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What is the definition of “overburdened community” that is relevant for EPA Actions and Promising Practices?
EPA Actions and Promising Practices apply the description of overburdened communities articulated in EPA’s Plan EJ 2014. The term is used to describe the minority, low‐income, tribal and indigenous populations or communities in the United States that potentially experience disproportionate environmental harms and risks due to exposures or cumulative impacts…
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How will an EPA regional office determine whether a permitted activity impacts a potential overburdened community? What screening tool or process will EPA regional offices use to screen permit applications?
The Agency has developed a nationally consistent screening tool to help identify communities that are potentially overburdened. This tool, known as EJSCREEN, is one of several tools being developed under Plan EJ 2014. EPA anticipates that its regional offices will use EJSCREEN and other readily available information, including known community…
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Some of the Promising Practices are mentioned in EPA regulations, guidance and recommendations that EPA has issued in the past. So why is EPA issuing the Promising Practices?
EPA is issuing Promising Practices to encourage permit applicants to strategically plan and conduct enhanced outreach to overburdened communities in the permitting process. As some commenters noted, EPA has recommended some of the outreach strategies included in Promising Practices previously. Nevertheless, EPA believes that it is important to issue Promising…
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Do settlement communications, such as past “agreements in principle,” impact the implementation of the final Consent Decrees?
The parties are bound by the terms of the various final, publicly available consent decrees. These consent decrees were made available for public comment before they were finalized and entered by the Court. Past settlement communications and documents created in the course of settlement discussions have been incorporated (or not)…
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What is the Confidentiality Order?
The Confidentiality Order (Order) is a court order entered by the Federal District Court for the District of Montana (Court) on August 8, 2002, and amended by the Court on December 31, 2003, that applies to Superfund settlement negotiations in the Clark Fork River Basin, including the following sites: Silver…
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How does EPA ensure that the potentially responsible parties complete their work?
All cleanup activities performed by the PRPs are subject to enforcement instruments (i.e., consent decrees or administrative orders) that provide for EPA approval of all deliverables and oversight of all work performed by the PRPs.
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May I use the pamphlet “Protect Your Family From Lead in Your Home” to meet my obligations for pre-renovation education under the RRP Rule?
Answer: No. As of December 22, 2008, only the pamphlet “ Renovate Right ” may be used to comply with the pre-renovation education requirements of the RRP Rule. “ Protect Your Family ” is still available for use during real-estate sales and lease transactions and for general information. Question Number…
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My firm is replacing windows in a condominium. Is this type of exterior work considered work in a common area, and if so, must other owners and occupants be informed about the job?
Exterior renovations of multi-unit target housing are considered renovations of a common area. A common area is a portion of a building that is generally accessible to all residents or users of the building. Renovations in common areas of multi-unit target housing, such as condominiums, must be performed in accordance…
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Under the Pre-Renovation Education Rule, I have the option of using a certificate of mailing to notify the owner or occupant. What is the difference between a certificate of mailing and certified mail?
A certificate of mailing is a receipt showing evidence of mailing, while certified mail provides proof of mailing and delivery of mail. When using the certificate of mailing option, no record is kept at the mailing office and a receipt is not obtained when mail is delivered to the addressee…
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When multiple contractors are involved in a single renovation, must every contractor provide pre-renovation education? Can a certified firm assign its responsibility to a property management company?
All firms performing, offering or claiming to perform renovations are responsible for ensuring compliance with the pre-renovation education requirements of the RRP Rule. However, it is unnecessary for the same notifications and information to be given out repeatedly during a single renovation. Accordingly, a firm may discharge the task by…
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Are permit applicants required to adopt the Promising Practices?
EPA is not requiring permit applicants to adopt the Promising Practices. Promising Practices are simply that: good ideas in the form of suggestions to permit applicants. Permit applicants may benefit from applying these Promising Practices. EPA hopes that when permit applicants practice early and meaningful dialogue with the community, they…
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EPA Actions does not require EPA regional offices to prioritize the same types of permits and adopt the same outreach activities. Why doesn’t EPA require regional offices to always prioritize certain permits and always do certain outreach activities?
EPA Actions strikes an important balance between national consistency and regional flexibility. The Agency‐wide guidelines establish national consistency by providing EPA’s expectations for the regional implementation plans. At the same time, EPA recognizes that the regional offices need the flexibility to take actions suited to the types of permits and…
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Do EPA Actions or the Promising Practices in the Federal Register notice apply to permits that are issued by state, tribal, or local permitting authorities, or just permits that are issued by EPA?
EPA Actions and Promising Practices apply only to permits that are issued by EPA. It does not apply to permits issued by state, tribal or local governments under authority delegated by EPA. By addressing environmental justice in its permits, EPA is leading by example among federal departments and agencies. EPA…
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If permit applicants are not required to adopt the Promising Practices, why should a permit applicant adopt them?
EPA hopes that the practices described will persuade those who are new to these ideas to experiment with this form of leadership. Indeed, engaging with their communities as described in Promising Practices is consistent with many permit applicants’ core values. These principles, practices and values lead to corporate sustainability, stability…
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Are tribal and indigenous communities within the definition of overburdened communities?
Tribal and indigenous communities are included in EPA’s definition of overburdened communities under Plan EJ 2014. For nearly thirty years, EPA has worked with federally recognized tribal governments on a government‐to‐government basis as sovereigns, partners, and co‐regulators. EPA has also worked with indigenous communities to address their environmental and health…
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