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EJ40: What Is It?

March 30th, 2023

The Federal Government has made it a goal that 40 percent of the overall benefits of certain Federal investments flow to disadvantaged communities that are marginalized, underserved, and overburdened by pollution, as outlined in Executive Order 14008. Federal agencies have developed agency specific approaches for implementation of EO 14008.

The EPA includes the following programs under the EJ40 initiative:

• Drinking Water State Revolving Fund
• Clean Water State Revolving Fund
• Reducing Lead in Drinking Water
• Superfund
• Brownfields
• Diesel Emissions Reductions Act Program (DERA)
• Bipartarsin Infrastructure Law (BIL)

An example of the application of EJ40 is in EPA’s Brownfields and Land Revitalization Programs. A critical part of EPA's Brownfields and Land Revitalization Program is to ensure that residents living in communities historically affected by economic disinvestment, health disparities, and environmental contamination have an opportunity to reap the benefits from brownfields redevelopment. The Program continues a rich history rooted in a commitment to environmental justice in urban and rural areas, and to helping communities revitalize brownfield properties, mitigate potential health risks, and restore economic vitality. During the review process, EPA considers the extent to which a grant would address or facilitate the identification and reduction of threats to the health or welfare of children, pregnant women, minority or low-income communities, or other sensitive populations. Additionally, EPA must consider the extent to which a grant will meet the needs of a community that has an inability to draw on other sources of funding for environmental remediation and subsequent redevelopment of the area in which a brownfield site is located because of the small population or low income of the community. HRP is assisting several Brownfield recipients with optimizing their grants to support communities and their revitalization plans.

Another important consideration is proposed rule changes/amendments under existing compliance programs with EJ considerations. One such program is Risk Management Planning (RMP) under the Clean Air Act.  Under RMP, the proposed Safer Communities by Chemical Accident Prevention (SCCAP) includes several changes and amplifications to the accident prevention program requirements, enhancements to the emergency preparedness requirements, increased public availability of chemical hazard information, and several other changes to certain regulatory definitions or points of clarification.  Specific elements with a focus on EJ considerations include the following:

• Facility Siting: Requiring siting evaluations in order to address hazards resulting from the location of industrial processes, equipment, building, and proximate facilities, and their effects on the surrounding communities.
• Safety Technology Alternatives Analysis:  Requires certain industries to perform an analysis of the covered process to determine if safer, alternative processes can be utilized.   
• Communications/Information:  There are several elements within the proposed rule that would require certain information to be made public and accessible for those in the immediate area of the facility.  This includes potential hazards as a result of the covered process, and what safety measures are in place to address those hazards.  This also includes the communication of chemical hazard information, names of regulated substances, accident history, and emergency response information to certain communities based on distance from the covered process.

Contact HRP to see if you are in an EJ area, and let us help you navigate environmental compliance for your business and potential expansion. Follow HRP to learn what the comments were and next steps on the SCAAP.

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Jesse Zahn, Regional Manager at HRP Associates, Inc.
Jacob Smith, CIH, Principal & Sr. Project Manager at HRP Associates, Inc.