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Dec 28 -- Comment period extended to January 30, 2024. https://www.federalregister.gov/d/2023-28598

Nov 15 -- The Environmental Protection Agency (EPA) is announcing a 60-day public comment period on the draft revision of the Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (EJ Technical Guidance). Comments must be received on or before January 15, 2024.

The EJ Technical Guidance was first published in 2016. The EPA is updating it to reflect the state of the science; new peer-reviewed agency guidance; and new terminology, priorities, and direction, including Executive Order 14096. The purpose of this guidance is to outline analytic expectations and discuss technical approaches and methods that can be used by agency analysts to evaluate EJ concerns for regulatory actions. This technical guidance builds on the EPA's experience in evaluating environmental justice concerns within the rulemaking analytic process and underscores the EPA's ongoing commitment to ensuring the just treatment and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

The Technical Guidance for Assessing Environmental Justice in Regulatory Analysis (Guidance) addresses the issue of how to analytically consider environmental justice in regulatory analyses. It directs EPA analysts to assess whether environmental justice concerns exist prior to the rulemaking and whether such concerns are likely to be exacerbated or mitigated for each regulatory option under consideration. The technical guidance makes recommendations designed to ensure greater consistency across EPA assessments of EJ concerns for regulatory actions. The recommendations encourage analysts to conduct the highest quality analysis feasible, recognizing that data limitations, time and resource constraints, and analytic challenges will vary by media and circumstance. They are not designed to be prescriptive and do not mandate the use of a specific approach. Updates to the technical guidance reflect advancements in the state of the science; other new peer-reviewed Agency guidance documents; and new priorities and direction related to the conduct of environmental justice analysis, including Executive Order 14096. The technical guidance builds on the EPA's experience in evaluating environmental justice as part of the rulemaking analytic process and underscores the EPA's ongoing commitment to ensuring the just treatment and meaningful involvement of all people with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. The technical guidance will enable the EPA to conduct better analysis of regulations which will ultimately enable the EPA to make better decisions.

FRN: https://www.federalregister.gov/d/2023-25126

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