Justice40 at EPA

In January 2021, President Biden’s Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad announced Justice40, which mandates that at least 40% of the benefits of certain federal investments must flow to disadvantaged communities. Justice40 is a whole-of-government approach and is jointly led by the Council on Environmental Quality (CEQ), Office of Management and Budget (OMB), and the White House Office of Domestic Climate Policy, along with the White House Environmental Justice Interagency Council that is convened by CEQ. Learn more about the Biden-Harris Administration’s Justice40 Initiative.

On this page:

• Overview of Justice40 at EPA
• Meaningful Engagement on Justice40 at EPA
• Environmental Justice at EPA

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Overview of Justice40 At EPA

In July 2021, EPA received Interim Guidance to support implementation of Justice40. This guidance included six EPA programs as part of the Justice40 pilot:

• Drinking Water State Revolving Fund
• Clean Water State Revolving Fund
• Reducing Lead in Drinking Water
• Superfund
• Brownfields
• Diesel Emissions Reductions Act Program (DERA)

Since the establishment of the pilot programs, EPA expanded the number of J40 covered programs, including programs funded by the Bipartisan Infrastructure Law (BIL) that match the criteria for Justice40 in July 2022. EPA is focusing on these pilot and BIL-funded programs as the first phase of full Justice40 implementation at EPA. In November 2023, EPA updated the current list of Agency programs covered under Justice40 to include many programs funded by the Inflation Reduction Act (IRA).

See the current list of all EPA programs covered under Justice40

See the current list of all federal programs covered under Justice 40

EPA is also in the process of developing benefit methodologies to track and report the benefits going toward disadvantaged communities that are marginalized, underserved, and overburdened by pollution.

EPA's BIL webpage has resources for partners and communities explaining how to access BIL programs that may be related to Justice40 effort.

Meaningful Engagement on Justice40 at EPA

Meaningful engagement is key to the success of Justice40. Examples of how EPA is engaging partners, stakeholders and communities on Justice40 include:

• EPA supports the White House Environmental Justice Advisory Council (WHEJAC), which provides advice to CEQ, and all agencies on Justice40 and other Administration environmental justice initiatives. The CEQ Response to the WHEJAC May 2021 Final Recommendations includes input from EPA.
• The April 2022 National Environmental Justice Advisory Council (NEJAC) Public Meeting discussed EPA efforts related to Justice40. The June 2022 NEJAC Public Meeting discussed EPA's investments for addressing environmental justice.
• EPA's Bipartisan Infrastructure Law SRF Memorandum outlines a strategy for collaborative implementation with state, local, and Tribal partners of $43 billion in water infrastructure funding through the Bipartisan Infrastructure Law. 
• EPA hosted bi-weekly National Environmental Justice Community Engagement Calls that featured the 6 EPA programs in the J40 pilot.
• At the NEJAC April 2022 public meeting, EPA committed to not only meet but exceed the mandate of Justice40 that 40 percent of benefits of our Justice40 programs flow to disadvantaged communities. In addition, EPA committed to meet and exceed the 40 percent goal for the investments of those Justice40 programs, not just the benefits.

Environmental Justice at EPA

EPA’s efforts on environmental justice go beyond Justice40.  Examples of how we continue to advance environmental justice include:

• In 2021, Administrator Regan issued agency-wide guidance directing all offices and regions to prioritize the advancement of environmental justice. The agency has followed through by taking action to protect overburdened communities, strengthening the role of enforcement, and directing $100 million from the American Rescue Plan funding toward environmental justice priorities including air monitoring, community grants, and children’s health efforts
• Administrator Regan also embarked on a first-of-its-kind “Journey to Justice” tour in Mississippi, Louisiana, and Texas to spotlight longstanding environmental justice concerns and hear firsthand from residents dealing with the severe impacts of pollution in these areas.
• For the first time, EPA’s final Strategic Plan includes a new strategic goal focused solely on addressing climate change and an unprecedented goal to advance environmental justice and external civil rights compliance. EPA’s Strategic Plan deepens the agency's commitment to protecting human health and the environment for all people, with an emphasis on historically overburdened and underserved communities. Through all of these environmental justice efforts, we will continue working with our federal, state, tribal, local and community partners to deliver more benefits to communities that need them the most.
• EPA’s Equity Action Plan fulfills President Biden’s Executive Order 13985 directing EPA, along with other federal agencies, to assess whether underserved communities and their members face systemic barriers in accessing benefits and opportunities through the federal government.