Updated August 2, 2018
Role of the U.S. Environmental Protection Agency in
Environmental Justice
Executive Order 12898
What Is Environmental Justice?
The role of the U.S. Environmental Protection Agency
What constitutes environmental justice has been an ongoing
(EPA) in environmental justice is rooted in Executive Order
issue for many years. There is no definition of
(E.O.) 12898, Federal Actions to Address Environmental
environmental justice in federal law. Some have interpreted
Justice in Minority Populations and Low-Income
the terms “environmental justice (or injustice)” and
Populations, signed by President Bill Clinton on February
“environmental equity (or inequity)” broadly to describe the
11, 1994. E.O. 12898 directs each executive department and
perceived disproportionate impacts of pollution across
agency, including EPA, to “make achieving environmental
populations that possess different demographic
justice part of its mission.”
characteristics (e.g., age, gender, race, national origin,
occupation, income, or language). Some have also raised
The consideration of environmental justice across federal
concerns about environmental justice in terms of access to
programs and activities is not mandated in statute. E.O.
natural resources and recreational opportunities as part of a
12898 more generally directs executive departments and
broader focus on the environment than just pollution from
agencies to integrate environmental justice into their
anthropogenic sources.
respective missions to “the greatest extent practicable and
permitted by law.” Some departments and agencies have
Stakeholder concerns about the consideration of
incorporated the consideration of environmental justice into
environmental justice in the implementation of EPA
their respective regulations to carry out the E.O.
programs and activities have generally focused on the
protection of certain populations that may be
E.O. 12898 itself does not establish federal law but is a
disproportionately exposed to potentially hazardous or toxic
presidential directive for the management of executive
substances. Economic impacts may also be cited as an
departments and agencies that instructs the implementation
environmental justice concern, such as perceived effects of
of existing law. (See CRS Report RS20846, Executive
the presence of pollution sources on property values.
Orders: Issuance, Modification, and Revocation, by Todd
Garvey.) The E.O. is not judicially enforceable and
E.O. 12898 refers to environmental justice in terms of
explicitly precludes “any right of judicial review involving
disproportionately high and adverse human health or
the compliance or noncompliance of the United States, its
environmental impacts specifically on minority and low-
agencies, officers, or any other person with this order.”
income populations. In its role under E.O. 12898, EPA has
Although amended by E.O. 12948 in 1995, E.O. 12898 has
generally defined environmental justice as the “fair
not been revoked or further amended under the current or
treatment and meaningful involvement of all people
previous Administrations to date and continues to apply to
regardless of race, color, national origin, or income, with
executive departments and agencies. E.O. 12948 amended
respect to the development, implementation, and
time frames for certain actions directed in E.O. 12898, but
enforcement of environmental laws, regulations, and
all other provisions have remained unchanged.
policies.” Other federal departments and agencies may
tailor their definition of environmental justice to their
Under E.O. 12898, executive departments and agencies are
respective missions.
responsible for interpreting the statutes that authorize their
respective programs and activities to determine the extent to
EPA Implementation
which environmental justice may be incorporated as a facet
EPA’s Office of Environmental Justice (OEJ), administered
of implementation. Some agency programs or activities
within the Office of Enforcement and Compliance
may not incorporate environmental justice or may
Assurance (OECA), coordinates the implementation of E.O.
incorporate it in a more limited capacity. Although the
12898 within the agency to integrate environmental justice
authorizing statutes do not explicitly preclude consideration
into policies and programs across the agency’s headquarters
of environmental justice, some implementation criteria may
and regional offices. The OEJ also administers EPA
be inconsistent with such considerations. For example,
environmental justice grants and may provide information
federal environmental laws that authorize the permitting of
and technical assistance to other federal departments and
industrial facilities do not allow the denial of a permit
agencies in their implementation of E.O. 12898. Established
solely because of proximity to a particular community
just prior to the E.O. on September 30, 1993, the National
based on its demographics, although, during permitting
Environmental Justice Advisory Council has also served as
actions, certain communities may cite proximity as an
a federal independent advisory committee to EPA and has
environmental justice concern. From a scientific standpoint,
continued to consult with the agency in its implementation
potential health risks in such situations would depend on
of the E.O.
exposure to pollutants, not proximity alone.
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Role of the U.S. Environmental Protection Agency in Environmental Justice
EPA Environmental Justice Progress Reports
from FY2012 to FY2018 for the Environmental Justice
EPA issues annual progress reports summarizing how the
program area within the EPA Environmental Programs and
agency seeks to incorporate the principles of environmental
Management account (not adjusting for inflation). The OEJ
justice into its programs, pursuant to the E.O. The Trump
uses these funds to administer grants and technical
Administration issued the Environmental Justice FY2017
assistance and coordinate the incorporation of
Progress Report in April 2018. The report highlights
environmental justice across the agency’s offices and
“measureable environmental outcomes” among minority,
programs to carry out the E.O. The President proposed to
low-income, tribal, and indigenous communities in three
transfer the OEJ from OECA to the Office of Policy in
primary areas: fine particulate air pollution, small drinking
FY2019 and requested a $4.74 million reduction in funding,
water systems, and tribal drinking water systems. The
from $6.74 million enacted for FY2018 to $2.0 million for
report also outlines recommendations of the National
FY2019. H.R. 6147 as passed in the House would provide
Environmental Justice Advisory Council. EPA issued its
$6.0 million. The Senate-passed version of the bill would
multi-year EJ 2020 Action Agenda under the Obama
provide $6.74 million. Both versions of the bill were silent
Administration outlining the agency’s plans to incorporate
on the proposed transfer of the OEJ.
environmental justice into its mission from 2016 to 2020.
Figure 1. Appropriations for EPA Environmental
EJSCREEN
Justice Grants and Coordination: FY2012-FY2018
Launched for public use in 2015, EPA’s EJSCREEN is a
Enacted and FY2019 Request, House, and Senate
screening and mapping tool intended to provide
(not adjusted for inflation)
environmental and demographic data for specific locations.
EPA categorizes EJSCREEN as a resource for stakeholders
and communities to evaluate the overlap between
environmental conditions and demographic characteristics
to inform public comments on proposed rulemaking,
permitting, and other regulatory actions. EPA emphasizes
that EJSCREEN is not intended to identify environmental
justice communities, quantify specific risk values for a
selected area, measure cumulative impacts of multiple
environmental factors, or form the basis of agency
determinations of the existence or absence of environmental
justice concerns.
EPA Guidance for Regulatory Analysis
Source: Prepared by CRS using information from the Congressional
Issued in June 2016, the EPA Technical Guidance for
Record (explanatory statements); and House, Senate, and conference
Assessing Environmental Justice in Regulatory Analysis
committee reports. Enacted amounts appropriated within EPA’s
(EJTG) establishes procedures for evaluating environmental
Environmental Programs and Management account reflect rescissions
justice concerns potentially associated with agency
and supplemental appropriations.
regulatory actions. The EJTG is intended to provide
consistency across EPA’s programs and offices in
Federal Interagency Working Group on
integrating environmental justice into the implementation
Environmental Justice
and enforcement of the federal statutes that the agency
E.O. 12898 directed the establishment of the Federal
administers in coordination with delegated states. The
Interagency Working Group on Environmental Justice (EJ
EJTG supplements EPA’s final Guidance on Considering
IWG) to facilitate collaboration among federal departments
Environmental Justice During the Development of a
and agencies. Chaired by EPA, the EJ IWG has established
Regulatory Action, issued in May 2015. However, the
several standing committees and may create others as
federal environmental statutes that authorize EPA
needed to carry out various aspects of the E.O.
regulations do not specify environmental justice as a
The heads of the 17 federal departments and agencies that
criterion for agency decisions. These statutes address the
comprise the EJ IWG adopted a charter in a 2011
protection of human health and the environment among the
“Memorandum of Understanding.” As revised in 2014, the
general public regardless of population demographics.
charter provides a framework and guidance to address
EPA Appropriations
coordination among individual departments and agencies in
implementing E.O. 12898. In March 2016, the working
There is no consolidated line item of funding for EPA’s
group released its EJ IWG Framework for Collaboration:
implementation of E.O. 12898 within the annual
Fiscal Years 2016-2018. To carry out E.O. 12898, EPA and
appropriations acts that fund the agency. Although there is
other departments and agencies have also developed
no separately explicit program authority, Congress has
various strategies, policies, and guidelines over time to
provided specific funding in annual appropriations acts
incorporate environmental justice into their programs and
primarily for environmental justice grants to assist
activities within the confines of existing law.
potentially disproportionately affected communities. Other
EPA funding to implement the E.O is generally integrated
Robert Esworthy, Specialist in Environmental Policy
across the agency’s appropriations accounts that fund its
David M. Bearden, Specialist in Environmental Policy
programs to the extent allowed under the statutes that
authorize them. Figure 1 presents enacted appropriations
IF10529
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Role of the U.S. Environmental Protection Agency in Environmental Justice
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