Updated August 29, 2019
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 the Administrator, coordinates the
may not incorporate environmental justice or may
implementation of E.O. 12898 within the agency to
incorporate it in a more limited capacity. Although the
integrate environmental justice into policies and programs
authorizing statutes do not explicitly preclude consideration
across the agency’s headquarters and regional offices. OEJ
of environmental justice, some implementation criteria may
also administers EPA environmental justice grants and may
be inconsistent with such considerations. For example,
provide information and technical assistance to other
federal environmental laws that authorize the permitting of
federal departments and agencies in their implementation of
industrial facilities do not allow the denial of a permit
E.O. 12898. Prior to early 2018, OEJ was managed within
solely because of proximity to a particular community
EPA’s Office of Enforcement and Compliance Assurance.
based on its demographics, although, during permitting
actions, certain communities may cite proximity as an
Established just prior to the E.O. on September 30, 1993,
environmental justice concern. From a scientific standpoint,
the National Environmental Justice Advisory Council
potential health risks in such situations would depend on
(NEJAC) has also served as a federal independent advisory
exposure to pollutants, not proximity alone.
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link to page 2
Role of the U.S. Environmental Protection Agency in Environmental Justice
committee to EPA and has continued to consult with the
EPA funding to implement the E.O is generally integrated
agency in its implementation of the E.O.
across the agency’s appropriations accounts that fund its
programs to the extent allowed under the statutes that
EPA Environmental Justice Progress Reports
authorize them. Figure 1 presents enacted appropriations
EPA issues annual progress reports summarizing how the
from FY2012 to FY2019 and proposed FY2020
agency seeks to incorporate the principles of environmental
appropriations for the Environmental Justice program area
justice into its programs, pursuant to the E.O. Most
within the EPA Environmental Programs and Management
recently, the Trump Administration issued the EPA Annual
account (not adjusting for inflation). OEJ uses these funds
Environmental Justice Progress Report FY2018 (August
for grants, technical assistance, and coordination described
2019). The report provides an overview of EPA’s activities
above. For this program area, the President requested $2.7
during FY2018, including in its regional offices, as well as
million for FY2020, a $4.0 million reduction from $6.74
efforts through partnerships with federal, state and local
million enacted for FY2019. As passed by the House on
governments, tribes, and communities. The report also
June 25, 2019, Title II in Division C of H.R. 3055 would
highlights the activities of the Office of Community
provide $9.6 million. Senate action on EPA appropriations
Revitalization (formerly the Office of Sustainability) and
as yet has not been completed.
the NEJAC. EPA is operating under its multi-year EJ 2020
Action Agenda that outlines the agency’s plans to
Figure 1. Appropriations for EPA Environmental
incorporate environmental justice into its mission from
Justice Grants and Coordination: FY2012-FY2019
2016 to 2020, issued during the Obama Administration.
Enacted and FY2020 Proposed
(not adjusted for inflation)
EJSCREEN
Launched in 2015, EPA’s EJSCREEN is a screening and
mapping tool intended to provide 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.
Interagency Working Group on Environmental Justice (EJ
IWG) to facilitate collaboration among federal departments
The EJTG supplements EPA’s final Guidance on
and agencies. Chaired by EPA, the EJ IWG has established
Considering Environmental Justice During the
several standing committees and may create others as
Development of a Regulatory Action, issued in May 2015.
needed to carry out various aspects of the E.O.
However, the federal environmental statutes that authorize
EPA regulations do not specify environmental justice as a
The heads of the 17 federal departments and agencies that
comprise the EJ IWG adopted a charter in a 2011
criterion for agency decisions. These statutes address the
“
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
coordination among individual departments and agencies in
EPA Appropriations
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:
Fiscal Years 2016-2018. To carry out E.O. 12898, EPA and
implementation of E.O. 12898 within the annual
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
incorporate environmental justice into their programs and
provided specific funding in annual appropriations acts
primarily for environmental justice grants to assist
activities within the confines of existing law.
potentially disproportionately affected communities. Other
Robert Esworthy, Specialist in Environmental Policy
https://crsreports.congress.gov

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Role of the U.S. Environmental Protection Agency in Environmental Justice

IF10529
David M. Bearden, Specialist in Environmental Policy


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https://crsreports.congress.gov | IF10529 · VERSION 5 · UPDATED

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