Executive Order No. 14096. Revitalizing Our Nation's Commitment to Environmental Justice for All

• Citation: 88 FR 25251
• Published date: 26 April 2023
• FR Document: 2023-08955
• Pages: 25251-25261
• Executive Order No.: 14096
• Date: 21 April 2023
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 88 Issue 80 (Wednesday, April 26, 2023)

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
                [[Page 25257]]
                 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