PLAN EJ 2014
 

INCORPORATING ENVIRONMENTAL JUSTICE
 

INTO RULEMAKING
 

DRAFT IMPLEMENTATION PLAN
 

Led by
 

Office of Chemical Safety and Pollution Prevention,
 

Office of Policy, Office of Research and Development,
 

Office of Environmental Justice and Region 9
 

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 Incorporating Environmental Justice
 

into Rulemaking 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: Incorporating EJ into Rulemaking	 Draft Implementation Plan, March 1, 2011

1.0 INTRODUCTION

Far too often and for far too long, environmentalism has been viewed as a distant issue for low‐

income and minority communities. That view has persisted despite the fact that these same

communities often carry the greatest environmental burdens. Dirty air, polluted water, and

contaminated lands have significant impacts on the health and economic opportunities of the

people who live in overburdened communities. Administrator Jackson has called on the U.S.

Environmental Protection Agency (EPA) to change both the perception and the situation on the

ground, by broadly expanding our conversation on environmentalism and developing policies that

have a tangible effect on the health and environment of disproportionately communities. The

Interim Guidance on Considering Environmental Justice During the Development of an Action, also

known as the EJ in Rulemaking Guidance, and the associated development of Technical Guidance

for Rulemaking Activities (EJ Technical Guidance) are important tools for answering that call.

1.1 Goals

The goal of this Implementation Plan is to more effectively protect human health and the

environment for disproportionately burdened populations by developing and implementing

guidance for incorporating environmental justice considerations into EPA’s rulemaking process.

Specifically, this Implementation Plan will:

	 By December, 2011, elevate the procedural aspects of the EJ in Rulemaking Guidance to final

status.

	 In 2011, establish and commence mechanisms to facilitate and monitor implementation by

National Program Managers (NPMs) and their rule‐writing teams of the Interim and to‐be‐

developed Final Guidance to maximize its effectiveness. NPMs refers to the major media

offices in EPA which are responsible for protecting air, water, land, or regulation of pesticides

and other toxic substances.

	 By August 2012, develop final technical guidance on how to perform the technical analyses

needed to determine the potential distributional effects of rulemaking activities and to support

development of strategies for addressing them.

Successful implementation of this plan will significantly advance this Administration’s commitment

to the goals of environmental justice in EPA’s rulemaking work to protect human health and the

environment.

The EJ in Rulemaking Guidance provides information to rule‐writers on when during the Action

Development Process (ADP) to consider environmental justice, as well as the types of questions to

ask. It outlines multiple steps that every program office can take to incorporate the needs of

overburdened neighborhoods into our decision‐making, scientific analysis, and rule development.

Issuing the EJ in Rulemaking Guidance as Interim Final in July 2010 represented an historic

accomplishment, documenting for the first time EPA’s commitment to consider EJ concerns in the

rulemaking process – one of the Agency’s most important and publically visible endeavors – and

providing specific, detailed instructions for steps that should be taken procedurally to fulfill this

commitment through the ADP.

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Plan EJ 2014: Incorporating EJ into Rulemaking	 Draft Implementation Plan, March 1, 2011

Complementary to the EJ in Rulemaking Guidance is the development of the EJ Technical Guidance

that will provide technical direction to EPA analysts to aid them in incorporating environmental

justice into the development of risk assessment, economic analysis, and other scientific input and

policy choices during the development of a rule.

1.2 Organizational Structure

Distinct organizational structures are being employed under each goal of this Implementation

Plan:

	 Leadership for finalizing the EJ in Rulemaking Guidance is being provided by the Office of

Chemical Safety and Pollution Prevention (OCSPP), which has reconvened the Agency‐wide EJ

in Rulemaking Workgroup and its Process Guidance Subgroup. The Final Guidance document

developed by the Workgroup and the associated issues requiring senior management

attention are raised first with the Principles for this effort – the Deputy Assistant

Administrators (DAA’s) or Deputy Regional Administrators (DRA’s) for OCSPP, Office of Policy,

Office of Enforcement and Compliance Assurance (OECA), Region 9, and the Associate

Assistant Administrator for Environmental Justice – and then elevated to the Environmental

Justice Committee (EJC) and the Executive Management Council (EMC) prior to being

presented to the Administrator for final approval.

	 A Steering Committee comprised of senior executives from OCSPP, OP and OECA/Office of

Environmental Justice (OEJ), Region 9, along with the Associate Assistant Administrator for

Environmental Justice, will oversee the implementation facilitation and monitoring efforts,

which are expected to continue after the guidance documents are made final to promote

continuous learning and improvement and to ensure effective implementation. The EJ in

Rulemaking Workgroup will provide support to the Steering Committee as needed.

	 The EJ Technical Guidance is being developed as a Tier 1 Action through the ADP. As such, the

Administrator is the decision‐maker in each stage of the ADP. The second subgroup originally

formed under the EJ in Rulemaking Workgroup to support the development of the Technical

Guidance has been elevated to a Tier 1 Agency‐wide ADP Workgroup under the leadership of

the Office of Policy (OP), the Office of Environmental Justice (OEJ) within the Office of

Enforcement and Compliance Assistance (OECA), and the Office of Research and Development

(ORD).

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Plan EJ 2014: Incorporating EJ into Rulemaking	 Draft Implementation Plan, March 1, 2011

2.0 IMPLEMENTATION

2.1 Strategies

Strategies to achieve the goals of this implementation plan are specific to each goal:

 Finalize the EJ in Rulemaking Guidance:

o	 Assess internal and external comments provided on the Interim Guide through Agency

websites.

o	 Evaluate documents produced by rule‐writing workgroups since the Interim Guide was

released to assess the extent to which the guidance is being addressed and its effect on

EPA’s rulemaking decisions.

o	 Interview members of rule‐writing workgroups, their supervisors and their senior managers

to assess the clarity and usefulness of the guide, the burdens associated with its

implementation and obtain suggestions for improvement.

o	 Revise the Guide for presentation to and approval by the Executive Management Council

(EMC), its Environmental Justice Committee (EJC), and the Administrator.

	 Facilitate and Monitor Implementation of Guidance:

o	 Work with the NPMs, which are primarily responsible for incorporating EJ considerations in

their own rulemaking efforts.

o	 Provide training to rule‐writing teams, their managers and decision‐makers.

o	 Initiate a continuous learning effort to identify effective practices and lessons learned from

the NPM’s ongoing rulemaking efforts.

o	 Develop and commence implementing a monitoring scheme to assess the extent to which

the guidance is being applied, the resources being devoted to its application, and the effect

it is having on rulemaking decisions.

	 Develop EJ Technical Guidance:

o	 Develop Draft Guidance through an Agency‐wide ADP Tier 1 Workgroup.

o	 Establish and conduct a peer consultation on the Draft Guidance with a special panel of

EPA’s Science Advisory Board (SAB).

o	 Execute an outreach strategy to obtain internal and external comments on the Draft

Guidance.

o	 Incorporate SAB, EPA, and external comments in developing the Final EJ Technical
 

Guidance for approval by the Administrator.
 

2.2 Activities

EJ in Rulemaking Guidance:

	 Announce March/April closure of public comment period via EJ listserve.

o	 Time Frame: Early March 2011

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Plan EJ 2014: Incorporating EJ into Rulemaking	 Draft Implementation Plan, March 1, 2011

	 Review internal and external comments provided during the Interim Final Implementation

period.

o Time Frame: June 2011

 Review documents produced by and interview members of EPA rule‐writing workgroups.

o Time Frame: October 2011

 Revise and release Guidance document.

o	 Time Frame:

 Draft to OCSPP, OP, and OAR principles by end of October 2011

 Draft to EJ Committee by mid‐November 2011

 Draft to ESC by end of November 2011

 Draft to Administrator by mid‐December 2011

 Release by end of December 2011

Guidance Implementation:

	 Distribute model training presentations to Agency‐wide and NPM‐specific regulatory

development trainers.

o	 Time Frame: March 2011

	 Initiate a continuous learning effort to identify effective practices and lessons learned from the

NPM’s ongoing rulemaking efforts.

o	 Time Frame: May 2011

	 Develop and commence implementation of a monitoring scheme to assess the extent to which

the guidance is being applied, the resources being devoted to its application, and the effect it

is having on rulemaking decisions.

o	 Time Frame: May 2011

EJ Technical Guidance:

	 Establish a cross‐Agency EJ Technical Guidance workgroup.

o Time Frame: Completed in February 2010

 Tier the EJ Technical Guidance as a Tier 1 Action in the Action Development Process.

o Time Frame: Completed in November 2010

 Obtain Early Guidance from Administrator.

o Time Frame: March 2011

 Establish, brief, and consult with special panel of the Science Advisory Board.

o	 Time Frame:

 Winter 2011: Establish special panel

 Spring 2011: Technical briefing on the draft outline with the panel

 Fall 2011: Consultation with the panel on first draft

 Develop Draft Technical Guidance.

o	 Time Frame:

 Draft for Internal Review by end of August 2011

 SAB consultation in Fall 2011

 Final draft in August 2012

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Plan EJ 2014: Incorporating EJ into Rulemaking	 Draft Implementation Plan, March 1, 2011

	 Obtain and evaluate Internal Comments on Draft Technical Guidance.

o Time Frame: August 2011 and Winter 2012

 Develop and release Final Technical Guidance.

o	 Time Frame: End of August 2012

2.3 Community Engagement and Stakeholder Partnership Plan

	 Consultations at regularly scheduled National Environmental Justice Advisory Council meetings

and conference calls.

	 Solicitation of internal and external comments via established web sites.

	 Engagement with state and local governments through consortia and direct contact, to the

extent possible.

	 Coordination with outreach activities of the other Plan EJ 2014 initiatives.

	 Technical briefings and consultation with a special panel of the EPA Science Advisory Board.

	 Consultations at regularly scheduled CHPAC Meetings.

	 Consultations at regularly scheduled Technical Conferences/Meetings.

2.4 Adjustments

Interim Final and Draft documents will be adjusted in being elevated to final status and may be

subsequently adjusted based on experience and lessons learned during implementation.

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Plan EJ 2014: Incorporating EJ into Rulemaking Draft Implementation Plan, March 1, 2011

3.0 DELIVERABLES
 

ACTIVITIES DELIVERABLES MILESTONES

Develop Final EJ in  Report Summarizing Internal and  Commence: January,

Rulemaking Guidance External Comments, Rulewriting

Documentation Assessment, and

Experiences of EPA Rule‐Writers in

Implementing Interim Final Guidance

 Draft Final Guidance on Considering

Environmental Justice During the

Development of an Action

2011

 Complete: October, 2011

 Commence: August, 2011

 Complete: October, 2011

 Draft Final Guidance on Considering

Environmental Justice During the

Development of an Action

 Commence: November,

2011

 Complete: December,

2011

Facilitate and Monitor  Distribute model training presentations  March, 2011

Implementation of the to Agency and NPM regulatory

Guidance development trainers

 Initiate a continuous learning effort to

identify effective practices and lessons

learned from the NPM’s ongoing

rulemaking efforts

 Develop and commence implementing

a monitoring scheme to assess the

extent to which the guidance is being

applied, the resources being devoted to

its application, and the effect it is

having on rulemaking decisions

 May, 2011

 May, 2011

Develop Draft and Final EJ

Technical Guidance

 Draft Final Technical Guidance on

Considering Environmental Justice

During the Development of an Action

 Commence: February,

2010

 Complete: August, 2012

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Plan EJ 2014: Incorporating EJ into Rulemaking Draft Implementation Plan, March 1, 2011

3.2 Measures

Performance measures tracking progress in implementing this plan are the milestones established

in Section 3.1 above, augmented by more detailed interim milestones as they are established.

Implementation of the guidance to be developed under this plan may support development of

future outcome and activity measures.

3.3 Reports

Reporting on progress in implementing this plan will occur as required in preparing for meeting

the scheduled deliverables. Annual progress reports will be provided and updates to this

Implementation Plan will be made at that time. For information, please contact: Mike Burns, 202‐

564‐8273, burns.mike@epa.gov or Kelly Maguire, 202‐566‐2273, maguire.kelly@epa.gov.

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Plan EJ 2014: Incorporating EJ into Rulemaking Draft Implementation Plan, March 1, 2011

4.0 APPENDICES

Appendix A: Acronyms

ADP Action Development Process

CHPAC Children’s Health Protection Advisory Committee

DAA Deputy Assistant Administrator

DRA Deputy Regional Administrator

EJ Environmental Justice

ESC Executive Steering Committee

EMC Executive Management Council

NPM National Program Manager

OCSPP Office of Chemical Safety and Pollution Prevention

OECA Office of Enforcement and Compliance Assistance

OEJ Office of Environmental Justice

OP Office of Policy

ORD Office of Research and Development

SAB Science Advisory Board

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