Memorandum of Understanding
on Collaborative Efforts on Enforcement and Compliance Assurance in Overburdened

Communities between the

United States Environmental Protection Agency Region 9

and the

California Environmental Protection Agency



CalEPA

California Environmental
Protection Agency

September 10, 2021


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Memorandum of Understanding
on Collaborative Efforts on Enforcement and Compliance Assurance in Overburdened

Communities between the

U.S. Environmental Protection Agency Region 9

and the

California Environmental Protection Agency

I.	Purpose

The purpose of this Memorandum of Understanding (MOU) between the U.S. Environmental
Protection Agency Region 9 (U.S. EPA Region 9) and the California Environmental Protection
Agency (CalEPA) is to enhance collaboration on enforcement and compliance assurance in
overburdened communities.

The mission of U.S. EPA is to protect human health and the environment, and U.S. EPA Region
9 is responsible for implementation and oversight of U.S. EPA programs in Arizona, California,
Nevada, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and
over 140 federally recognized tribes in the Pacific Southwest. The mission of CalEPA is to
restore, protect and enhance the environment and to ensure public health, environmental quality,
and economic vitality in California. CalEPA is charged with ensuring consistent, effective, and
coordinated enforcement of environmental laws by its Boards and Departments, which include
the California Air Resources Board, the Department of Pesticide Regulation, the Department of
Resources Recycling and Recovery, the Department of Toxic Substances Control, and the State
Water Resources Control Board and Regional Water Quality Control Boards. U.S. EPA Region
9 and CalEPA share the goal of promoting environmental justice and enhancing enforcement and
compliance assurance in and affecting overburdened communities. To do this, we will strive to
improve transparency and communication among federal, state, and local agencies to be more
accountable and responsive to compliance concerns in overburdened communities. We intend to
use data to identify overburdened communities and the environmental and climate harms that
affect them, and to prioritize our enforcement and compliance work accordingly.

This MOU describes our partnership and expands our collaborative activities related to
enforcement, inspections, compliance assistance, communication, community engagement, and
training to benefit public health and the environment in overburdened communities. We intend
to carry out these activities and to engage community members in our efforts towards achieving
our shared goals of reducing pollution burdens, increasing environmental compliance, and
improving public health outcomes in overburdened communities.

II.	Activities

Together, U.S. EPA Region 9 and CalEPA (collectively called the "Parties") intend to
collaborate on the following activities:

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A. Strategic Targeting of Inspections

U.S. EPA Region 9 and CalEPA's Boards and Departments currently conduct inspections under
numerous environmental statutes in overburdened communities. The Parties intend to increase
our existing collaborations for the purpose of reducing pollution burdens, increasing
environmental compliance, and improving public health outcomes in these communities. In
furtherance of this objective, we intend to pursue strategies such as: increasing joint inspections
in these communities; sharing or jointly developing new data sources, metrics for determining
pollution burdens and vulnerability, and targeting techniques; and collaborating on staff training.

B.	Enforcement Actions

U.S. EPA Region 9 and CalEPA's Boards and Departments currently conduct enforcement
actions under numerous environmental statutes in overburdened communities. The Parties
intend to increase our existing collaborations for the purpose of reducing pollution burdens,
increasing environmental compliance, and improving public health outcomes in these
communities. In furtherance of this objective, we intend to pursue strategies such as increasing
coordination of enforcement responses, including joint judicial enforcement actions in these
communities where appropriate and collaboration on staff training.

C.	Community Engagement

The Parties intend to expand engagement with overburdened communities to empower these
communities and to ensure that our targeting of enforcement resources, development of
enforcement responses and remedies, and compliance-related activities are fully informed by the
knowledge and lived experience of these communities. In furtherance of this objective, we
intend to pursue strategies, such as: increasing transparency to the public at large and affected
communities in particular of the Parties' targeting and other enforcement strategies and actions;
using complaint data or other community input to prioritize the Parties' enforcement and
compliance work; training for staff; and training for community members in, for example,
community science and home monitor placement.

III.	Program Planning and Evaluation

The Parties intend to collaborate on an annual workplan for strategies and activities conducted
pursuant to this MOU and an annual accomplishment report to highlight collective achievements
realized under this MOU, including to the extent feasible metrics to track and report progress.

IV.	Authorities

U.S.EPA Region 9's participation in this MOU is authorized by Sections 104(a) and (b) of the
Clean Water Act, 33 U.S.C. 1254(a) and (b); Sections 103(a) and (g) of the Clean Air Act, 42
U.S.C. 7403(a) and (g); Section 305(a) of the Toxic Substances Control Act, 14 U.S.C. 2665(a);

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Section 104(k)(6) of the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. 9604(k)(6); Section 8001(a) of the Solid Waste Disposal Act, 42 U.S.C. 6981(a);
Section 203(a) of the Marine Protection, Research and Sanctuaries Act, 33 U.S.C. 1443(a);
Section 1442(a) of the Safe Drinking Water Act, 42 U.S.C. 300j-l; Section 102(2)(G) of the
National Environmental Policy Act, 42 U.S.C. 4332(2)(G); and Sections 6604(b)(5) and (b)(13)
of the Pollution Prevention Act, 42 U.S.C. 13103(b)(5) and (13).

CalEPA's participation in this MOU is authorized by California Government Code Section
12812.2 and Public Resources Code Section 71110.

V. Limitations

This MOU is a voluntary agreement that expresses the good-faith intentions of U.S. EPA Region
9 and CalEPA. It is not intended to be legally binding, does not create any contractual
obligations, and is not enforceable by any party.

All activities undertaken pursuant to this MOU are subject to the availability of appropriated
funds, personnel and other resources of each party. Nothing in this MOU obligates either party
to expend appropriations or to enter into any contract, assistance agreement, interagency
agreement, or to incur other financial obligations that would be inconsistent with its budget
priorities. All costs that may arise from activities covered by, mentioned in, or pursuant to this
MOU will be assumed by the party that incurs them, unless otherwise expressly agreed in a
future written arrangement in accordance with applicable laws. Except as provided in a separate
written agreement between the parties, each party agrees not to submit a claim for compensation
for services rendered to the other in connection with any activities it carries out in furtherance of
this MOU. This MOU does not exempt CalEPA from U.S. EPA policies governing competition
for assistance agreements. Any transaction involving reimbursement or contribution of funds
between the parties to this MOU will be handled in accordance with applicable laws, regulations,
and procedures under separate written agreements.

Nothing in this MOU constitutes an endorsement by any party of the activities, products, or
services of any party to this agreement, or any other party. The U.S. EPA and CalEPA seal,
displayed on the cover page of this MOU, may only be used for official U.S. EPA Region 9 and
CalEPA purposes, respectively, including identifying U.S. EPA Region 9 and CalEPA as parties
to this MOU.

This MOU does not create any right or benefit, substantive or procedural, enforceable by law or
equity, by persons who are not party to this agreement, against U.S. EPA Region 9 or CalEPA,
their officers or employees, or any other person. This MOU does not apply to any person outside
of U.S. EPA Region 9 or CalEPA.

This MOU shall be construed consistent with all applicable laws, and activities undertaken in
connection with this MOU shall be subject to, and shall be undertaken in a manner consistent
with, all otherwise-applicable laws.

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VI. Notice

Any notice given under this MOU shall be provided to:

For U.S. EPA Region 9:

Director

Enforcement & Compliance Assurance Division
U.S. Environmental Protection Agency, Region IX

For CalEPA:

Deputy Secretary for Law Enforcement

Office of the Secretary

California Environmental Protection Agency

Notice shall be provided by email and shall be effective upon delivery.

VII.	Sharing of Privileged Information

To carry out the joint activities described in the MOU, either party may need to disclose to the
other information claimed as confidential business information (CBI)/proprietary business
information (PBI) to the disclosing party. The Parties agree to notify each other if the
information was claimed as CBI or PBI by the submitter. The receiving party agrees not to
disclose, copy, reproduce or otherwise make available in any form whatsoever to any other
person, firm, corporation, partnership, association or other entity information designated as CBI
or PBI without consent of the disclosing party except as such information may be subject to
disclosure under, as applicable, the Freedom of Information Act (5 U.S.C. 552) and EPA's
regulations at 40 C.F.R. Part 2, the California Public Records Act (Cal. Gov't. Code 6250 et
seq.), or as otherwise required by law.

VIII.	Commencement/Duration/Modification/Termination

This MOU will remain in effect for five years from the signing date. It may be extended or
modified through the mutual written consent of the Parties at any time. Either party may
terminate its participation in this MOU by providing written notice to the other agency 30 days in
advance of the desired termination date.

The termination of this MOU shall not affect when activities initiated while this MOU is in effect
shall conclude, unless a party expressly states otherwise. A party that intends to terminate a
previously initiated activity shall endeavor to reach an understanding with the other party
concerning such termination.

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IX. Approval

Representatives of both the U.S. EPA Region 9 and the Cal EPA sign below on September 10,
2021 in recognition of our intention to move forward with these collaborative efforts.

Deborah Jordan, Acting Regional Administrator
United States Environmental Protection Agency, Region 9

Jared Blumenfeld, Secretary

California Environmental Protection Agency

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