Revitalizing Our Nation's Commitment to Environmental Justice for All

[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]

[Presidential Documents]

[Pages 25251-25261]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2023-08955]

Presidential Documents

Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 25251]]

Executive Order 14096 of April 21, 2023

Revitalizing Our Nation's Commitment to

Environmental Justice for All

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and in order to advance environmental justice,

it is hereby ordered as follows:

Section 1. Policy. To fulfill our Nation's promises of

justice, liberty, and equality, every person must have

clean air to breathe; clean water to drink; safe and

healthy foods to eat; and an environment that is

healthy, sustainable, climate-resilient, and free from

harmful pollution and chemical exposure. Restoring and

protecting a healthy environment--wherever people live,

play, work, learn, grow, and worship--is a matter of

justice and a fundamental duty that the Federal

Government must uphold on behalf of all people.

healthy, sustainable, climate-resilient, and free from

harmful pollution and chemical exposure. Restoring and

protecting a healthy environment--wherever people live,

play, work, learn, grow, and worship--is a matter of

justice and a fundamental duty that the Federal

Government must uphold on behalf of all people.

We must advance environmental justice for all by

implementing and enforcing the Nation's environmental

and civil rights laws, preventing pollution, addressing

climate change and its effects, and working to clean up

legacy pollution that is harming human health and the

environment. Advancing environmental justice will

require investing in and supporting culturally vibrant,

sustainable, and resilient communities in which every

person has safe, clean, and affordable options for

housing, energy, and transportation. It is also

necessary to prioritize building an equitable,

inclusive, and sustainable economy that offers economic

opportunities, workforce training, and high-quality and

well-paying jobs, including union jobs, and

facilitating an equitable transition of the workforce

as part of a clean energy future. Achieving this vision

will also require improving equitable access to parks,

tree cover, playgrounds, sports fields, rivers, ponds,

beaches, lakes, and all of the benefits provided by

nature, including America's public lands and waters

ting an equitable transition of the workforce

as part of a clean energy future. Achieving this vision

will also require improving equitable access to parks,

tree cover, playgrounds, sports fields, rivers, ponds,

beaches, lakes, and all of the benefits provided by

nature, including America's public lands and waters.

Pursuing these and other objectives integral to

advancing environmental justice can successfully occur

only through meaningful engagement and collaboration

with underserved and overburdened communities to

address the adverse conditions they experience and

ensure they do not face additional disproportionate

burdens or underinvestment.

We have more work to do to make environmental justice a

reality for our Nation, both for today and for the

generations that will follow us. Even as many

communities in the United States have prospered and

thrived in recent decades, many other communities have

been left behind. Communities with environmental

justice concerns face entrenched disparities that are

often the legacy of racial discrimination and

segregation, redlining, exclusionary zoning, and other

discriminatory land use decisions or patterns. These

decisions and patterns may include the placement of

polluting industries, hazardous waste sites, and

landfills in locations that cause cumulative impacts to

the public health of communities and the routing of

highways and other transportation corridors in ways

that divide neighborhoods

erns. These

decisions and patterns may include the placement of

polluting industries, hazardous waste sites, and

landfills in locations that cause cumulative impacts to

the public health of communities and the routing of

highways and other transportation corridors in ways

that divide neighborhoods. These remnants of

discrimination persist today.Communities with

environmental justice concerns exist in all areas of

the country, including urban and rural areas and areas

within the boundaries of Tribal Nations and United

States Territories. Such communities are found in

geographic locations that have a significant proportion

of people who have low incomes or are otherwise

adversely affected by persistent poverty or inequality.

Such communities are also found in places with a

significant proportion of people of color,

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including individuals who are Black, Latino, Indigenous

and Native American, Asian American, Native Hawaiian,

and Pacific Islander. Communities with environmental

justice concerns also include geographically dispersed

and mobile populations, such as migrant farmworkers.

oportion of people of color,

[[Page 25252]]

including individuals who are Black, Latino, Indigenous

and Native American, Asian American, Native Hawaiian,

and Pacific Islander. Communities with environmental

justice concerns also include geographically dispersed

and mobile populations, such as migrant farmworkers.

Communities with environmental justice concerns

experience disproportionate and adverse human health or

environmental burdens. These burdens arise from a

number of causes, including inequitable access to clean

water, clean air, natural places, and resources for

other basic human health and environmental needs; the

concentration of pollution, hazardous waste, and toxic

exposures; and underinvestment in affordable housing

that is safe and healthy and in basic infrastructure

and services to support such housing, including safe

drinking water and effective sewage management. The

cumulative impacts of exposure to those types of

burdens and other stressors, including those related to

climate change and the environment, further

disadvantage communities with environmental justice

concerns. People in these communities suffer from

poorer health outcomes and have lower life expectancies

than those in other communities in our Nation.

Moreover, gaps in environmental and human health data

can conceal these harms from public view, and, in doing

so, are themselves a persistent and pernicious driver

of environmental injustice.

rom

poorer health outcomes and have lower life expectancies

than those in other communities in our Nation.

Moreover, gaps in environmental and human health data

can conceal these harms from public view, and, in doing

so, are themselves a persistent and pernicious driver

of environmental injustice.

Nearly three decades after the issuance of Executive

Order 12898 of February 11, 1994 (Federal Actions To

Address Environmental Justice in Minority Populations

and Low-Income Populations), the Federal Government

must build upon and strengthen its commitment to

deliver environmental justice to all communities across

America. Our Nation needs an ambitious approach to

environmental justice that is informed by scientific

research, high-quality data, and meaningful Federal

engagement with communities with environmental justice

concerns and that uses the tools available to the

Federal Government, including enforcement of civil

rights and environmental laws. Our Nation must also

take further steps to dismantle racial discrimination

and institutional bias that disproportionately affect

the health, environment, safety, and resiliency of

communities with environmental justice concerns.

Federal Government, including enforcement of civil

rights and environmental laws. Our Nation must also

take further steps to dismantle racial discrimination

and institutional bias that disproportionately affect

the health, environment, safety, and resiliency of

communities with environmental justice concerns.

To ensure that the Nation's policies and investments

respond to the needs of every community, all people

should be afforded the opportunity to meaningfully

participate in agency decision-making processes that

may affect the health of their community or

environment. The Federal Government must continue to

remove barriers to the meaningful involvement of the

public in such decision-making, particularly those

barriers that affect members of communities with

environmental justice concerns, including those related

to disability, language access, and lack of resources.

The Federal Government must also continue to respect

Tribal sovereignty and support self-governance by

ensuring that Tribal Nations are consulted on Federal

policies that have Tribal implications. In doing so, we

must recognize, honor, and respect the different

cultural practices--including subsistence practices,

ways of living, Indigenous Knowledge, and traditions--

in communities across America. As our Nation reaffirms

our commitment to environmental justice, the Federal

Government must continue to be transparent about, and

accountable for, its actions.

cultural practices--including subsistence practices,

ways of living, Indigenous Knowledge, and traditions--

in communities across America. As our Nation reaffirms

our commitment to environmental justice, the Federal

Government must continue to be transparent about, and

accountable for, its actions.

It is the policy of my Administration to pursue a

whole-of-government approach to environmental justice.

This order builds upon my Administration's ongoing

efforts to advance environmental justice and equity

consistent with Executive Order 13985 of January 20,

2021 (Advancing Racial Equity and Support for

Underserved Communities Through the Federal

Government), Executive Order 13990 of January 20, 2021

(Protecting Public Health and the Environment and

Restoring Science To Tackle the Climate Crisis),

Executive Order 14008 of January 27, 2021 (Tackling the

Climate Crisis at Home and Abroad), Executive Order

14052 of November 15, 2021 (Implementation of the

Infrastructure Investment and Jobs Act), Executive

Order 14057 of December 8, 2021 (Catalyzing Clean

Energy Industries and Jobs Through Federal

Sustainability), Executive Order 14082 of September 12,

[[Page 25253]]

imate Crisis at Home and Abroad), Executive Order

14052 of November 15, 2021 (Implementation of the

Infrastructure Investment and Jobs Act), Executive

Order 14057 of December 8, 2021 (Catalyzing Clean

Energy Industries and Jobs Through Federal

Sustainability), Executive Order 14082 of September 12,

[[Page 25253]]

2022 (Implementation of the Energy and Infrastructure

Provisions of the Inflation Reduction Act of 2022), and

Executive Order 14091 of February 16, 2023 (Further

Advancing Racial Equity and Support for Underserved

Communities Through the Federal Government). This order

also supplements the foundational efforts of Executive

Order 12898 to address environmental justice. In

partnership with State, Tribal, territorial, and local

governments, as well as community organizations,

businesses, and members of the public, the Federal

Government will advance environmental justice and help

create a more just and sustainable future for all.

Sec. 2. Definitions. As used in this order:

(a) ``Agency'' means an executive agency as defined

by 5 U.S.C. 105, excluding the Government

Accountability Office and independent regulatory

agencies, as defined in 44 U.S.C. 3502(5).

(b) ``Environmental justice'' means 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:

(b) ``Environmental justice'' means 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.

(c) ``Federal activity'' means any agency

rulemaking, guidance, policy, program, practice, or

action that affects or has the potential to affect

human health and the environment, including an agency

action related to climate change. Federal activities

may include agency actions related to: assuring

compliance with applicable laws; licensing, permitting,

and the reissuance of licenses and permits; awarding,

conditioning, or oversight of Federal funds; and

managing Federal resources and facilities. This may

also include such activities in the District of

Columbia and the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, and other

Territories and possessions of the United States.

managing Federal resources and facilities. This may

also include such activities in the District of

Columbia and the Commonwealth of Puerto Rico, the

Commonwealth of the Northern Mariana Islands, American

Samoa, Guam, the U.S. Virgin Islands, and other

Territories and possessions of the United States.

(d) ``Tribal Nation'' means an American Indian or

Alaska Native tribe, band, nation, pueblo, village, or

community that the Secretary of the Interior

acknowledges as a federally recognized Tribe pursuant

to the Federally Recognized Indian Tribe List Act of

1994, 25 U.S.C. 5130, 5131.

Sec. 3. Government-Wide Approach to Environmental

Justice. (a) Consistent with section 1-101 of Executive

Order 12898 and each agency's statutory authority, each

agency should make achieving environmental justice part

of its mission. Each agency shall, as appropriate and

consistent with applicable law:

(i) identify, analyze, and address disproportionate and adverse human

health and environmental effects (including risks) and hazards of Federal

activities, including those related to climate change and cumulative

impacts of environmental and other burdens on communities with

environmental justice concerns;

(ii) evaluate relevant legal authorities and, as available and appropriate,

take steps to address disproportionate and adverse human health and

environmental effects (including risks) and hazards unrelated to Federal

activities, including those related to climate change and cumulative

impacts of environmental and other burdens on communities with

environmental justice concerns;

ice concerns;

(ii) evaluate relevant legal authorities and, as available and appropriate,

take steps to address disproportionate and adverse human health and

environmental effects (including risks) and hazards unrelated to Federal

activities, including those related to climate change and cumulative

impacts of environmental and other burdens on communities with

environmental justice concerns;

(iii) identify, analyze, and address historical inequities, systemic

barriers, or actions related to any Federal regulation, policy, or practice

that impair

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the ability of communities with environmental justice concerns to achieve

or maintain a healthy and sustainable environment;

(iv) identify, analyze, and address barriers related to Federal activities

that impair the ability of communities with environmental justice concerns

to receive equitable access to human health or environmental benefits,

including benefits related to natural disaster recovery and climate

mitigation, adaptation, and resilience;

(v) evaluate relevant legal authorities and, as available and appropriate,

take steps to provide, in consultation with unions and employers,

opportunities for workforce training and to support the creation of high-

quality and well-paying jobs, including union jobs, for people who are part

of communities with environmental justice concerns;

(vi) evaluate relevant legal authorities and, where available and

appropriate, consider adopting or requiring measures to avoid, minimize, or

mitigate disproportionate and adverse human health and environmental

effects (including risks) and hazards of Federal activities on communities

with environmental justice concerns, to the maximum extent practicable, and

to address any contribution of such Federal activities to adverse effects--

including cumulative impacts of environmental and other burdens--already

experienced by such communities;

ate disproportionate and adverse human health and environmental

effects (including risks) and hazards of Federal activities on communities

with environmental justice concerns, to the maximum extent practicable, and

to address any contribution of such Federal activities to adverse effects--

including cumulative impacts of environmental and other burdens--already

experienced by such communities;

(vii) provide opportunities for the meaningful engagement of persons and

communities with environmental justice concerns who are potentially

affected by Federal activities, including by:

(A) providing timely opportunities for members of the public to share

information or concerns and participate in decision-making processes;

(B) fully considering public input provided as part of decision-making

processes;

(C) seeking out and encouraging the involvement of persons and

communities potentially affected by Federal activities by:

(1) ensuring that agencies offer or provide information on a Federal

activity in a manner that provides meaningful access to individuals with

limited English proficiency and is accessible to individuals with

disabilities;

(2) providing notice of and engaging in outreach to communities or groups

of people who are potentially affected and who are not regular participants

in Federal decision-making; and

(3) addressing, to the extent practicable and appropriate, other barriers

to participation that individuals may face; and

(D) providing technical assistance, tools, and resources to assist in

facilitating meaningful and informed public participation, whenever

practicable and appropriate;

eople who are potentially affected and who are not regular participants

in Federal decision-making; and

(3) addressing, to the extent practicable and appropriate, other barriers

to participation that individuals may face; and

(D) providing technical assistance, tools, and resources to assist in

facilitating meaningful and informed public participation, whenever

practicable and appropriate;

(viii) continue to engage in consultation on Federal activities that have

Tribal implications and potentially affect human health or the environment,

pursuant to Executive Order 13175 of November 6, 2000 (Consultation and

Coordination With Indian Tribal Governments), the Presidential Memorandum

of January 26, 2021 (Tribal Consultation and Strengthening Nation-to-Nation

Relationships), and the Presidential Memorandum of November 30, 2022

(Uniform Standards for Tribal Consultation), and fulfill obligations

established pursuant to Executive Order 13007 of May 24, 1996 (Indian

Sacred Sites);

(ix) carry out environmental reviews under the National Environmental

Policy Act (NEPA), 42 U.S.C. 4321 et seq., consistent with the statute and

its implementing regulations and through the exercise of the agency's

expertise and technical judgment, in a manner that:

(A) analyzes direct, indirect, and cumulative effects of Federal actions

on communities with environmental justice concerns;

(B) considers best available science and information on any disparate

health effects (including risks) arising from exposure to pollution and

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other environmental hazards, such as information related to the race,

national origin, socioeconomic status, age, disability, and sex of the

individuals exposed; and

(C) provides opportunities for early and meaningful involvement in the

environmental review process by communities with environmental justice

concerns potentially affected by a proposed action, including when

establishing or revising agency procedures under NEPA;

information related to the race,

national origin, socioeconomic status, age, disability, and sex of the

individuals exposed; and

(C) provides opportunities for early and meaningful involvement in the

environmental review process by communities with environmental justice

concerns potentially affected by a proposed action, including when

establishing or revising agency procedures under NEPA;

(x) in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C.

2000d, and agency regulations, ensure that all programs or activities

receiving Federal financial assistance that potentially affect human health

or the environment do not directly, or through contractual or other

arrangements, use criteria, policies, practices, or methods of

administration that discriminate on the basis of race, color, or national

origin;

(xi) ensure that the public, including members of communities with

environmental justice concerns, has adequate access to information on

Federal activities, including planning, regulatory actions, implementation,

permitting, compliance, and enforcement related to human health or the

environment, when required under the Freedom of Information Act, 5 U.S.C.

552; the Government in the Sunshine Act, 5 U.S.C. 552b; the Clean Air Act,

42 U.S.C. 7401 et seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the

Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42

U.S.C. 11001 et seq.; or other environmental statutes with public

information provisions;

(xii) improve collaboration and communication with State, Tribal,

territorial, and local governments on programs and activities to advance

environmental justice;

(xiii) encourage and, to the extent permitted by law, ensure that

Government-owned, contractor-operated facilities take appropriate steps to

implement the directives of this order;

ental statutes with public

information provisions;

(xii) improve collaboration and communication with State, Tribal,

territorial, and local governments on programs and activities to advance

environmental justice;

(xiii) encourage and, to the extent permitted by law, ensure that

Government-owned, contractor-operated facilities take appropriate steps to

implement the directives of this order;

(xiv) consider ways to encourage and, as appropriate, ensure that

recipients of Federal funds--including recipients of block grant funding--

and entities subject to contractual, licensing, or other arrangements with

Federal agencies advance environmental justice;

(xv) develop internal mechanisms to achieve the goals of this order,

including by:

(A) creating performance metrics and other means of accountability;

(B) identifying and dedicating staff, funding, and other resources; and

(C) providing appropriate professional development and training of agency

staff; and

(xvi) consistent with section 2-2 of Executive Order 12898, ensure that

Federal activities do not have the effect of:

(A) excluding persons, including populations, from participation in

Federal activities on the basis of their race, color, or national origin;

(B) denying persons, including populations, the benefits of Federal

activities on the basis of their race, color, or national origin; or

(C) subjecting persons, including populations, to discrimination on the

basis of their race, color, or national origin.

(b) The Administrator of the Environmental

Protection Agency (EPA) shall:

or, or national origin;

(B) denying persons, including populations, the benefits of Federal

activities on the basis of their race, color, or national origin; or

(C) subjecting persons, including populations, to discrimination on the

basis of their race, color, or national origin.

(b) The Administrator of the Environmental

Protection Agency (EPA) shall:

(i) in carrying out responsibilities under section 309 of the Clean Air

Act, 42 U.S.C. 7609, assess whether each agency analyzes and avoids or

mitigates disproportionate human health and environmental effects on

communities with environmental justice concerns; and

(ii) report annually to the Chair of the Council on Environmental Quality

(CEQ) and the White House Environmental Justice Interagency Council

(Interagency Council) described in section 7 of this order on EPA's Clean

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Air Act section 309 reviews regarding communities with environmental

justice concerns and provide recommendations on legislative, regulatory, or

policy options to advance environmental justice in Federal decision-making.

(c) In carrying out assigned responsibilities under

Executive Order 12250 of November 2, 1980 (Leadership

and Coordination of Nondiscrimination Laws), the

Attorney General shall assess agency efforts to ensure

compliance with civil rights laws in programs and

activities receiving Federal financial assistance that

potentially affect human health or the environment and

shall report annually based on publicly available

information to the Chair of CEQ regarding any relevant

pending or closed litigation.

ure

compliance with civil rights laws in programs and

activities receiving Federal financial assistance that

potentially affect human health or the environment and

shall report annually based on publicly available

information to the Chair of CEQ regarding any relevant

pending or closed litigation.

Sec. 4. Environmental Justice Strategic Plans. (a) No

later than 18 months after the date of this order and

every 4 years thereafter, each agency shall submit to

the Chair of CEQ and make available to the public

online an Environmental Justice Strategic Plan.

(b) Each Environmental Justice Strategic Plan

shall, based on guidance provided by the Chair of CEQ

under section 9 of this order, set forth the agency's

vision, goals, priority actions, and metrics to address

and advance environmental justice and to fulfill the

directives of this order, including through the

identification of new staffing, policies, regulations,

or guidance documents.

(c) Each Environmental Justice Strategic Plan shall

also identify and address opportunities through

regulations, policies, permits, or other means to

improve accountability and compliance with any statute

the agency administers that affects the health and

environment of communities with environmental justice

concerns. Such measures may include:

all

also identify and address opportunities through

regulations, policies, permits, or other means to

improve accountability and compliance with any statute

the agency administers that affects the health and

environment of communities with environmental justice

concerns. Such measures may include:

(i) increasing public reporting by regulated entities;

(ii) expanding use of pollution measurement and other environmental impact

or compliance assessment tools such as fenceline monitoring;

(iii) improving the effectiveness of remedies to provide relief to

individuals and communities with environmental justice concerns, such as

remedies that penalize and deter violations and promote future compliance,

including harm mitigation and corrective action; and

(iv) considering whether to remove exemptions or waivers that may undermine

the achievement of human health or environmental standards.

(d) No later than 2 years after the submission of

an Environmental Justice Strategic Plan, each agency

shall submit to the Chair of CEQ, and make available to

the public, an Environmental Justice Assessment that

evaluates, based on guidance provided by the Chair of

CEQ under section 9 of this order, the effectiveness of

the agency's Environmental Justice Strategic Plan. The

Environmental Justice Assessment shall include an

evaluation of:

(i) the agency's progress in implementing its Environmental Justice

Strategic Plan;

(ii) any barriers to implementing the agency's Environmental Justice

Strategic Plan; and

(iii) steps taken to address any barriers identified.

the agency's Environmental Justice Strategic Plan. The

Environmental Justice Assessment shall include an

evaluation of:

(i) the agency's progress in implementing its Environmental Justice

Strategic Plan;

(ii) any barriers to implementing the agency's Environmental Justice

Strategic Plan; and

(iii) steps taken to address any barriers identified.

(e) An agency's completion of an Environmental

Justice Strategic Plan and Environmental Justice

Assessment shall satisfy the requirements of section 1-

103 of Executive Order 12898.

(f) The Environmental Justice Scorecard established

under section 223(d) of Executive Order 14008 shall

address agency progress toward achieving the goals

outlined in this order and shall include, among other

items, a section on agencies' Environmental Justice

Strategic Plans and Environmental Justice Assessments.

(g) The Chair of CEQ may request additional

periodic reports, information, or evaluations on

environmental justice issues from agencies.

(h) Independent regulatory agencies are strongly

encouraged to comply with the provisions of this order

and to provide a notice to the Chair

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of CEQ of their intention to do so. The Chair of CEQ

shall make such notices publicly available and maintain

a list online of such agencies.

(h) Independent regulatory agencies are strongly

encouraged to comply with the provisions of this order

and to provide a notice to the Chair

[[Page 25257]]

of CEQ of their intention to do so. The Chair of CEQ

shall make such notices publicly available and maintain

a list online of such agencies.

Sec. 5. Research, Data Collection, and Analysis to

Advance Environmental Justice. (a) To address the need

for a coordinated Federal strategy to identify and

address gaps in science, data, and research related to

environmental justice, the Director of the Office of

Science and Technology Policy (OSTP) shall establish an

Environmental Justice Subcommittee of the National

Science and Technology Council (Environmental Justice

Subcommittee).

(i) The Director of OSTP, in consultation with the Chair of CEQ, shall

designate at least two co-chairs of the Environmental Justice Subcommittee

and may designate additional co-chairs as appropriate. The membership of

the Subcommittee shall consist of representatives of agencies invited by

the Director, in consultation with the Chair of CEQ.

(ii) The Environmental Justice Subcommittee and the Interagency Council

described in section 7 of this order shall hold an annual summit on the

connection of science, data, and research with policy and action on

environmental justice.

as appropriate. The membership of

the Subcommittee shall consist of representatives of agencies invited by

the Director, in consultation with the Chair of CEQ.

(ii) The Environmental Justice Subcommittee and the Interagency Council

described in section 7 of this order shall hold an annual summit on the

connection of science, data, and research with policy and action on

environmental justice.

(iii) The Environmental Justice Subcommittee shall prepare, and update

biennially, an Environmental Justice Science, Data, and Research Plan

(Research Plan) to:

(A) analyze any gaps and inadequacies in data collection and scientific

research related to environmental justice, with a focus on gaps and

inadequacies that may affect agencies' ability to advance environmental

justice, including through the Environmental Justice Strategic Plans

required under section 4 of this order;

(B) identify opportunities for agencies to coordinate with the research

efforts of State, Tribal, territorial, and local governments; academic

institutions; communities; the private sector; the non-profit sector; and

other relevant actors to accelerate the development of data, research, and

techniques--including consideration of Indigenous Knowledge--to address

gaps and inadequacies in data collection and scientific research that may

affect agencies' ability to advance environmental justice;

(C) provide recommendations to agencies on the development and use of

science, data, and research to support environmental justice policy and the

agency responsibilities outlined in section 3 of this order;

(D) provide recommendations to the Chair of CEQ on data sources to

include in the Climate and Economic Justice Screening Tool established

pursuant to section 222(a) of Executive Order 14008;

provide recommendations to agencies on the development and use of

science, data, and research to support environmental justice policy and the

agency responsibilities outlined in section 3 of this order;

(D) provide recommendations to the Chair of CEQ on data sources to

include in the Climate and Economic Justice Screening Tool established

pursuant to section 222(a) of Executive Order 14008;

(E) provide recommendations to agencies on ethical standards, privacy

protections, and other requirements for the development and use of science,

data, and research addressed in the Research Plan, including

recommendations with respect to engaging in consultation with and obtaining

consent of Tribal Nations; and

(F) provide recommendations to agencies on:

(1) encouraging participatory science, such as research or data collection

undertaken by communities or the public, and, as appropriate, integrating

such science into agency decision-making processes;

(2) taking steps to ensure or encourage, as appropriate, that collections

of data related to environmental justice include data from the Territories

and possessions of the United States;

(3) improving the public accessibility of research and information produced

or distributed by the Federal Government, including through the use of

machine-readable formats, where appropriate;

(4) disaggregating environmental risk, exposure, and health data by race,

national origin, income, socioeconomic status, age, sex, disability, and

other readily accessible and appropriate categories;

(5) identifying and addressing data collection challenges related to

patterns of historical or ongoing racial discrimination and bias;

[[Page 25258]]

(6) analyzing cumulative impacts (including risks) from multiple sources,

pollutants or chemicals, and exposure pathways, and accounting for non-

chemical stressors and current and anticipated climate change;

cessible and appropriate categories;

(5) identifying and addressing data collection challenges related to

patterns of historical or ongoing racial discrimination and bias;

[[Page 25258]]

(6) analyzing cumulative impacts (including risks) from multiple sources,

pollutants or chemicals, and exposure pathways, and accounting for non-

chemical stressors and current and anticipated climate change;

(7) in collaboration with Tribal Nations, as appropriate, collecting,

maintaining, and analyzing information on consumption patterns of fish,

wildlife, and plants related to subsistence and cultural practices of

Tribal and Indigenous populations;

(8) providing opportunities for meaningful engagement for communities with

environmental justice concerns on the development and design of data

collection and research strategies relevant to those communities; and

(9) implementing sections 3-3 and 4-4 of Executive Order 12898 in an

efficient and effective manner.

(b) Consistent with sections 3-3 and 4-4 of

Executive Order 12898, each agency shall take

appropriate steps, considering the recommendations of

the Environmental Justice Subcommittee, to promote the

development of research and data related to

environmental justice, including enhancing the

collection of data, supporting the creation of tools to

improve the consideration of environmental justice in

decision-making, providing analyses of cumulative

impacts and risks, and promoting science needed to

inform decisions that advance environmental justice.

environmental justice, including enhancing the

collection of data, supporting the creation of tools to

improve the consideration of environmental justice in

decision-making, providing analyses of cumulative

impacts and risks, and promoting science needed to

inform decisions that advance environmental justice.

(c) When conducting research and data collection in

furtherance of the directives in this order and

Executive Order 12898, agencies shall comply with

applicable regulations and directives, including those

related to standards of ethics for the protection of

human subjects, such as those set forth in Executive

Order 12975 of October 3, 1995 (Protection of Human

Research Subjects and Creation of National Bioethics

Advisory Commission), and the Presidential Memorandum

of January 27, 2021 (Restoring Trust in Government

Through Scientific Integrity and Evidence-Based

Policymaking).

Sec. 6. Community Notification on Toxic Chemical

Releases. To ensure that the public, including members

of communities with environmental justice concerns,

receives timely information about releases of toxic

chemicals that may affect them and health and safety

measures available to address such releases:

(a) Each agency shall report in accordance with

sections 301 through 313 of EPCRA after considering

applicable EPA guidance and without regard to the

Standard Industrial Classification or North American

Industry Classification System delineations.

y

measures available to address such releases:

(a) Each agency shall report in accordance with

sections 301 through 313 of EPCRA after considering

applicable EPA guidance and without regard to the

Standard Industrial Classification or North American

Industry Classification System delineations.

(b) No later than 6 weeks following a release

requiring notification by an agency under section

304(a) of EPCRA, the notifying agency shall hold a

public meeting providing the information required under

section 304(b)(2) of EPCRA, including information on

the nature of the release, known or anticipated health

risks, and the proper precautions to take as a result.

The agency shall provide notice of a public meeting no

later than 72 hours after a release.

(c) The Administrator of EPA shall evaluate

available legal authorities and consider any additional

steps it may require or encourage non-Federal

facilities that report releases under EPCRA to

undertake in connection with the report.

(d) The Administrator of EPA shall provide the

Environmental Justice Subcommittee established by

section 5 of this order with an annual report on trends

in data in the Toxic Release Inventory established by

section 313 of EPCRA to inform the development of the

Research Plan required under section 5(a)(iii) of this

order.

EPA shall provide the

Environmental Justice Subcommittee established by

section 5 of this order with an annual report on trends

in data in the Toxic Release Inventory established by

section 313 of EPCRA to inform the development of the

Research Plan required under section 5(a)(iii) of this

order.

Sec. 7. White House Environmental Justice Interagency

Council. (a) Section 1-102(b) of Executive Order 12898,

as amended by section 220(a) of Executive Order 14008,

and further amended by section 4(b) of Executive Order

14082, creating the White House Environmental Justice

Interagency Council, is amended to read as follows:

[[Page 25259]]

``(b) Membership. The Interagency Council shall

consist of the following additional members:

(i) the Secretary of State;

(ii) the Secretary of Defense;

(iii) the Attorney General;

(iv) the Secretary of the Interior;

(v) the Secretary of Agriculture;

(vi) the Secretary of Commerce;

(vii) the Secretary of Labor;

(viii) the Secretary of Health and Human Services;

(ix) the Secretary of Housing and Urban Development;

(x) the Secretary of Transportation;

(xi) the Secretary of Energy;

(xii) the Secretary of Veterans Affairs;

(xiii) the Secretary of Homeland Security;

(xiv) the Administrator of the Environmental Protection Agency;

(xv) the Director of the Office of Management and Budget;

(xvi) the Chair of the Council of Economic Advisers;

(xvii) the Administrator of General Services;

(xviii) the Executive Director of the Federal Permitting Improvement

Steering Council;

(xix) the Director of the Office of Science and Technology Policy;

(xx) the Assistant to the President and National Climate Advisor;

(xxi) the Assistant to the President for Domestic Policy;

(xxii) the Assistant to the President for Economic Policy;

Advisers;

(xvii) the Administrator of General Services;

(xviii) the Executive Director of the Federal Permitting Improvement

Steering Council;

(xix) the Director of the Office of Science and Technology Policy;

(xx) the Assistant to the President and National Climate Advisor;

(xxi) the Assistant to the President for Domestic Policy;

(xxii) the Assistant to the President for Economic Policy;

(xxiii) the Executive Director of the White House Gender Policy Council;

(xxiv) the Senior Advisor to the President for Clean Energy Innovation and

Implementation; and

(xxv) other relevant agency heads as determined by the Chair of CEQ.''

(b) Section 1-102(d) of Executive Order 12898, as

amended by section 220(a) of Executive Order 14008, is

further amended by adding the following sentence at the

end: ``The Interagency Council shall support and

facilitate interagency collaboration on programs and

activities related to environmental justice, including

the development of materials for environmental justice

training to build the capacity of Federal employees to

advance environmental justice and to increase the

meaningful participation of individuals from

communities with environmental justice concerns in

Federal activities.''

l justice, including

the development of materials for environmental justice

training to build the capacity of Federal employees to

advance environmental justice and to increase the

meaningful participation of individuals from

communities with environmental justice concerns in

Federal activities.''

(c) Section 1-102(g) of Executive Order 12898, as

amended by section 220(a) of Executive Order 14008, is

amended to read as follows: ``Officers. The head of

each agency on the Interagency Council shall designate

an Environmental Justice Officer within the agency with

the authority to represent the agency on the

Interagency Council and with the responsibility for

leading agency planning and implementation of the

agency's Environmental Justice Strategic Plan,

coordinating with CEQ and other agencies, and

performing such other duties related to advancing

environmental justice as the head of the agency deems

appropriate.''

(d) Section 1-102 of Executive Order 12898, as

amended by section 220(a) of Executive Order 14008, is

further amended by adding the following at the end:

[[Page 25260]]

``(h) Memorandum of Understanding. The Interagency

Council shall adopt a Memorandum of Understanding among

its members that sets forth the objectives, structure,

and planned operations of the Interagency Council.

) of Executive Order 14008, is

further amended by adding the following at the end:

[[Page 25260]]

``(h) Memorandum of Understanding. The Interagency

Council shall adopt a Memorandum of Understanding among

its members that sets forth the objectives, structure,

and planned operations of the Interagency Council.

(i) Public meetings. In coordination with the White

House Environmental Justice Advisory Council, the

Interagency Council shall hold at least one public

meeting per year. The Interagency Council shall

prepare, for public review, a summary of the comments

and recommendations discussed at public meetings of the

Interagency Council.

(j) Clearinghouse. The Administrator of EPA, in

coordination with the Interagency Council, shall, no

later than March 31, 2024, establish a public,

internet-based, whole-of-government clearinghouse

composed of culturally and linguistically appropriate

and accessible materials related to environmental

justice, including:

(i) information describing the activities of the members of the Interagency

Council to address issues relating to environmental justice;

(ii) information on technical assistance, tools, and resources to assist

communities with environmental justice concerns in building capacity for

public participation;

(iii) copies of training materials developed by the Interagency Council or

its members to help individuals and employees understand and carry out

environmental justice activities; and

(iv) any other information deemed appropriate by the Administrator, in

coordination with the Interagency Council.''

communities with environmental justice concerns in building capacity for

public participation;

(iii) copies of training materials developed by the Interagency Council or

its members to help individuals and employees understand and carry out

environmental justice activities; and

(iv) any other information deemed appropriate by the Administrator, in

coordination with the Interagency Council.''

(e) Section 5-5(a) of Executive Order 12898 is

amended to read as follows: ``The public may submit

recommendations to Federal agencies relating to the

incorporation of environmental justice principles into

Federal agency programs or policies. Each Federal

agency shall convey such recommendations to the

Interagency Council.''

Sec. 8. White House Office of Environmental Justice.

(a) The White House Office of Environmental Justice is

hereby established within CEQ.

(b) The Office shall be headed by a Federal Chief

Environmental Justice Officer, who shall be appointed

by the President. The Federal Chief Environmental

Justice Officer shall advance environmental justice

initiatives, including by coordinating the development

of policies, programs, and partnerships to achieve the

policies set forth in this order; identifying

opportunities for collaboration and coordination with

State, Tribal, territorial, and local governments;

supporting the Interagency Council; and advising the

Chair of CEQ and the Interagency Council on

environmental justice matters.

hips to achieve the

policies set forth in this order; identifying

opportunities for collaboration and coordination with

State, Tribal, territorial, and local governments;

supporting the Interagency Council; and advising the

Chair of CEQ and the Interagency Council on

environmental justice matters.

(c) The heads of all agencies shall cooperate with

the Federal Chief Environmental Justice Officer and

provide such information, support, and assistance as

the Federal Chief Environmental Justice Officer may

request, as appropriate.

Sec. 9. Guidance. Within 6 months of the date of this

order, the Chair of CEQ shall issue interim guidance,

in consultation with the Interagency Council, to inform

agency implementation of this order, and shall request

recommendations on the guidance from the White House

Environmental Justice Advisory Council established by

Executive Order 14008 (Advisory Council). To reduce

redundancy and streamline reporting obligations, the

interim guidance shall identify ways for agencies to

align other related efforts, such as obligations that

agencies may have under Executive Order 13985 and

Executive Order 14008. Within 18 months of the date of

this order, the Chair of CEQ shall issue final guidance

after considering any recommendations of the Advisory

Council. The Chair of CEQ may revise any guidance, or

issue additional guidance under this order, as

appropriate, and shall consider any additional

recommendations made by the Advisory Council in issuing

or revising guidance under this section.

after considering any recommendations of the Advisory

Council. The Chair of CEQ may revise any guidance, or

issue additional guidance under this order, as

appropriate, and shall consider any additional

recommendations made by the Advisory Council in issuing

or revising guidance under this section.

Sec. 10. Reports to the President. Within 1 year of the

date for the submission of agency Environmental Justice

Strategic Plans to the Chair of CEQ under

[[Page 25261]]

section 4(a) of this order, the Chair shall, after

consultation with the Interagency Council and after

considering recommendations from the Advisory Council,

submit to the President a report that describes the

implementation of this order, includes each agency's

Environmental Justice Strategic Plan, provides

recommendations for additional steps to advance

environmental justice, and, beginning with the second

report, also provides any insights gathered from each

agency's Environmental Justice Assessment required

under section 4(d) of this order.

Sec. 11. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

uthority granted by law to an executive department or agency, or

the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

April 21, 2023.

[FR Doc. 2023-08955

Filed 4-25-23; 8:45 am]

Billing code 3395-F3-P