Biden releases Climate and Economic Justice Screening tool

Two recent actions by Biden Administration will identify areas for environmental justice (EJ). They will also influence environmental enforcement priorities and federal permitting and licencing, as well as federal spending. The White House Council on Environmental Quality released the beta version (or draft) of its Environmental Quality Policy on February 18.Climate and Economic Justice Screening Tool(CEJST), an important component of President Bidens Justice40 Initiative, and mandated by thatExecutive Order 14008. Last year, we described the Justice40 Initiative’s goal of Delivering 40% of the overall benefits from relevant federal investmentsto communities that are most in need. The CEJST has a specific purpose: To assist agenciesIdentifyassist agencies in determining whether 40% of federal benefits are being received by the communities.

CEJST is, in summary, a map and accompanying list that shows the US’ disadvantaged communities, as determined using eight categories of disadvantaged status indicators. CEJST uses aBaseline of low income and low higher education enrollment rates plus at least one additional burdenYou will be placed in a category that determines your disadvantaged status. CEQ is now solicitingFeedbackA long draft has been published by the CEJSTspreadsheetThese communities are often the most economically disadvantaged.

Last Friday, the Environmental Protection Agency released a similar release.EJSCREEN 2.0Updated version of itsEJSCREEN 1.It is a widely used tool by federal and state agencies to conduct a wide variety of screenings, outreach, or analyses. EJSCREEN 2.0 features new environmental justice indicators, such as an underground storage container indicator and an unemployment indicator. It also includes updated environmental and demographic data right down to the block level (i.e.About 1200 people are affected.

Comparative: CEJST & EJSCREEN 2.0

These tools are interrelated and use the same (but not identical!) datasets and indices. CEQ describes the tools in its complementarity, stating that EJSCREEN is a tool to screen potential disproportionate environmental harms and burdens at the community level. The CEJST maps and defines disadvantaged communities to help Federal agencies determine how they can benefit from certain programs.

The key difference is that EJSCREEN was created by EPA, while CEJST was developed by the White House CEQ. You can find more information at aCommunity Engagement CallEPA explained that CEQs CEJST have a specific purpose related to President Bidens Justice40 benefit delivery to ensure that benefits of government go the most needy communities, while EPAs EJSCREEN is a broad tool for a lot different purposes that combines demographic and environmental data to highlight vulnerable populations that may be disproportionately impacted. The two tools are very distinct in this regard. EPA provided an example of how diesel grants work. However, Justice40 benefits are not limited to actual dollars flowing into communities. Program administrators could refer to the CEJST map listing disadvantaged communities in the context of diesel grants (i.e.(1) Communities that are above the 65th PercentileLow income(2) at or below 20%higher education enrollment rate(3) At least three years of experienceOne other listed burdenTo determine whether 40% of grants went to those communities, we can use the information to compare it to grants that have been or will be given to a specific category. Using EJSCREEN, administrators were able to determine how many grants were given to communities in the top percentile of diesel particulate matter, regardless of their income or education rate.i.e.The CEJST baselines for disadvantaged communities. EPA stated that the combination of the tools can help it to determine where program benefits are having an effect and then adjust the program accordingly. EPA explained that each tool has its strengths. EPA stated, in effect, that the tools can offer different perspectives.

Both tools are GIS mapping tools. EJSCREEN works at the 1,200-person-level, while CEJST works at the 4,000 person-level. EJSCREEN maps 12 different indexes with underlying indicators. CEJST labels 8 areas with underlying markers. However, the indicators within these tools can be grouped differently or differ where they overlap. EJSCREEN is used by the CEJST to compile indicators such as diesel particulate matter, PM 2.5, traffic proximity and proximity to hazardous waste sites. However, EJSCREEN also includes demographic indicator, such as people with color, which are not available in the CEJST. Both EJSCREEN AND the CEJST are described in Screening toolsCEQ indicated that the CEJST tool was intended for important uses and will not be subject to judicial review. CEQ stated that it is committed to legal permanence of the CEJST tool and responded to questions about its lack of inclusion. EPA explained that EJSCREEN will always include race in it, as it was designed for the purpose of allowing it to be used.

The CEJST: A Closer Look

The CEJST is expected to be used by government agencies and community members. It will allow them access to indicators at the census-track levels, which is approximately one in every 4,000 US citizens. It allows users to search by zip code, state, and city to determine if any thresholds have been exceeded.

There are two important elements to consider when assessing the disadvantaged status of a census tract. A census tract is a unit of measurement that can be used to determine if a person is disadvantaged.Identified as disadvantagedUp toEight categoriesMultiple indicators within each category are used to calculate the score. These eight categories include Clean Energy, Health, Workforce Development and Workforce Development. The CEJST website has more information about the eight categories.DatabasesUsed for each category.

CEQ presents the disadvantaged label for census tracks that exceed:

(1)Any of the four burden thresholds can be usedfor the category (first paragraph);AND

(2)BOTH socioeconomic thresholdsThe category (second bullet)

1. Climate Change

• Expected at or above the 90% markagriculture loss rateOR what is expectedbuilding loss rateOR expectedpopulation loss rate; AND

• is above 65th percentile in low income and below 20% in higher ed enrollment rates

2. Clean Energy and Energy Efficiency

3. Clean Transit

• At or above the 90th percentile for diesel particulate matter exposure; or traffic proximity and volume

• is at or below 25% for higher ed enrollment rate

4. Affordable and Sustainable Housing

• Median home value is at least 90th percentile, for lead paint.

• Low income is above 65th percentile. Higher ed enrollment rates are below 20%

5. Remediation and reduction of legacy polluting

• At or above the 90th percentile for proximity to hazardous waste facilitiesOR near to NPL sitesOR close to RMP facilities; AND

• is at or below the 65th percentile of low income, and at or below 20% for higher education enrollment rate

6. Critical Clean Water and Waste Infrastructure

7. Health Burdens

8. Training and Workforce Development Note: There are variations in socioeconomic indicators

• at or above the 90th percentilefor low median incomeas a percent of area median income ORlinguistic isolationORunemploymentOR percent individuals in households at or below 100%federal poverty level; AND

• At or below 90% for high school degree attainment rate for adults 25 and older, AND at or below 20%for higher ed enrollment

The Tools You Need

EJSCREEN is already used in EPABroadlyIts work is to identify and address EJ concerns. EJSCREEN is used to help EPA prioritize enforcement actions, permit throughout federal programs and superfund clean-up and brownfields redevelopment. EJSCREEN also helps to prioritize grants to communities. EJSCREEN was recently used in Clean Air Act analyses (see this example on air toxics).Risk and Technology Review) and to inform reporting under the Emergency Planning and Community Right-to-Know Act (see, for instance, this recent addition to theToxics Inventory). EJSCREEN is also used by federal and state agencies, local communities, organisations, and academia.

CEQ has stated that the CEJST would beUsedagencies to direct federal investments to disadvantaged communities, in seven key areas: climate, clean energy, energy efficiency, clean transit and affordable housing. Justice40pilotEPA will use the CEJST to focus on lead in drinking waters, diesel emissions reductions and superfund site remediation. Brownfields redevelopment will also be addressed.

EPA and other agencies can make use of both these tools to inform their actions in relation to diverse sets climate, energy, housing, environmental indicators. These tools can be used by permitting authorities, industry representatives, and community members to analyze the locations for their demographic profiles as well as whether or not they are disadvantaged areas that require remediation. For example, if a company plans on developing or expanding a new oil-and-gas field well or an expansion to improve the capacity of a manufacturing site that releases to water or air, we expect federal agencies to use these tools to analyze surrounding communities to determine their demographic profiles and determine whether they are considered disadvantaged. Companies seeking permits, licenses, or permissions should use these tools to gain insight about community needs. They can also view perspectives related to historical operations and contamination that could affect community support.

Companies should consider the inputs and defendability of the data and methodologies when running the tools. CEQ is currently seeking comments on the CEJSTsData and methodologyThrough itsWebsite, and a Federal Register notice published on February 23rd announcing the aforementioned.CommentThe period runs from April 25 to May 25. This comment period is for stakeholders to discuss any gaps in data or issues with the methods used to identify disadvantaged community. They can also make suggestions about how CEJST could be used in coordination to other regulatory and non-regulatory tools that can improve disadvantaged communities.