### MEMORANDUM

SUBJECT: Posting EPA-HQ-OECA-2011-0293, Plan EJ 2014: Considering EJ Concerns in

EPA's Permitting Process

FROM: Charles Lee

Deputy Associate Assistant Admini strator for Environmental Justice

Office of Enforcement and Compliance Assurance

This memorandum authorizes the posti ng of EPA-HQ-OECA-2011-0293, Plan EJ 2014:

Considering EJ Concerns in EPA's Permitting Process

Plan EJ 2014 is the EPA’s roadmap to integrat ing environmental justice in the Agency’s

programs, policies and activities. An important principle for Plan EJ 2014 is transparency and

engagement with impacted communities and al l stakeholders. Since a Draft Plan EJ 2014

framework document was issued for public comment on July 27, 2010, EPA has developed

Implementation Plans for each of its nine cross-Agency elements, organized in two categories:

(1) Cross-Agency Focus Areas, and (2) Tools Development. These elements are:

Cross-Agency Focus Areas

 Incorporating Environmental Justice into Rulemaking

 Considering Environmental Justice in Permitting

 Advancing Environmental Justice through Compliance and Enforcement

 Supporting Community-Based Action Programs

 Administration-Wide Action on Environmental Justice

Tools Development

 Science

 Law

 Information

 Resources

We want you to help us identify ways in whic h we can strengthen these Implementation Plans.

We are accepting your comments from now through April 29, 2011 . We won’t be able to

respond to every individual comment, but we va lue your input and will give your ideas careful

consideration.

To help put your suggestions in proper context, we have opened ten dockets for this effort.

There is one docket for each of the nine elements listed above and one for general comments that

address Plan EJ 2014 overall or issues that span multiple elements of the plan. To share your

ideas, follow these steps:

1. Review the dockets listed below (Attachment 1), and select th e topic that best fits how

you wish to comment.

2. As you do, keep these considerations in mind:

###  We will uphold our mission to protect human health and the environment for all

people, including minority, low-income , indigenous and other overburdened

populations.

 Our Implementation Plans are designed to build on a foundation of strong science and

the application of existin g statutory authorities.

 We require measures to ensure transp arency, accountability, and stakeholder

engagement.

 To the extent practicable, we encourage appr oaches that foster environmental, health,

and economic benefits to achieve healt hy, sustainable, and green communities.

 Our Implementation Plans are tailored to reflect the Agency’s existing resources.

Please be as specific as possible when submitti ng your comments. We have provided questions

and categories to help you formul ate your ideas (Attachment 2) but do not intend to restrict the

issues that you may wish to address.

 Can you suggest major issues that could rece ive greater attention through this area of

Plan EJ 2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better fo cus on and address the concerns of minority,

low-income, indigenous and ot her overburdened populations?

 How can EPA better engage communities, our regulatory partners, a nd all stakeholders

when implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen

implementation of this area of Plan EJ 2014, and what steps should EPA take to address

such issues?

 What specific suggestions do you have for how EPA can work with other federal

agencies to accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, ini tiatives, partnerships that you would like to

bring to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and le ssons learned that you would li ke to share with EPA in

this area of Plan EJ 2014?

Submit your comments, identified by Docket ID No. EPA-HQ-OECA-2011-0293 by one of the

following methods:

 www.regulations.gov: Follow the on-line instructions for submitting comments.

 Mail : " Plan EJ 2014: Considering EJ Con cerns in EPA's Permitting Process "

Docket, Environmental Protection Agenc y, EPA Docket Center, Mailcode 28221T, 1200

Pennsylvania Ave, NW, Washington, DC 20460.

 Hand Delivery: " Plan EJ 2014: Considering EJ Concerns in EPA's Permitting

Process " Docket. EPA/DC, EPA West. Room 3334, 1301 Constitution

Avenue, NW, Washington, DC. Such de liveries are only accepted during the

Docket's normal hours of operation, and sp ecial arrangements should be made for

deliveries of boxed information.

### EPA's policy is that all comments received will be included in the public docket without change

and may be made available online at http: //www.regulations.gov, including any personal

information provided, unless the comment include s information claimed to be Confidential

Business Information (CBI) or other information whos e disclosure is restrict ed by statute. Do not

submit information that you consider to be CBI or otherwis e protected through

http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an

"anonymous access" system, which means EPA will not know your identity or contact

information unless you provide it in the body of your comment. If you send an e-mail comment

directly to EPA without going through http: //www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is placed in the public docket

and made available on the Internet. If you submit an electronic comment, EPA recommends that

you include your name and other contact informa tion in the body of your comment and with any

disk or CD- ROM you submit. If EPA cannot read your comment due to technical difficulties

and cannot contact you for clarification, EPA ma y not be able to consider your comment.

Electronic files should avoid the us e of special characters, avoid any form of encryption, and be

free of any defects or viruses. For additional in formation about EPA's public docket, visit the

EPA Docket Center homepage at http://www.cpa.gov/cpallomc/dockets.htm

.

Should you have questions regarding this memorandum, please contact Charles Lee at 202-564-

2597, or via email at lee.charles@epa.gov

Attachments:

1) Table of Docket Categories and Titles

2) Questions to Help You formulate Your CommentsCategory and Docket Title Docket ID

By Cross

‐ Agency Focus Area

Plan EJ 2014: Rulemaking

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Incorporating

Environmental Justice into Rulemaking EPA-HQ-OECA2011-0291

Plan EJ 2014: Permitting

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Considering

Environmental Justice in Permitting EPA-HQ-OECA2011-0293

Plan EJ 2014: Compliance and Enforcement

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Advancing

Environmental Justice through Compliance and Enforcement EPA-HQ-OECA2011-0297

Plan EJ 2014: Community

‐ Based Action

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Supporting

Community

‐ Based Action Programs EPA-HQ-OECA2011-0296

Plan EJ 2014: Interagency Coordination

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Administration

‐ Wide

Action on Environmental Justice EPA-HQ-OECA2011-0298

By Tools Development Area

Plan EJ 2014: Science Tools Development

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Science Tools

Development EPA-HQ-OECA2011-0290

Plan EJ 2014: Legal Tools Development

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Legal Tools

Development EPA-HQ-OECA2011-0294

Plan EJ 2014: Information Tools Development

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Information Tools

Development EPA-HQ-OECA2011-0295

Plan EJ 2014: Resources Tools Development

This docket contains public suggestions on how EPA can strengthen its EJ 2014

Implementation Plans for a Cross

‐ Agency Focus Area, specifically: Resources Tools

Development EPA-HQ-OECA2011-0292

General

Plan EJ 2014: General

This docket contains general public suggestions regarding ways to strengthen EPA’s

roadmap to integrating environmental justice in its programs, policies and activities. This

docket should be used when the commenter is not sure what other category to choose,

or if the comment addressed Plan EJ 2014 as a whole or spans multiple categories. EPA-HQ-OECA2011-0299Attachment 2

Plan EJ 2014: Strengthening Implementation Plans to Integrate Environmental Justice in EPA Programs,

Policies and Activities



## Questions to Help You Formulate Your Comments

Plan EJ 2014 is the roadmap to integrate environmental justice into EPA’s programs, policies and

activities. As part of EPA’s commitment to transparency and engagement with impacted communities

and all stakeholders, we are seeking input on these Draft Implementation Plans. Since a Draft Plan EJ

2014 framework document was issued for public comment on July 27, 2010, EPA has developed Draft

Implementation Plans for each of Plan EJ 2014’s nine elements, organized in two categories: (1) Cross

‐

Agency Focus Areas, and (2) Tools Development. These elements are:

Cross

‐ Agency Focus Areas

 Incorporating Environmental Justice into Rulemaking

 Considering Environmental Justice in Permitting

 Advancing Environmental Justice through Compliance and Enforcement

 Supporting Community

‐ Based Action Programs

 Administration

‐ Wide Action on Environmental Justice

Tools Development

 Science

 Law

 Information

 Resources

We want you to help us identify ways in which we can strengthen these Implementation Plans. We are

accepting your comments from now through 4/29/2011. We won’t be able to respond to every

individual comment, but we value your input and will give your ideas careful consideration.

To share your ideas, please follow these steps:

1. Review the categories below, and select the topic(s) that best fits how to wish to comment.

2. As you do, keep these key considerations in mind:

 We will uphold our mission to protect human health and the environment for all people,

including minority, low

‐ income, indigenous and other overburdened populations.

 Our Implementation Plans are designed to build on a foundation of strong science and the

application of existing statutory authorities.

 We require measures to ensure transparency, accountability, and stakeholder engagement.

 To the extent practicable, we encourage approaches that foster environmental, health, and

economic benefits to achieve healthy, sustainable, and green communities. Our Implementation Plans are tailored to reflect the Agency’s existing resources.

Please be as specific as possible when submitting your comments. We have provided questions and

categories to help you formulate your ideas (Attachment 2), but do not intent to restrict the issues that

you may wish to address.

 Can you suggest major issues that could receive greater attention through Plan EJ 2014, and

what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in each of

the nine areas covered by Plan EJ 2014?

Categories by which you may comment

1. Cross

‐ Agency Focus Areas

a. Incorporating Environmental Justice into Rulemaking

b. Considering Environmental Justice in Permitting

c. Advancing Environmental Justice through Compliance and Enforcement

d. Supporting Community

‐ Based Action Programs

e. Administration

‐ Wide Action on Environmental Justice

2. Tools Development

a. Science

b. Law

c. Information

d. Resources

3. General

‐ This docket contains general public suggestions regarding ways to strengthen EPA’s

roadmap to integrating environmental justice in its programs, policies and activities. This docket

should be used when the commenter is not sure what other category to choose, or if the comment

addressed Plan EJ 2014 as a whole or spans multiple categories.



## Areas for Consideration

Incorporating Environmental Justice into Rulemaking

(Docket #) EPA-HQ-OECA-2011-0291 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?



### Considering Environmental Justice in Permitting

(Docket #) EPA-HQ-OECA-2011-0293

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?



### Advancing Environmental Justice through Compliance and Enforcement

(Docket #) EPA-HQ-OECA-2011-0297

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014? Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?



### Supporting Community

‐ Based Action Programs

(Docket #) EPA-HQ-OECA-2011-0296

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?



### Administration

‐ Wide Action on Environmental Justice

(Docket #) EPA-HQ-OECA-2011-0298

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014? Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?



### Science Tools Development

(Docket #) EPA-HQ-OECA-2011-0290

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?



### Legal Tools Development

(Docket #) EPA-HQ-OECA-2011-0294

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?

### Information Tools Development

(Docket #) EPA-HQ-OECA-2011-0295

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?



### Resources Tools Development

(Docket #) EPA-HQ-OECA-2011-0292

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?General

(Docket #) EPA-HQ-OECA-2011-0299

 Can you suggest major issues that could receive greater attention through this area of Plan EJ

2014, and what steps should EPA take to address such issues?

 In what ways can our strategies better focus on and address the concerns of minority, low

‐

income, indigenous and other overburdened populations?

 How can EPA better engage communities, our regulatory partners, and all stakeholders when

implementing this area of Plan EJ 2014?

 Are there scientific or legal issues that could be clarified in order to strengthen implementation

of this area of Plan EJ 2014, and what steps should EPA take to address such issues?

 What specific suggestions do you have for how EPA can work with other federal agencies to

accomplish the goals of this area of Plan EJ 2014?

 Are there particular communities, projects, initiatives, partnerships that you would like to bring

to our attention to accomplish the goals of this area of Plan EJ 2014?

 How can EPA foster environmental, health and economic benefits for overburdened

communities through the actions of this area of Plan EJ 2014?

 Are there success stories and lessons learned that you would like to share with EPA in this area

of Plan EJ 2014?