment to more outreach to and engagement with indigenous
peoples to identify their concerns, and to be responsive to the concerns. EPA's Policy on
Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples
(2014) identifies principles that the agency has committed to implement that also speaks to
these concerns.
National Measures
1. Commenters suggested that achieving the best possible on-the-ground results in
overburdened communities should be the unifying/cross-cutting goal for EJ 2020.
By 2020, EPA will make a more visible difference in overburdened communities by working
toward on-the-ground results. We will make measureable progress on environmental outcomes
in four areas with significant environmental justice challenges nationally. We will enhance the
agency's work in supporting environmental and public health improvements in thousands of
communities throughout the United States by institutionalizing environmental justice and
community practice as a routine part of our core programmatic and regulatory work, as well as
our technical and other assistance.
2. Commenters suggested that EPA needs to set metrics that lead to measureable outcomes,
target resources to overburdened communities, and reduce the disproportionate exposures.
EPA agrees that progress on environmental justice must focus on environmental and health
outcomes and reducing disparities. Each element of EJ 2020 includes specific measures through
which we will track our progress.
By 2020, EPA will demonstrate progress on four critical national environmental justice
challenges with the goal of eliminating blood lead level disparities among children, ensuring safe
drinking water for small and tribal communities, increasing protection from fine particle air
pollution for vulnerable populations, and reducing human exposure to contaminants at
hazardous waste sites. The agency also is reviewing public comments and conducting additional
analyses to identify both opportunities for improving the existing measures and for developing
additional meaningful measures of progress on a national scale. To ensure the agency's
approach continues to respond effectively to public concerns, EPA will collaborate over the next
several years with local, state, tribal governments, other federal agencies, and EJ stakeholders
to improve existing measures and develop additional meaningful national measures.
By applying national environmental measures through an environmental justice lens, we can
bolster our efforts to improve the air, water, and land in the nation's most overburdened
communities.
3. Commenters provided essential issues that matter to communities. These include: pollution
reduction; health; enforcement; cleanup of contaminated properties; expanding access to
nature; products, chemicals and pesticides; development of metrics, addressing cumulative
burden; working for multiple benefits; updating methods to match new science, and
continuous improvement in community engagement.
EPA will consider these topics as we develop and implement EJ 2020, which is designed to
deepen environmental justice practice within EPA's programs and expand our partnerships
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outside of the agency. A number of these topics are addressed by EJ 2020 and discussed in this
response to public comments.
4. Commenters thought metrics should be developed in collaboration with EJ stakeholders and
other partners to ensure that their priorities are represented. They noted that public
involvement early and often in this process will be important.
In response to public comments, each element of EJ 2020 includes specific measures through
which we will track our progress. In addition, EPA has developed national outcome measures,
based on available data and demographic analyses, which support the four critical national EJ
challenges (children's blood lead levels, drinking water, air quality, and hazardous waste sites).
To ensure the agency's approach continues to respond effectively to public concerns, EPA will
collaborate over the next several years with local, state, tribal governments, other federal
agencies and EJ stakeholders to improve existing measures and develop additional meaningful
national measures. EPA is planning multiple events during the EJ 2020 timeframe to obtain
stakeholder input, including headquarters and regional outreach sessions, Tribal Consultation,
and other engagement.
5. Commenters suggested that EPA should leverage the report Pathways to Environmental
Justice: Achieving a Framework for Evaluation based on a symposium co-sponsored by EPA, as
a foundational tool to help stakeholders develop indicators of success and measure outcomes
in a rigorous way.
EPA has reviewed the report and agrees that it offers a solid foundation to guide our continued
efforts to measure progress in achieving our environmental justice goals.
6. Commenters suggested that EPA should demonstrate progress through use of social network
analysis metrics that reveal the extent to which social ties influence health and environmental
disparities including the number of connections and types of partnerships established that can
indicate the trajectory of success in attaining outcomes and eventual impact.
EPA strives to improve and deepen connections and partnerships with communities around the
country in all of our work to make a visible difference in communities. EPA agrees with the
commenters that building these relationships improves the likelihood of success of community
projects and relevant environmental health outcomes.
7. Commenters suggested that the actual reduction of the pollution load borne by overburdened
communities should be a primary community outcome of EJ 2020. Evidence of a visible
difference should be measurably reduced pollution and associated illness.
To provide evidence of a visible, measureable reduction in pollution, EPA has developed
national outcome measures, based on available data and demographic analyses, which support
the four critical national EJ challenges (children's blood lead levels, drinking water, air quality,
and hazardous waste sites).
EPA agrees that reducing pollution exposures borne by overburdened communities is the goal,
and our national EJ challenges and associated outcome measures reflect that. By 2020, EPA will
build a stronger scientific basis for action on environmental justice and cumulative impacts. We
will achieve this by developing and using assessment, screening and decision tools that look at
communities holistically, and drive action when possible. These tools include: EJSCREEN,
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Community-Focused Environmental Risk Screening Tool (C-FERST)/Tribal-Focused Environmental
Risk and Sustainability Tool (T-FERST), Next Generation advanced environmental monitoring
tools, port emissions and near roadway impacts characterization tools, Health Impact
Assessment (HIA) and analytical methodologies for considering EJ during National
Environmental Policy Act (NEPA) reviews. In addition, EPA research will contribute to the
development of cumulative risk assessment for regulatory decision-making. Through our
Environmental Justice Research Roadmap, we will help to lay a foundation for better
understanding the interrelationships between social determinants of health, other non-chemical
stressors, and chemical agents.
8. Commenters suggested that EPA should (1) develop an expansive list of all known hot spot
areas which have EJ concerns, (2) target its resources and authorities to address hot spots, and
(3) regularly audit and publish reports on all actions taken to provide relief in hot spot
communities.
EPA is committed to ensuring that its programs to protect human health and the environment
address EJ hot spots.
EPA will use EJSCREEN, the agency's environmental justice mapping and screening tool, to help
advance EJ 2020's priority areas. In order to better focus agency attention on vulnerable areas
and measure the impact of our work, we will determine how best to use the tool to screen for
places that are the most overburdened. We currently use EJSCREEN as a starting point when
considering environmental justice for a variety of applications, including outreach, enforcement
targeting, and policies and activities that affect communities. To better focus agency attention
on vulnerable areas and measure the impact of our work, we will determine how best to use the
tool to screen for places that are the most overburdened. We will also consider community
concerns and other sources of information in this process.
In addition to progress on the national EJ measures, by 2020, EPA will institutionalize a robust
system for routinely analyzing, considering and addressing environmental justice issues in all
appropriate EPA rulemaking, permitting and enforcement actions. We will reinforce and refine
integration of environmental justice in EPA's rulemaking actions through implementation of
guidance, meaningful community involvement, and continuous learning, including a rigorous
evaluation of EJ analyses for rulemaking efforts every three years. EPA will systematically
consider environmental justice issues in all appropriate EPA-issued permits, accompanied by
enhanced outreach for priority permits and analyses of potential local impacts. In addition, EPA
will continue to develop approaches to target compliance and enforcement resources to make a
bigger difference in the most overburdened communities.
SECTION 2: CROSS-CUTTING & RELATED ISSUES
1. There were a multitude of comments related to Title VI of the Civil Rights Act of 1964 ("Title
VI"). Many of these comments expressed concerns about the lack of progress on Title VI issues
and provided recommendations for how to strengthen the program. These comments urged
EPA to produce guidance to the many state and local 'recipient' agencies funded by EPA on
how to fulfill their obligations under Title VI. Further, commenters requested that EPA
develop a strategy and workplan to address the backlog of Title VI complaints. A number of
commenters pointed out that there is a clear relationship between the agency's
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environmental justice work and Title VI, and that this connection should be referenced and
included in the EJ 2020 action plan.
In carrying out our responsibilities under Title VI, 42 U.S.C. 2000d, EPA works to ensure that no
person is excluded from participation in, denied the benefits of, or subjected to discrimination
on the basis of race, color or national origin (including limited proficiency in English) in the
administration of any program or activity receiving federal funding from EPA. EPA's Office of
Civil Rights (OCR) is charged with overseeing the implementation of these important legal
obligations, and has laid out its plan to execute those responsibilities in OCR's External
Compliance and Complaints Program Strategic Plan for FY 2015-2020.
In the context of environmental justice, EPA seeks the fair treatment and meaningful
involvement of all people with respect to the implementation of environmental programs,
regardless of their race, income, or other factors; EJ 2020 is designed to strengthen EPA's efforts
to address challenges faced by overburdened communities, in coordination with state, tribal,
and federal partners. Enforcement of the federal nondiscrimination laws, including Title VI, is an
important complement to the EJ program; they provide a legal right of action for situations in
which recipients of EPA financial assistance for environmental programs and activities
discriminate against persons based on their race, color, national origin, sex, disability and age.
Where possible, EPA seeks to address the concerns of the affected communities outside of the
civil rights enforcement process as an important component of the agency's efforts to make a
prompt and visible difference in communities. However, where potential Title VI claims exist,
EPA's OCR will promptly, effectively and efficiently address those claims. OCR is strengthening
its external compliance program through the implementation of the Strategic Plan mentioned
above. This plan promotes mission-critical program accountability through measurable goals
that will: (1) ensure prompt, effective, and efficient complaint docket management; (2) enhance
OCR's external compliance program through proactive compliance reviews, strategic policy
development, and engagement of critical EPA, federal and external partners and stakeholders
(e.g., recipients and communities); and, (3) strengthen OCR's workforce through strategic
human capital planning, organizational development and technology and training to promote a
high-performing organization.
The important role of federal civil rights laws is recognized within EJ 2020. EPA's civil rights and
EJ programs can be strengthened through a sharing of knowledge and past experiences in
identifying and responding to community concerns. The agency will look for opportunities to
share lessons learned and will coordinate EJ and civil rights efforts to ensure that a
comprehensive set of tools are available to affected communities.
2. Commenters suggested that EPA needs to expand the functionality and data available in
EJSCREEN, as well as provide additional guidance about its use especially when looking at
cumulative impacts and exposure.
EPA will use EJSCREEN to help advance EJ 2020's priority areas. The tool will play a significant
role in the EJ 2020 priorities related to enforcement, permitting, state engagement,
collaboration with federal agencies, science, community-based work, and measures
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development work. In order to better focus agency attention on vulnerable areas and measure
the impact of our work, we will determine how best to use the tool to screen for places that are
the most overburdened. To support these activities, EPA will focus efforts on sharing information
about EJSCREEN and its application, providing training to stakeholders, and developing
collaborative uses of the tool with States and other partners. The agency will also improve EPA
staffs knowledge of the tool and to further integrate the use of EJSCREEN into our programs.
EPA currently uses EJSCREEN as a starting point when considering environmental justice for a
variety of applications, including outreach, enforcement targeting, and policies and activities
that affect communities. EPA has shared this tool with partners and the public to be more
transparent about how we consider EJ in our work, to assist our stakeholders in making
informed decisions about pursuing environmental justice, and to create a common starting
point for dialogue about EJ between the agency, our partners and the public.
3. Commenters suggested that climate change, climate adaptation and promoting greenhouse
gas reductions co-benefits should be an important focus of the EJ 2020 Action Agenda.
EPA's extensive and ongoing efforts to address climate change include an important focus on
climate justice, the intersection between climate change and environmental justice. EJ 2020's
climate justice work is linked to EPA efforts on building sustainable and resilient communities,
reducing pollution, improving energy and water efficiency, conducting decision-relevant
research to support communities, and tools and technical assistance through partnerships with
federal, state, tribal and local governments. This work will include an emphasis on important
issues such as helping underserved communities benefit from energy efficiency and green
infrastructure initiatives, training the next generation of young climate justice leaders, and
applying EJSCREEN and other agency efforts and tools that impact communities, as well as other
key climate justice areas.
4. Commenters suggested that EPA needs to provide multiple avenues for overburdened
communities and other stakeholders to meaningfully, effectively, and transparently
participate in aspects of EJ 2020, as well as other agency processes, that impact them.
Strengthening our collaborations with communities, our governmental partners, and all other
interested stakeholders is essential to achieving meaningful outcomes for overburdened
communities. Stakeholder engagement is an integral part of all areas of EJ 2020. Examples
include community involvement in EPA rulemaking and permitting processes, community-based
participatory research and citizen science, and the development of measures that are
meaningful to communities.
5. Commenters suggested that EPA utilize multiple Federal Advisory Committees to better
obtain outside environmental justice perspectives for agency's work.
EPA has been working to integrate environmental justice into the work of all of its federal
advisory committees. In addition to the National Environmental Justice Advisory Council, whose
mandate is to provide advice to the Administrator on environmental justice issues, many, such
as the Local Government Committee, have established formal subcommittees or workgroups
that focus explicitly on environmental justice. Other FACAs have appointed persons with EJ
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experience and expertise to serve as members and focus on issues through an environmental
justice lens.
6. Commenters suggested that there is a need to provide environmental justice and area-specific
training to EPA staff, state and local government partners, and stakeholders working with the
agency.
Through EJ 2020, EPA will bolster its environmental justice training efforts set forth in Plan EJ
2014 for EPA staff and significantly expand these endeavors with co-regulators and stakeholders
outside of the EPA . Environmental justice 101 will continue to be a mandatory training for all
employees. Through EJ 2020, EPA will ensure that the staff involved have the appropriate
training and tools to understand the role of environmental justice in the development of rules
and with permitting activities. EPA will also provide National Environmental Policy Act (NEPA)
training to review staff and environmental justice coordinators, as well as offer NEPA training to
other federal agencies. We will also solicit and share examples of best state and federal
practices, trainings and tools that advance EJ through enforcement and compliance, and work
with state, tribal, and local co-regulators to identify and offer trainings to build joint capacity to
take action on EJ concerns. By 2020, EPA will provide internal and external outreach and training
on community-based decision support tools, increase training for communities on EPA grants
and technical assistance programs, and will develop training on EJ tools (e.g., citizens' concerns
reporting systems). We will also identify, develop and offer training to all federally recognized
tribes and identified indigenous organizations in an effort to increase their participation and
input into EPA's work.
7. Commenters suggested that there is a need to address air quality issues in overburdened
communities with stronger air monitoring, standards, and enforcement and with a focus on
mobile source air pollution.
EPA appreciates the comments about the importance of air quality issues in the lives of
overburdened communities. There are many ways in which EJ 2020 will address such air quality
issues. Integration of environmental justice into the EPA's rulemaking, permitting and
enforcement processes will help to address air quality issues of concern to overburdened
communities. In our work with states, tribes, and local government, we will identify
opportunities to jointly take efforts to address these air quality issues. EPA will develop
innovative approaches to manage air pollution, including assessment and community
engagement tools for commercial distribution of freight (goods movement) and related
infrastructure. Lastly, in areas that are not meeting the national ambient air quality standards
for pollutants such as fine particulates, ozone, and sulfur dioxide, including areas with
overburdened communities, EPA will work with states and local governments (and tribes that
choose to do so) as they prepare and implement plans to achieve those air pollution standards
by the appropriate statutory attainment dates. These are important steps and EPA seeks further
dialogue with communities, governmental partners and stakeholders about ways to enhance
them.
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8. Commenters suggested that EJ 2020 should consider financial capability and affordability
challenges as they relate to water utilities, especially for economically distressed
communities.
EPA is aware of the strong interest and ongoing efforts among some water utilities to address
financial and operational issues, especially for economically challenged communities, and other
issues relevant to environmental justice. We will work with interested water utility and
community partners on these endeavors, particularly in efforts that seek to provide high-quality
service while implementing green infrastructure and promote community revitalization.
Through EJ 2020 and other efforts, EPA seeks to address clean water, including infrastructure
and affordability challenges, as an important way to strengthen community-based partnerships
that make a more visible difference in overburdened communities.
9. Commenters suggested that EPA should identify additional mobile source regulatory
measures to protect overburdened communities.
EPA recognizes that air quality issues remain of concern to overburdened communities. EPA has
recently instituted requirements for states to monitor pollution levels near heavily traveled
roads in major urban areas to provide greater information to the public, states and EPA about
ambient levels of pollution in these areas. In addition, EPA regulates emissions from new motor
vehicles and engines, and the fuels used to operate them, and by encouraging travel choices
that minimize emissions. "Mobile sources" include cars and light trucks, heavy trucks and buses,
non-road engines, equipment, and vehicles. The Office of Air and Radiation's Office of
Transportation and Air Quality (OTAQ) is addressing mobile source air pollution through a
variety of approaches, which include incentives, voluntary programs and national environmental
standards. EPA has adopted stringent standards for new diesel heavy duty engines used in
trucks, ships, and locomotives, as well as for new light duty passenger cars and trucks, which will
reduce emissions by up to 90% as vehicles are replaced. Also, through the Near-port
Community Capacity Building Project, OTAQ is collaboratively developing tools to support
effective stakeholder engagement. These tools equip overburdened communities to engage
with the port industry sector in decision-making about environmental, health, and other
community-driven concerns associated with port-related activities. In combination with other
components of OTAQ's overall Ports Initiative, these capacity building tools facilitate
sustainability at ports and environmental improvement in nearby communities.
10. Commenters suggested that EPA should better consider selected at-risk populations in this
and other environmental justice efforts. The populations identified for inclusion were
prisoners, farmworkers, and persons with limited English proficiency.
EPA is working to address the analytical challenges of addressing the needs and concerns of
underrepresented populations. Through EJSCREEN and other agency tools, EPA has made great
strides in considering prison and limit English proficiency populations. However, data limitations
still exist regarding the amount of real-time information available on transient, temporarily
relocated, and displaced populations. Moving forward, the agency will continue to work on
these challenges and ensure the fullest consideration of all populations in our policies and
programs.
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