PLAN EJ 2014
 

ADVANCING ENVIRONMENTAL JUSTICE
 

THROUGH COMPLIANCE AND ENFORCEMENT
 

DRAFT IMPLEMENTATION PLAN
 

Led by
 

Office of Enforcement and Compliance Assurance
 

and Region 5
 

Plan EJ 2014 is EPA’s roadmap to integrate

environmental justice (EJ) into its programs and policies.

2014 represents the 20th anniversary of the signing of

Executive Order 12898 on environmental justice.
                 

               

                             

   

Comments regarding the Advancing Environmental Justice through Compliance and
 

Enforcement Draft Implementation Plan can be submitted on Regulations.gov.
 

For more information on Plan EJ 2014, visit the US EPA’s Office of Environmental Justice
 

website at: http://www.epa.gov/environmentaljustice/plan‐ej/index.html.
 
                         

                   

                              

                             

                             

       

   

                         

                               

                     

                       

                            

                       

                   

                              

                       

                        

                           

                        

                         

               

                         

                                  

                   

                          

                             

                            

                             

      

                               

                      

                        

                             

   

   

Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

1.0 INTRODUCTION

This implementation plan sets forth goals, strategies and activities to advance environmental

justice through compliance and enforcement, under EPA’s Plan EJ 2014. It was developed by the

Office of Enforcement and Compliance Assurance (OECA) and EPA Region 5, as Lead Region for

OECA for FY2011‐13, in consultation with all EPA Regions, the Office of Environmental Justice, and

the Office of General Counsel.

1.1 Goals

The Office of Enforcement and Compliance Assurance (OECA) and the EPA Regions, in

collaboration with our partners in other EPA offices and the U.S. Department of Justice (DOJ), are

committed to taking action to further ensure that our most vulnerable, overburdened

communities are given particular consideration as we implement the Agency’s enforcement and

compliance program. Through this plan, we intend to focus and accelerate our efforts to identify,

assess, and address environmental justice (EJ) concerns in these communities when developing

and implementing OECA’s program strategies, civil and criminal enforcement activities, and

compliance activities. Our goal for the next three years is to fully integrate consideration of EJ

concerns into the planning and implementation of OECA’s program strategies, case targeting

strategies, and development of remedies in enforcement actions to benefit these communities.

We also plan to accelerate our ongoing efforts to communicate more effectively with these

communities about our enforcement actions and program activities. Through these efforts, we

hope to further advance the Agency’s environmental justice goals of fair treatment and

meaningful involvement, and to help address EJ concerns in overburdened communities.

1.2 Organizational Structure

OECA and Region 5 (as OECA Lead Region) share responsibility for developing this Implementation

Plan. This work is co‐chaired by the senior career managers of OECA and Region 5, OECA Principal

Deputy Assistant Administrator Catherine McCabe and Region 5 Deputy Regional Administrator

Bharat Mathur. The co‐chairs called upon OECA’s standing EJ Council, consisting of the Directors

and/or Deputy Directors of all OECA Offices, the Lead Region enforcement and EJ manager (Alan

Walts), and supporting staff to develop this plan. Associate General Counsel Carol Ann Siciliano

participates regularly in the OECA EJ Council meetings and has been of invaluable assistance in

developing this plan.

OECA and Regional managers conducted an open discussion of this plan at the January 26, 2011

Senior Enforcement Managers meeting in New Orleans, Louisiana. Following that discussion, the

draft plan was revised to incorporate agreed‐upon modifications and additions. OECA and the

regions will use this Plan as a dynamic document, making improvements as we learn through

experience in implementation.

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

2.0 IMPLEMENTATION

2.1 Strategies

OECA has five major strategies for Advancing Environmental Justice through Compliance and

Enforcement:

 Advance EJ goals through selection and implementation of National Enforcement Initiatives.

 Advance EJ goals through targeting and development of compliance and enforcement actions.

 Enhance use of enforcement and compliance tools to advance EJ goals in Regions’ geographic

initiatives to address overburdened communities.

 Seek appropriate remedies in enforcement actions to benefit vulnerable and overburdened

communities and address EJ concerns.

 Enhance communication with affected communities and the public regarding EJ concerns and

the distribution and benefits of enforcement actions, as appropriate.

2.2 Activities

Strategy 1: Advance EJ goals through Selection and Implementation of National

Enforcement Initiatives.

Background: Every three years OECA selects a limited number of high priority national

environmental and compliance problems to address through concentrated, nationwide

enforcement efforts. In selecting these areas of focus, we look for important environmental and

public health problems that are caused, at least in part, by widespread failure of regulated sectors

to comply with federal environmental laws, where we believe that a concentrated federal

enforcement effort can make a difference in correcting violations and reducing pollution. OECA

and the Regions solicited input from our state partners to identify potential areas of focus, and

sought public comment on the final list of proposed candidates. The selected areas of focus are

called “National Enforcement Initiatives.”

OECA has been, and continues to be, committed to taking environmental justice factors into

consideration when it selects and implements these National Enforcement Initiatives. One of

OECA’s primary program goals is to aggressively go after pollution problems that make a

difference to communities, and we place a high priority on benefits to overburdened communities

in selecting our National Enforcement Initiatives.

Activity #1.1: Selection of National Enforcement Initiatives for FY2011‐13

In 2010 OECA selected six National Enforcement Initiatives for implementation in FY2011‐2013

after input from the public, states, and tribes. The six Initiatives selected are:

 Keeping raw sewage and contaminated stormwater out of our nation’s waters;

 Preventing animal waste from Concentrated Animal Feeding Operations (CAFOs ) from

contaminating surface and ground waters;

 Cutting toxic air pollution that affects communities’ health;

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

	 Reducing widespread air pollution from the largest sources, especially the coal‐fired utility,

cement, glass, and acid sectors;

	 Reducing pollution from mineral processing operations; and

	 Assuring energy extraction sector compliance with environmental laws.

In selecting these areas of focus, OECA gave significant weight to problems that affect

overburdened communities. For example, raw sewage discharges from municipal sewer systems

often affect poor and minority communities by contaminating urban waters or causing sewage

backups into their homes. CAFOs are often located near poor rural communities, and animal

waste that gets into ground water can contaminate nearby residents’ drinking water supplies.

Toxic air pollution can affect the health of poor and minority communities that often are located

closest to industrial facilities with toxic air emissions. Widespread air pollution from coal‐fired

power plants and other industries can travel long distances and contributes to respiratory

illnesses, such as asthma, that afflict poor and minority populations and children. Large mineral

processing facilities, which can cause significant contamination of ground and surface waters with

hazardous waste, are often located near poor and minority communities. Energy extraction

activities, which often occur on or near tribal lands in the West, can cause air or water pollution

problems that affect tribal communities.

Activity #1.2: Implementation of National Enforcement Initiatives for FY2011‐13

OECA will look for opportunities to address EJ concerns as it implements the National Enforcement

Initiatives for FY2011‐13. A “Strategy Implementation Team,” consisting of OECA headquarters

and regional representatives, is responsible for developing implementation strategies and

performance measures for each of the National Enforcement Initiatives. Each initiative’s strategy

will consider how EJ concerns can be addressed in carrying out its activities, e.g., by giving priority

in case selection to overburdened EJ communities affected by the pollution problems we seek to

address in each of the initiatives. In developing remedies in our enforcement cases for the

initiatives, we will seek judicial and administrative remedies that will reduce or eliminate pollution

that may have a disproportionate impact on minority, low‐income or indigenous populations (see

further discussion under Strategy 4 below). OECA plans to finalize the National Enforcement

Initiative strategies and measures by April 30, 2011.

Activity #1.3: Selection of National Enforcement Initiatives for FY2014‐16

In 2013, OECA will call for nominations for the FY2014‐2016 National Enforcement Initiatives, with

emphasis on those with potential opportunities for addressing EJ concerns, and will then select the

new initiatives. As we have done previously, OECA will solicit state input and public comment on

the proposed FY2014‐2016 initiatives areas before they are selected.

Strategy 2: Advance EJ Goals through Targeting and Development of Compliance and

Enforcement Actions.

OECA and the Regions will continue to place a high priority on addressing EJ concerns as we

develop the specific targeting and case selection strategies for both National Enforcement

Initiative cases and the many other enforcement cases that EPA brings in FY2011‐13. As discussed

above, the Strategic Implementation Teams for each National Enforcement Initiative will identify

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

opportunities to protect and benefit disproportionately burdened communities when selecting

and developing specific cases to achieve the Initiative goals. For example, when selecting specific

CAFO facilities for enforcement action, priority may be given to facilities that are impacting or

threatening the drinking water supplies of poor rural communities. OECA and the Regions will also

give specific consideration and priority to EJ and overburdened communities when selecting

enforcement actions to address other important compliance problems, regardless of whether they

are part of a National Enforcement Initiative. For example, in selecting enforcement actions to

address violations of drinking water standards, we will give high priority to addressing violations at

water supply systems that serve poor and tribal communities, as well as children, one of our most

vulnerable populations.

Activity #2.1: Issue internal guidance requiring analysis and consideration of environmental

justice in EPA’s compliance and enforcement program

EPA’s enforcement program is already giving significant consideration to environmental justice

concerns in selecting enforcement areas of focus and targets. For example, as described above,

environmental justice considerations played a significant role in our selection of national

compliance problems to address through National Enforcement Initiatives. To ensure that EPA

enforcement staff and managers consistently and effectively consider environmental justice

factors in all their work under EPA’s national compliance and enforcement program, OECA will

issue national guidance in 2011 to reinforce, guide, and accelerate these efforts.

OECA’s guidance will direct EPA compliance and enforcement staff and managers to consider and

give significant weight to environmental justice concerns when they select compliance problems

to focus on, select specific civil or criminal enforcement case targets, and develop and conduct civil

litigation or criminal prosecution. Given limited resources, EPA managers must make many

strategic choices as they decide which problems to focus on and how to address them. Protection

of the public health is our highest priority, and protection of the health of vulnerable communities

is especially important. While we cannot address every problem with our limited resources, we

can ensure that we consider and give significant weight to the protection of vulnerable

communities as we make those strategic choices.

For example, in carrying out our National Enforcement Initiative to address groundwater or

surface water pollution caused by CAFOs, a Region must make strategic choices about which

watershed areas to focus on and which particular CAFOs to inspect. A number of factors are

considered in that decision‐making process, e.g,. the relative severity of the environmental and

public health problems, the degree to which facilities are known or suspected to have violations

that are contributing to the problem, and the degree to which enforcement action is likely to be an

effective and appropriate tool to correct that problem. Environmental justice concerns should be

considered and given significant weight in making this decision. For example, if there is a poor or

minority overburdened community whose drinking water supply is contaminated or at risk of

contamination from a nearby CAFO, that factor weighs in favor of selecting that CAFO as one of

our enforcement case targets.

To ensure that all EPA enforcement personnel consider and address environmental justice

concerns early in the enforcement process, OECA, in consultation with the EPA Regions and DOJ, is

revising its internal Model Litigation Report guidance to call for increased analysis and discussion

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

of EJ considerations in civil case referrals that we send to DOJ. In addition, OECA will issue

guidance calling for analysis and discussion of EJ considerations in the requests for prosecutorial

assistance that EPA provides to DOJ. These guidances will be issued in 2011.

In order to implement the direction to consider EJ concerns in selecting and conducting

enforcement cases, case teams will need guidance on how to identify areas of potential EJ

concern. EPA has developed a number of screening tools to assist in identifying areas of potential

EJ concern. These include the online mapping tool “EJ View” (formerly known as the EJ

Geographic Assessment Tool, or EJGAT), which uses demographic, environmental, health, and

facility‐level information to assist in identifying areas with potential environmental justice

concerns. OECA has also developed a screening tool called the EJ Strategic Enforcement

Assessment Tool (EJSEAT), which uses these same categories of data to assist in identifying areas

of potential EJ concern that may be appropriate for enforcement action to address the impacts of

noncompliance on overburdened communities. A number of EPA’s Regions have also developed

their own analytic tools and methods for this purpose.

With all of these screening tools, it is important to remember that they can only provide a starting

point for analysis and decision‐making as to whether a community has EJ concerns or whether any

enforcement action is appropriate. “Ground truthing” is needed before drawing any conclusions

as to any particular community or environmental compliance problem, and, as described above, a

number of other important factors must be taken into consideration when deciding whether and

where to take enforcement actions.

In addition to OECA’s efforts to develop screening tools for use in the enforcement and

compliance program, the Agency’s Information Tools Development Workgroup is undertaking a

larger effort to develop guidance on identifying areas of potential EJ concern as a separate effort

under EPA’s Plan EJ 2014. It will be important to ensure that OECA’s guidance to enforcement

case teams is consistent with the approach(es) developed by the Agency‐wide EJ Screening

Committee. Therefore, upon completion of the Screening Committee’s work, OECA will review its

guidance to ensure that it is consistent with the final Agency decisions based on the EJ Screening

Committee’s work.

Activity #2.2: Review OECA’s Enforcement Response Policies to determine whether any

revisions are needed to ensure that environmental justice concerns are addressed in case

development and resolution

OECA will review its Enforcement Response Policies for the various statutory and regulatory

programs to assess whether any revisions are needed to ensure environmental justice concerns

are addressed. A plan for the review will be developed by June 30, 2011.

Activity #2.3: Re‐evaluate use of EJSEAT, as appropriate, in response to recommendations of

NEJAC and conclusions of EPA EJ Screening Committee

EPA’s National Environmental Justice Advisory Council (NEJAC) thoroughly reviewed OECA’s

screening tool, EJSEAT, and provided technical and policy recommendations to improve this tool in

May 2010. OECA responded to and discussed the NEJAC’s recommendations at the NEJAC

meeting in July 2010, and is implementing some of its technical recommendations. Many of the

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

NEJAC’s recommendations raised policy issues that have broad application and implications for all

of the Agency’s EJ work. To ensure Agency‐wide consistency, OECA will await the outcome of the

EJ Screening Committee’s work before making final decisions on the NEJAC’s policy

recommendations. However, as OECA and the Regions continue to use EJSEAT pending the

outcome of the EJ Screening Committee’s work, the OECA EJ Council will assess whether additional

changes to EJSEAT recommended by the NEJAC’s review of the tool should be made on an interim

basis.

Activity #2.4: Seek opportunities to advance EJ goals in implementing the Clean Water Act

Action Plan

OECA and the Office of Water (OW) have developed a Clean Water Act Action Plan to revamp

EPA’s permitting, compliance and enforcement programs so that they more effectively focus our

limited resources on addressing the most important environmental and public health problems

facing the nation. Many of these problems disproportionately impact poor and minority

communities. For example, urban waters pollution is most likely to affect the health and welfare

of poor communities located along urban waterways. As OECA, OW, and the Regions develop and

implement new strategies and plans under the Clean Water Act Action Plan, we will identify

specific opportunities to address EJ concerns.

Many of the opportunities to address EJ concerns in implementation of the Clean Water

Act Action Plan will come through the development of targeting strategies and specific case

selection. The Clean Water Act Action Plan also offers other opportunities to address EJ concerns,

such as our increased attention with our state partners to the relationship between effective

permitting and enforcement in assuring compliance with the Clean Water Act. Often, the

concerns that are raised to EPA by overburdened communities relate to the effectiveness of the

permit regulating a particular facility, which is an essential underpinning for effective compliance

and enforcement.

Activity #2.5: Seek opportunities to advance EJ goals in conducting the National Enforcement

Strategy for RCRA Corrective Action

OECA’s Corrective Action program has set an aspirational goal of achieving remedy construction at

95% of 3,747 RCRA facilities by the year 2020. The National Enforcement Strategy for Corrective

Action (NESCA) provides direction to the Regions, and guidance to States, for assessing, targeting,

and prioritizing EPA‐lead Corrective Action facilities to help meet the 2020 Corrective Action goal.

Regions are encouraged to focus attention on identifying and addressing disproportionate impacts

that RCRA facilities needing corrective action may have on adjacent or nearby minority, low‐

income, tribal, and other vulnerable populations.

NESCA identifies a variety of mapping tools that Regions, States, and communities can use to view

and identify EJ concerns. As part of their RCRA Corrective Action 2020 strategies, the Regions

must identify what tools they plan to use to address EJ concerns in their prioritization. To assist

Regions with addressing EJ concerns, OECA provided each Region with a list of all potential

facilities. OECA used EJSEAT to screen and prioritize each facility on these lists of facilities.

Regions will assess their 2020 Corrective Action Universe to ensure consideration of EJ and provide

updated RCRA Corrective Action 2020 strategies in Spring of 2011.

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

Activity #2.6: Improve compliance at federal facilities where violations may impact vulnerable

communities

Where federal facilities are located adjacent to or nearby vulnerable, overburdened communities,

illegal pollution or hazardous waste contamination can have a disproportionate effect on those

communities. As part of Plan EJ 2014, OECA, together with Federal Facility Program Managers in

each EPA Region, will accelerate our efforts to identify communities with these types of problems

and take enforcement action to ensure that federal facilities comply with the law and address

pollution problems that affect the communities. In FY11 we will use EJSEAT and other tools and

information to identify vulnerable and overburdened communities located near federal facilities

that have significant violations of federal environmental laws. These facilities will be given priority

in regional targeting efforts for compliance and enforcement.

Activity #2.7: Develop tools to identify and track facilities located in areas with potential EJ

concerns, and report on enforcement actions that address EJ concerns

To ensure the success of Activities #2.1‐2.6, it will be important to ensure that EJ screening

information is available to case teams, and to track the enforcement and compliance activities that

we implement under this Plan. Therefore, in 2011 OECA will develop and implement technical

programming for the Integrated Compliance Information System (ICIS) database, an internal

tracking system, to allow for automated reporting on OECA regional and headquarters review of

EPA civil enforcement cases for potential EJ concern. OECA is in the process of developing this

capacity and will determine in 2011 whether the reporting mechanism in ICIS is adequate for

OECA’s needs.

To support OECA’s program efforts to improve tracking and reporting of EJ aspects of EPA criminal

enforcement case work, OECA will in 2011 analyze its current docket of investigations for potential

EJ concerns, and will revise its internal Criminal Case Reporting System (CCRS) to capture

information concerning potential EJ concerns in criminal enforcement investigations and

prosecutions. OECA will also re‐evaluate modifying its internal case tiering system to consider

such data.

Strategy 3: Enhance Use of Enforcement and Compliance Tools to Advance EJ Goals in

Regions’ Geographic Initiatives to Address Overburdened Communities.

EPA Regions have developed and continue to develop integrated strategies to focus on particular

geographic areas in their Regions with overburdened communities that are disproportionately

affected by environmental problems. Beginning in 2008, for example, each Region identified a

“Showcase Community” to focus efforts to address EJ concerns. The Regions used integrated

strategies for this purpose that considered the full range of EPA’s tools, and a number of these

projects include use of enforcement and compliance assurance tools. Under this Strategy, the

Regions will ensure that they use their enforcement and compliance assistance tools effectively to

identify and address environmental and public health problems in areas of EJ concern that are

caused or made worse by violations of federal environmental laws. For example, EPA Regions 3, 4

and 5 are leading a geographic enforcement initiative focused on Huntington Port, which was

selected in part because screening analysis indicated a high potential for EJ concerns. This

initiative incorporates enforcement and compliance assistance to reduce pollution and increase

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

compliance. It also includes workshops to build the community’s capacity to help ensure long‐

term protection of the environment and public health.

Activity #3.1: Regions will include use of enforcement tools as part of integrated problem

solving strategies that are focused on particular geographic areas

OECA and the Regions, together with state and other partners as appropriate, will evaluate facility

compliance in EJ communities selected for strategic focus. These evaluations should be targeted

using the best available data and methods in light of the overall objectives of EPA’s enforcement

and compliance assurance work. In this way, community‐focused initiatives will complement the

national enforcement initiatives and other sector‐based and program‐specific enforcement

activities, meeting OECA’s goal of strategically using limited enforcement resources to address the

most significant issues first.

OECA and the Regions will tailor compliance evaluation and enforcement actions as part of

integrated strategies to maximize EPA’s ability to gain environmental and public health benefits in

overburdened communities. For example, this could include use of multi‐media inspections

and/or process inspections to comprehensively address potential impacts from violations at a

given facility.

Activity #3.2: Regions will include use of compliance assistance tools as part of integrated

problem‐solving strategies focused on particular geographic areas

OECA and the Regions will consider and use compliance assistance activities to effectively reach

large numbers of small sources with environmental violations that have significant local impacts

on EJ communities. Compliance assistance tools are particularly appropriate, at least as initial

compliance efforts, when widespread violations are found among small businesses, which often

have limited resources and less ability than major industrial facilities to understand and comply

with the requirements of federal environmental regulations. EPA and states have often been

successful in improving small businesses’ compliance with environmental regulations through

focused outreach and education efforts.

Strategy 4: Seek Appropriate Remedies in Enforcement Actions to Benefit Vulnerable

and Overburdened Communities and Address EJ Concerns.

Activity #4.1: Increase efforts to address EJ concerns through use of injunctive relief, including

mitigation, and Supplemental Environmental Projects in civil enforcement actions, as

appropriate

OECA, the EPA Regions, and DOJ are jointly heightening their focus in civil enforcement cases on

potential options to obtain meaningful environmental and public health benefits to specific

overburdened communities impacted by violations of federal environmental laws. These efforts

go beyond traditional injunctive relief to stop illegal pollution, to mitigate the environmental and

public health harm caused by illegal pollution and, where appropriate and agreed to by

defendants, to include Supplemental Environmental Projects (SEPs) that provide benefits to

communities. For example, in a case involving illegal discharges of pollutants from a facility that

damaged a tribal fishing area, the relief ordered (in addition to stopping the illegal discharges)

included restocking the fishing ground. EPA has also been successful in obtaining SEPs from

defendants to retrofit diesel school buses, to reduce the air pollution that children are exposed to.

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

We will continue and accelerate these types of efforts to reduce pollution burdens that have a

disproportionate impact on minority, low‐income or indigenous populations.

Activity #4.2: Increase efforts to benefit affected communities through use of restitution and

the Crime Victims’ Rights Act in criminal actions

OECA will work with DOJ to (1) explore innovative uses of criminal sentencing options, e.g.,

community service and/or environmental compliance plans, and (2) take into account information

obtained pursuant to the Crime Victims Rights Act, when developing environmental crimes case

resolutions (e.g., restitution).

Activity #4.3: Look for opportunities to work with other federal agencies, state and local

governments, and the business community to complement and leverage community benefits

resulting from enforcement activities

In addition to the benefits that can be obtained for overburdened communities through judicial

and administrative enforcement actions, there may be other, parallel opportunities to obtain

additional benefits for the community through cooperation with other federal agencies, state or

local governments, and/or the business community. For example, the U.S. Department of Housing

and Urban Development (HUD) may be able to provide housing assistance or other community

benefits in a “brownfields” area where EPA has taken enforcement action to clean up

environmental contamination. State or local governments may have projects or grant funding that

can be used to improve the community’s infrastructure or environment in an area that is also the

focus of EPA compliance or enforcement action. In situations where air emissions from individual

or multiple industrial facilities continue to adversely affect community health despite their

compliance with emission limitations, some businesses may be willing to take voluntary action to

further reduce the emissions that adversely affect the community. Examples of such voluntary

actions include: a health clinic established and operated together with local, state and community

members; a household hazardous waste collection drive; a local company voluntarily agreeing to

post compliance monitoring information directly on a public website, to allow community

members to check on compliance; “good neighbor agreements” between local companies and

communities to address facility impacts not regulated by a permit or other law. EPA will identify

specific opportunities, in cases or regional geographic initiatives, to work with other federal

agencies, state and local governments, and/or the business community to complement and

leverage benefits resulting from enforcement activities. We will document and share

recommendations and best practices for taking action on these opportunities.

Strategy 5: Enhance Communication with Affected Communities and the Public

Regarding EJ Concerns and the Distribution and Benefits of Enforcement Actions, As

Appropriate.

OECA and the EPA Regions with DOJ will increase their efforts to communicate with affected

communities and the public about enforcement strategies and actions that may affect vulnerable

and overburdened communities. We recognize that communities have a legitimate need to be

informed and to understand the federal government’s enforcement activities to protect their

environment and public health, and to have their voices heard when solutions are being

considered to redress environmental and health problems caused by violations of federal

environmental laws that affect their community. As OECA implements these Strategies for Plan EJ

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

2014, we commit to increase our outreach to communities and to provide more information about

environmental and public health problems caused by failure to comply with federal environmental

laws, our efforts to address those problems, and available judicial and administrative solutions to

those problems that can address the communities’ concerns and needs.

At the same time, it is important for communities to understand the legitimate and essential need

to protect the confidentiality of enforcement activity when a case is under development and in

settlement negotiations. This is essential to assure that effective enforcement, and its ultimate

benefits for the community, will not be undermined and adversely affected by premature

disclosure of confidential enforcement information. While this consideration will necessarily limit

the amount and kind of information that EPA is able to share with the community at various stages

of enforcement activity, we are committed to sharing as much information as possible, to enable

communities to be informed and to have their voices heard in the determination of appropriate

resolutions for violations of federal environmental laws that affect communities.

While increased communication efforts are important, it is no less important to receive input from

communities on potential violations. We will continue to invite tips and complaints, including

through such means as EPA’s on‐line reporting badge and the EPA fugitives webpage.

Activity #5.1: Provide affected communities with information about enforcement actions and

meaningful opportunities for input on potential EJ concerns and remedies to be implemented

As OECA and the Regions develop and implement our enforcement actions, we will seek to

identify communities with EJ concerns that could benefit from enhanced communication and

consultation regarding enforcement activities, and provide the communities with additional

information (consistent with the confidentiality requirements needed to protect the integrity of

enforcement actions). As appropriate, OECA and the Regions will also provide opportunities for

communities to provide input on EJ concerns and remedies to be sought in enforcement actions

that affect their communities. This information will be provided through EPA’s website, local

information repositories, and other appropriate means.

Activity #5.2: Improve website information and other public information materials to explain

EPA’s site cleanup enforcement processes

OECA and the Regions recognize that EPA’s enforcement processes concerning hazardous waste

site cleanup that affect communities with potential EJ concerns, are often complicated and can be

difficult for the public to understand and to follow. To increase communities’ ability to understand

our enforcement processes, we will coordinate across EPA offices to maximize website

information on cleanup enforcement at specific sites, develop and make available fact sheets to

better explain EPA’s cleanup enforcement process, and prepare for internal EPA use a

compendium of “best practices” that will encourage and facilitate EPA employees’ efforts to make

cleanup enforcement information more available to the public.

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

Activity #5.3: Enhance communication of the EJ benefits of EPA’s enforcement actions

EPA’s enforcement actions frequently provide significant benefits to vulnerable and overburdened

communities, including reduction of air or water pollution, cleanup of toxic and hazardous waste,

and additional community benefits such as diesel bus retrofits and other benefits made available

through SEPs. However, the community is best able to appreciate these benefits when they have

good information about these actions. Therefore, OECA and the Regions will accelerate our efforts

to communicate, through press releases, EPA’s website and other means, the benefits of our

enforcement actions for vulnerable and overburdened communities. To ensure nationwide

consistency in this effort, we will issue internal guidance for this purpose in 2011.

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

3.0 DELIVERABLES

Strategy 1: Advance EJ Goals through Selection and Implementation of National

Enforcement Initiatives.

ACTIVITY DELIVERABLES1 MILESTONES

Activity #1.1: Consider EJ in

selecting National Enforcement

Initiatives (NEIs) for FY2011‐13

 Selection of National Enforcement

Initiatives for FY2011‐13.

Completed.

Activity #1.2: Advance EJ goals

through implementation of NEIs

 Strategic Implementation Team (SIT)

strategies to include opportunities to

advance EJ goals

 April 30, 2011

Activity #1.3: Consider EJ in

nominating and selecting National

Enforcement Initiatives for

FY2014‐17

 Call for nominations for FY2014‐17 NEIs to

include request to identify opportunities to

advance EJ goals

 In 2013

Strategy 2: Advance EJ Goals through Targeting and Development of Compliance and

Enforcement Actions.

ACTIVITY DELIVERABLES MILESTONES

Activity #2.1: Issue internal  Issue guidance to EPA managers and staff  Apr. 30, 2011

guidance calling for analysis and that calls for consideration of EJ in EPA’s

consideration of EJ in EPA’s compliance and enforcement program

compliance and enforcement

program, including using available  Revise Model Litigation Report Guidance to  Draft by June 30,

tools and approaches to identify call for increased analysis and discussion of 2011; Final by

areas of potential EJ concern EJ in judicial referrals

 Modify criminal case tiering system to add

EJ as attributes

 Issue guidance calling for discussion of EJ

issues in requests for prosecutorial

assistance

Sept. 30, 2011

 June 30, 2011

 June 30, 2011

Activity #2.2: Review OECA’s

Enforcement Response Policies to

determine whether any revisions

are needed to ensure that EJ

concerns are addressed in case

development and resolution

 Develop a plan and timetable for review of

Enforcement Response Policies

 June 30, 2011

“Deliverables” are a schedule of actions, products or results that OECA intends to accomplish by a specified date.

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

ACTIVITY DELIVERABLES MILESTONES

Activity #2.3: Re‐evaluate use of

EJSEAT, as appropriate, in

response to recommendations of

NEJAC and conclusions of EPA EJ

Screening Committee

 Finalize implementation of NEJAC technical

recommendations for EJSEAT already

accepted

 Reconsider and finalize response to NEJAC

recommendations on EJSEAT following

issuance of final work product by EJ

Screening Committee (to ensure

consistency)

 May 6, 2011

 Within 180 days

following

issuance of final

work product of

EJ Screening

Committee

Activity #2.4: Seek opportunities

to advance EJ goals in

implementing the Clean Water

Action Plan

 As EPA develops and implements new

strategies and plans under the Clean Water

Act Action Plan, we will identify specific

opportunities to address EJ concerns

 Ongoing

Activity #2.5: Seek opportunities

to advance EJ goals in conducting

the National Enforcement

Strategy for RCRA Corrective

Action

 Screen all facilities in the 2020 Corrective

universe that are subject to the National

Enforcement Strategy for RCRA Corrective

Action for potential EJ concerns

 Indentify as priorities for enforcement,

Corrective Action sites using the potential

for EJ concerns as a factor

 Completed

 Ongoing

Activity #2.6: Improve compliance

at federal facilities where

violations may impact vulnerable

communities

 Use EJSEAT to identify vulnerable

communities located near federal facilities.

Identify those that have significant

environmental violations for priority

consideration by regional federal facility

program targeting efforts, for compliance

assistance and potential enforcement.

 Ongoing

Activity #2.7: Develop tracking

and reporting tools on potential EJ

concerns and results in

enforcement actions

 Develop and implement

technical/programming requirements for

the ICIS database

 Develop reporting guidance

 Revise the Criminal Case Reporting System

(CCRS) to capture information concerning

potential EJ concerns in criminal

enforcement investigations and

prosecutions

 Pilot guidance in

Sept. 2011; Final

guidance by

Mar. 30, 2012

 June 30, 2011

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

Strategy 3: Enhance Use of Enforcement and Compliance Tools to Advance EJ Goals in

Regions’ Geographic Initiatives to Address Over­Burdened Communities.

ACTIVITY DELIVERABLES MILESTONES

Activity #3.1: Regions will include

use of enforcement tools as part

of integrated problem solving

strategies that are focused on

particular geographic areas

 Regions will be asked to include

enforcement efforts (e.g., through

targeting and inspections) when applying

integrated problem solving strategies in

selected geographic areas with EJ

concerns. For example, some Regions

incorporated such an approach into their

EJ Showcase Community projects.

 Document accomplishments and future

plans for including enforcement in these

geographic initiatives

 Ongoing

 Dec. 31, 2011

Activity #3.2: Regions will include

use of compliance assistance tools

as part of integrated problem

solving strategies, (e.g., as applied

in the Showcase Communities),

that are focused on particular

geographic areas

 Regions will be asked to evaluate

appropriate compliance assistance tools

when applying integrated problem solving

strategies in selected geographic areas

with EJ concerns. For example, some

Regions incorporated such an approach

into their EJ Showcase Community

projects.

 Document accomplishments and future

plans for including compliance assistance

in these geographic initiatives

 Ongoing

 Dec. 31, 2011

Strategy 4: Seek Appropriate Remedies in Enforcement Actions to Benefit Vulnerable

and Over­Burdened Communities and Address EJ Concerns.

ACTIVITY DELIVERABLES MILESTONES

Activity #4.1: Increase efforts to

address EJ concerns through use

of injunctive relief, including

mitigation, and Supplemental

Environmental Projects in civil

enforcement actions

 On case‐specific basis, coordinate with DOJ

on potential options in judicial cases for

injunctive relief, including mitigation, and

Supplemental Environmental Projects that

will deliver substantial and meaningful

environmental benefits to specific EJ

communities

 Assess opportunities for increasing EJ

benefits in remedies in administrative

actions

 Ongoing

 Ongoing

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

ACTIVITY DELIVERABLES MILESTONES

Activity #4.2: Increase efforts to

benefit vulnerable communities

through use of restitution and the

Crime Victims’ Rights Act (CVRA)

in criminal actions

 Work with DOJ to (1) explore innovative

uses of criminal sentencing options, e.g.,

community service and/or environmental

compliance plans, and (2) take into

account information obtained pursuant to

the Crime Victims Rights Act (CVRA) when

developing environmental crimes case

resolutions (e.g., restitution)

 Provide comments on DOJ/AG’s CVRA

Guidelines

 Coordinate with DOJ in their

implementation of CVRA guidelines for

federal environmental prosecutions

 Evaluate use of restitution, community

service, and CVRA in federal environmental

prosecutions, and issue guidance to

investigators

 Ongoing

 Completed

 Ongoing

 Sept. 30, 2011

Activity #4.3: Look for

opportunities to work with other

federal agencies, state and local

governments, and the business

community to complement and

leverage community benefits

resulting from enforcement

activities

 Identify specific opportunities, in cases or

regional geographic initiatives, to work

with other federal agencies, state and local

governments, and the business community

to complement and leverage benefits

resulting from enforcement activities

 Document and share recommendations

and best practices for taking action on

these opportunities

 Ongoing

 Dec. 31, 2011

Strategy 5: Enhance Communications with Affected Communities and the Public

Regarding EJ Concerns and the Distribution and Benefits of Enforcement Actions, as

Appropriate.

ACTIVITY DELIVERABLES MILESTONES

Activity #5.1: Provide affected

communities with information

about enforcement actions and

meaningful opportunities for

input on potential EJ concerns and

remedies to be sought, as

appropriate.

 Identify communities where enhanced

communication and consultation re:

enforcement matters is appropriate

 Provide communities with information

about enforcement actions and meaningful

opportunities for input on potential EJ

concerns and remedies to be sought, as

appropriate

 Ongoing

 Ongoing

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Plan EJ 2014: Advancing EJ through Compliance and Enforcement Draft Implementation Plan, March 1, 2011

ACTIVITY DELIVERABLES MILESTONES

Activity #5.2: Improve website

information on cleanup

enforcement, develop fact sheets

to better explain the cleanup

enforcement process, and prepare

a compendium of best practices.

 Coordinate across EPA offices to maximize

website information on cleanup

enforcement at specific sites

 Participate in the development of fact

sheets that explain the cleanup

enforcement process

 Prepare compendium of best practices

 Ongoing

 Ongoing

 Dec. 31, 2011

Activity #5.3: Enhance

communication of EJ benefits of

EPA’s enforcement actions

 Develop policy on communicating in press

releases and similar statements the EJ

benefits of EPA’s enforcement actions

 May 31, 2011

4.0 Reports

OECA will report annually on progress in implementing the Strategies outlined in this

implementation plan, and will update as necessary, the Activities and Deliverables outlined here.

For information, please contact: Loan Nguyen, 202‐564‐4041, nguyen.loan@epa.gov or Eileen

Deamer, 312‐886‐1728, deamer.eileen@epa.gov.

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