U.S. Environmental Protection Agency (EPA) Environmental Justice Activities and Programs
Congressional research reportFeb 13, 2024
Ask Donna
What actually matters in this document.
Text
U.S. Environmental Protection Agency (EPA)
Environmental Justice Activities and
Programs
February 13, 2024
Congressional Research Service
https://crsreports.congress.gov
R47920
SUMMARY
U.S. Environmental Protection Agency (EPA)
Environmental Justice Activities and Programs
For decades, policymakers and stakeholders have raised concerns regarding the disproportionate
effects of environmental pollution among different communities and populations in the United
States. Since the early 1990s, whether and how to address these environmental justice (or
injustice) concerns has been a topic of debate in Congress.
R47920
February 13, 2024
Angela C. Jones
Analyst in Environmental
Policy
The consideration of environmental justice across federal programs and activities is not mandated
in statute. Beginning in 1994, several executive orders (E.O.s) have provided direction to federal agencies to incorporate
environmental justice considerations in their policies and programs, within the bounds of existing statutes. By themselves,
these E.O.s do not establish federal law, but are presidential directives that instruct the implementation of existing law.
Some Members and stakeholders have expressed interest in how the U.S. Environmental Protection Agency (EPA) addresses
environmental justice concerns and what options might be available to Congress for amending agency authorities or directing
implementation of programs related to environmental justice. The role of the EPA in environmental justice is rooted in three
E.O.s, beginning with E.O. 12898, signed by President Bill Clinton on February 11, 1994. E.O. 12898 directs each executive
department, EPA, and certain other agencies to “make achieving environmental justice part of its mission.” E.O. 14008,
signed by President Joe Biden on January 27, 2021, amends E.O. 12898. Sections of E.O. 14008 expand the environmental
justice directives of EPA and other federal departments and agencies and establish the Justice40 initiative, among other
provisions. E.O. 14008 also directs the Council on Environmental Quality to develop the Climate and Economic Justice
Screening Tool. E.O. 14096, signed by President Biden on April 21, 2023, sets out a “whole-of-government” approach to
environmental justice and applies to a broader scope of federal agencies than E.O. 12898.
EPA’s Office of Environmental Justice and External Civil Rights is responsible for coordinating the implementation of the
three E.O.s throughout the agency, administering environmental justice grants, providing training and technical assistance,
developing and managing screening and mapping tools, and coordinating with other agencies in their consideration of
environmental justice. EPA participates in the White House Environmental Justice Interagency Council, and as directed in
E.O. 14008, provides administrative support to the White House Environmental Justice Advisory Council. EPA also
administers EJSCREEN, an online screening and mapping tool intended to provide environmental and demographic data for
specific locations through the use of EJ Indexes. Since the early 1990s, EPA has also administered the National
Environmental Justice Advisory Group, which provides nonbinding advice and recommendations to the agency on
environmental justice matters.
Although annual appropriations acts do not typically contain a consolidated line item for EPA implementation of
environmental-justice-related E.O.s, Congress has provided specific funding to EPA for environmental justice grants,
technical assistance, and interagency coordination. The Consolidated Appropriations Act, 2023 (P.L. 117-328) included a
total of $108.0 million to EPA for environmental justice within two of the agency’s appropriation accounts. EPA implements
several environmental-justice-related grant programs that provide federal assistance to states, tribes, local governments, and
community-based organizations. EPA established these environmental justice grant programs to meet the directives of E.O.
12898, E.O. 14008, and other E.O.s, beginning with the Environmental Justice Small Grants program in 1994. In 2022, in the
measure commonly referred to as the Inflation Reduction Act (IRA; P.L. 117-169), Congress appropriated a total of $3.0
billion to EPA for “Climate and Environmental Justice” grants.
Since the 102nd Congress, Members have introduced nearly 200 bills addressing environmental justice and have held
numerous hearings on environmental justice legislation and related issues. When developing legislation or conducting
oversight of EPA related to environmental justice concerns, Congress may consider a range of policy issues, such as whether
to codify E.O. directives, expand or prohibit the statutory authorities for agencies to consider environmental justice issues in
decisionmaking, increase or limit research and data collection to inform policy decisions that may affect certain communities
or populations, and adjust appropriation levels for environmental justice grants and other EPA activities.
Congressional Research Service
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Contents
Introduction ..................................................................................................................................... 1
What Is Environmental Justice? ...................................................................................................... 1
EPA’s Role in Environmental Justice Under Executive Orders ....................................................... 2
E.O. 12898 ................................................................................................................................ 3
E.O. 14008 ................................................................................................................................ 4
E.O. 14096 ................................................................................................................................ 6
EPA Implementation of Executive Orders ....................................................................................... 7
EPA Policy................................................................................................................................. 7
EPA Justice40 Implementation and Covered Programs ............................................................ 8
EJSCREEN ............................................................................................................................... 9
Interagency and Advisory Councils .......................................................................................... 9
White House Environmental Justice Interagency Council.................................................. 9
White House Environmental Justice Advisory Council (WHEJAC) ................................ 10
National Environmental Justice Advisory Council (NEJAC) ........................................... 10
EPA Environmental Justice Appropriations................................................................................... 10
Environmental Justice Grants ........................................................................................................ 12
Current Environmental Justice Grant Programs...................................................................... 12
Issues for Congress ........................................................................................................................ 14
Selected Congressional Activity.............................................................................................. 14
Selected Policy Issues ............................................................................................................. 16
Figures
Figure 1. Regular Annual Appropriations for Selected EPA Environmental Justice
Activities and Programs, FY2013-FY2023 ................................................................................. 11
Tables
Table 1. Environmental Justice Bills Related to EPA Programs and Activities............................. 15
Appendixes
Appendix. White House Environmental Justice Interagency Council Membership ..................... 18
Contacts
Author Information........................................................................................................................ 19
Congressional Research Service
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Introduction
For decades, concerns regarding disproportionate effects of environmental pollution among
different communities and populations in the United States have been a topic of policy
discussions in Congress. Policymakers and stakeholders seeking to address issues of
environmental justice (or injustice) emphasize variations in both the severity and magnitude of
impacts from pollution on certain groups, such as racial or ethnic minorities and low-income
populations.
The explicit consideration of environmental justice across federal programs and activities is not
mandated in federal statute. Beginning in 1994, several executive orders (E.O.s) have provided
direction to federal agencies to incorporate environmental justice considerations in their policies
and programs, within the bounds of existing statutes. In addition to providing general direction to
many federal agencies and departments, these E.O.s provide specific direction for the role of the
U.S. Environmental Protection Agency (EPA). Some policymakers and stakeholders express
interest in how EPA addresses environmental justice concerns and what options might be
available to Congress for amending agency authorities or directing implementation of additional
programs related to environmental justice.
This report provides an overview of EPA’s historic and current role in environmental justice. The
report discusses the term environmental justice; outlines the E.O.s that provide the foundation for
EPA’s consideration of environmental justice in its policies and activities; describes selected EPA
environmental justice programs; reviews EPA environmental-justice-related grant programs;
analyzes trends in environmental-justice-related appropriations to EPA; and highlights selected
EPA-related environmental justice policy issues that may be of interest to Congress. Other topics
such as other E.O.s. that may address related public health, racial, or economic justice issues are
beyond the scope of this report. This report focuses on EPA’s general policies and selected
activities in implementing selected E.O.s and does not provide a comprehensive analysis of all
EPA activities that may be related to environmental justice or analysis of other federal agency
responsibilities related to environmental justice.
What Is Environmental Justice?
The term environmental justice is not defined in federal law in a manner applicable across federal
agencies or activities. Some have interpreted the terms environmental justice (or injustice) and
environmental equity (or inequity) to describe the perceived disproportionate impacts of pollution
across populations that possess different demographic characteristics (e.g., age, gender, race,
national origin, occupation, income, or language). Some stakeholders have also raised concerns
about environmental justice in terms of access to natural resources and recreational opportunities
as part of a broader focus on the environment than just pollution from anthropogenic sources.
Federal agencies, states, local governments, and interest groups have established various
definitions of environmental justice and ascribed different goals and pathways to achieving
environmental justice.
Stakeholder concerns about the consideration of environmental justice in the implementation of
EPA programs and activities have generally focused on the protection of certain populations that
may be disproportionately exposed to potentially hazardous or toxic substances. Economic
impacts may also be cited as an environmental justice concern, such as perceived effects on
property values in areas where pollution sources are located.
Congressional Research Service
1
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Although there is not a definition of the term environmental justice in federal law that can be
broadly applied, two definitions exist within relatively narrow contexts. One exception is found in
statute and one in regulation.
The Long Island Sound Stewardship Act of 2006 (P.L. 109-359) defines environmental justice for
the specific purpose of designating natural-resource-based recreation areas by cross-referencing
the definition codified in federal regulation at 33 C.F.R. §385.3. This definition applies only to
the purposes of the act and does not apply to other federal law. This cross-referenced definition is
the only federal regulatory definition of environmental justice. It was promulgated by the U.S.
Army Corps of Engineers in 33 C.F.R. §385.3 specifically for the purpose of a “Comprehensive
Everglades Restoration Plan.”1 The provision defines environmental justice as “identifying and
addressing, disproportionately high and adverse human health or environmental effects of a
Federal agency’s programs, policies, and activities on minority and low-income populations, in
accordance with applicable laws, regulations, and Executive Orders.”
Some other statutes involve objectives that are similar in purpose to environmental justice, but do
not use the terms environmental justice or environmental equity.
At the federal level, consideration of environmental justice is rooted in a series of E.O.s issued by
President Clinton and President Biden, discussed in detail in the next section. In addition, to carry
out certain E.O. directives, the Council on Environmental Quality (CEQ) has issued guidance for
all federal departments and agencies on incorporating environmental justice considerations in
National Environmental Policy Act (NEPA) reviews for some purposes.2 For more information,
see CRS Legal Sidebar LSB11008, Environmental Justice and the National Environmental Policy
Act.
EPA’s Role in Environmental Justice Under
Executive Orders
Three E.O.s—E.O. 12898, E.O. 14008, and E.O. 14096—direct EPA and other agencies to
consider environmental justice when carrying out agency programs and activities, subject to
existing law.3 By themselves, these E.O.s. generally do not establish federal law but are
presidential directives for the management of executive departments and agencies that instruct the
implementation of existing law.4 Under these E.O.s, executive departments and agencies are
responsible for interpreting the statutes that authorize their respective programs and activities to
determine the extent to which environmental justice may be incorporated as a facet of their
mission.
The federal environmental statutes that authorize EPA regulations do not specify environmental
justice as a criterion for agency decisions. These statutes generally address the protection of
1 This definition of environmental justice applies only to the U.S. Army Corps of Engineers’ activities under the
referenced regulation.
2 The Council on Environmental Quality (CEQ) developed guidance originally to carry out the directives for
consideration of environmental justice under E.O. 12898. E.O. 14096 also directs agencies to consider certain
environmental-justice-related factors in the National Environmental Policy Act (NEPA) review process.
3 E.O. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations,” 59 Federal Register 7629, February 16, 1994; E.O. 14008, “Tackling the Climate Crisis at Home and
Abroad,” 86 Federal Register 7619, February 1, 2021; E.O. 14096, “Revitalizing Our Nation’s Commitment to
Environmental Justice for All,” 88 Federal Register 25251, April 26, 2023.
4 For more information on executive orders, see CRS Report R46738, Executive Orders: An Introduction, coordinated
by Abigail A. Graber.
Congressional Research Service
2
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
human health and the environment regardless of population characteristics and demographics.
Although the authorizing statutes do not explicitly preclude consideration of environmental
justice, other implementation criteria required by law could be inconsistent with such
considerations. For example, federal environmental laws that authorize the permitting of
industrial facilities do not allow the denial of a permit solely because of proximity to a particular
community based on its demographics, although during permitting actions, certain communities
may cite proximity as an environmental justice concern. From a scientific standpoint, potential
health risks in such situations would depend on a range of factors, including exposure to
pollutants, not proximity alone.
The previously identified E.O.s directing federal considerations and actions on environmental
justice are also intended to supplement considerations under federal civil rights law prohibiting
discrimination. For example, E.O. 12898, discussed below, states that it is intended to supplement
E.O. 12250 for implementing Title VI of the Civil Rights Act of 1964, which generally prohibits
discrimination based on race, color, or national origin in federally funded programs or activities.5
The three E.O.s previously identified, while issuing specific directives to EPA, provide that
federal agencies implement the directives in a manner consistent with existing law. Therefore, the
E.O.s do not direct EPA to promulgate regulations or allocate federal assistance in a way that
would conflict with the environmental protection statutes the agency implements. E.O. 14008 and
E.O. 14096 also provide that implementation of each E.O. is subject to the availability of
appropriations. In other words, an agency would need to use existing appropriations to cover
implementation activities and/or receive additional funding in order to implement the directives.6
The sections below summarize environmental-justice-related directives in each of the three E.O.s
previously identified and highlight the role of EPA within the context of these selected E.O.s. In
the past 30 years, other E.O.s have established related policies and directed agencies to take
actions related to the relationship among public health, environmental pollution control, and
racial and social justice, such as E.O.s requiring agencies to take steps to address racial inequality
and the use of science in environmental protection.7
E.O. 12898
EPA’s role in environmental justice is rooted in E.O. 12898, “Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations,” signed by
President Clinton on February 11, 1994.8 E.O. 12898 directs EPA and certain other executive
departments and agencies to “make achieving environmental justice part of its mission.” E.O.
12898 generally directs executive departments and agencies to integrate environmental justice
into their respective missions to “the greatest extent practicable and permitted by law.” To carry
out the directive in E.O. 12898, some departments and agencies covered under the E.O., including
EPA, have incorporated the consideration of environmental justice into their respective
regulations.
5 §6-602 of E.O. 12898. For more information, see CRS Report R46534, The Civil Rights Act of 1964: An Overview, by
Christine J. Back.
6 §301(b) of E.O. 14008 and §11(b) of E.O. 14096.
7 See, for example, E.O. 13985, “Advancing Racial Equity and Support for Underserved Communities Through the
Federal Government,” 86 Federal Register 7009, January 25, 2021; and E.O. 13990, “Protecting Public Health and the
Environment and Restoring Science to Tackle the Climate Crisis,” 86 Federal Register 7037, January 25, 2021.
8 E.O. 12898.
Congressional Research Service
3
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
In addition, E.O. 12898 specifically directed EPA to convene the Federal Interagency Working
Group on Environmental Justice (Interagency Working Group), composed of the heads of specific
executive agencies, departments, and offices. E.O. 12898 directed members of the Interagency
Working Group, including EPA, to develop an agency-wide environmental justice strategy “that
identifies and addresses disproportionately high and adverse human health or environmental
effects of its programs, policies, and activities on minority populations and low-income
populations.”9 As discussed in the next section, E.O. 14008 subsequently created a new White
House Environmental Justice Interagency Council that has succeeded the Interagency Working
Group.
In its implementation of E.O. 12898, EPA has generally defined environmental justice as the “fair
treatment and meaningful involvement of all people regardless of race, color, national origin, or
income, with respect to the development, implementation, and enforcement of environmental
laws, regulations, and policies.”10 Other federal departments and agencies have tailored their
definition of environmental justice to their respective missions.
Also applicable to the work of EPA, E.O. 12898 directs covered agencies to include certain
considerations in human health and environmental research and analysis; collect and evaluate
information on subsistence consumption of fish and wildlife; and take certain actions related to
public participation and access to information on public health and the environment.11
Over time, multiple E.O.s on environmental justice or containing environmental-justice-related
directives have amended the agency responsibilities established in E.O. 12898. These include
E.O. 12948, issued in 1995, which alters time frames for certain actions, as well as E.O. 14008
and E.O. 14096, discussed in detail below.12
E.O. 14008
E.O. 14008, “Tackling the Climate Crisis at Home and Abroad,” signed by President Biden on
January 27, 2021, amends E.O. 12898. Sections of E.O. 14008 expand the environmental justice
directives to EPA, other federal agencies, and executive departments, and establish the Justice40
initiative, among other provisions.13 E.O. 14008 also restructures the Interagency Working Group
established under E.O. 12898 into the White House Environmental Justice Interagency Council
(Interagency Council) and establishes the new White House Environmental Justice Advisory
Council (WHEJAC). Further, E.O. 14008 directs the Office of Management and Budget (OMB),
in coordination with CEQ and relevant agency heads, to publish an annual Environmental Justice
Scorecard on agency performance measures.14
For EPA specifically, E.O. 14008 includes the agency as a member of the Interagency Council
and directs EPA to administer the WHEJAC. E.O. 14008 also directs the agency to focus its
environmental enforcement efforts on violations that may have “disproportionate impact on
underserved communities” and to build upon existing pollution monitoring and notification
9 E.O. 12898.
10 EPA, “Learn About Environmental Justice,” https://www.epa.gov/environmentaljustice/learn-about-environmental-
justice.
11 E.O. 12898.
12 E.O. 12948, “Amendment to Executive Order No. 12898,” 60 Federal Register 6381, February 1, 1995.
13 E.O. 14008.
14 E.O. 14008.
Congressional Research Service
4
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
programs for the public in “frontline” and “fenceline” communities, consistent with existing
statutes.15
Justice40 Initiative
Section 223 of E.O. 14008 directs the Council on Environmental Quality (CEQ) and the Office of Management
and Budget (OMB), in consultation with other groups, to publish recommendations on “how certain Federal
investments might be made toward a goal that 40 percent of the overall benefits flow to disadvantaged
communities.” E.O. 14008 also directs federal agencies to identify applicable programs and funding, consistent
with existing law.
Federal investments, also referred to as “covered programs,” include programs and funding in seven
environmental, energy, and infrastructure areas:
•
climate change,
•
clean energy and energy efficiency,
•
clean transit,
•
affordable and sustainable housing,
•
training and workforce development,
•
remediation and reduction of legacy pollution, and
•
development of critical clean water infrastructure.16
In July 2021, OMB released the Interim Implementation Guidance for the Justice40 Initiative, providing additional
direction to federal agencies on Justice40 implementation.17 The guidance applies to any federal agency with
Justice40-covered programs in one of the seven areas, to be implemented in accordance with existing
authorities. As of January 2024, OMB had not yet issued final guidance.
The interim guidance for the Justice40 Initiative defines a covered investment as federal financial assistance defined
at 2 C.F.R. 200, direct payments or loans to individuals, federal procurement benefits, programmatic federal
staffing costs, and additional federal investments under covered programs as determined by OMB.18
The interim guidance also directs each agency with covered programs to establish a methodology for calculating
benefits to “disadvantaged communities” as defined elsewhere in the interim guidance, consult with
stakeholders, and report certain plans and benefits information to OMB.19 The interim guidance identified 21
pilot-covered programs and 20 federal agencies with potential covered programs. As of April 2023, OMB lists
468 Justice40-covered programs identified by 19 federal departments and agencies.20
In the interim guidance, OMB further directs agencies to consider a number of actions to modify programs to
maximize federal investments to disadvantaged communities, consistent with statutory requirements, such as
outreach and technical assistance; job creation and training; prioritizing competitive grant applications that
benefit disadvantaged communities; modifying grant eligibility requirements to promote benefits to
disadvantaged communities; and avoiding potential burdens for disadvantaged communities.21
15 E.O. 14008, §222(b). “Frontline” or “fenceline” communities are not defined in E.O. 14008.
16 OMB, “Interim Implementation Guidance for the Justice40 Initiative,” July 20, 2021. The “climate change” covered
area is not listed in E.O. 14008, but is designated as a covered area in the OMB Interim Guidance.
17 OMB, “Interim Implementation Guidance for the Justice40 Initiative,” July 20, 2021.
18 OMB, “Interim Implementation Guidance for the Justice40 Initiative,” July 20, 2021.
19 OMB, “Interim Implementation Guidance for the Justice40 Initiative,” July 20, 2021. The Interim Guidance directs
agencies to consider the following variables for identifying a disadvantaged community: low income, high and/or
persistent poverty; high unemployment and underemployment; racial and ethnic residential segregation; linguistic
isolation; high housing cost burden and substandard housing; distressed neighborhoods; high transportation cost burden
and/or low transportation access; disproportionate environmental stressor burden and high cumulative impacts; limited
water and sanitation access and affordability; disproportionate impacts from climate change; high energy cost burden
and low energy access; jobs lost through the energy transition; and access to health care.
20 OMB, “Justice40 Initiative Covered Programs List: Version 1.4,” April 21, 2023, https://www.whitehouse.gov/wpcontent/uploads/2023/04/Justice40-Covered-Programs-List_v1.4_04-20-2023.pdf.
21 OMB, “Interim Implementation Guidance for the Justice40 Initiative,” July 20, 2021.
Congressional Research Service
5
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
E.O. 14008 directed CEQ to develop the Climate and Economic Justice Screening Tool (CEJST).
In November 2022, CEQ released an initial version of CEJST, a government-wide online
mapping tool designed to assist federal agencies in identifying disadvantaged communities for the
purposes of the Justice40 initiative.22 CEQ added several new datasets to the tool in 2023. EPA
has used another mapping and screening tool, EJSCREEN (see “EJSCREEN” section later in this
report), to highlight specific communities and considerations when implementing its own
regulations, policies, and programs.
E.O. 14096
E.O. 14096, “Revitalizing Our Nation’s Commitment to Environmental Justice for All,” signed by
President Biden on April 21, 2023, builds upon the two prior environmental-justice-related E.O.s
and amends certain provisions in them.23 E.O. 14096 sets out a “whole-of government” approach
to environmental justice and applies to a broader scope of federal agencies than E.O. 12898,
which generally limited requirements to members of the Interagency Working Group. E.O. 14096
establishes new directives and expands other directives for federal agencies to make achieving
environmental justice part of their missions, consistent with E.O. 12898 and subject to each
agency’s statutory authority. For example, E.O. 14096 directs each federal agency to submit an
Environmental Justice Strategic Plan to CEQ. E.O. 14096 also modifies the membership of the
Interagency Council and establishes a new White House Office of Environmental Justice within
CEQ. Further, E.O. 14096 directs federal agencies to consider environmental justice in the
National Environmental Policy Act (NEPA) federal environmental review process.24
For EPA specifically, Section 7(j) of E.O. 14096 directs the agency to establish an online
environmental justice information clearinghouse. The clearinghouse is to include information on
the Interagency Council, technical assistance and tools for public participation, training materials,
and other information selected by the EPA Administrator in coordination with the Interagency
Council.25
E.O. 14096 specifies a new definition of environmental justice for consideration by EPA and all
other federal departments and agencies when implementing E.O. directives, within the scope of
existing laws. For the purposes of implementation of the E.O., Section 2 of E.O. 14096 defines
environmental justice as
the just treatment and meaningful involvement of all people, regardless of income, race,
color, national origin, Tribal affiliation, or disability in agency decision-making and other
Federal activities that affect human health and the environment so that people: (i) are fully
protected from disproportionate and adverse human health and environmental effects
(including risks) and hazards, including those related to climate change, the cumulative
impacts of environmental and other burdens, and the legacy of racism or other structural
or systemic barriers; and (ii) have equitable access to a healthy, sustainable, and resilient
environment in which to live, play, work, learn, grow, worship, and engage in cultural and
subsistence practices.26
22 The Climate and Economic Justice Screening Tool Version 1.0 is available at https://screeningtool.geoplatform.gov/
en/.
23 E.O. 14096.
24 See CRS Legal Sidebar LSB11008, Environmental Justice and the National Environmental Policy Act, by Kristen
Hite, for more information.
25 E.O. 14096.
26 E.O. 14096.
Congressional Research Service
6
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
This definition is not enacted in statute; therefore, federal agencies apply this definition in
identifying Justice40-covered programs and within the bounds of existing statutes.
EPA Implementation of Executive Orders
In 2022, EPA created a new Office of Environmental Justice and External Civil Rights
(OEJECR), which consolidated the functions of existing agency offices, including the Office of
Environmental Justice previously organized within the Office of the Administrator. Headed by an
Assistant Administrator, OEJECR is responsible for coordinating the implementation of the three
E.O.s discussed above throughout the agency, administering environmental justice grants,
providing training and technical assistance, developing and managing screening and mapping
tools, and coordinating with other agencies in their consideration of environmental justice. The
following section describes examples of EPA policies, programs, interagency collaborations, and
advisory committees that the agency administers.
EPA Policy
The federal environmental statutes that authorize EPA regulations do not specify environmental
justice as a criterion for agency decisions. These statutes address the protection of human health
and the environment regardless of population demographics. To incorporate the directives of the
E.O.s discussed above, EPA has taken steps to incorporate environmental justice into its
development of regulations and other program activities, such as issuing guidance and
memoranda as well as including discussions of environmental justice in agency strategic
planning. In May 2015, EPA issued the Guidance on Considering Environmental Justice During
the Development of a Regulatory Action.27 Following up that guidance, in June 2016, EPA issued
the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis, which
establishes procedures for evaluating environmental justice concerns potentially associated with
agency regulatory actions.28 This guidance is intended to provide consistency across EPA’s
programs and offices in integrating environmental justice into the implementation and
enforcement of the federal statutes that the agency administers in coordination with delegated
states.
EPA’s FY2022-FY2026 strategic plan outlines the agency’s most recent approach to
implementing E.O.s, including E.O. 12898, E.O. 14008, and E.O. 13985, “Advancing Racial
Equity and Support for Underserved Communities Through the Federal Government.”29 In the
strategic plan, the agency sets a goal to “take decisive action to advance environmental justice
and civil rights” and outlines three related objectives: (1) promoting environmental justice at the
federal, tribal, state, and local levels; (2) embedding environmental justice into EPA’s programs,
policies, and activities; and (3) strengthening civil rights enforcement in communities with
environmental justice concerns.
Following the issuance of E.O. 14008, in 2021, EPA Administrator Michael Regan issued a
message to employees further directing EPA offices on integrating environmental justice
27 EPA, Guidance on Considering Environmental Justice During the Development of Regulatory Actions, May 2015,
https://www.epa.gov/sites/default/files/2015-06/documents/considering-ej-in-rulemaking-guide-final.pdf.
28 The technical guidance and more information are available at EPA, “Technical Guidance for Assessing
Environmental Justice in Regulatory Analysis,” accessed July 7, 2023, https://www.epa.gov/environmentaljustice/
technical-guidance-assessing-environmental-justice-regulatory-analysis.
29 EPA, “EPA Strategic Plan,” accessed July 5, 2023, https://www.epa.gov/planandbudget/strategicplan; E.O. 13985.
Congressional Research Service
7
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
considerations in agency actions.30 Specifically, the Administrator directed offices to strengthen
enforcement in communities overburdened by pollution; incorporate environmental justice
considerations into regulatory development and other work; improve engagement with
communities affected by the agency’s work; and, consistent with the Justice40 Initiative and
statutes, consider and prioritize benefits to underserved communities in awarding funding.31
As noted above, in implementing the directives of the three E.O.s discussed above through
agency policy, guidance, or programs, EPA’s consideration of environmental justice occurs within
the framework of existing authorities in environmental protection statutes. For example, the 2015
regulatory guidance states that “EPA is committed to using existing environmental statutes and
regulations to consider and address potential environmental justice (EJ) concerns when
possible.”32
EPA Justice40 Implementation and Covered Programs
Since the establishment of the Justice40 Initiative in E.O. 14008 in 2021, EPA has begun to
implement certain directives within the scope of its existing statutory authorities. E.O. 14008
directs EPA and other federal agencies to determine which federal programs fall within the scope
of the areas covered by Justice40 (described earlier in this report in the text box “Justice40”) and
determine agency “covered investments” that flow to disadvantaged communities. The purpose of
Justice40 is to achieve a certain level of overall federal economic investment—with a goal of
40% of covered federal investments flowing to disadvantaged communities, as defined in the
OMB Interim Guidance. The Justice40 Initiative does not require EPA to create or expand agency
programs addressing environmental justice. In reviewing covered programs and calculating the
flow of the benefits of covered investments to disadvantaged communities, agencies may choose
to take actions regarding financial assistance, within the scope of their existing authorities.
In 2021, OMB, in consultation with EPA, identified six EPA Justice40 pilot programs: (1) the
Drinking Water State Revolving Fund, (2) the Clean Water State Revolving Fund, (3) Reducing
Lead in Drinking Water, (4) Superfund, (5) Brownfields, and (6) the Diesel Emissions Reductions
Act Program. EPA has since identified at least 74 investments, programs, and funding that the
agency considers to be Justice40-covered programs.33 These programs represent a wide range of
EPA pollution control responsibilities and purposes, and involve a range of funding levels.
In April 2023, also as required under E.O. 14008, EPA released its first Environmental Justice
Scorecard on Justice40 implementation. For FY2022, EPA reported 40 EPA funding
announcements and $14.0 billion in available funding opportunities for Justice40-covered
programs.34 As of February 2024, EPA has not publicly released a specific methodology for
calculating the benefits that flow to disadvantaged communities within the Justice40-covered
programs.
30 EPA, “Administrator Michael Regan Message to EPA Employees—Commitment to Environmental Justice, April 07,
2021,” https://www.epa.gov/aboutepa/administrator-michael-regan-message-epa-employees-commitmentenvironmental-justice-april.
31 EPA, “EPA Administrator Announces Agency Actions to Advance Environmental Justice,” April 7, 2021,
https://www.epa.gov/newsreleases/epa-administrator-announces-agency-actions-advance-environmental-justice.
32 EPA, Guidance on Considering Environmental Justice During the Development of Regulatory Actions, May 2015.
33 OMB, “Justice40 Initiative Covered Programs List: Version 1.4,” April 21, 2023, https://www.whitehouse.gov/wpcontent/uploads/2023/04/Justice40-Covered-Programs-List_v1.4_04-20-2023.pdf.
34 EPA, “Environmental Justice Scorecard,” accessed September 26, 2023, https://ejscorecard.geoplatform.gov/
scorecard/environmental-protection-agency/.
Congressional Research Service
8
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
EJSCREEN
Launched in 2015, EPA’s EJSCREEN is an online screening and mapping tool intended to
provide environmental and demographic data for specific locations.35 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. The tool uses a combination of
environmental indicators and demographic indicators from national datasets to calculate “EJ
Indexes,” which are displayed as a relative percentile (e.g., an identified census block is in the
90th percentile for a particular EJ Index relative to the United States as a whole). EPA emphasizes
that EJSCREEN is not intended to identify environmental justice communities or form the basis
of agency determinations of the existence or absence of environmental justice concerns. EPA last
updated the tool in 2023 to add additional environmental and health data, new indexes, and
additional map layers.
EJSCREEN has a different purpose and uses a different methodology than the CEJST
government-wide screening tool. As directed by E.O. 14008, CEQ developed CEJST as part of
the Justice40 Initiative to provide a tool to identify communities that are both economically
disadvantaged and disadvantaged due to pollution burden or a lack of investment in
infrastructure, such as housing, transportation, water and wastewater, and health care. CEJST uses
a combination of environmental or climate indicators and socioeconomic indicators to designate
whether a community is “disadvantaged.” Federal agencies may then use this information to
target federal investments toward these communities.
Interagency and Advisory Councils
Since 1994, EPA has chaired or participated in federal interagency groups established to address
environmental justice issues. In addition, EPA has administered the operation of federal advisory
committees that provide recommendations on a range of environmental justice issues. These
groups are discussed below.
White House Environmental Justice Interagency Council
EPA serves as a member of the Interagency Council, established by President Biden in E.O.
14008. E.O. 14008 reorganized the existing Environmental Justice Interagency Working Group,
which was established in 1994 through E.O 12898, into the Interagency Council. EPA served as
Chair of Interagency Working Group from its inception through reorganization in 2021. The
Interagency Council is housed within the Executive Office of the President. Interagency Council
membership, as established in E.O. 14008, consists of representatives of at least 11 federal
agencies and departments, as well as other federal officials and presidential advisors (see
Appendix for a list of Interagency Council members).36 E.O. 14008 tasks the Interagency
Council to “develop a strategy to address current and historic environmental injustice” and
publish an annual public performance scorecard on its implementation and submit a set of
35 EPA, “EJScreen: Environmental Justice Screening and Mapping Tool,” accessed November 2, 2023,
https://www.epa.gov/ejscreen.
36 E.O. 14008.
Congressional Research Service
9
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
recommendations for updating E.O. 12898.37 E.O. 14096 further tasked the Interagency Council
with supporting the development of environmental justice training for federal employees.38
White House Environmental Justice Advisory Council (WHEJAC)
As directed in E.O. 14008, EPA provides funding and administrative support to the White House
Environmental Justice Advisory Council (WHEJAC). The WHEJAC, comprising experts and
representatives of environmental justice groups appointed by the President, advises the
Interagency Council and CEQ. E.O. 14008 directs the WHEJAC to provide recommendations to
the Interagency Council on “increasing the federal government’s efforts to address current and
historical environmental injustice, including recommendations for updating Executive Order
12898.”39 Since 2021, the WHEJAC has provided recommendations to CEQ on Justice40
implementation and revisions to E.O. 12898, the CEJST, and air pollution limits for incinerators,
among other activities.40
National Environmental Justice Advisory Council (NEJAC)
Established prior to E.O. 12898 on September 30, 1993, the National Environmental Justice
Advisory Council (NEJAC) serves as a federal independent advisory committee to EPA.41 The
NEJAC consults with the agency on environmental justice matters and its implementation of
environmental-justice-related E.O.s. Made up of representatives of academia, community groups,
industry, state and local governments, and tribes, NEJAC provides nonbinding advice and
recommendations to EPA on a range of issues related to environmental justice.
EPA Environmental Justice Appropriations
There is no consolidated line-item of funding for EPA’s implementation of environmental-justicerelated E.O.s within the annual appropriations acts that fund the agency. Although there is no
separate explicit program authority, Congress has provided specific funding in annual
appropriations acts, primarily for environmental justice grants to assist potentially
disproportionately affected communities, provide technical assistance, and support interagency
coordination, which are discussed below. Other EPA funding to implement the E.O.s is generally
integrated across the agency’s appropriations accounts that fund various programs. To date,
Congress has not prohibited EPA from using its general appropriations to carry out E.O.
directives that apply to the agency.
Over the last 10 years, annual regular appropriations to EPA for environmental-justice-related
activities remained consistent (ranging from $6.53 million to $6.74 million), until an increase in
FY2020, followed by a larger increase in FY2022.42 Figure 1 presents trends in enacted
appropriations to EPA for environmental justice from FY2013 to FY2023. In recent annual
appropriations acts, Congress has increased specific funding for environmental justice activities,
including a relatively large increase for FY2022 compared to previous fiscal years. Title II of
37 E.O. 14008.
38 E.O. 14096.
39 E.O. 14008.
40 EPA, “White House Environmental Justice Advisory Council,” https://www.epa.gov/environmentaljustice/white-
house-environmental-justice-advisory-council.
41 EPA, “National Environmental Justice Advisory Council,” https://www.epa.gov/environmentaljustice/nationalenvironmental-justice-advisory-council.
42 Amounts are nominal and do not include adjustments for inflation.
Congressional Research Service
10
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Division G of the Consolidated Appropriations Act, 2023 (P.L. 117-328) appropriated $102.2
million to EPA for environmental justice within the agency’s Environmental Programs and
Management Account, with an additional $5.9 million appropriated for environmental justice
activities associated with EPA’s Superfund program. The President’s FY2024 budget request
includes $375.0 million for a range of environmental justice activities and programs at EPA. In
addition to regular annual appropriations acts, Congress has also directed that EPA undertake
environmental justice programs and activities and provided supplemental appropriations through
the measure known as the Inflation Reduction Act (IRA; P.L. 117-169). For example, Section
60201 of IRA, Environmental and Climate Justice Block Grants, amends the Clean Air Act and
provides $2.8 billion to EPA for grants and $200 million for technical assistance to EPA for
programs to address air pollution and climate change that benefit “disadvantaged communities.”43
See “Environmental Justice Grants” below for more information on IRA-funded grant programs.
Figure 1. Regular Annual Appropriations for Selected EPA Environmental Justice
Activities and Programs, FY2013-FY2023
(in nominal dollars)
Source: Prepared by CRS using information from Explanatory Statements presented in the Congressional Record;
and House, Senate, and conference committee reports.
Notes: The figure presents appropriations to EPA for environmental-justice-related programs and activities
within the agency’s Environmental Programs and Management Account. Congress has also appropriated funding
for environmental justice activities to EPA within the Hazardous Substance Superfund Account. For FY2023, this
amount was $5.9 million. Amounts do not include IRA environmental-justice-related appropriations.
43 42 U.S.C. §7438. The IRA includes other provisions and appropriations to EPA and other federal agencies that may
address environmental justice concerns. For example, the IRA established the Greenhouse Gas Reduction Fund to be
administered by EPA and appropriated $8.0 billion to EPA for assistance to low-income and disadvantaged
communities. See CRS In Focus IF12387, EPA’s Greenhouse Gas Reduction Fund (GGRF), by Richard K. Lattanzio,
for more information.
Congressional Research Service
11
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Environmental Justice Grants
As directed by Congress in the IRA, EPA administers the Environmental and Climate Justice
Grant Program, through which the agency offers several new and expanded funding
opportunities. Over the past 30 years, EPA also has established environmental justice grant
programs to meet the directives of E.O 12898, E.O. 14008, and other E.O.s, beginning with the
Environmental Justice (EJ) Small Grants program in 1994.
As noted above, in 2022, in the IRA, Congress appropriated a total of $3.0 billion to EPA for
climate and environmental justice grants and directed EPA to establish or expand grant programs
addressing air pollution and climate change. EPA must award the funding by September 30, 2026.
Congress also has supported EPA’s environmental justice grant programs through annual agency
appropriations. For example, the joint explanatory statement accompanying the Consolidated
Appropriations Act, FY2022 (P.L. 117-103) directs EPA to use a portion of $94.2 million
provided for environmental justice to continue its environmental justice grant programs. In recent
annual congressional budget justifications, EPA has requested increased appropriations for
expansion of environmental justice funding opportunities. In the agency’s FY2024 Congressional
Budget Justification, for example, EPA requests $375.0 million to “expand support for
community-based organizations, indigenous organizations, tribes, states, local governments, and
territorial governments in pursuit of identifying and addressing environmental justice issues
through multi-partner collaborations.”44
Current Environmental Justice Grant Programs
EPA implements several environmental-justice-related grant programs that provide federal
assistance to states, tribes, local governments, and community-based organizations. The purposes
of environmental justice grants include technical and scientific assistance, education and training,
and building capacity for public participation in decisionmaking. The funding opportunities are
intended to address a variety of environmental and health concerns, such as air pollution, indoor
air quality, water quality, and contaminated sites. Some of these EPA grant programs award direct
funding to groups or organizations, whereas others award funding to “pass-through” entities that
then distribute funding to subgrantees who carry out specific projects.
Examples of current EPA environmental justice grant programs are listed below. This is not a
comprehensive listing of current EPA funding opportunities—award amounts, eligible entities,
and eligible project activities may vary by year and award cycles.”45
•
EJ Small Grants Program. The purpose of this program, according to EPA, is
to enhance partnerships and community understanding of local environmental
and/or public health issues through research, public education, trainings, surveys,
studies, and other activities. Eligible entities include nonprofit organizations;
U.S. territories; tribal governments; and tribal organizations. EPA provides up to
$100,000 per award. The most recent awards under the EJ Small Grants program,
44 EPA, FY2024 Budget in Brief, https://www.epa.gov/system/files/documents/2023-03/fy-2024-epa-bib.pdf.
45 For current funding opportunity status and detailed eligibility requirements, see EPA, “Environmental Justice Grants,
Funding and Technical Assistance,” https://www.epa.gov/environmentaljustice/environmental-justice-grants-fundingand-technical-assistance.
Congressional Research Service
12
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
•
•
•
•
awarded in FY2022 and directed toward tribes, received funding from the
American Rescue Plan Act of 2021 (P.L. 117-2).46
Environmental Justice Collaborative Problem-Solving Cooperative
Agreement Program (EJCPS). This program uses a collaborative problemsolving model to address local environmental and/or public health issues.
Eligible entities include community-based nonprofit organizations or partnerships
of community-based nonprofit organizations, who are eligible for up to $500,000
per award (up to $150,000 each for qualifying small community-based
organizations). EJCPS grants are currently funded through a combination of
annual appropriations and IRA appropriations. For FY2023, EPA awarded a total
of $43.8 million to 98 recipients.47
Environmental Justice Government-to-Government Program (EJG2G). This
program, formerly known as the State Environmental Justice Cooperative
Agreement Program (SEJCA), supports state, local, territorial, and tribal
government activities through cooperative agreements to address environmental
and/or public health issues. Eligible entities include states, tribes, and local
governments, in partnership with a community-based organization; U.S.
territories; Freely Associated States; and tribal governments in rural areas. EPA
awards up to $1.0 million annually per government. EJG2G grants are currently
funded through a combination of annual appropriations and IRA appropriations.
For FY2023, EPA selected 88 government recipients for a variety of
environmental-justice-related projects.48
Environmental Justice Community Change Grants Program (Community
Change Grants). The purpose of this program is to provide financial and
technical assistance to “disadvantaged communities” for activities related to
community-led air and other pollution monitoring, prevention, and remediation;
investments in low- and zero-emission technologies and related infrastructure
and workforce development; mitigating certain climate change risks; climate
resilience and adaptation; reducing indoor air toxics and pollution; and engaging
“disadvantaged communities” in decisionmaking processes. Eligible entities
include community-based nonprofit organizations; partnerships of communitybased nonprofit organizations; partnerships between tribes and community-based
nonprofit organizations; and partnerships between educational institutions and
community-based nonprofit organizations. EPA expects to award $2.0 billion in
funding through this program, using funds appropriated to the agency in the IRA
for this purpose. EPA released a Notice of Funding Opportunity for the program
in November 2023.49
Environmental Justice Thriving Communities Grantmaking Program (EJ
TCGM). This program provides awards to grantmaking entities to design and
46 EPA, Environmental Justice Small Grants Program Request for Applications, March 21, 2022, https://www.epa.gov/
system/files/documents/2022-03/ejsg-tribal-arp-rfa_final_3.21.2022.pdf.
47 EPA, “The Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program,”
https://www.epa.gov/environmentaljustice/environmental-justice-collaborative-problem-solving-cooperativeagreement-5.
48 EPA, “The Environmental Justice Government-to-Government Program,” https://www.epa.gov/
environmentaljustice/environmental-justice-government-government-program.
49 EPA, “Inflation Reduction Act Community Change Grants Program,” https://www.epa.gov/inflation-reduction-act/
inflation-reduction-act-community-change-grants-program.
Congressional Research Service
13
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
•
administer subgrant programs for projects and capacity-building efforts
addressing local environmental and public health issues. Eligible entities include
community-based nonprofit organizations; a partnership of community-based
nonprofit organizations; partnerships between tribes and community-based
nonprofit organizations; or partnerships between educational institutions and
community-based nonprofit organizations. EPA has allocated approximately $550
million for 11 grantmakers in this program and expects to provide up to $50
million per award. EPA funds the EJ TCGM program through a combination of
IRA appropriations and annual appropriations. The most recent funding
opportunity for this program closed in June 2023.50
Environmental Justice Thriving Communities Technical Assistance Centers
Program (EJ TCTAC). Implemented by EPA in partnership with the U.S.
Department of Energy, the purpose of this program is to support centers that
provide communities with environmental-justice-related technical assistance and
training and enhance participation in policy development. Eligible entities
include public and private universities and colleges; nonprofit institutions; and
intertribal consortia. EPA awards up to $10 million for each center. As of October
2023, EPA has selected 16 EJ Thriving Communities Technical Assistance
Centers.51
Other EPA funding opportunities may relate to addressing certain environmental justice concerns,
such as Brownfields grants, Environmental Workforce Development and Job Training grants,
Diesel Emissions Reduction Act grants, and financial and technical assistance for local water
infrastructure. The details of these programs are beyond the scope of this report.
Issues for Congress
Congress has debated policy related to EPA’s environmental justice role and programs for decades
through introducing legislation, providing appropriations, and holding hearings on these issues.
The following section provides information on previous congressional activities and selected
policy issues Members could consider as they continue to debate environmental justice policy.
Selected Congressional Activity
Since 1992, Congress has introduced legislation, provided targeted appropriations, and held
hearings related to EPA environmental justice authorities and programs. Since the 102nd Congress,
Members have introduced nearly 200 bills that seek to address environmental justice in various
ways throughout the federal government, many of which would affect EPA programs and
activities. For example, legislation introduced between the 116th Congress and the 118th Congress
includes a wide range of approaches and purposes related to environmental justice, such as
expanding certain EPA statutory authorities or directing the agency to establish specific
environmental-justice-related programs. See Table 1 for a summary of bills introduced in the
116th through the 118th Congresses that seek to address EPA’s role in environmental justice.
Numerous other environmental-justice-related bills have been introduced in recent Congresses
50 EPA, “The Environmental Justice Thriving Communities Grantmaking Program,” https://www.epa.gov/
environmentaljustice/environmental-justice-thriving-communities-grantmaking-program.
51 EPA, “The Environmental Justice Thriving Communities Technical Assistance Centers Program,”
https://www.epa.gov/environmentaljustice/environmental-justice-thriving-communities-technical-assistance-centers.
Congressional Research Service
14
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
that seek to address environmental justice in the context of other federal agencies or non-EPA
programs and activities. The details of these bills are beyond the scope of this report.
Table 1. Environmental Justice Bills Related to EPA Programs and Activities
Introduced in the 116th-118th Congresses
Congress
and Bill
Number
Bill Title
118th
H.R. 1673
Protection from Cumulative Emissions and Underenforcement of Environmental
Law Act of 2023
H.R. 1705
A. Donald McEachin Environmental Justice for All Act (related bill to S. 919)
S. 919
A. Donald McEachin Environmental Justice for All Act (related bill to H.R. 1705)
117th
H.R. 516
Environmental Justice Mapping and Data Collection Act of 2021 (related bill to
S. 101)
H.R. 1512
CLEAN Future Act
H.R. 1889
Environmental Justice for Coronavirus Affected Communities Act
H.R. 2021
Environmental Justice for All Act (related bill to S. 872)
H.R. 2397
Protection from Cumulative Emissions and Underenforcement of Environmental
Law Act of 2021
H.R. 2431
Voices for Environmental Justice Act
H.R. 2434
Environmental Justice Act of 2021 (related bill to S. 2630)
H.R. 2442
Climate Justice Grants Act
H.R. 5401
Nuclear Waste Task Force Act of 2021
H.R. 6759
Environmental Justice Air Quality Monitoring Act of 2022 (related bill to S.
2476)
S. 101
To Establish the Environmental Justice Mapping Committee, and for other
purposes (related bill to H.R. 516)
S. 872
Environmental Justice for All Act (related bill to H.R. 2021)
S. 1347
Environmental Justice for Communities Act of 2021
S. 2085
Save Our Future Act
S. 2476
Environmental Justice Air Quality Monitoring Act of 2021 (related bill to H.R.
6759)
S. 2630
Environmental Justice Act of 2021 (related bill to H.R. 2434)
S. 2871
Nuclear Waste Task Force Act of 2021 (related bill to H.R. 5401)
116th
H.R. 3923
Environmental Justice Act of 2019 (related bill to S. 2236)
H.R. 5842
Voices for Environmental Justice Act
H.R. 5986
Environmental Justice for All Act (related bill to S. 4401)
Congressional Research Service
15
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Congress
and Bill
Number
Bill Title
H.R. 6692
To require the Administrator of the Environmental Protection Agency to
continue to carry out certain programs relating to environmental justice, and for
other purposes (related bill to S. 3680)
H.R. 6826
A bill to require the Administrator of the Environmental Protection Agency to
continue to update and make publicly available EJScreen or an equivalent tool,
and for other purposes (related bill to S. 3633)
H.R. 8019
Climate Equity Act of 2020 (related bill to S. 4513)
H.R. 8271
Environmental Justice Legacy Pollution Cleanup Act of 2020 (related bill to S.
4617)
H.R. 8352
Jobs and Justice Act of 2020
S. 2236
Environmental Justice Act of 2019 (related bill to H.R. 3923)
S. 3363
A bill to require the Administrator of the Environmental Protection Agency to
continue to update and make publicly available EJScreen or an equivalent tool,
and for other purposes
S. 3680
To require the Administrator of the Environmental Protection Agency to
continue to carry out certain programs relating to environmental justice and for
other purposes (related bill to H.R. 6692)
S. 4401
Environmental Justice for All Act (related bill to H.R. 5986)
S. 4513
Climate Equity Act of 2020 (related bill to H.R. 8019)
S. 4617
Environmental Justice Legacy Pollution Cleanup Act of 2020 (related bill to H.R.
8271)
Source: CRS analysis of introduced legislation.
Note: CRS searched Congress.gov for bills introduced using the following terms: “environmental justice,”
“environmental injustice,” “environmental equity,” “environmental inequity,” “environmental inequality,” or
“environmental equality.”
Along with introducing legislation, since 1993, Congress has held at least 11 hearings with a
primary focus on environmental justice issues or legislation, in addition to numerous other
hearings that included discussion of these issues in the context of general EPA oversight or
appropriations.52
Selected Policy Issues
Congress may consider several different policy issues during continued debate on environmentaljustice-related policy and in developing legislation related to EPA’s role and programs.
•
Codification of Executive Orders. Currently, the E.O.s that contain
environmental justice directives for EPA and other federal agencies are subject to
revocation by a current or future President. Congress could consider creating
specific statutory authority for EPA and other federal agencies to carry out E.O.
directives such as environmental justice plans, interagency councils and advisory
groups, research and data collection, public engagement, and agency reporting on
incorporation of environmental justice into its activities and programs. This
52 Based on CRS search of ProQuest Congressional for the terms “environmental justice” and “Environmental
Protection Agency” in combination.
Congressional Research Service
16
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
•
•
•
would make these activities more permanent. Federal agencies, however, would
need sufficient appropriations from Congress to carry out these responsibilities.
Agency Authorities. Congress could consider amending existing statutory
responsibilities in existing EPA pollution control statutes to add specific
consideration of environmental justice issues, such as in environmental
permitting and review, pollution control regulations and standards, and public
participation in agency decisionmaking. Congress would need to provide
sufficient appropriations to EPA to carry out these additional responsibilities to
ensure the agency had the staff and resources to implement additional programs
and activities. Congress would also need to ensure that any new responsibilities
do not conflict with existing EPA responsibilities under environmental protection
statutes directing environmental review, development of regulations, issuing of
grants, or other activities.
Appropriations for Environmental Justice Grants and Other Agency
Activities. Congress could consider providing increased annual or supplemental
appropriations to EPA to carry out the E.O.s, expand existing grant programs,
develop new environmental justice activities and grant programs, or carry out
other activities. Given limits on discretionary appropriations, Congress would
need to decide how these activities align with other policy priorities at EPA or
other agency activities.
Research and Data Collection. Congress could consider directing EPA to
collect and expand the use of additional information and data related to
environmental pollution exposure and health impacts at the community and
individual levels. For example, Congress could direct EPA to expand existing
public health and environmental research and expand existing mapping and
screening tools. Some policymakers and stakeholders support increasing the
availability of empirical data from surveys or scientific studies that could provide
evidence of environmental injustice and direct resources to affected populations
or geographic areas. Given current scientific and technical constraints, however,
the existence of sufficient data and capacity to evaluate and quantify specific
impacts is unclear, particularly the analysis of cumulative impacts of pollution.
Accurate and complete evaluations of health and environmental impacts may not
be possible without site-specific examinations in each community or area of
concern.
Congressional Research Service
17
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Appendix. White House Environmental Justice
Interagency Council Membership53
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Chair of the Council on Environmental Quality (also Chair of the Interagency
Council)
Secretary of State
Secretary of Defense
Attorney General
Secretary of the Interior
Secretary of Agriculture
Secretary of Commerce
Secretary of Labor
Secretary of Health and Human Services
Secretary of Housing and Urban Development
Secretary of Transportation
Secretary of Energy
Secretary of Veterans Affairs
Secretary of Homeland Security
Administrator of the U.S. Environmental Protection Agency
Director of the Office of Management and Budget
Chair of the Council of Economic Advisers
Administrator of General Services
Executive Director of the Federal Permitting Improvement Steering Council
Director of the Office of Science and Technology Policy
Assistant to the President and National Climate Advisor
Assistant to the President for Domestic Policy
Assistant to the President for Economic Policy
Executive Director of the White House Gender Policy Council
Senior Advisor to the President for Clean Energy Innovation and Implementation
E.O. 14096 states that the Chair of the Council on Environmental Quality may appoint other
relevant agency heads as members of the Interagency Council.
53 §7 of E.O. 14096, “Revitalizing Our Nation’s Commitment to Environmental Justice for All,” 88 Federal Register
25251, April 26, 2023.
Congressional Research Service
18
U.S. Environmental Protection Agency Environmental Justice Activities and Programs
Author Information
Angela C. Jones
Analyst in Environmental Policy
Acknowledgments
This report includes information from earlier products authored by David Bearden, CRS Specialist in
Environmental Policy, and Rob Esworthy, former CRS Specialist in Environmental Policy. The author also
acknowledges the contributions of Claire Jordan, CRS Research Librarian.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.
Congressional Research Service
R47920 · VERSION 1 · NEW
19
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.