Revitalizing Our Nation's Commitment to Environmental Justice for All, 25251-25261 [2023-08955]

Agencies

• Executive Office of the President

[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.

                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. 
                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. 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,

[[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.

                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.

                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.

                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]]

                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:

(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.
                    (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;

(iii) identify, analyze, and address historical inequities, systemic 
barriers, or actions related to any Federal regulation, policy, or practice 
that impair

[[Page 25254]]

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;

(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;

(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

[[Page 25255]]

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;

(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;

(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:

(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

[[Page 25256]]

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.

                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:

(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.

                    (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.

                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.

(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;

  (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;

(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.
                    (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.
                    (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.

                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;

(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.''
                    (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.
                    (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.''

                    (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.
                    (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.

                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.
                    (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