Interim Environmental Justice Policy: Appendix 1

Flow Chart Entry Point:

A new major/ major renewal/ significant modification permit application is received by the lead permitting program. Region 2 notifies community stakeholders of permit application and solicits community's self-identification of EJ issues.
Question: Is the facility/ source located within proximity to Indian Country? If yes, Consult with Region 2 Indian Program Manager and proceed accordingly. If no, continue through flowchart.

Step 1. Delineate boundaries of community/area and conduct preliminary environmental burden analysis.

Question: Is there a potential burden? If yes, go to Step 2. If no, go to Step 6.

Step 2. Comparison of COC to statistical reference area.

Step 3. Determine if demographic criteria are met.

Question: Is this a potential EJ area? If yes, EPA meets with the applicant to discuss preliminary determination of EJ analysis, and then goes to Step 4. If no, go to Step 6.

Step 4. Develop a comprehensive Environmental Load Profile (ELP) and include, where applicable, additional demographic considerations.

Step 5. Determine whether the potential EJ Community shares a disproportionately high and adverse human health or environmental burden.

Question: Is this area an EJ Community? If no, go to Step 6. If yes:
EPA coordinates with the permit applicant and the community to address appropriate action.
EPA decides on appropriate action to try to mitigate impacts, which can include enhanced public participation, or special permit conditions as per omnibus or other authority. Then, go to Step 6.

Step 6. Summarize and report results of EJ Analysis. Develop the Draft Permit.