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On April 15, EPA released a draft of its most recent environmental justice (EJ) plan for public comment. The document, entitled the EJ 2020 Action Agenda Framework , outlines EPA’s plans over the next five years to incorporate environmental justice considerations in its programs, policies, and activities. EPA is accepting comment until June 15. Although EPA has emphasized the EJ 2020 Framework is a strategy for advancing EJ initiatives and is not a formal rule or guidance, it is likely to influence EPA permitting, rulemaking, and enforcement decisions in the future. Accordingly, it is important that municipal clean water utilities review the document and consider how EJ considerations could impact their agencies and communities.

This Advocacy Alert provides a brief background and summary of EPA EJ efforts and the key components of the EJ 2020 Framework, outlines NACWA existing advocacy work on EJ issues, and requests member input to assist NACWA in developing comments on the draft EJ 2020 document.

Background on EPA EJ Efforts & EJ 2020 Framework

Over the last two decades, EPA has endeavored to include environmental justice considerations in its national policy and regulatory decision related to environmental protection. EPA defines EJ 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.” The Agency’s EJ efforts have focused in particular on those communities that it believes are disproportionately impacted by negative environmental conditions, including communities that are “environmentally overburdened, underserved, and economically distressed.”

The EJ 2020 Framework is EPA’s most recent strategic plan outlining how the Agency plans to incorporate EJ considerations into its environmental initiatives. The document seeks to build on EPA’s previous EJ plan, known as Plan EJ 2014, and explains how EPA intends to implement EJ priorities across all of its programs over the next five years. Under the proposed Framework, EPA plans to focus its EJ efforts on three broad areas:

• Deepen EJ practice within EPA programs to improve the health and environment of overburdened communities. This will include incorporating EJ in rulemaking, permitting, and enforcement decisions. Additionally, EPA will strive to provide additional tools and metrics (like the EJSCREEN Tool, described in more detail below) for including EJ considerations in decision making.
• Collaborate with key stakeholders to expand EPA’s impact within overburdened communities. This element will involve significant collaboration between EPA and states, local governments, utilities, and community and activist groups to share and develop EJ tools and practices.
• Demonstrate progress on outcomes that matter to overburdened communities. EPA will pursue measures to ensure Agency accountability on EJ efforts and demonstrate outcomes in communities, including developing indicators of progress in collaboration with key stakeholder groups.

The EJ 2020 Framework also outlines some specific EJ objectives that EPA hopes to accomplish during 2015.

NACWA Advocacy on EJ Issues

NACWA has had significant interaction with EPA on EJ issues in recent years. The Association submitted comments  on EPA’s earlier Plan EJ 2014, and has also been engaged with the Agency as it developed the draft EJ 2020 Framework. Most recently, NACWA was sought out by EPA to provide initial input on the EJ 2020 Framework, and was also successful in getting EPA to establish an extended public comment period for the document.

A key focus of NACWA’s advocacy has been to acknowledge the importance of EJ consideration in environmental policy and support EPA’s overall focus on these concerns, but also to encourage EPA consideration of the affordability challenges facing many communities around the nation as a key EJ issue. As municipal clean water utilities are required to make significant financial investments to meet current and future Clean Water Act obligations, the same overburdened communities and neighborhoods that are the focus of EPA’s EJ efforts are also the same communities experiencing difficulty affording the resulting higher water and sewer rates. From NACWA’s perspective, the issue of community affordability is just as important as any other EJ consideration, and should be included prominently within any EJ analysis of proposed regulatory or enforcement actions impacting underserved or overburdened communities.

EPA has been receptive to the need for greater consideration of community economic and affordability factors. This positive momentum is reflected in the fact that the EJ 2020 Framework specifically identifies “economically distressed communities” as among those that will be included in the Agency’s new EJ focus. However, NACWA believes that continued advocacy with EPA will be necessary to ensure that affordability and other economic considerations are cemented within the Agency’s EJ initiatives. NACWA will be working closely with EPA moving forward to accomplish this goal.

NACWA has also recently been provided access to EPA’s new EJSCREEN tool, which is referenced as part of the proposed EJ 2020 Framework and is planned for public release in mid-June. EJSCREEN is intended to be an informational tool for use by EPA, states, the regulated community, and the public to screen for a variety of environmental, demographic, and economic factors that could be helpful to understand when making environmental compliance decisions. It also has powerful data and mapping capabilities to display environmental and demographic information that NACWA believes could be very helpful to clean water utilities. Additional information on EJSCREEN is available here, and EPA will be hosting a series of public webinars  over the coming weeks for those interested in learning more about it. NACWA has been impressed with the tool thus far although believes there are additional areas where it can be improved, and will be working with EPA to make continued improvements to the tool.

Member Input Requested on EJ 2020 Framework

EPA has stated the EJ 2020 Framework is only a strategy document outlining the Agency’s goals for EJ initiatives, not a rule or guidance creating any legal obligations or regulatory requirements. However, the document will likely influence EPA’s decision making going forward on a variety of issues including rulemaking, permits, and enforcement actions. Accordingly, it is important that members of the municipal clean water community review and provide input on the document. The public comment period runs until June 15, 2015.

NACWA will be submitting comments on the draft framework and requests that any member with thoughts, questions, or reactions to the document please provide input to NACWA to help inform the Association’s comment effort. Comments should be sent to Amanda Waters at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by May 29, 2015. Members are also strongly encouraged to submit their own comments directly to EPA via the instructions provided on the Framework document.

NACWA will continue to track developments regarding EPA’s EJ initiatives and will provide information to the membership as it becomes available.