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

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

Updated September 7, 2023
Role of the U.S. Environmental Protection Agency in
Environmental Justice
The role of the U.S. Environmental Protection Agency
agencies and executive departments, restructure the IWGEJ
(EPA) in environmental justice is rooted in multiple
into the White House Environmental Justice Interagency
executive orders (E.O.s) and implemented through a wide
Council (Interagency Council), and establish the Justice40
range of agency programs and activities. Legislation has
initiative (discussed below), among other provisions. For
been introduced in multiple Congresses to require the
EPA specifically, E.O. 14008 directs the agency to
consideration of environmental justice in federal agency
administer the new White House Environmental Justice
decisions; this legislation has not been enacted to date.
Advisory Council. E.O. 14008 also directs the agency to
Environmental-justice-related E.O.s and examples of EPA’s
focus its enforcement efforts on violations that may have a
implementation of selected directives are discussed below.
“disproportionate impact on underserved communities” and
to build upon existing pollution monitoring and notification
Environmental Justice Executive Orders
programs for the public. E.O. 14008 further directs the
Three E.O.s, one issued by President Clinton and two by
Council on Environmental Quality (CEQ) to develop the
President Biden, direct EPA and other agencies to consider
Climate and Economic Justice Screening Tool (CEJST), a
environmental justice when carrying out agency programs
government-wide online mapping tool designed to assist
and activities, subject to existing law. E.O.s in themselves
federal agencies in identifying disadvantaged communities
generally do not establish federal law; they are presidential
for the purposes of the Justice40 initiative. CEQ released
directives for the management of executive departments
the first version of CEJST in November 2022.
and agencies that instruct the implementation of existing
law. Under the E.O.s, executive departments and agencies
E.O. 14096, Revitalizing Our Nation’s Commitment to
are responsible for interpreting the statutes that authorize
Environmental Justice for All, signed by President Biden on
their respective programs and activities to determine the
April 21, 2023, builds upon these two previous E.O.s and
extent to which environmental justice may be incorporated
amends certain provisions in them. E.O. 14096 sets out a
as a facet of their mission. Although the authorizing statutes
“whole-of-government” approach to environmental justice
do not explicitly preclude consideration of environmental
and applies to a broader scope of federal agencies than E.O.
justice, other implementation criteria established in law
12898, which generally limited its directives to IWGEJ
could be inconsistent with such considerations.
member agencies. E.O. 14096 establishes new directives
and expands other directives for federal agencies to make
On February 11, 1994, President Clinton signed the first
achieving environmental justice part of their missions,
E.O. focused on environmental justice, E.O. 12898, Federal
consistent with E.O. 12898 and subject to each agency’s
Actions to Address Environmental Justice in Minority
statutory authority. For example, E.O. 14096 directs each
Populations and Low-Income Populations, which directs
federal agency to submit an Environmental Justice Strategic
each executive department, EPA, and certain other agencies
Plan to CEQ. E.O. 14096 also modifies the membership of
to “make achieving environmental justice part of its
the Interagency Council and establishes a new White House
mission.” E.O. 12898 more generally directs executive
Office of Environmental Justice within CEQ.
departments and agencies to integrate environmental justice
into their respective missions to “the greatest extent
E.O. 14096 also directs federal agencies to consider
practicable and permitted by law.” Some departments and
environmental justice in the National Environmental Policy
agencies have incorporated the consideration of
Act (NEPA) federal environmental review process. (See
environmental justice into their respective regulations to
CRS Legal Sidebar LSB10590, Addressing Environmental
carry out E.O. 12898. E.O. 12898 also established the
Justice Through NEPA, for more information.) In addition,
Interagency Working Group on Environmental Justice
E.O. 14096 directs EPA to establish an online
(IWGEJ), comprising the heads of certain executive
environmental justice information clearinghouse, among
agencies and departments, including EPA. E.O. 12898
other responsibilities.
states that it is intended to supplement E.O. 12250 for
implementing Title VI of the Civil Rights Act of 1964,
What Is Environmental Justice?
which generally prohibits discrimination based on race,
What constitutes environmental justice has been an ongoing
color, or national origin in federally funded programs or
question for many years. There is no definition of
activities.
environmental justice in federal law. EPA generally has
defined environmental justice as the “fair treatment and
E.O. 14008, Tackling the Climate Crisis at Home and
meaningful involvement of all people regardless of race,
Abroad, signed by President Biden on January 27, 2021,
color, national origin, or income, with respect to the
amends E.O. 12898. Sections of E.O. 14008 expand the
development, implementation, and enforcement of
environmental justice directives to EPA and other federal
environmental laws, regulations, and policies.” Other
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Role of the U.S. Environmental Protection Agency in Environmental Justice
federal departments and agencies may tailor their
and local levels; (2) embedding environmental justice into
definitions of environmental justice to their respective
EPA’s programs, policies, and activities; and (3)
missions.
strengthening civil rights enforcement in communities with
environmental justice concerns.
E.O. 14096 specifies a new uniform definition of
environmental justice for consideration by EPA and all
EJSCREEN
other federal departments and agencies when implementing
Launched in 2015, EPA’s EJSCREEN is a screening and
E.O. directives, within the scope of existing laws. The E.O.
mapping tool intended to provide environmental and
defines environmental justice as “the just treatment and
demographic data for specific locations. EPA categorizes
meaningful involvement of all people, regardless of
EJSCREEN as a resource for stakeholders and communities
income, race, color, national origin, Tribal affiliation, or
to evaluate the overlap between environmental conditions
disability in agency decision making and other Federal
and demographic characteristics to inform public comments
activities that affect human health and the environment.”
on proposed rulemaking, permitting, and other regulatory
actions. EPA last updated the tool in 2023 to include
EPA Implementation
additional environmental and health data, new indexes, and
In 2022, EPA created a new Office of Environmental
additional map layers. EPA emphasizes that EJSCREEN is
Justice and External Civil Rights, which consolidated the
not intended to identify environmental justice communities
functions of existing agency offices, including the Office of
or form the basis of agency determinations of the existence
Environmental Justice previously organized within the
or absence of environmental justice concerns. EJSCREEN
Office of the Administrator. The new office is responsible
has a different purpose and uses a different methodology
for coordinating the implementation of the three E.O.s
than the CEJST government-wide screening tool discussed
(discussed above) throughout the agency, administering
above.
environmental justice grants, providing training and
technical assistance, developing and managing screening
Justice40
and mapping tools, and coordinating with other agencies in
E.O. 14008 directs CEQ and the Office of Management and
their consideration of environmental justice.
Budget (OMB), in consultation with federal departments
and agencies, to publish recommendations on “how certain
The National Environmental Justice Advisory Council
Federal investments might be made toward a goal that 40
(NEJAC), established prior to E.O. 12898, serves as a
percent of the overall benefits flow to disadvantaged
federal independent advisory committee to EPA. Since its
communities” in seven environmental, energy, and
creation on September 30, 1993, the NEJAC has consulted
infrastructure areas. In 2021, OMB released the Interim
with the agency on environmental justice matters and
Implementation Guidance for the Justice40 Initiative for
implementation of related E.O.s.
federal agencies, providing additional direction on
Justice40 for EPA and other agencies. In April 2023, as
EPA Guidance for Regulatory Analysis
directed under E.O. 14008, EPA released its first
The federal environmental statutes that authorize EPA to
Environmental Scorecard on Justice40 implementation
issue regulations do not specify environmental justice as a
covering FY2022, which identified 74 EPA Justice40
criterion for agency decisions. These statutes address the
covered programs, 40 related EPA funding announcements,
protection of human health and the environment regardless
and $14 million in available funding opportunities for
of population demographics.
Justice40 covered programs.
Issued in June 2016, the EPA Technical Guidance for
EPA Appropriations
Assessing Environmental Justice in Regulatory Analysis
There is no consolidated line-item of funding for EPA’s
establishes procedures for evaluating environmental justice
implementation of environmental-justice-related E.O.s
concerns potentially associated with agency regulatory
within the annual appropriations acts that fund the agency.
actions. This guidance is intended to provide consistency
across EPA’s programs and offices in integrating
Although there is no separately explicit program authority,
Congress has provided specific funding in annual
environmental justice into the implementation and
appropriations acts primarily for interagency coordination
enforcement of the federal statutes that the agency
and environmental justice grant programs. These grant
administers in coordination with delegated states. This June
2016 guidance supplements EPA’s
programs provide technical assistance and funding for state,
Guidance on
tribal, and community-based environmental justice
Considering Environmental Justice During the
activities. Other EPA funding to implement the E.O.s is
Development of a Regulatory Action, finalized in May
generally integrated across the agency’s appropriations
2015.
accounts that fund its programs within the scope of the
EPA Strategic Plan
authorizing statutes. Title II, Division G of the Consolidated
EPA’s FY2022
Appropriations Act, 2023 (P.L. 117-328) appropriated
-FY2026 strategic plan outlines the agency’s
$108.04 million to EPA for environmental justice. The
most recent approach to implementing E.O. 12898, E.O.
President’s FY2024 budget request includes $375.00
14008, and E.O. 13985, Advancing Racial Equity and
million for environmental justice at EPA.
Support for Underserved Communities Through the Federal
Government. In this strategic plan, the agency sets a goal to
Angela C. Jones, Analyst in Environmental Policy
“take decisive action to advance environmental justice and
civil rights” and outlines three related objectives: (1)
IF10529
promoting environmental justice at the federal, tribal, state,
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Role of the U.S. Environmental Protection Agency in Environmental Justice

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