EPA Creates New Environmental Justice and Civil Rights Office

EPA has formally announced the creation of its new Office of Environmental Justice and External Civil Rights. This move will elevate equity, nondiscrimination, and environmental justice issues on par with other major program offices such as air, waste, water, chemicals, and enforcement. A high-ranking EPA official noted that “equity and justice issues are as centrally important as air pollution issues and as contamination cleanup issues,” and now complying with civil rights laws is a fundamental bedrock part of efforts to address pollution. The new office is expected to have 200 EPA employees and its future programs will be partly funded with new resources under the Inflation Reduction Act.

The Impact of Environmental Justice Initiatives

Environmental justice initiatives will continue to have a significant impact on environmental compliance for facilities. Specifically, compliance with applicable environmental requirements alone may no longer be sufficient to get approval for new permits or extend existing permits. EPA’s Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (FAQs) detail how permit writers should assess cumulative impacts including the option of denying a permit under civil rights law, even if it meets all environmental requirements and there is no intentional discrimination.

The concern is that civil rights concerns could hold up a permit and mitigation efforts may not suffice to address the civil rights issues. Based on EPA’s current guidance, the only way to avoid a disparate impact on a vulnerable community is to not emit or discharge a pollutant. The regulated community is awaiting further guidance from EPA next year on how to address cumulative impacts for new permits and permit renewals.

Facility Awareness and Engagement Ahead

As EPA continues to advance the agenda for environmental equity, facilities will need to recognize and be aware of these concerns in their environmental compliance and regulatory planning. The Policy Group will continue to monitor these developments and provide timely updates to NASF members. If you have any questions or would like additional information about environmental justice, please contact Jeff Hannapel or Christian Richter with NASF at jhannapel@thepolicygroup.com or crichter@thepolicygroup.com. 

This update is courtesy of the National Association for Surface Finishing (NASF). For more information or to become a member, visit nasf.org.